AGREEMENT ON TERMS AND CONDITIONS OF USE, FORMAL LEGAL DISCLAIMER AND INFORMED CONSENT
These terms and conditions of use (“Terms of Use”), stipulated govern your view, access or actions of use of our online interfaces, properties and services (e.g: websites, links, mobile applications, domains, sites, platforms, etc.,) owned and controlled by CureSelect Healthcare (“CureSelect, “we “ or “Us” herein called as the company), and you (individual or your as the context means and includes)
By clicking “Accept” you agree to be legally bound by these terms and conditions of these terms of use. On your acceptance it is clearly meant that you have understood in full the rules that govern the operations of these services, products, etc., and give your “INFORMED CONSENT”. If you do not agree in totally to these terms and conditions you are not authorized to view, these websites. And you are promptly to exit the site.
Please consult our private practices and privacy policy for our description for a service, website and any other online service that our company operates and the links to the terms collectively called the services.
Please review the below carefully before using any of the services or applications and you will have to clearly read and understand the links of the rules that governs the operation of this service products and give informed consent
The link to the board of governors in supersession of the Medical Council of India constitutes the basis of this application service, website products, etc, dictates the telemedicine practices guidelines enabling registered medical practitioners to provide healthcare using telemedicine under what constitutes appendix five of the Indian medical Council professional code etiquette and ethics regulations 2002 as published on 25 March 2020 for more information check IMC guidelines.
Services provider offers a technology platform and infrastructure to collect and enable individuals with participating positions are registered and licensed health care practitioners with respective bodies authorized Ministry of Health and Family Welfare, Government of India, via live streaming of audio video and or telephone and text services like messaging, email, fax etc.
By using the CureSelect the service we characterized as an intermediary, as the Indian Information Technology Act, 2000 and IG rules.
It is only a means in situations when access or availability to a healthcare professional is not there for whatever reason.
The company does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. You are ultimately responsible for choosing your particular healthcare provider.
Any information or advice received from a provider come from the provider and not from the company. Cureselect Healthcare its Licensors & Suppliers shall not be responsible for any breach or deficiency of service.
Your interactions with the provider by the service are not intended to take your relationship with regular health care practitioners.
The company nor any of its licensors or suppliers or third parties do not promote the services of a provider. Company offers a link to the services shall not be liable for any professional advice you receive from time to time from the provider via the service nor for any information offered through our services
You are in knowledge, the reliance on any provider or information provided by services is solely at your personal risk and you assume full responsibility for the same.
CONTEXT
This is not a substitute for a face-to-face interface with the healthcare provider, physician or registered medical practitioner. It is only an alternate and definitely NOT a substitute for seeking opinion, evaluation or consult. It is used in whatsoever situations and reasons where there is no access or availability to healthcare professional is not there for whatever reason.
COMPLEXITY OR EMERGENCIES
Emergency
In emergencies an ambulance must be called to the patients environment immediately and healthcare practitioner assist can be solicited the patient or his relatives through the journey up to handing over to a hospital /nursing home /clinic.
Management Protocol
It is the discretion of the healthcare provider to exercise in their professional judgement whether consultation is appropriate in a given situation or a “in person” consultation is needed in the interest of the patient.
LIMITATIONS
The quality the continuity, instantaneous connect and timeliness can be sacrificed at the altar of limitation of technology and infrastructure like power, Wi-Fi connectivity or internet connectivity at the site of the provider, patient or in between.
Typographical or omissional errors or Communicational vacuum between the provider and the patient can be more when it is not face-to-face
The uncertainty of privacy in spite of the best intentions can theoretically be jeopardized
INDENTIFICATION HEALTH CARE PROVIDER - RMP
The registered medical practitioners must be enrolled in the State Medical Register for the Indian Medical Register under the Indian Council act 1956.
The Ayush practitioners, nurses, physiotherapist, and other health care practitioners must be registered with the respective bodies which are authorized by the Ministry of Health and Family Welfare, Government of India.
The doctor’s medical registration number and his Government approved Photo ID preferably an Aadhaar card affixed in his credential page or face sheet.
The specialty and the degrees of the doctor or the healthcare provider should be mentioned on the registration page.
MODE OF TELEMEDICINE
We provide an audio, video, texts, charts, images, messages, emails, fax etc.
Limited by distance and appropriateness as defined by the technology available with us and the connectivity in the providers and the patient’s ecosystem.
Patient’s identification:
A government authorized photo and age ID of the patient is uploaded on the EMR preferably Aadhaar card. Along with the photo and age ID it should also contain email, phone number and address or and any other identification that may be deemed to appropriate including the id of an emergency contact.
