Terms & Conditions

Infoskies, on behalf of itself and its affiliates/group companies under the brand 'Telehealings' ('Telehealings'), is the author and publisher of the internet resource www.telehealings.com and the mobile application 'Telehealings' (together, 'Platform'). Throughout the application, the terms 'we', 'us' and 'our' refer to INFOSKIES. INFOSKIES offers this app, including all information, tools and services available from this app to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

section 1. general

By visiting our app and/ or purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the app, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please carefully go through these terms and conditions ('Terms')and the privacy policy available at  https://www.telehealings.com/privacy-policy  ('Privacy Policy') before you decide to access the Website or avail the services made available on the Website and Application by Telehealings. These Terms and the Privacy Policy together constitute a legal agreement ('Agreement')between you and Telehealings in connection with your visit to the Website and your use of the Services.

Any accessing or browsing of the platform and using the services indicates your agreement to all the terms and conditions in this agreement. If you disagree with any part of Terms and conditions then you may discontinue access or use of Platform.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the app following the posting of any changes constitutes acceptance of those changes.

Infoskies may assign, transfer and subcontract its rights and or obligations under these Terms and conditions to any third party as it may deem fit and you shall continue to be bound by these Terms and conditions in the event of such assignment, transfer and subcontracting.

section 2. conditions of use
  1. You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Telehealings that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to and abide by this Agreement.
  2. If you are below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. Infoskies reserves the right to terminate your membership and or refuse to provide you with access to the Platform if Infoskies discovers that you are under the age of 18 years.
  3. You are legally competent to contract, and otherwise competent to receive the services as defined in the terms and conditions. Persons who are 'incompetent to contract' within the meaning of The Indian Contract Act 1872 including undischarged insolvents etc are not eligible to use the Platform.
  4. You are not eligible to use the platform if you have been previously suspended, removed or disqualified by Infoskies for any other reason, from availing the services.
section 3. our services

Through the Platform, we provide you with the following services('Services'):

3.1 Creating and maintaining user accounts: To use our Services, Users need to register on the Platform in order to use and avail the Services provided. In order to register, you have to provide certain personal details including but not limited to your name, phone number, email address, birth date, gender, etc

3.2 Free Symptoms Checker: By signing up, you can check your symptoms for free. You can fill up a simple questionnaire to get a list of suggested doctors.

3.3 Scheduling an appointment for medical consultation: You can book an appointment for a online medical consultation with ahealthcare or wellness service provider / doctor / physician ('HSP') listed on the Platform. The service is rendered 24X7 from specialist doctors. You will receive a confirmation of appointment for an online (audio and video) medical consultation with an HSP of your choice, on the Platform and / or via SMS and / or email and / or an online communication or messaging service. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting HSP's discretion.

3.4 Holding medical consultations: You can have an Online Medical Consultation via audio call or video call or chat on the Platform with the HSP selected by you.

    3.4.1 Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice.

    3.4.2 You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the HSP shall solely be based on the verbal communication between the concerned HSP and the patient, and any test reports and other information provided/uploaded by you on the Platform.

    3.4.3 Your medical records may be viewed by the HSP on the chat facility provided on the Platform in the course of medical consultations and will remain accessible to you for a specific number of days after a particular consultation concludes, as determined by the HSP.

    3.4.4 The Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.

section 4. use of platform

As an end-user and recipient of Services, when you use the Platform, you agree to the following conditions of use:

