Please read, understand and accept the Terms & Conditions before using this SITE and APP

These Terms and Conditions (hereinafter referred to as “Terms”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to The Indian Contract Act, 1872. These Terms being an electronic record does not require any signature. By using this Site or by clicking a box that states that you accept and agree to these terms, you are confirming that you have read, understood and accepted these terms of use. If you do not agree to these terms of use, you may not use this Site.

Any complaints, regarding the use or information posted on this Website and/or App, may be sent to support@mail.healthrecovery.in

• Introduction

  • This Website and/or App www.mail.healthrecovery.in and/or any part thereof (“Website”) and the mobile based software application titled ‘DoctorQ’ and/or any part thereof (“App”) is owned by Eshagna Service India Pvt Ltd, Nandyal,Andhra Pradesh - 518501, India (“Site Owner”).
  • Site Owner hereby grants the User an non-exclusive, non-transferable, limited licence to use the Website and/or App, subject to the unconditional acceptance of all these terms and conditions (called “Terms” or “Terms and Conditions”) governing use of this Website and/or App and the User hereby agrees to familiarize himself/herself with the Terms and Conditions and other terms and guidelines found throughout this Website and/or App and abide by them. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and the Site Owner in connection with your visit to the Website and your use of the Services. If the User is dissatisfied with the Website and/or App or any portion thereof, or with any of these Terms and Conditions, the sole and exclusive remedy is to discontinue using this Website and/or App.
  • The Website and/or App is deemed to be used by the User when it is accessed by the User by any means and/or when it is loaded and/or continues to be loaded in the temporary or permanent memory of the User’s computer or a similar system or in the internet browser thereof. Site Owner’s own records of the use of the Website and/or App and transactions concluded therein, maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. The User’s use of this Website and/or App may be terminated at any time by Site Owner at the sole and absolute discretion of Site Owner, without any reason or notice required to be given.
  • Site / Site Owner shall not be responsible or liable, in any way, for any act or omission on part of any Service Provider.

• Definitions

  • "Account" means the account of the User, created free of charge for using the Site.
  • "Appointment" means the details of the appointment fixed through/on the Site, for availing services offered by the Service Provider subject to the terms and conditions stated in the Site and the Service Provider
  • “Registered User” means a User who has registered himself/herself or his/her dependants with the Website and/or the App with required information and who can log on to the Site / Platform by providing their username and password for availing the services provided therein.
  • “RMP” means Registered Medical Practitioner or Registered (Ayurveda, Siddha, Unani) Medical Practitioner enrolled with the State Medical Register / the Indian Medical Register under the IMC Act, 1956 or State Medical Council / Medical Council of India or State Medical Register of Indian Medicine or the Central Register of Indian Medicine under the IMCC Act, 1970 respectively and (a) with whom Registered Users can book appointment for consultation or (b) with whom Registered User can do a Video Consultation for non-emergency medical care or (c) with whom Registered Users can do a Tele-medicine consultation for non-emergency medical care, using the Website/APP.
  • “RMP Services” means the treatment, prescription, medication given by RMP during consultation.
  • “Service” means healthcare related services including but not limited to (a) fixing of appointments with RMPs (b) video consultation with RMPs (c) telemedicine consultation with RMPs available from time to time through the Site and rendered by Service Provider(s).
  • "Service Provider" means those persons or entities including but not limited to RMPs who are listed on the Site/Platform and who provide the available Services by accepting the requests made by the User(s) and for which such Service Providers are alone liable for such accepted Services.
  • "Site" / “Platform” means the Website/App and the Mobile Software “DoctorQ”, owned and operated by Eshagna Service India Pvt Ltd.
  • "Site Owner" means Eshagna Service India Pvt Ltd, Manorama Building, K. K. Road, Kottayam 686001 Kerala, India.
  • “Territory” means the Republic of India.
  • “User” shall mean any person (including a Registered User) who accesses or uses the Website and/or the App. User(s) may be referred to as You, Your, him, her they, as the context may require.

• Scope

  • User(s) understand that the Site is an intermediary that Patients and RMP utilize to met and interact with one another for health care related needs. Site act as aggregators who display to the End User / Patients / RMP the content provided on the Site, by the RMP and End Users, including without limitation content relating to area of RMP’s specialization, expertise, experience, availability, fee and geographic location.
  • The Platform allows you to upload materials and information, including but not limited to documents, images etc (“User Information”). You understand that User Information is shared with the RMP you select. RMP may use your User Information to diagnose or otherwise advise you.
  • User(s) acknowledges and agrees that Services that Site Owner is facilitating through the Site shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between Site and the User.

