Terms and Conditions
This website (www.rxhealthline.com) is owned, operated and managed by RxHealthline Healthcare Solutions LLP (referred to as “RxHealthline” hereafter), a Limited Liability Partnership firm which is a Technology Platform, having its registered office at No. 197, Ashish Royal Park Bareilly Bareilly UP 243006
The following Agreement is published in accordance with rules and regulations as mandated under Indian Statutes
- Indian Contract Act, 1872
- Information Technology Act, 2000
- Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (shortly referred to as SPDI Rules)
- Rule 3(1) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (shortly referred to as IG Rules)
- Telemedicine Practice Guidelines of MCI dated 25 th March, 2020
Acknowledgement
By entering and using this website, you/user hereby agree and acknowledge irrevocably that you have read and accepted to the Terms and Conditions set forth herein and abide by the same. Before accessing or availing any of the services offered on our website, we strictly advise you to carefully read and understand the terms listed here along with the Privacy Policy set out in a different page, which together constitute a legal agreement between you and RxHealthline in regard to the use of this website. If you fail to understand or acknowledge the terms of the Agreement, you are requested to desist from using our website.
Eligibility
Subject to the acceptance of RxHealthline, any person aged 18 or above and capable of entering into contract as per Indian Contract Act 1872 can access or use this website and avail the services offered by RxHealthline. Minors are prohibited from using this website without a legal guardian acting on their behalf as per the applicable Indian Laws.
Amendments
RxHealthline holds sole authority to modify, add or delete the provisions of this agreement as and when there are changes to the services offered on its website. You, the users or patients or their legal representatives are expected to visit this page and understand the changes as and when it is updated.
Representation and Warranties
You/user, hereby represent and warrant that
- You’re competent to contract as mandated to under Indian Contract Act, 1872.
- If you are acting on anyone else’s behalf, you have obtained lawful consent from the person/company/organization on whose behalf you’re using the website.
- You are not suffering from any legal impediments to use this website.
- You shall comply with all applicable laws.
- You shall not infringe on any Intellectual Property rights of RxHealthline or any of the Third Party service providers on this website.
- You understand the risks or shortcomings involved in taking guidance under telemedicine. There are inherent risks involved in taking telemedicine and you are expected to be aware of this. RxHealthline shall not take any responsibility for the wrong or incorrect diagnosis done by any doctors or healthcare providers based on the information given by you.
- You understand and agree to the High Risk Consent that the liability for any high risk diagnosis is upon you, should you go ahead even after doctor has warned you about the risks involved in any of the high risk cases with which you approach the doctor.
- You abstain from taking any advice or suggestions from this website for any medical emergencies or contingencies.
- You shall not use this website for any illegal or unlawful activities.
- You shall not post any obscene or objectionable content on the platform.
- For any violation or breach of the agreement, an appropriate legal action can be initiated against you according to the procedural standards of the law.
Services
Both registered and non-registered users can surf the website to avail the following services:
a. Search Hospitals and Doctors for various health concerns
b. Book Appointments for listed doctors
c. Search for the details of cost estimation for various surgeries/procedures/investigations
d. Search for lab/pathology departments for different health diagnosis
e. Search for details of Health Insurance/Medical loan facilities
f. Providing feedback for the availed services
g. Various healthcare associated B2B, B2C services
While the services listed under sub-clauses “c”, “d”, “e”, “f” is still under progress, those that are listed under “a” & “b” are up and running. Therefore, you/user can avail the services accordingly.
Terms of Services
Booking
When you try to book an appointment for the listed doctors on page, you are directed to a Google form and are requested to give particulars like your name, age, sex, weight, height, chief complaint/problem, phone number, email etc., On furnishing these details, you will receive a call from RxHealthline to confirm a timeslot for your appointment. Once an appointment is booked, details in regard to setting up a communication channel with the doctor will be shared on your phone number or email.
If you are unable to attend the online consultation for any genuine reason, your appointment can be rescheduled subject to the availability of the concerned doctor.
Telemedicine
You can consult doctors online either by an audio call, chat, video or all of these modes depending on the circumstances of the case. There upon, doctors prescribe medications to you only after he/she is completely satisfied on your diagnosis. Doctors adhere to the latest Telemedicine Practice Guidelines as bought out by the Indian Government and mandated by Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (“Code of Conduct”). At times, for further diagnosis, a video of your bodily injury or complaint may be requested by the doctors. To such a request, you are advised to exercise discretion in sharing videos. If a video is shared, then it implies that you have voluntarily consented to sharing such a video.
