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.
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.
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.
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 a healthcare 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.
As an end-user and recipient of Services, when you use the Platform, you agree to the following conditions of use:
5.1 ACCEPTANCE OF TERMS
5.1.1 This 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 judgement.
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.
5.2 practitioner obligations, undertakings and consent
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:
5.3 listing of practitioner information
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.
5.4 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.
5.4.4 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.
5.6 transcripts of video and audio calls between users and practitioners
5.8 ipr, trademark, copyright - use, restrictions and limitations
5.9 rights and obligations relating to content - Applicable as mentioned in Section 6
5.10 use and disclosure of user information
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.
5.12 disclaimer of warranties, guarantees and representations
5.13 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.
5.14 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.
5.15 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.
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:
By using our Services, you confirm that you understand and agree to the following:
This section shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.
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.
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://www.telehealings.com/refund-and-cacellation.
11.1 AI Assistant:(virtual assistant) We use an AI assistant 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:
11.2 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.
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.
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.
13.3 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.
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:
13.5 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.
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.
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.
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: firstname.lastname@example.org or via the contact information available from the following hyperlink: www.infoskies.com/#contact.
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: email@example.com.