• Requirement for Registration

  • You must be 18 years of age or older to register, use the Services or visit or use the Site in any manner. Minors are prohibited from accessing or creating User Account; however, the Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws. By registering, visiting and using the Site or accepting this Agreement, you represent and warrant to the Site Owner that you are 18 years of age or older and that you have the right, authority and capacity to use the Site and the Services available through the Site and agree to and abide by this Agreement. Services are available only for the citizens of India and in the Territory.
  • Registration of the User is necessary to (a) book appointments for Consultation, (b) Video Consultation with RMP for non emergency medical care, (c) Tele-medicine consultation with RMP for non emergency medical care on the Site. The User agrees to: (a) provide true, accurate and complete information about the User as required in the registration form ("Registration Data") on the Site; and (b) take prompt steps to update the Registration Data to keep it current and complete.
  • If the User provides any information that is untrue, inaccurate, not current or incomplete or Site Owner has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Site Owner shall have a right to suspend or terminate User's registration and refuse any and all current or future use of the Site.
  • The User shall be responsible for maintaining the confidentiality of the User’s password and User ID and shall be solely and fully liable for all use of such password or User ID and any consequences thereof.

• The User shall not use the User ID and/or Password of any other person for any purpose whatsoever without proper authorization from such person. User confirms that the User is the authorized holder of the credit/debit card or the account holder/authorized signatory of the bank account used for any transactions through the Site.

• The User also agrees and undertakes to ensure that the User logs off at the end of each session at the Site and to immediately notify Site Owner of any unauthorized use of the User's password or User ID. Site Owner shall not be responsible for any direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.

• The User agrees to provide authentic and true information. Site Owner reserves the right to call upon the User to share valid documents to verify the authenticity of information and other details provided by the User at any point of time. If upon verification such User details are found to be false (wholly or partly), Site Owner reserves the right at its sole discretion to cancel the registration, block the Account and debar the User from using the Site, without prior intimation whatsoever.

• The User grants Site Owner the right to disclose to third parties and the Service Providers the Registration Data to the extent necessary for the purpose of providing the Service.

• Type of Services

  • Site lists the profile of RMPs on its Platform.
  • User(s) may search the Site for RMPs for the available specialties/ therapeutic areas.
  • From the results displayed the User(s) may book an appointment on the Site for the Services of RMPs as per the available times slot.

    Book an appointment for consultation with RMP

    • Pursuant to booking Site will send a communication to the User(s) informing the booking details with token number. Tentative appointment time will be informed to the User at a later point of time.
    • The User(s) is/are required to visit the Clinic/Hospital of RMP at least 30 minutes prior to the Schedule appointment.
    • User understands that the Site shall be under no obligation to arrange for fresh appointment, in the event, any scheduled appointment is subsequently cancelled by RMP or the RMP is not available for providing the Services on the scheduled date and time of appointment.
    • User(s) acknowledge and agree that the concerned RMP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the RMP, including but not limited to (i) the treatment, prescription, medication or (ii) for medical negligence arising out of such RMP services.
    • User(s) acknowledge that the Site shall not be liable in any way for any claims with respect to RMP Services and confirm that it shall not make any claim on Site or any other person/party. The display of any search results on the Site / Platform is on an “as is” basis (as per the details made available by the RMPs).

    Video Consultation with RMP for non-emergency medical care (Presently available in Android platform or website)