  1. Due diligence conditions:
    1. You are solely responsible for the medical, health and personal information you provide on the Platform, and you are requested to use your discretion in providing such information.
    2. The advice or the services provided by the HSP will depend upon the information you provide on the Platform. You will provide accurate and complete information everywhere on the Platform, based on which you will receive the Services.
    3. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
    4. 4.1.4 The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc., as stated in our Privacy Policy https://www.telehealings.com/privacy-policy. Please separately review and consent to our Privacy Policy, accordingly.
    5. 4.1.5 The information provided by you can be retained by us and can be used without revealing your identity, as per our Privacy Policy https://www.telehealings.com/privacy-policy.
    6. 4.1.6 We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.
  1. Scope of Services:
    1. The Services availed by you from a HSP via the Platform are an arrangement between you and the HSP you select. The Platform only facilitates connections between you and the HSP and bears no responsibility for the outcome of any such medical consultation or other Services obtained by you.
    2. Infoskies shall not be liable for deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation error / perception error / adverse events / inefficacy of prescribed treatment or advice or investigation reports / validity of the advice or prescription or investigation reports provided by the HSP / 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 medical consultation with HSP via the Platform or post Services.
    3. Infoskies only facilitates the connections between you and the HSP established through the Platform and does not in any way facilitate, encourage, permit you to contact the HSP outside the Platform. Any contact between you and the HSP through the Platform, will be subject to these Terms and Conditions.
    4. If you are redirected to, or visit, any other website or app from the Platform, including for the purposes of browsing, or when the placement and / or fulfilment of an order of any product/service (or any other aspect related thereto) takes you to a different website/platform, Infoskies will not be responsible for products or services received or purchased by you on such other website or platform, or any aspect of your experience on such website or any representations and details provided on such website/platform concerning products/services being displayed or sold by such website/platform.
    5. You may view and access the content available on the Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You shall not modify any content on the Platform or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.
section 5. terms for practioners/health care providers/hospitals

5.1 ACCEPTANCE OF TERMS

    5.1.1This Agreement applies to all healthcare professionals (whether an individual professional or an organization including authorised associates of such practitioners or institutions) who want to list themselves as 'Practitioner' on the Platform and governs the provision of access to Practitioner on the Site or any Practitioner Services provided through the Sites.

    5.1.2 The Practitioner shall be and be deemed to be bound by this Agreement, and to have read and understood and unconditionally accepted this Agreement in its entirety for availing the use of the Practitioner Services provided on or through the Site.

    5.1.3 By using the Site or accessing any material, information or services through the Site, the Practitioner agrees, admits, confirms and declares that the Practitioner has completed 18 years of age as on date of this Agreement, and that the Practitioner has fully read and understood the Terms and Conditions as set forth in this Agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.

    5.1.4 In case the Practitioner has any issue or difficulty with the understanding of this Agreement or any of its clause or portion, you are advised not to Use the Platform and if the Practitioner uses the Platform, it shall be presumed and signified that the Practitioner has agreed to be bound by the terms and conditions of the Agreement, without any objection or reservation.

    5.1.5 If you do not wish to be bound by any part of this Agreement, you are not allowed to and shall not use the platform or any of Services offered by the Company or the Site, any such use of the Platform or any of the Services shall not be valid and shall not vest any rights or entitlements in you, and shall be a breach of this Agreement by you.

    5.1.6 By listing as a Practitioner on the platform, or by mere use of or access to the Platform, you shall be contracting with Infoskies, and these terms and conditions including the privacy policy, constitute your binding obligation and you agree and declare that you are intending to use the Practitioner Services offered by Infoskies, on your own volition, free will, without any undue influence, force or coercion, while in sound and disposing mind and your being legally capable of contracting in law.

5.2 practitioner obligations, undertakings and consent

    5.2.1 You hereby undertake that if you are agreeing to these Terms and Privacy Policy on behalf of another person or any legal entity, that you are duly authorised to do so.

    5.2.2 You also represent and warrant that you are not a person barred from receiving the Practitioner Services under the laws of India.

    5.2.3 You also undertake to inform us of any pending or decided cases/complaint against you in India/abroad for medical negligence and/or medical offences.

    5.2.4 You represent and warrant that you are qualified to provide medical services within the territory of India.

    5.2.5 You represent and warrant that you have obtained all licenses as required by law to provide medical services and have not committed any act or omission that might prejudice its continuance or renewal.

    5.2.6 You hereby agree that for availing Practitioner Services, you will have to register and you are required to give your name, email address, mobile number, password, date of birth, gender, registration number, and certain other sensitive personal information collected by Telehealings

    5.2.7 You hereby undertake and agree that in case of any loss or injury caused to Infoskies or any third party including Users, due to the illegal activity committed through your account, you shall be solely responsible and liable for the consequences.

    5.2.8 You hereby consent to immediately notify Infoskies of any actual or suspected unauthorized use or breach of the Practitioner's Account. You hereby agree that the Company shall not be liable for any direct or indirect losses caused to you by any unauthorized use of Practitioner Account, and you shall be liable for the losses caused to the Company or others, due to such unauthorized use.