You have certified that you are in a sound state of mind and have understood the contents and you have entered into a contract and agreement with having understood the full contents and messages below.
You acknowledge that your ability to access and use the services is conditioned upon your acceptance and that the provider you access to services or relying upon his credentials in order to interact with you is solely at your discretion.
In the event that your supplications are inaccurate, you agree to indemnify the company in all resulting damages costs or claims.
TO AVAIL CONSULATION BY PATIENT
An explicit consent of the patient is required to the provider before initiating any consultation after having understood the entire protocol on the advantages and disadvantages of the system.
This may be sent in form of an Email, SMS or an audio message by the patient.
PATIENT INFORMATION
The patient’s medical history and examination findings and investigations, past records and current or future records are recorded and stored in the health vault, EMR that’s provided. This is shared with the provider to exercise a proper clinical judgment.
Whatever additional information or requirements could be called for and ordered by the provider like laboratory/ images/ tests to arrive at an appropriate diagnosis and management.
The provider can call for an additional consultant who may be a colleague or a specialist in the field through the platform in consent with the patient to arrive at a more informed diagnosis.
The provider at any stage may differ or reschedule or refuse consult if he feels, he cannot be in a position to offer proper opinion because of the lack of face-to-face examination, prescribing medicines prescription by consultation is at the professional discretion of the provider.
At the same time, it entails professional accountability as in traditional consult.
It’s only after the provider has gathered adequate and relevant information about the patient’s condition can arrive at his clinical judgment to prescribe in the best interest of the patient.
The drugs should be safe medicine with a low potential for abuse and should be in the list as in the national formulary index and, should be in generic name in line with the Indian Medical Council Professional Code and should not contravene the Drugs and Cosmetic Act.
Any medicines listed in the schedule X on the drug and cosmetic act and rules of any narcotic and psychotic substance is limited in the narcotic drugs and psychotropic substances at 1985 cannot be prescribed prohibited list of medicines with a high potential of abuse should not be prescribed to the patient. Users are not to seek or persuade providers to prescribe restricted drugs or Medical Termination of Pregnancy.
The provider shall retain a copy of the prescription that he has given to the patient including the EMR history and record every detail that has gone through the consult.
Maintain digital trail and documentation of the consult including clinical assessment, tests, diagnosis, and management including prescription records as required in a face-to-face consult.
CHARGES FOR TELEMEDICINE CONSULTATION
Telemedicine contract consultation to be treated the same way as in person consultation from perspective RMP may charge an appropriate fee for telemedicine consultation as provided
NRMP should give receipt invoice for the free charge for providing telemedicine-based consultation
MEDICAL ETHICS DATA PRIVACY AND CONFIDENTIALITY
Principles of medical ethics confidentiality and data privacy as mentioned (above) including professional laws as per IMC ACT shall be binding and must be Upheld and practiced at all times.
Additionally for the providers you acknowledge that ability to access a new service condition that all the truthfulness of you being currently registered under the state medical authority and license to practice on date as a registered medical practitioners under the Indian Medical Council Act and what about the presentation of your specialty.
The company on the representation and the documents furnished by you has accepted this on verification from their side and you shall be solely responsible for any false representation. Further you should uphold all information’s are current and accurate.
USE AGE CRITERIA
Only users of age 18 and above have right to access the site. Minor may be represented by a parent or a legal guardian on agreeing on the terms of use.
THE PATIENT AND PROVIDER
None have the right to use or attempt to access or use the services or take any action that could harm us or a third party or interfere with the operation of services or use the services in a manner that violates the law.
Transmit message information about the false affiliation or origin of materials.
On enrolment, not to transmit any message or information that is predatory on minor, harassment, threatening or hateful.
Violation of system or network security may result in criminal or civil liability. Misuse of the above will be prosecuted. The service may be terminated without assigning reasons and without notice.
We protect privacy laws of confidential medical information that telemedicine and its policies of electronic communication as with any technology device assure healthcare information that may be shared with others including primary healthcare providers for treatment payment and healthcare operations psychological and behavioral health assessments are sacrosanct and they are not shared with others. Further understand that the health information to be shared and only in the following circumstances when a valid court order issued for medical records or reported subject suspected abuse neglect or domestic violence preventing or reducing serious threat to anyone’s health or safety.