    • Pursuant to booking, Site will send a communication to the User(s) informing the booking details.
    • The User(s) is required to log in at the schedule time.
    • Pursuant to Your consultation, an RMP shall prepare a prescription, sign it and share the same through the Site.
    • User(s) are advised to have a follow-up face to face visit with the RMP with whom the User(s) have availed Video Consultation Services and correlate the outcome of such video consultation with the RMP.
    • User understands that the Site shall be under no obligation to arrange for fresh appointment, in the event, any scheduled appointment is subsequently cancelled by RMP or the RMP is not available for providing the Services on the scheduled date and time of appointment.
    • In case the User(s) has prepaid for an appointment with concerned RMP and does not intend to avail the fresh appointment pursuant to the non availability of RMP, the prepaid amount shall be refunded to the User(s) account. After deducting Convenience Fee paid at the time of Booking.
    • In the event, the User(s) chooses any wrong specialty or therapeutic area for consultation, the User(s) gives wrong or unauthorized information. Site shall not be responsible or liable for any consequences arising there from. In the event there are disruptions, blurring, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, Site although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for the User(s). In case the User(s) has prepaid for the consultation with concerned RMP and does not intend to avail the fresh consultation pursuant to the events occurring under this Sub clause, the prepaid amount shall be refunded to the User(s) account.
    • User(s) acknowledge and agree that the concerned RMP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the RMP, including but not limited to (i) the treatment, prescription, medication or (ii) for medical negligence arising out of such RMP services.
    • User(s) acknowledge that Site shall not be liable in any way for any claims with respect to RMP Services and confirm that it shall not make any claim on Site or Site Owner.
    • The display of any search results on the Site is on an “as is” basis (as per the details made available by the RMPs).

    Tele-medicine consultation with RMP for non-emergency medical care

    • Pursuant to booking, Site will send a communication to the User(s) informing the booking details.
    • The User(s) is required to log in at the schedule time.
    • User(s) may contact on-call for connecting with available RMP for non-emergency medical care assistance.
    The RMP, depending upon the problems and details communicated by the User(s), provide appropriate medical advice if the same is within his/her therapeutic domain.
    • If any medical advice is given by the available RMP during telephonic conversation, the User(s) will be sent a prescription to the Users ID or registered phone number.
    • User(s) are required to have a follow up face to face visit with an RMP and correlate the outcome of telemedicine consultation.
    • In the event, telephonic services are not available on the Platform when the User(s) logs in for availing the same, User(s) will be informed of the availability of telephonic services once the services are restored. User(s) can contact Customer Care and enquire the approximate time for availability of telephonic services. User(s) further agree not to hold Site responsible for non- availability of telephonic services.
    • In the event, the User(s) gives wrong or unauthorized information; the Site shall not be responsible or liable for any consequences arising there from.
    In the event there are disruptions, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, Site although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for the User(s). In case the User(s) has prepaid for the consultation and does not intend to avail the fresh consultation pursuant to the events occurring under this sub clause, the prepaid amount shall be refunded back to the User(s) account.
    • In the event there are disruptions, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, Site although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for the User(s). In case the User(s) has prepaid for the consultation and does not intend to avail the fresh consultation pursuant to the events occurring under this sub clause, the prepaid amount shall be refunded back to the User(s) account.
    • The RMP providing services through the Video / Tele consultations hereby expressly acknowledge, understand and agree to the following terms : (i) The RMP shall provide as best advise or prescription as possible using the information available through the online consultation program. In the event more information is required or a physical examination must be conducted before any medical advise or prescription can be given, then the RMP must state those limitations and requirements to the patient or user promptly.
    • Please note that Site (i) does not recommend or endorse any RMP(s) mentioned on the Site; and (ii) does not make any representations or warranties with respect to RMP(s) or the quality of the healthcare services they may provide, and (iii) does not grade RMP(s).
  • User(s) acknowledge and agree that the concerned RMP from whom Services are availed shall alone be liable and responsible for any act or omission or commission on part of the RMP, including but not limited to (i) the treatment, prescription, medication or (ii) for medical negligence arising out of such RMP services.
  • User(s) acknowledge that Site shall not be liable in any way for any claims with respect to RMP Services and confirm that it shall not make any claim on Site or Site Owner.
  • The display of any search results on the Site is on an “as is” basis (as per the details made available by the RMPs).

• Site Owner may by its Services, collect information relating to the devices through which you access the Site and anonymous data of your usage. The collected information will be used only for improving the quality of Site Owner’s services and to build new services.

• The Site allows Site Owners to have access to registered Users’ personal email or phone number for communication purpose so as to provide you a better Service and for obtaining feedback in relation to the Service Providers and their practice.

• The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

  • the fact that certain information is being collected;
  • the purpose for which the information is being collected;
  • the intended recipients of the information;
  • the nature of collection and retention of the information; and
  • the name and address of the agency that is collecting the information and the agency that will retain the information; and
  • the various rights available to such Users in respect of such information.