    5.2.9 If you register on Telehealings and successfully get an account, You shall be responsible for maintaining the confidentiality of the account, including display name and password of the account, and you shall be responsible for all activities that occur under Practitioner's Account.

    5.2.10 You hereby declare and verify that all information provided by you, is true, accurate and genuine. You hereby agree that in case any information provided is not true or accurate or genuine or complete,or Infoskies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Practitioner's Use, then Infoskies shall have the right to indefinitely suspend or terminate or block access of Practitioner's Account on the Platform.

    5.2.11 You agree not to access (or attempt to access) any of the Practitioner Services by any means other than through the interface that is provided by Infoskies.

    5.2.12 You agree that your use of the platform and System is subject to verification by us of your identity, qualifications, documents and credentials as a Practitioner.

    5.2.13 You agree and warrant that you will be in compliance of all applicable laws while using the Platform, Services or providing services through the Platform.

    5.2.14 You agree that we may terminate your access to or use of the System and Services at any time if we are unable at any time to determine or verify your qualifications or credentials.

    5.2.15 You agree that we may use and disclose your Practitioner Account information for such purposes, including (without limitation) making inquiries through third parties concerning your identity and professional and practice credentials. You authorize us to disclose to third parties such information as required for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information.

    5.2.16 Infoskies, at its sole discretion, can suspend Practitioner's ability to use or access the Practitioner Services at any time while we investigate complaints or alleged violations of this Agreement, or for any other reason.

    5.2.17 Use of the Site and the Services by you, shall be solely at the discretion of the Company. The Company reserves its right to add, delete, withdraw or discontinue its any Service or platform in part or whole.

    5.2.18 The Company reserves, at its sole discretion, the right to refuse any Practitioner to access the platform or avail any Services, without assigning any reason.

    5.2.19 The Company also reserves, at its sole discretion, the right to block any Practitioner from creation of any Practitioner Account, or to block any Practitioner Account from accessing the platform or Services, without assigning any reason.

    5.2.20 You hereby agree, declare and warrant that You are fully authorized and have taken all requisite approvals from the person (if any), on whose behalf, you are acting on the platform.

    5.2.21 You will cooperate with us in the administration of the System, including providing reasonable assistance in evaluating the System and collecting and reporting data requested by us.

    5.2.22 You hereby agree that you will implement and maintain appropriate administrative, physical and technical safeguards, and reasonable and appropriate security precautions to protect the User Information or any other System information, from any unauthorized use or access.

    5.2.23 You will immediately notify us of any breach or suspected breach of the security of the System of which you become aware, or any unauthorized use or disclosure of information within or obtained from the System, and you will take such action to mitigate the breach or suspected breach as we may direct, and will cooperate with us in investigating and mitigating such breach.

    5.2.24 You hereby understand and agree that the relationship between you and the User or patient, shall be independently governed as per the Applicable Laws.

    5.2.25 You warrant and agree that you shall be solely responsible for the professional services you will be providing to the User or the patient, including any consequential or incidental loss or injury.

    5.2.26 You shall be solely liable for your dealings and interaction with patient or User, his/her representatives or affiliates.

    5.2.27 You hereby understand and agree that the Company is only providing a platform to enable User and Practitioner to interact with each other, without any professional intervention of the Company.

    5.2.28 You warrant and agree that any material provided by you, will not infringe any intellectual property or any other right of any third person, and will not be in contravention of any other applicable laws.

    5.2.29 You will ensure that you are in compliance of all applicable laws, regulations and conventions.

    5.2.30 You hereby understand and agree that you acquire no ownership rights in any Practitioner Account.

    5.2.31 You hereby agree and undertake that you will not or attempt to:

      5.2.31.1 impersonate any other Practitioner, person or entity

      5.2.31.2 misrepresent your affiliation with the Company;

      5.2.31.3 use the Site or Services to violate any local, state, national or international law;

      5.2.31.4 use abusive or derogatory language while communicating with the patients and Users;

      5.2.31.5 transfer, assign or sublicense their Practitioner Account or right to use the Practitioner Services to any third party;

      5.2.31.6 use the Practitioner Services provided by the Company for any unauthorized and unlawful purpose; and

      5.2.31.7 engage in any activity that interferes with or disrupts the Practitioner Services, Site or System.