The User hereby agrees to CureSelect Healthcare providers availing our platform carrying out an audit of his/her consultations on the Consult platform for the purpose of improving treatment quality, user experience, and other related processes. The User acknowledges that the subject matter of audit may include texts, messages, photographs, reports, audio or video recordings or any other materials exchanged between the User and the Practitioner which could inter alia include User’s personal information, including sensitive personal information. This personal information will be processed in accordance with CureSelect Healthcare’s Privacy Policy.
User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.
Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Practitioner, CureSelect Healthcare, its Licensors, and its suppliers reserves the right to block such Users from the Consult platform and CureSelect Healthcare, its Licensors, and its suppliers are not responsible for honoring any refund request towards his/her consultation on the Consult platform.
Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. CureSelect Healthcare, its Licensors, and its suppliers shall not be responsible for any such images or videos shared by the Users with the Practitioners.
Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting / communicating with the Practitioners.
The User shall indemnify and hold harmless CureSelect Healthcare, its Licensors, and its suppliers and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
CureSelect Healthcare, its licensors and its suppliers with the fullest extended permitted by law, disclaim all warranties, either express or implies, statutory or otherwise, make no representations or warranties about the accuracy, reliability, completeness, correctness, or timeliness of the content, software, hardware, links or communications provided on or through the use of our website. In no event CureSelect Healthcare, its licensors or its suppliers or any third parties mentioned on the site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/ wrongful death loss profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use the website or its content whether based on warranty, contract, tort, or any other legal theory.
We may change the terms or modify any feature of the services at any time you accept the terms by using the services and to accept any changes to the terms by country to use the services after we post the services.
By clicking accept, you agree to be bound by the terms and conditions of use.
If you do not agree to these terms and conditions you are not authorized to access or use this website or services rendered online.
Electronic medical record is created for you and most instances by you to enter, store your personal health information online including medical history social history family history current health conditions symptoms complaints allergies and medications and for your provider to record the results of investigations and relevant health symptoms, signs, impressions and inferences during the encounters with you in accordance with his or her obligations under the applicable laws of Indian medical consult with regard to creating and maintaining your record. Any information provided as part of your video or telephone consultation becomes a part of your EMR.
We even facilitate to upload the scan images, lab results and prescriptions and subsequent refills.
All this falls into your electronic medical record.
You have agreed to provide accurate current and complete information about yourself for additional information regarding your EMR kindly see our privacy policy it is your responsibility to confirm any third-party information or information regarding a minor child of whom you are a parent or legal guardian in the family EMR.
MOBILE APPLICATIONS ON IOS/ANDROID
Our mobile App, stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the mobile app won’t work properly or at all.
You should be aware that there are certain things that CureSelect Healthcare will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but CureSelect Healthcare cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, CureSelect Healthcare cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, CureSelect Healthcare cannot accept responsibility.
With respect to CureSelect Healthcare’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Cures
Select Healthcare accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on iOS – the requirements for the system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. CureSelect Healthcare does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
THE COMPANY IS NOT RESPONSIBLE FOR MAINTAINING DATA OR ITS LOSS FROM THE USE OF THE SERVICES FOR REASONS BEYOND ITS CONTROL.
Your EMR is shared only to your physician to use and disclose the information included in your EMR in accordance to the law without limitation obtaining any consent to authorization that may be required for your information to be shared with other healthcare providers.
Electronic Medical Record is maintained with the best interest of your health in mind and portability to be effected in your case as it may be required in an emergency on your reference to another doctor.
Open operational functionality the company reserves the right and complete discretion with respect to the operation of its services and the company may among other things patrol, suspend or discontinue any functionality or feature of the services. We are not responsible for transmission errors or corrections or compromise of information carried over local or interchange telecommunication carriers other than as required by applicable law the company is not responsible for maintaining information arising from use of the site.
LIMITATIONS OF USE
You agree that you will not use the site or services in any unlawful way or for any unlawful purpose.
You may not post or transmit materials that contains the information that is threatening, false, abusive pornographic or promote any virus or other computer programming or code designated design or intent to damage the download interfere interrupt the site on the services.
You may not tamper or modify or otherwise cut off the administration security or proper function of the site or the services. You will not use robots or scripts on the site. You will not attempt to reverse engineered assemble, compile, decompile, disassemble, translate on the device or fraud or create for the search from the exit barcode or information received from the site. You agreed to have antivirus and or anti-display software earning that is set to override the Internet browsers cookie settings.
You further agree that any information they provide or use of the site and your use of site or services will not infringe or facilitate, infringement on any copyright patent trademark secret or other proprietary publicly or privately privacy rights of any parties including a third party.
