Terms & Conditions
Terms and Conditions
The Users expressly understand, acknowledge and agree to avail the CARE HOSPITALS ecare Tele-consultation services (the “Tele-consultation”) on the following terms and conditions set forth herein below:
- User is above the age of 18 years and legally competent to enter into this agreement with us to avail our Tele-consultation services;
- The use of Tele-consultation is not in violation of any applicable law or third party contracts executed by the User
- In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however, it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
- The Users agree to use the advice from Practitioner on the Website pursuant to:
- ongoing treatment with their medical practitioner;
- a condition which does not require emergency treatment, physical examination or medical attention;
- medical history available as records with them for reference;
- a record of physical examination and report thereof with them, generated through their local medical practitioner;
- consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
- The User agrees that by using Tele-consultation, the Practitioners on Tele-consultation will not be conducting a physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. The user acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
- The User understands that Tele-consultation shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
- Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the Tele-consultation prescription policy. Restricted drugs are as follows:
- Medication for Medical Termination Pregnancy (MTP)
- Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth-generation antibiotics.
- If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
- The user understands and agrees to provide complete and accurate information that would aid the Practitioner in arriving at diagnosis including but not limited to their clinical history, and will not use the Tele-consultation platform for any acts that are considered to be illegal in nature.
- If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that CARE HOSPITALS may send such communications like text messages/email/calls before and/or after the Practitioner’s consultation (physical or online) to User’s mobile number, based on the Practitioner’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, CARE HOSPITALS does not take responsibility for the timeliness of such communications.
- User hereby consents to the recording of all communications (including audio, video and written communications) with our Practitioners
- User hereby consents to the recording, saving and storing of all information pertaining to you provided to us or obtained during the course of providing the service, including without limitation, personal contact information, medical history, laboratory reports, communications with our Practitioner, and other patient records.
- Any conversations and information that the Users have had with the Practitioner will be subject to doctor-patient confidentiality and treated as such as per the applicable laws
- The User hereby agrees to and grants consent to the CARE HOSPITALS’ medical team with the right to audit his/her consultations on the Tele-consultation platform for the purpose of improving treatment quality and other related processes.
- Users shall refrain from raising any personal queries or advice on the Tele-consultation platform which are not related to a specific disease / medicine.
- Users shall not use abusive language on the Tele-consultation platform. In the event of abuse from the User is reported by a Practitioner, CARE HOSPITALS reserves the right to block such Users from the Tele-consultation platform and CARE HOSPITALS is not responsible for honoring any refund request towards his/her consultation on the Tele-consultation platform.
- Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. CARE HOSPITALS shall not be responsible for any such images or videos shared by the Users with the Practitioners.
- Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Tele-consultation platform. Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.
- Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
- For every paid consultation on the Tele-consultation platform, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation on the Tele-consultation platform, such consultations will not be addressed by the relevant Practitioner.
- The User agrees and understands that the transaction with the Practitioner are subject to the jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the user is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
- CARE HOSPITALS, its affiliates, doctors, representatives or employees shall not be liable for any deficiency in service or loss, damages or adverse impact you may have incurred due to the breach of one or more of the terms and conditions (including the undertakings) by you.
- CARE HOSPITALS, its affiliates, doctors, representatives or employees shall not be liable for any error in diagnosis, delay in providing the service or deficiency in service due to the occurrence of sub-optimal technical conditions (including without limitation, poor network connectivity, power shutdown, service downtime, scheduled maintenance work by the internet service providers.
- CARE HOSPITALS or its doctors or representatives will not be responsible for any misunderstanding or misinterpretation of any advice given by the doctors during the Service or of any terms and conditions herein.
- CARE HOSPITALS or its doctors or representatives will not be liable for misdiagnosis / faulty judgment/interpretation error/perception error/Adverse events/ inefficacy of prescribed treatment or advice/validity of the advice or prescription provided by the consulting doctor in your jurisdiction of residence/ unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post consultation from our Online Medical Opinion platform.
- In no event shall CARE HOSPITALS or its doctors and representatives be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of our Services.
- The User shall indemnify and hold harmless CARE HOSPITALS and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
- The User shall make payment using the payment gateway to make payments online, solely at User’s discretion.
- The User understands that any confirmed appointment post-payment is only eligible for reschedule within 7 days and as per the Practitioner’s availability
- Should there be any issues with regard to the payment not reaching the CARE HOSPITALS account, the User may contact the support team: firstname.lastname@example.org
- This agreement may be terminated by either party at any time, with or without cause
- This agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts at Hyderabad
- CARE HOSPITALS may at any time, without any prior notification to you, modify these terms of conditions. Please review the latest version of the terms and conditions before proceeding to avail the service
- If any part of the agreement is determined to be invalid or unenforceable pursuant to applicable law then the said provision will be superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect
Use of the Care Hospitals Platform/Care Hospitals Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Care Hospitals website located at Care Hospitals.com, and all associated sites linked to Carehospitals.com, or the Care Hospitals mobile application or any similar platform (hereinafter collectively, the Care Hospitals Platform having its registered office Quality Care India Limited at Road No.1, Banjara Hills, Hyderabad – 500034) on any device and/or before availing any services offered by Care Hospitals on the Care Hospitals Platform which may include services such as bill payment, Home Services, Home delivery service and marketplace service or any other service that may be offered by Care Hospitals on the Care
Hospitals Platform (hereinafter individually, and collectively, the Care Hospitals Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Care Hospitals Services, whether offered by Care Hospitals or its affiliates.