• Site Owner shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Site Owner or to any other person acting on behalf of Site Owner.

• Site Owner displays on the Site, relevant information regarding the profile and practice of the RMP/Hospitals/Service Providers listed on the Site, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Information regarding RMP and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the RMP’s. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor DoctorQ provides any advice about any particular RMP. You are encouraged to independently verify any such information you see on the Website with respect to a RMP that you seek to make an appointment with.

• The Services provided by Site Owner or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Site Owner does not provide or make any representation, warranty or guarantee, express or implied about the Site or the Services. Site Owner does not guarantee the accuracy or completeness of any content or information provided by Users on the Site . To the fullest extent permitted by law, Site Owner disclaims all liability arising out of the User’s use or reliance upon the Site, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Site , or any opinion or suggestion given or expressed by Site Owner or any User in relation to any User or services provided by such User.

• The Site may be linked to the website of third parties, affiliates and business partners. Site Owner has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Site. Inclusion of any link on the Site does not imply that the Site Owner endorses the linked site. Users may use the links and these services at User’s own risk.

• Site Owner assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Site or the downloading of any material, data, text, images, video content, or audio content from the Site . If a User is dissatisfied with the Site , User’s sole remedy is to discontinue using the Site.

• If Site Owner determines or has reasons to believe that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Site Owner reserves the right to immediately suspend your access to the Site or any of your accounts with Site Owner and makes such declaration on the website alongside your name/your clinic / hospital’s name as determined by Site Owner for the protection of its business and in the interests of Users. You shall be liable to indemnify Site Owner for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Site Owner or its Users.

• The Site Owner does not guarantee that a patient will get a confirmed appointment. Site shall be under no obligation to arrange for fresh appointment. Further, Site Owner has no liability if such an appointment is confirmed but later cancelled by Hospitals/ Practices or Service Providers, or the Service Providers are not available as per the given appointment time.

• You understand and agree that any interactions and associated issues with Service Provider / other Users including but not limited to your health issues and your experiences is strictly between you and Service Provider / the other Users. You shall not hold Site Owner responsible for any such interactions and associated issues. For avoidance of doubt, Site Owner is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Service Provider you interact with, pursuant to any interactions on the Site. If you decide to engage with a RMP/Service Provider to provide medical services to you, you do so at your own risk. The results of any search you perform on the Site for RMP/Hospital/Service Provider should not be construed as an endorsement by the Site Owner of any such particular Service Provider. Site Owner shall not be responsible for any breach of service or service deficiency by any Service Provider. We cannot assure nor guarantee the ability or intent of the Service Provider(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Service Provider.

• In the event, the RMP with whom the appointment has been booked is not available in the Clinic/Hospital/Video Consultation/ TeleMedicine Consultation, the User has to contact the Service Provider to reschedule the current appointment. In case a booking confirmation email gets delayed due to technical reasons or as a result of incorrect email ID provided by the User etc, an appointment would be considered as 'booked'.

• Site Owner shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.

• There is no fee for downloading DoctorQ Site, searching hospitals or specializations by a User/patient.

• If the patient has availed the facility of booking an appointment through DoctorQ Mobile or Web Application, an amount specified in the Annexure will be charged from the patient towards 'Convenience Fee' for using the service provided by the Site.

• The convenience fee is Non-Refundable at any case except for incomplete transactions.

  • The convenience fee is Non-Refundable even if the patient cancels his/her appointment since they have availed the service rendered by the Site as a convenience.
  • The convenience fee is Non-Refundable even if the hospital cancels a confirmed appointment with a patient due to all such cancellation reasons from the side of the hospital since the patient has availed the service rendered by the Site as a convenience.
  • The convenience fee will be credited back to the account of the customer in case of an incomplete transaction due to technical errors.

• Refund of consultation fee paid through DoctorQ Site (if applicable) will be as per the sole discretion and rules of the respective RMP/Service Provider/Hospital policies and Site will process refund of consultation fee according to the RMP/Service Provider/Hospital ('s) policy.