5.3 listing of practitioner information

    5.3.1 Your personal profile describing your credentials, experience, academic background, awards, papers published shall be available for viewing by Users and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be edited or deleted by you at any time.

    5.3.2 Infoskies automatically enables the listing of Practitioners information on its platform. This information listed on the platform is displayed when Users search for Practitioners for various User Services to shortlist them and avail User Services such as name, specialisation, experience, mobile number, address and such other information for other online services as well.

    5.3.3 The Company reserves the right to list Practitioners who are not party to this Agreement. Infoskies reserves the right to modify the listing of Practitioners on its Platform. In case Practitioner wishes to change or remove information as listed and displayed on the platform or disable appointment requests, or any User Services, the Practitioners can do so by using options available on its Practitioner Services or by contacting the admin.

5.4 listing algorithms

    5.4.1 The Company's listing algorithm for the Practitioners is a fully automated system that lists the Practitioner, their profile and information regarding their practice on its Site when the User searches for any User Service. These listings of Practitioner do not represent any fixed objective ranking or endorsement by the Company. The Company will not be liable for any change in the listing order of the Practitioner, which may take place from time to time.

    5.4.2 The listing of Practitioner will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback.

    5.4.3 The ranking algorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm.

    The Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioner on the Site.

    5.4.5 The Company will not be liable for any consequence on the Practitioner or his Practice arising out of the listing order generated by the algorithm.

5.5 prescription

    5.5.1 The prescription is to be provided at your discretion and we will in no way be held liable for the content of the prescription and for the provision or lack of provision of the same to the User.

    5.5.2 You can upload a scanned version of a written subscription signed by you. You can also type the prescription in text box provided against the name of the patient. In this option, an unsigned prescription will be generated which will be visible to the patient when he/she logs into his account on the Site.

    5.5.3 The Practitioner hereby declares that such an unsigned prescription will be deemed to be generated only by him/her and he/she is completely responsible for the outcome of the prescription generated using his/her account.

5.6 transcripts of video and audio calls between users and practitioners

The records of electronic communications and video and phone calls may be stored in the platform's servers and also on the servers of providers of communication service. Such records are dealt with only in accordance with the Privacy Policy and are maintained for the purpose of administration of Services, customer support, research and development and for better listing of Practitioners.

5.7 payment for user services

Infoskies, on behalf of Telehealings will pay the Doctors and Practioners for the services they have rendered on the account details they furnish on Monthly Basis or as discussed during the onboarding process. However, if you have any questions/queries regarding the payment, please write to us at  support@telehealings.com

5.8 feedback

    5.8.1 Our feedback system will send an SMS, email and notifications to the Users asking for feedback which may then be published on the platform. You agree to make your patients fully aware of the possibility of their receiving such feedback queries.

    Infoskies shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the User Services provided by the Practitioner. All such feedback should be made in accordance with applicable law.

    5.8.3 The option of Users to give feedback remains at the platform's sole discretion and may be modified or withdrawn at its sole discretion.

    5.8.4 The platform may moderate such feedback at any time.

    5.8.5 In no event shall the platform be liable for any comments or feedback given by any of the Users in relation to the Practitioner Services provided by a Practitioner.

    5.8.6 The listing order of Practitioners is based on numerous factors including Users' comments and feedbacks.

5.9 ipr, trademark, copyright - use, restrictions and limitations

    5.9.1 The platform is owned, controlled and operated by Infoskies, and all Intellectual Property Rights /IPR including copyright in the platform solely and exclusively belongs to Infoskies.

    5.9.2 All IPR protected material on the platform, including images, text, illustrations, audio clips, trademarks, logos, labels, video clips and User Information, are the intellectual property of Infoskies.

    5.9.3 Any redistribution, modification or reproduction of part or all of the contents featured in the platform or Service in any form is prohibited and actionable.

    5.9.4 You are not permitted to distribute or commercially exploit the IPR except as permitted under this agreement.

    5.9.5 Nothing in these Terms and Conditions grants the Practitioner any right in respect of Intellectual Property Rights of Infoskies.

    5.9.6 Subject to the terms of this Agreement, Infoskies authorizes the Practitioner to view and access the Practitioner Account Information and User Information, on or from the Site, solely for rendering their professional services through the platform to the Users/ Patients.