By registering on, accessing, browsing, downloading or using the Care Hospitals Platform for any general-purpose or for the specific purpose of availing any Care Hospitals Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Care Hospitals Service (hereinafter collectively, Terms and Conditions). These terms and conditions shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific terms and conditions in relation to any Care Hospitals Service or any future service that may be offered by Care Hospitals on the Care Hospitals Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Care Hospitals Platform or availing any Care Hospitals Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Care Hospitals Platform and immediately terminate Your availing of the Care Hospitals Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Care Hospitals Platform or a
customer or beneficiary of the Care Hospitals Services, and Care Hospitals. All services are rendered by Care Hospitals through the Care Hospitals Platform under the brand name “Care Hospitals” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Care Hospitals, Your use of Care Hospitals’ digital services (which includes but may not be limited to prepaid recharge, bill payment, booking movie tickets, bus tickets, hotel rooms or flight tickets), the semi-closed wallet service, the marketplace service or any such other services which may be added on the Care Hospitals Platform and which will henceforth be a Care Hospitals Service, from time to time. The Care Hospitals Services shall be used by You subject to Your adherence with the T&Cs. As
long as You accept and comply with these T&Cs, Care Hospitals grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Care Hospitals Platform and/or avail the Care Hospitals Services.
The Care Hospitals Services are not available to persons under the age of 18 from availing the Care Hospitals Services or accessing the Care Hospitals Platform. By accepting the T&Cs or by otherwise using the Care Hospitals Services. In addition, You represent
and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Care Hospitals reserves the right to suspend or permanently prevent You from availing Care Hospitals Services or using the Care Hospitals Platform.
By accepting the T&Cs, You accept the following:
Care Hospitals may send alerts to the mobile phone number provided by You while registering with the Care Hospitals Platform for the SSOID service or on any updated mobile number subsequently provided by You on the Care Hospitals Platform, or via e-mail or push notifications. The alerts will be received in case of SMS, only if the mobile phone is in ‘On’ mode to receive the SMS, in case of an e-mail, only if the e-mail servers and e-mail ids are functional, and in case of push notifications, if the
user has enabled the receipt of such notifications. If the mobile phone is in ‘Off’ mode or if the e-mail servers or ids are not functional or if the push-notifications feature has been turned off, then
You may not get the alert at all or get delayed messages.
Care Hospitals will make best efforts to provide alerts via SMS/e-mail/push notifications and it shall be deemed that You shall have received the information sent from Care Hospitals as an alert on the mobile phone number or e-mail id provided during the course of, or in relation to, using the Care Hospitals Platform or availing any Care Hospitals Services. Care Hospitals shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold Care Hospitals liable for the non-availability of the SMS/email alert/push notifications service in any manner whatsoever. The SMS/e-mail alert/push notification service provided by Care Hospitals is an additional facility provided for Your convenience and that it may be susceptible to error, omission and/or inaccuracy. In the event that You observe any error in the information provided in the alert, Care Hospitals shall be immediately informed about the same by You and Care Hospitals will make best possible efforts to rectify the error as early as possible. You shall not hold Care Hospitals liable for any loss, damages, claim, expense including legal cost that may be incurred/suffered by You on account of the SMS/e-mail alert/push notification facility.
The clarity, readability, accuracy and promptness of providing the SMS/e-mail alert/push notification service depends on many factors including the infrastructure and connectivity of the service provider. Care Hospitals shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
You will indemnify and hold harmless Care Hospitals and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which Care Hospitals or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following: (i) misuse by You or improper or fraudulent information provided by You; (ii) incorrect number or a number that belongs to an unrelated third party provided by You; and/or (iii) the customer receiving any message relating to the booking confirmation, modification to an appointment, cancellation of appointment, change in schedule, delay, and/or rescheduling from Care Hospitals and/or the SMS/e-mail service provider.
You agree to indemnify, save, and hold Care Hospitals, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the Care Hospitals Services or of the Care Hospitals Platform; (ii) any violation by You of this Agreement or the SSOID Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. Care Hospitals reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Care Hospitals, including rights to settle, and You agree to cooperate with Care Hospitals defense and settlement of these claims. Care Hospitals will use reasonable efforts to notify You of any claim, action, or
proceeding brought by a third party that is subject to the foregoing indemnification upon becoming
aware of it. This paragraph shall survive the termination of this Agreement.