Feedback and Reviews
You are free to give any feedback for any of the services availed from our website on the respective page. All such feedbacks and related information provided in that regard are used to improve the services and suggest to doctors or other healthcare providers accordingly. Under any circumstances, if the information provided by you is found to be suspicious, RxHealthline reserves the right to not act upon such feedback and also enables them to take necessary steps to terminate your account.
Payment
For the services availed, payment of charges including that of doctor’s professional fee are to be done via any of the mobile payment options like UPI which will be communicated to you by RxHealthline at the time of booking an appointment.
Payment can also be made via debit cards, credit cards, e-wallets or internet banking, the services of which will be enabled on our website in near future.
You are expected to fully read and understand the terms and conditions of the respective payment gateways or other such payment options which you would choose to make payments.
In the event of any failure of payment due to bank/upi server problems/payment gateway failures or other similar technical glitches, RxHealthline cannot be held responsible unless the failure is deliberately caused by the errors of RxHealthline. In such a scenario, you are advised to approach your selected payment gateway service providers to lodge your complaints pertaining to failure or other issues of payments.
Cancellation and Refund Policy
If any user/patient fails to make tele-consultation with their assigned doctor as per their scheduled date and time, such user/patient can claim refund of the payment made within seven days from the date of their scheduled appointment.
Termination of User Profile
RxHealthline reserves its right to cancel or terminate your profile and you will be denied access to our website for any or all of the following reasons listed herein below:
a. Substantial breach of terms of this agreement
b. Practicing any of the prohibited acts listed under General Clause of this agreement
c. For providing false information
d. For engaging in any illegal or fraudulent activities on our platform
e. For endangering the services of other genuine users on this platform
Intellectual Property Rights
RxHealthline reserves all the rights to protect its intellectual property rights. By virtue of acknowledging this agreement, no user or any third party shall acquire any right, title or interest in any of the intellectual properties that is owned by RxHealthline. In the event of any infringement of such rights coming to light, RxHealthline shall initiate all necessary legal proceedings against such parties.
Limitation of Liability
Under no event or circumstances, whether tort (including negligence), contract or otherwise, unless as required by applicable law or to the effect of giving in writing, neither RxHealthline nor any of its directors, employees, agents, officers or service providers shall be held liable by you for the damages, including direct, indirect, special, consequential or incidental, that arise due to the usage or non-usage of content of our website or availing of any listed services or this agreement. Without prejudice, the maximum liability of RxHealthline under any circumstances shall not exceed INR 1000/- (Rupees One Thousand Only) or the fee that was charged to you, whichever is lesser.
Governing Law & Jurisdiction
This Agreement shall be governed, interpreted and construed to in accordance with the Laws of India. Any disputes, claims or controversies arising because of the terms of this Agreement shall be determined by process of Arbitration in India in accordance with Arbitration and Conciliation Act, 1996 before a sole arbitrator as appointed by RxHealthline. The seat and venue of such arbitration shall be at Bareilly, Uttar Pradesh, India. The proceedings including that of any awards shall be dealt in English/Hindi language. The awards of such proceedings shall be binding upon both the parties.
Subject to the above stipulation, courts at Bareilly, Uttar Pradesh, India, shall have exclusive jurisdiction to adjudicate upon any disputes that may arise due to this agreement.
Indemnity
You shall indemnify and hold RxHealthline or any of its directors, employees, agents, officers, or any of their service providers harmless from and against any claims, damages or losses that may arise due to any of your acts which are prohibitory in nature, willful disobedience of any instructions, breach of this Agreement, non-compliance of applicable laws of the land, misrepresenting or misleading by giving false information with or without malafide intentions.
Additionally, the enlisted doctors or healthcare providers or the external doctors to whom the users of this website are directed or suggested to shall indemnify and hold RxHealthline or any of its directors, employees, agents, officers, or any of their service providers harmless from and against any claims, damages or losses that may arise due to the acts or services provided by such doctors or healthcare providers.
RxHealthline shall indemnify and hold users/doctors/healthcare providers harmless from and against any claims, damages or losses that may arise due to its breach of obligations under this Agreement.
Severability
If any of the provisions under this Agreement is found to be or held unenforceable by any courts, tribunals or similar such forums, then such provision can be deemed to be excluded from this Agreement without affecting the rest of the provisions. The remaining set of Agreement continues to be valid and effective.
General
You, the users or patients, are responsible for the information provided while creating your profile or for the diagnosis of your health concerns. Doctors’ diagnosis is based upon the information provided by you and they trust your information provided to them as true and correct.