  Cancellation and refund for appointment booking is not possible for confirmed appointments in the following hospitals through DoctorQ Site :

  • Aster Medcity, Cheranelloor, Kochi
  • Sunrise Hospital, Kakkanad, Kochi

  No refund of consultation fee for cancellation from the patient side at the following hospital for appointment bookings made through DoctorQ Site

  • Lourdes Hospital, Pachalam, Kochi

• Refund of convenience fee (based on policy 28 c) and consultation fee as per the respective RMP/Service Provider/Hospital policies (based on policy 29) that comes within the minimum possible cancellation time will be processed to the patients account.

• Any complaints related to refund should be reported to the Site Owner support team at support@mail.healthrecovery.in within two (2) days of appointment date with the doctor.

• Without prejudice to the generality of the above, Site Owner will not be liable for:

  • any wrong medication or treatment quality being given by the Service Provider(s), or any medical negligence on part of the Service Provider(s);
  • any type of inconvenience suffered by the User due to a failure on the part of the Service Provider to provide agreed services or to make himself/herself available at the appointed time, no show by the Service Provider, inappropriate treatment, or similar difficulties;
  • any misconduct or inappropriate behaviour by the Service Provider or the Service Provider’s staff;
  • cancellation or rescheduling of booked appointment or any variance in the fees charged;
  • any medical eventualities that might occur subsequent to using the services of a Service Provider, whom the User has selected on the basis of the information available on the Site or with whom the User has booked an appointment through the Site.
  • The RMP who register himself on this Platform acknowledge that he has gone through and understood the Telemedicine Practice Guidelines (file https://www.mohfw.gov.in/pdf/Telemedicine.pdf ) released by The Ministry of Health and Family Welfare along with NITI Aayog released on 25th March 2020 or (file https://www.ayush.gov.in/docs/CCIM_Telemedicine_Guidelines.pdf) released by The Ministry of AYUSH released on 7th April 2020 as the case may be , to allow registered medical practitioners for providing telemedicine consultation enabling RMP to provide Healthcare using telemedicine. The RMP using this platform undertakes to abide by the guidelines as prescribed by the Ministry of Health and Family Welfare / Ministry of AYUSH and shall keep himself/herself updated about any further guidelines.

• Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Site (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship between Site Owner and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you. A video or telemedicine consult can never be compared to a normal in-hospital consult where the doctor is able to physically examine the patient. You are advised to visit the RMP for consults whenever you are in a position for the same.

• It is hereby expressly clarified that, the Information that you obtain or receive from Site Owner and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Site. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

• The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.

• The contents listed on the Site are (i) User generated content, or (ii) belong to Site Owner. The information that is collected by Site Owner directly or indirectly from the Users and the Service Providers shall belong to Site Owner. Copying of the copyrighted content published by Site Owner on the Site for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Site Owner reserves its rights under applicable law accordingly.

• Site Owner authorizes the User to view and access the content available on or from the Site solely for booking, receiving, delivering and communicating only as per this Agreement. The contents of the Site, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Site (collectively, "Site Owner Content"), are the property of Site Owner and are protected under copyright, trademark and other laws. User shall not modify the Site Owner Content or reproduce, display, publicly perform, distribute, or otherwise use the Site Owner Content in any way for any public or commercial purpose or for personal gain.

• Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

• By using this Site, you agree that any information shared by you with Site Owner or with any Service Provider will be subject to our Privacy Policy.

• You are solely responsible for the content that you choose to submit for publication on the Site , including any feedback, ratings, or reviews (“Critical Content”) relating to Service Providers or other healthcare professionals. The role of Site Owner in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Site Owner disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Site Owner shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

• Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”) and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal or Information) Rules, 2011 (“SPI Rules”). Site Owner, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Site Owner may contact you through telephone, email, SMS, Video, Whatsapp or any other electronic means of communication for the purpose of:

  • Obtaining feedback in relation to Site or Site Owner’s services; and/or
  • Obtaining feedback in relation to any Service Providers listed on the Website; and/or
  • Resolving any complaints, information, or queries by Service Providers regarding your Critical Content;

  and you agree to provide your fullest cooperation further to such communication by the Site Owner.

• In case of fixing appointments, it will be the responsibility of the User to ensure that the correct mobile number is furnished to Site Owner. If the User provides a wrong mobile number and the Appointment is issued to such wrong number, the User will have to bear such loss as such appointment cannot be re-called or cancelled.

• The User agrees and understands that Site Owner only provide an interface for fixing of an appointment with the Service Provider and would be charging a convenience fee for fixing the appointment. The User agrees and understands that they would be required to pay any charges that may be charged by the Service Provider for the services provided to the User.