    5.9.7 You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the platform according to these Terms and conditions.

    5.9.8 In addition to the foregoing, Infoskies also reserves the right to use information provided by you or about you, for the following purposes:

      5.9.8.1 Publishing such information on the Site.

      5.9.8.2 Contacting you for offering new products or services.

      5.9.8.3 Contacting you for taking any feedback.

      5.9.8.4 Analyzing software usage patterns for improving product design and utility.

      5.9.8.5 Analyzing anonymized practice information including financial information for commercial use.

5.10 rights and obligations relating to content - Applicable as mentioned in Section 6

5.11 use and disclosure of user information

    5.11.1 You represent and warrant that you will, at all times during the use of the System and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the User Information or any other information, shared with you.

    5.11.2 You will ensure that all persons or entities under your direction or control, including your affiliates, representatives, employees and agents, will comply with all applicable laws, including but not limited to the Information Technology Act, 2000 and the rules made thereunder.

    5.11.3 If, you use the patient's/ User's personal information including personal sensitive information, except for the purpose it has been provided to you, You shall be solely responsible for obtaining the patient/ Users consents, and all other legally necessary consents or permissions required, to use, disclose, process, retrieve, transmit, and view patient's/ User's personal information including personal sensitive information.

    5.11.4 We cannot and do not assume any responsibility for your use or misuse of User information or other information transmitted, monitored, stored or received while using the platform.

5.12 caution

The Practitioner Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency consultations, emergency advice – written or oral, emergency healthcare procedures or any other emergency situations.

5.13 disclaimer of warranties, guarantees and representations

    5.13.1 You hereby agree that use of the Practitioner Services is entirely at your own risk, cost and consequences. The Service is provided on 'as is' basis, without any warranty or guarantee of any kind and/or any responsibility or liability either express or implied or whether vicarious, or contingent.

    5.13.2 We make no representations concerning the completeness, accuracy or utility of any information in the platform or concerning the qualifications or competence of individuals who placed it there.

    5.13.3 While every effort has been made to ensure that the information hosted on this platform is accurate & correct, however Infoskies does not warrant the accuracy of information obtained from the platform or that it will not violate or infringe any third party right in any manner, whatsoever.

    5.13.4 The Company reserves the right, at its sole discretion, to change, modify, add to or remove any part of the Practitioner Service or portions of these Terms of Practitioner's Use at any time without any prior written notice to you, and any such change, modification, addition or removal (hereinafter referred as "Modifications") shall be considered as a part of these Terms of Practitioner's Use. It is your responsibility to review these Terms and conditions periodically for updates/changes. Your continued use of and access to the Site following the Modifications will mean that you accept and agree to the Modifications.

    5.13.5 Any right granted to you to use the Services offered by us by its platform is personal, non-exclusive and non-transferable and a limited and revocable (at the discretion of the Company) permission to use the platform and Practitioner Services

    5.13.6 We make no representation or warranty regarding the genuineness, credibility, worthiness or otherwise of any User, patient or any other person, or any information provided by them, for any purpose, whatsoever.

    5.13.7 We further make no representation or give any warranty or condition either express or implied with regard to any information or Practitioner Services available on the Site.

    5.13.8 Infoskies also, does not warrant that:

      5.13.9.1 this Site will be constantly available, or available at all;

      5.13.9.2 any or all the Practitioner Services or any other Services on the Site will be constantly available, or available at all;

      5.13.9.3 you will be able to access your account at any or all times;

      5.13.9.4 the information on this platform is complete, true, accurate or non-misleading;

      5.13.9.5 the warranties and representations made by any Users, other Practitioners, the content or information provided by the Users and/or Practitioners on the platform, or any opinion or suggestion given or expressed by the us or any User is complete, true, accurate or non-misleading;

      5.13.9.6 the quality of any Services, information, or other thing obtained by you through the platform will meet your expectation;

      5.13.9.7 the you will be able to use any Services;

      5.13.9.8 the Site, information, content, materials, or Practitioner Services included on or otherwise made available to you through the platform; their servers; or electronic communication sent from us Company or the platform, are free of virus's or any other harmful components.

