By accepting to avail any of the Telemedicine Services (“Services”) of the Company, you agree to abide by the General Terms and Conditions defined by the Company (https://www.cloudninecare.com/termsconditions/) and it is termed as your consent to proceed with telemedicine consultation with the Registered Medical Practitioner under the prevailing law. Further you expressly agree that you will not use Services of the Company if you do not understand or accept these Terms and Conditions including the General Terms and Conditions of the Company;
You agree that Company can record, save and store all tele-consultations/ instant messaging chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences with you for record purposes and produce these as evidence if required before or directed by a court of law;
The Registered Medical Practitioner shall take appropriate decision based on the information you provide before or at the time of availing the Telemedicine Services and you hereby accept and agree that Registered Medical Practitioner may choose not to proceed with Telemedicine Service at any point in time and suggest you to consult in-person. Similarly you may choose to not to proceed with Telemedicine Service at any time after initiating the consultation with concerned Registered Medical Practitioner;
You shall hereby accept and acknowledge that your interactions with Registered Medical Practitioner during Telemedicine through an Audio, Video and Text medium has limitations in terms of effective transmission of the contents, which will have a direct impact on the treatment to be prescribed by the Registered Medical Practitioner. The underlying limitations contemplated herein above are as follows;
In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the health care practitioner (i.e., poor resolution images, etc.);
There may be delays in evaluation or treatment could occur due to failure of the electronic equipment;
In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
Telemedicine service is purely dependent on availability of internet and network connectivity, hence the Telemedicine service is not guaranteed always
Before using Telemedicine, you agree that you are aware and understand that;
Telemedicine is not intended to replace in-person consultation with Registered Medical Practitioner.
Medical services rendered by Registered Medical Practitioner under Telemedicine Services are subject to solely professional judgment.
Use of Company’s virtual health service is not for emergencies. You will not use Company’s Telemedicine for medical emergencies except when no other alternative is available. Company hereby clarifies that its Telemedicine is not intended to support medical emergency cases.
The Registered Medical Practitioner shall use his/ her best judgment to prescribe medicines and such medicines may be made available to you by Company upon specific consent from you and upon receipt of payment of charges towards such medicines. No medicine abuse of which could harm you and/ or society at large shall be prescribed including Schedule X drugs (i.e. psychotropic and other mind altering drugs).
You agree and acknowledge that the Prescription will be sent to you through a Company electronic platform and Company shall not be held liable for any issues arising out of such prescription;
The Registered Medical Practitioner at his/ her professional judgment ask you for certain diagnostic tests. For such diagnostic services you shall require to pay separately at the time of availing the particular diagnostic services. It is pertinent to note that the MRP of the test under different profiles may differ from laboratories to laboratories, and accordingly, the savings on each profile may differ depending on the MRP of each profile. Company shall have the right to revise the prices of the profiles set out in the Membership without giving any prior notice for the same;
The Registered Medical Practitioners are independent entities/ professionals in private practice and are not agents of the Company and/or its parents, subsidiaries or affiliates. The Company does not promote or suggest any particular Registered Medical Practitioner. Further, the Company does not make any representations or warranties with respect to Registered Medical Practitioners or the quality of the healthcare services they may provide;
You hereby accept and acknowledge that the Telemedicine service is between the Registered Medical Practitioner and you and the Company has no role to play in it. In an event of any wrongdoing or any mishap or any negligence then the Company will not be held liable for any loss or damage if any.
By using any of the Services of the Company, you hereby unconditionally give your consent, subject to the provisions of applicable law, for Company or its representatives to contact you by telephone, SMS or any other mode in relation to the Services as well as for promotion of its services and products; irrespective of the fact that your mobile number may be registered with DND/DNC registry. It is your responsibility to ensure that the contact details provided by you is correct;
Any advice provided by any Registered Medical Practitioner shall depend solely on the completeness and accuracy of the information provided by you. The Company shall not be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any coupon issued to you or any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any Registered Medical Practitioner or virtual health service to you;
You hereby indemnify, defend, and hold Company, Company’s distributors, agents, service providers, partners, representatives and other Members, and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) your use of the Services (ii) your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing or omission on your part;
Company reserves the right to terminate the Telemedicine services at any time without any notice;
In the event of any dispute arising between the parties with respect to the services mentioned herein above, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Bangalore and the decision of the Arbitrator shall be final and binding on both parties herein.