• The User shall take all necessary precautions and enquire the consultation charges with the Service Provider before availing any services.

• The User acknowledges that the Service Provider is the provider of the healthcare services and is solely responsible for honouring the Appointments fixed by the User.

• The User has to independently verify the bona fides of any particular Service Provider that the User chooses to fix an appointment through the Site and use the User’s best judgment in such matters.

• Before fixing the appointment, the User is advised to carefully check the details, the credentials and terms and conditions applicable to the Service Provider.

• Unless otherwise stated, in the event the User misses an appointment the loss will have to be borne by the User and neither Site Owner nor the Service Provider shall have any liability to either fix a fresh or compensate the appointment to the User.

• Unless otherwise stated, in the event the User misses an appointment the loss will have to be borne by the User and neither Site Owner nor the Service Provider shall have any liability to either fix a fresh or refund the consultation fee or compensate the appointment to the User.

• The User agrees that the Site only provides a means to enable the Users to book Appointments / Consult either through video or telephone with Service Providers listed on the Site. The User agrees that the Site is only a facilitator or an intermediary between the Service Provider and the User and that Site Owner shall not be liable for any disputes between the Service Providers and Users or between the Users. All commercial / contractual terms are offered by and agreed to between the Users and Service Providers directly. The commercial / contractual terms include without limitation, consultation fees, investigations, medications etc, over which the Service Provider has complete control and the same may be subject to change.

• Notwithstanding anything contained herein Site Owner shall in no way be responsible for any quality of Service Provider, or cost, losses, expenses and/or taxes incurred by Users in respect of the services provided by the Service Provider. In no event shall Site Owner, its directors, officials, representatives and employees be liable for any damages relating to the healthcare services provided during the Appointments fixed through the Site.

• The Site Owner is not responsible for unsatisfactory or delayed service by the Service Provider.

• The Service Provider shall be solely responsible for any losses, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of the User by virtue of any Appointments fixed through the Site.

• Online Payment
  In order to facilitate payments of convenience fee and / or consultation fee by Users through the Site, Site Owner, offers an online payment gateway facility that will enable the User to make payments in respect thereof to Site Owner using a credit/debit card or net banking account, subject to the User’s complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the payment gateway service providers.

• Credit Card Information
  In a credit card transaction, the User must use the User’s own credit/debit card. The User undertakes to ensure that the credit/debit card details provided by the User for making payments for Appointments/Consultation fixed through the Site, through the on-line payment gateway mechanism will be correct, current and complete and the User shall not use any credit card/ debit card or any bank account except that of the User. The aforesaid information provided by the User will not be shared by Site Owner with any third party unless required by law, regulation or court order or for facilitating and completing the purchases made by the User. Site Owner shall not be responsible for any loss or damage of any kind, resulting from misuse by any third party of the User’s User ID/password/credit card/ debit card, bank account and/or Account details in any way.

• Modification of the Site Content
  Site Owner reserves the right to suspend, cancel, discontinue or make modifications and alterations in any or other content displayed on the Site at any time without notice.

• The User shall be solely responsible for going through and understanding all the terms and conditions shown/displayed on the Website relating to the purchase of the Products/Services by the User through the Website. Site Owner shall not be liable for any damage, loss or harm caused to the User, due to a lack of proper understanding of the above mentioned terms & conditions by the User.