    5.13.10 Except as expressly set out in these Terms andConditions Use, all warranties, representations, terms, conditions or undertakings whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are, to the fullest extent permitted by law, hereby excluded.

5.14 no unsolicited calls

You agree that you will not make any unsolicited calls or use any information displayed on the platform, to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Practitioner Services.

5.15 rights of modifications

You agree that this Agreement and the Practitioner Services of the Company are subject to any modification, or may be removed by the Company, as a result of change in government regulations, policies and local laws as applicable.

5.16 information uploaded by the practitioner on the platform

While we take utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the platform, is at your own risk. By uploading / sharing / disclosing any User Information such as medical conditions, medical history, medical records, and such other health records and any other information on the platform, you hereby give your consent to us to store such health / medical information in our servers.

section 6. prohibitions

    6.1 You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Platform or any portion of it unless expressly permitted by INFOSKIES in writing.

    6.2 You may not make any commercial use of any of the information provided on the Platform.

    6.3 You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.

    6.4 You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content”.

    6.5 You may not contact or make any attempt to contact the concerned HSP for a consultation, follow up to a prior medical consultation

    6.6 for any other reason outside the Platform via email, SMS, messaging services or any other mode of communication outside the authorized channels.

    6.7 You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by INFOSKIES.

    6.8 You shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that:

      6.9 belongs to another person and which you do not own the rights to;

      6.10 Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy.

      6.11 privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;

      6.12 Is hateful, racially or ethnically objectionable, disparaging of any person;

      6.13 Relates to or seems to encourage money laundering or gambling,

      6.14 Harm minors in any way;

      6.15 Infringes any patent, trademark, copyright or other proprietary rights;

      6.16 Violates any law in India for the time being in force

      6.17 Deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

      6.18 communicates any information which is grossly offensive or menacing in nature;

      6.19 Impersonates another person;

      6.20 Contains software viruses and malicious programs;

      6.21 Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;

      6.22 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;

      6.23 Incites any offence or prevents investigation of any offence or insults any other nation

      6.24 Is abusive or inappropriate to the HSP conducting your medical consultation or any employees/ or affiliate who you may interact with for availing Services;

      6.25 And not relating to the medical consultation or relating to any of the services you avail from us

      6.26 You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the Platform.

section 7. indemnity

7.1 You agree and undertake to indemnify and keep indemnified INFOSKIES, its affiliates and any Infoskies group companies and the concerned HSP ('Indemnified Persons') and us for any losses, costs, charges and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of:

    7.1.1 Deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation errors / perception error arising from:

    7.1.2 Your failure to provide correct and / or complete clinical information / history about the patient in timely and clinically appropriate manner; or

    7.1.3 Suppression of material facts; or your failure to provide relevant clinical information about the patient; or

    7.1.4 Misinterpretation of the advice / prescription / diagnosis / investigation report by you; or

    7.1.5 Failure to follow doctor’s advice / prescription by you; or

    7.1.6 failure to follow instructions of the HSP in respect of the Services or medical procedures prescribed by the HSP by you;

    7.1.7 Incorrect or inaccurate credit / debit card details provided by you; or

    7.1.8 Using a credit / debit card which is not lawfully owned by you; or

    7.1.9 You permitting a third party to use your password or other means to access your account.

section 8. limitation of liability

By using our Services, you confirm that you understand and agree to the following:

    8.1 The Services availed by you from a HSP via the Platform are provided to you by the HSP you select, and not by Telehealings. The limitation of liability specified in this section also applies to any services availed by you from any third party seller of services listed on the Platform.

    8.2 The Platform only facilitates communications between you and the HSP and as such Telehealings bears no responsibility for the quality and outcome of any such Services obtained by you from the respective HSP, to the extent permitted by applicable law.

    8.3 Telehealings itself does not provide any medical consultation or diagnostic services. If you receive any medical advice / investigation reports from a HSP you have contacted through the Platform, you are responsible for assessing such advice, and reports the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the HSP's instructions.

    8.4 In the event that Telehealings markets or promotes any Services to you, please note that such Services will be provided by the relevant HSP, and you are responsible for undertaking an assessment regarding the suitability of such Services and such HSPs for your purposes. Marketing or promotion of Services should be considered as being for informational purposes only, and does not constitute expert advice on the suitability of such services for your specific healthcare needs.