You are expected to keep your credentials confidential and safe. RxHealthline will not be responsible for any misuse or fraudulent usage of your data because of your inability to keep your credentials safe.
You must be aware of the fact that no digital platforms can be one hundred percent safe from phishing attacks or other related cyber attacks. Therefore, you must exercise caution and discretion while using our website.
RxHealthline will not be held liable or responsible for any of your activities in regard to the links that may be provided by the third parties on our platform.
Tele-consultation is strictly prohibited for any emergency care and procedures unless it is of a necessity in rarest of rare cases which shall be evaluated by the concerned doctor on case to case basis. Additionally, tele-consultation involves inherent risks in diagnosing your health conditions. Therefore, you are instructed to use tele-consultation judiciously.
You are also advised that tele-consultation cannot replace or substitute your regular or physical or conventional consultation with your doctors. Tele-consultation can only supplement to your existing consultation procedures.
By the virtue of you giving feedback on the respective pages of our website, you are also assigning the right to use that information to display, remove or edit in order to maintain decency on our platform. RxHealthline shall be under no obligation to use every feedback provided to it.
You must be aware that in this digital and competitive age, there might be many other platforms or entities designed to impersonate or imitate RxHealthline. You are advised to tread cautiously and share information accordingly. RxHealthline cannot be held liable for any of the claims, damages or losses that might arise due the acts of such Imposters.
RxHealthline does not warrant that its website is free of viruses or other malwares although regular or standard safety precautions are taken on our behalf.
RxHealthline does not warrant that its website is free of any disruptions. You can expect delays, inaccessibility or other disruptions when website is undergoing any maintenance, software updates, server updates, or similar such works that are common for any digital platform to offer its users seamless services.
You are prohibited from doing any of the following acts:
● to host, display, upload, modify, publish, transmit, store, update or share any information that,—
(i) belongs to another person and to which the user does not have any right;
(ii) is defamatory, obscene, pornographic, invasive of others’ privacy, including bodily
privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
● Furnishing false information for account creation or consultation
● Designing, reverse engineering, integrating, disintegrating or reproducing the elements of our website
● Copying the content displayed on our website
● Using artificial intelligence, deploying any software or other tools to spy or to steal the information from our website or to access the data logs of our users without due authorization
● Assigning any rights accrued to you by this agreement or subcontracting such rights, interest to anybody else
User’s/Patient’s Consent and Disclaimer for Teleconsultation
I hereby undertake that I have voluntarily requested and authorized the Treating Physician to diagnose my health complaints via teleconsultation process. The Treating physician will reach his or her conclusions regarding my health condition based on the information provided by me.
I understand and agree that:
1. Online Consultation is solely based on the information provided by me and, in the absence of a physical evaluation, the treating physician may not be aware of certain facts that may limit or affect his or her assessment or diagnosis of my condition and recommended treatment.
2. Online Consultation is very different from a regular face-to-face examination and that the treating physician providing the consultation is limited by the written information and imaging provided by me. Accordingly, the diagnosis I receive is limited and provisional.
3. An Online Consultation is not intended to replace a full medical face-to-face evaluation by a physician.
4. The Treating Physician is only rendering an online consultation and does not assume any responsibility for my continued medical care or treatment.
5. My Medical Information will be handled with strict confidentiality, privacy and security; however, I understand there are risks associated with any electronic transfer process from one location to another.
6. I have read the privacy policy located on the website.
7. I solely assume the risk of the limitations set forth herein, and I further understand that no warranty or guarantee has been made to me concerning any particular result related to my condition or diagnosis.
Grievance Redressal
If there are any issues, grievances or any clarifications required with this Agreement, or with the usage of our website, or with any of the services availed because of our website, you can reach to us through the following contact:
Name: Dr. Prempal Singh
Address:197 Ashish Royal Park, Bareilly UP
Phone No.:741741444
Email: prempalsinghmch@gmail.com
Checkbox Agreement
By Clicking “I Agree”, you, the patient or anyone else on their behalf, confirm that you have read and understood this Terms & Conditions along with the Privacy Policy. This is equivalent to physically signing an agreement.
Medical Certificate
By the Rules & Regulations of Telemedicine Practice Guidelines, Medical Certificates are not to be generated for the diagnosis obtained via Tele-consultation as any such certificates require physical diagnosis of the patients. One can approach proximate government hospital to get such certificates based on the prescriptions obtained in tele-consultation process.