• Liabilities, Responsibilities and Obligations of User

  • The User will be responsible for all activities occurring under the User’s name and account and for keeping the User’s password secure and for maintaining its confidentiality. The User undertakes to immediately notify Site Owner of any unauthorized use of the User’s account or any other breach of security known to the User.
  • The User is solely responsible for the content of the User’s transmissions on or through the Site.
  • The User has to be in compliance with the applicable laws and regulations, these terms, and the privacy policy of the Site, failing which the Site Owner shall be entitled to terminate the User’s account/block the User’s access to the Site and remove any non-compliant Content uploaded by the User.
  • The User shall not:-
    • post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horses, time bombs, bots, botnets, malicious Content, Content theft, data manipulation, threats or any other harmful programs or elements or component;
    • use the Site in any manner that could damage, disable, overburden, or impair the Site or take any action which is harmful or potentially harmful to any server of Site Owner, or any networks, computer systems / resource connected to any Site Owner server, or interfere with any other party's use and enjoyment of the Site;
    • use the Site for illegal purposes;
    • collect or attempt to collect personally information of any person or entity without their express written consent;
    • engage in antisocial, disruptive, or destructive acts, including flaming, spamming, flooding and trolling, as those terms are commonly understood and used on the Internet.
    • delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that the User does not own or have express permission to modify.
    • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
    • engage in any activity that causes / may harm minors; or perform any activity which is likely to cause such harm;
    • make any inappropriate, illegal or otherwise prohibited communication to any newsgroup, mailing list, chat facility, or other internet forum
    • take any action which encourages or consists of any threat of harm of any kind to any person or property
    • transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.
    • carry out any denial of service or any other harmful attacks on application or internet service or;
    • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access of the Site.
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
    • post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, duplicative messages or any other form of solicitation;
    • falsely state or otherwise misrepresent the User’s connection or affiliation with a person or entity.
    • Engage in any prohibited activities.
    • Host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
      • Belongs to another person and to which the User does not have any right to;
      • Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      • Is harmful to minors in any way;
      • infringes any patent, trademark, copyright or other proprietary rights;
      • violates any law for the time being in force;
      • deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;
      • Impersonates another person;
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
      • 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 cognizable offence or prevents investigation of any offence or is insulting any other nation;
      • Allow others to use the User’s Account, as the User’s right to use the Site is personal to the User;
      • Make any commercial use of the Site without the express written consent of the Site Owner;
      • Violate any applicable local, state, national and international laws and regulations in use of the Site;

• Policy relating to Posts & Comments on the Site

  • The Site Owner makes no representations as to the accuracy or completeness of any comments on the Site or any other site found by following any link on the Site.
  • Site Owner reserves the right to block or delete any comments submitted by the User without notice if:
  • The comments are deemed to be spam or questionable spam.
  • The comments are harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
  • The Site Owner accepts no responsibility for the comments made on the posts and any harm resulting thereof.
  • Site Owner shall not be liable for (a) any errors or omissions in the comments or (b) for the availability of these comments.

• Disclaimers

  Interaction with RMP on the Website:

  • You understand and agree that any interactions and associated issues with the RMP(s) on the Website, is strictly between You and the RMP(s). You shall not hold Site responsible for any such interactions and associated issues. Site is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the RMP You interact with. If You decide to engage with a RMP to provide medical services to You, You do so at Your own risk.
  • The results of any search You perform on the Website for RMPs, or provision of access to any RMP on the basis of Your specific request, should not be construed as endorsement by Site of any such particular RMP. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the RMP. The search results are based on an object computer algorithm. Site shall not be responsible for any breach of service or service deficiency by any RMP.
  • We can neither assure that all transactions on the Website will be completed nor do We guarantee the ability or intent of RMP to fulfill their obligations in any transaction. We advise You to perform Your own investigation prior to selecting a RMP.

  General

  • Site disclaims any representation and / or warranty for the security, reliability, quality, timeliness and performance of (i) the Site and its features; (ii) RMP who responds to question of a User or who interact with a User through the Site; (iii) any information, content or advice available on or received through the Site; (iv) access to or alteration of User or RMP content; (v) transmission or data and (vi) any other matter relating to the Site and / or Services.
  • All content displayed on the Site is for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Site Owner does not warrant that descriptions or other content or prices related to the Service Providers or other information and content contained on the Site are accurate, complete, reliable, current, or error-free.
  • Site makes no warranty or representation that any errors in the Site will be corrected except as required by Law.
  • Site assumes no responsibility and / or liability with respect to any User content or RMP content (as applicable) which you may post on the website and you are solely responsible for such User content posted on the Site.
  • You agree that the open and real-time nature of the Site make it impossible for Site to vouch for the validity, authenticity and honesty of User content or RMP content. Site is not responsible for any User content or RMP content on the Site or for the consequences of you reading or relying on such content.
  • The Site is provided on a “As Is” and “As Available” basis. Neither Site nor any Service Providers are liable for any technical or other operational difficulties or problems which may result in loss of your data, personalization settings or other interruptions in the features offered on the Site. Neither Site nor any third Party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any User content or RMP content, Site content or your personalization settings.
  • Site does not provide any guarantee and shall not be held liable or responsible for the failure to send SMS or other notifications or reminders to you as a feature of the website.
  • Notwithstanding anything to the contrary, Site Owner’s entire liability to the User shall be the refund of the money charged from the User for any specific Appointment, under which any liability may arise. Under no circumstances shall Site Owner be liable for any indirect, incidental, special, punitive or consequential damages, any loss of profits/revenue/goodwill or any indirect or remote loss that the User or anyone claiming through the User may suffer.