    8.5 The Services provided through the Platform is not intended in any way to be a substitute for face to face consultation with a doctor. Telehealings advices the Users to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.

    8.6 To the extent permitted by applicable law, Infoskies or its affiliates or any Infoskies group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the Platform; (iii) your use or inability to use the AI assistant (iv) your use of any third party services including Services provided by any HSP you contacted through the Platform.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.

section 9. data and information policy

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy  https://telehealings.com/privacy-policy

section 10. intellectual property and ownership

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Platform belong to us at all times or to those who grant us the license for their use. No use of these may be made without the prior written authorization of Infoskies.

section 11. modifications to the service and prices

Prices for our services are subject to change without notice (if applicable). We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Please note that your payments are processed in accordance with applicable law and you may refer to our Payment and Refunds Policy for details  https://telehealings.com/refund-policy

11.1 AI Assistant:(virtual assistant) We use an AI assistant as Symptoms checker to guide patients seeking medical help or treatment from the Platform. This AI assistant's primary purpose is to allow users to book appointments by letting them enter their symptoms, medical conditions or treatment that they are seeking to consult with a HSP.

You should understand that:

    11.1.1 you should never use the AI assistant in a medical or psychiatric emergency;

    11.1.2 in case of an emergency, you should visit hospitals;

    11.1.3 you can use this Platform on behalf of other users (third parties) only if you are a legal guardian of such persons, meaning that you have the legal authority to care for the personal and property interests of such person; and

    11.1.4 no content on the Platform, is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment.

    11.1.5 The user may be directed to chat or call with our patient support team, in certain cases which include but are not limited to the following:

      11.1.5.1 Uncertain outcome from the AI assistant;

      11.1.5.2 Change in schedule of appointment;

      11.1.5.3 Incomplete appointment booking;

      11.1.5.4 Any other case as deemed appropriate by Infoskies.

11.2 Accuracy of Information Displayed:

We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including HSPs. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.

section 12. third party links and resources

12.1 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this app may direct you to third-party apps (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only and are not affiliated with us.

12.2 We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or apps, or for any other materials, products, or services of third-parties.

12.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party apps.

12.4 Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12.5 You shall not hold Infoskies, its group entities, affiliates, or their respective directors, officers, employees, agents and/or vendors responsible or liable for any actions, claims, demands, losses, damages, personal injury, costs, charges and expenses which you claim to have suffered, sustained or incurred, directly or indirectly, on account of your use of third party websites/platforms.

section 13. amendments

13.1 We may from time-to-time update or revise these Terms and Conditions. You can review the most current version of Terms and Conditions here anytime.

13.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes Every time you wish to use the Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

13.3 It is your responsibility to check our app periodically for changes. Your continued use of or access to our app or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

  1. Events beyond our control

    We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control ('Force Majeure'). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control:

      13.4.1 Strike, lockout or other forms of protest

      13.4.2 Civil unrest, revolt, invasion, terrorist attack, terrorist threat, war (declared or not), threat or preparation for war.

      13.4.3 Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

      13.4.4 Inability to use public or private transportation and telecommunication systems.

      13.4.5 Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

13.5 Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

section 14. termination

We may terminate this arrangement at any time, with or without cause. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our app. We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions or considered to be unethical / immoral. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

section 15. applicable legislation and jurisdiction

The use of our Platform shall be governed by the laws applicable in India. Any Dispute, claim or controversy arising out of or relating to this agreement, including the determination of the scope or applicability of this agreement to arbitrate, or your use of the platform or the services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by INFOSKIES. Arbitration shall be conducted in accordance with the arbitration and conciliation act 1996. The seat of such arbitration shall be Ernakulam. All proceedings of such arbitration, including, without limitation, any awards shall be in the English Language. The Award shall be final and binding on the parties to the dispute. if any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

section 16. contact information grievance officer

If a User has any questions concerning Infoskies, the Platform, this Agreement, the Services, or anything related to any of the foregoing, Infoskies customer support can be reached at the following email address: support@telehealings.com or via the contact information available from the following hyperlink: https://telehealings.com/#contact-us

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to our Platform or the service, including any discrepancies and grievances with respect to processing of information, you can send your grievances at: support@telehealings.com