• Indemnity by User/RMP
  The User/RMP shall be liable to indemnify, defend and hold harmless Site Owner and Site Owner's subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any party /third party or penalty imposed due to or arising from (i)Your use of the Website (ii) Your breach of these Terms & conditions and (iii) any negligent or intentional wrongdoing on Your part.

• Right of Site Owner for Termination/Suspension
  Site Owner reserves its right to refuse service, restrict, suspend, terminate the User’s Account; terminate this agreement; terminate or suspend the User’s access to the Site; move, or remove any content, details that is available on the Site; deactivate or delete the User’s Account and all related information and files in the User’s Account; establish general practices and limits concerning use of this Site at any time, in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, the User’s right to use the Site will immediately cease, the data stored by the User in the User’s Account shall cease to be available to the User and Site Owner shall not be obliged to provide the User the same for any reason whatsoever.

• Legal Relationship between Site Owner & Service Provider
  None of the provisions of this agreement, terms and conditions, notices or the right to use the Site by the User contained herein or any other section or pages of the Site and/or the linked sites, shall be deemed to constitute a partnership between the Service Provider and Site Owner and no party shall be deemed to be the agent of the other in any way.

• Communication with Users
  Site Owner reserves the right to communicate with Users of the Site; The User hereby agrees to receive messages from Site Owner from time to time including but not limited to any changes or in relation to the Appointments fixed by the User irrespective of the User’s registration for Do Not Disturb/Call under TRAI regulations.

• Force Majeure
  Site Owner shall have no liability to the User for any interruption or delay, to access the Site irrespective of the cause. Site Owner shall also not be liable for any failure or delay in fixing appointments which is due to any element of nature or Act of God, fire, flood, earthquake, war, explosion, acts of terrorism, governmental action, riots, insurrection, epidemic, quarantine directions issued by the government, breakdown of internet connection, power failure, strikes or labour disputes

• Governing Law and Jurisdiction
  These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to any conflict of laws principles. Any disputes arising out of or in respect of these Terms of Use shall be subject to the sole jurisdiction of the courts in the town of Kottayam, Kerala, India, to the exclusion of all other courts that may otherwise have had such jurisdiction.

• Grievance Officer

  • The Grievance office shall be available between 10 am till 6 pm Indian Standard Time from Monday to Friday excluding Saturday, Sunday and public holidays in India. The Grievance officer is appointed as per Rule 3 (11) of The Information Technology (Intermediaries Guidelines) Rules, 2011. Any and all complaints to the Grievance Officer shall be in writing
  • The Grievance Officer shall handle complaints in relation to the following violation by the User of computer resource as the User is not entitled to host, display, upload, modify, publish, transmit, update or share any information on the Website/App that -
  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harms minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

• The User shall be required to provide the following information in the complaint :
  A physical or electronic signature of the Copyright owner or a person authorized to act on behalf of the copyright owner for the purposes of the complaint, ( in which case a scanned copy of the Power of Attorney in favour of the authorized person is to be attached), identification of the copyrighted work claimed to have been infringed, identification of the material on the Site that is claimed to be infringing, the address, telephone number and e-mail address of the complaining party, a statement that the complaining party has confirmed with the Copyright owner that use of the material in the manner complained of is not authorized by the copyright owner or the law, and a statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

• All notices shall be sent in English language only.

• The User can unsubscribe/opt-out from Site Owner communications sent on SMS and Email anytime.

• Customer Care / Customer Service
  In the event you come across any concerns in our service, then please be free to contact us:
  

  Email ID : support@mail.healthrecovery.in
  Contact No : +91 - 73860 456 73
  Address : Eshagna Service India Pvt Ltd,
  Nandyal,
  Andhra Pradesh - 518501, India
  

Annexure

Convenience fee ; Rs.10/- per appointment.
Video and Telephonic consultation Fee : As displayed in website from time to time.