INTELLECTUAL PROPERTY
With the exception of your EMR the company retains all rights, title and interest in the company, the site, services, any information, product documentation, software or any other matter on the site and any patent, copyright, trade secret, trademark, services or other intellectual property.
DISCLAIMER
Disclaimer Telemedicine does not replace the existing primary care physician relationship.
This cannot ever replace or even substitute the role played by the doctor in this environment that is his clinic Nursing home or hospital. Telemedicine is a technology platform and infrastructure that connects individuals with participating physicians, license therapist and other licensed healthcare practitioners in real time via a light audio video connectivity.
This should be considered only as a means to get opinion or advice in the absence Non-availability of medical help or a second opinion for which you have no means to have access.
The providers may refuse to screen the patient for any reason.
The provider at no point of time replaces your relationship with your existing primary care physician.
The providers who we have agreed to provide patient care to the customers on this service would have signed the terms and conditions.
The providers at any point of time reserve the right to deny care apprehend actual or potential miss use of services.
By accepting the terms of use, you acknowledge that you understand and agree with the following you understand and accept that you may not get the anticipated benefit from the use of telemedicine and no results can be guaranteed or assured.
It is at your sole discretion and judgment that you have determined to use telemedicine services though it may not be appropriate for some or all your treatment needs and accordingly you may select not to use telemedicine services on this platform.
Please consult our private practices and privacy policy for our description for a service, website and any other online service that our company operates and the links to the terms collectively called the services.
Please review the below carefully before using any of the services or applications and you will have to clearly read and understand the links of the rules that governs the operation of this service products and give informed consent
TELEMED PROTOCOL
TELEMEDICINE
Definition immediate real-time audio – video – text evaluation of a patient by a healthcare provider any time anywhere to everyone in situations of lack of access for any reason in establishing a face-to-face interface between them.
Who can provide Tele-Consultation?
Doctor / Registered medical practitioner who is enrolled in the State medical register of the Indian medical register under the Indian medical Council act 1956
The board of governors of medical Council of India, or any other health providers with the permission of their respective governing body nominated by Ministry of Health and government of India after sharing the authorization/ license from the medical Council of India / any such body mandated by the government of India Ministry of health.
The guidelines of the practice will come under the existing provisions of the Indian medical Council act 1956 the Indian medical Council professional contact etiquette and ethics regulations 2002 drugs and cosmetics act 1945 and rules 1945 clinical establishment registration and decoration act 2010 information technology act 2000 and information technology reasonable security practices and procedures and sensitive personal data or information rules 2011 primarily governing the practice of medicine information technology.
Further the gaps and vacuum in the legislation and the uncertainty of rules cannot be taken lightly by health care providers omissionally or Commissionally.
All providers of healthcare chain shall in letter and spirit will adhere and upkeep the values and conduct of this noble profession.
After the crisis is over we expect all doctors registered in the platform to go through courses conducted by the Indian medical Council for the practice of telemedicine so that we can achieve the best possible service.
Document of electronic health records are requested to be complete as possible so the provider history makes the best informed decision.
IDENTIFICATION OF THE PROVIDER AND PATIENT:-
PROVIDER
Medical registration certificate of the state council or Indian Medical Council Aadhaar or government approved photo ID of the doctor.
PATIENT
Patient : Aadhaar or photo ID of the government ( Request only Aadhaar)
Guidelines for telemedicine in India only as an alternate means to seek opinion when it is not accessible or in extreme emergency where a face-to-face interface with the healthcare provider can be established
IDENTIFICATION OF THE REGISTERED MEDICAL PRACTITIONER
The Enrolment with the State medical Council or the Indian medical Council name age address email ID phone number registered ID is mandated
Minors where the patient is unaccompanied by the parent has to be ascertained to be above the age of 16 or in extreme emergency.
The registration number shall be recorded and also shall be on prescriptions, website electronic communication and receipts to the patient.
Other health care providers and Ayush practitioners, permission and authorization and registration with their governing bodies which are approved by the Ministry of health’
MODE OF COMMUNICATION
Audio Video Text: Text includes chat images messages email fax etc Anytime during the consult the practitioner is not able to reach a diagnosis or understand the context is required but the practitioner is allowed to use your discretion and judgments to say to the consultant cannot be carried on, because it might be the note addressed to the best possible judgments.
The explicit consent of the patient must be recorded that the patient agrees to avail the consent via telemedicine. And he fully and clearly understands its use and limitations. Further completely understands the limitations of this type of Tele-evaluation.
In routine cases the first consult should Tele valuation is not the first choice only as alternate. More often as a follow-up consult or opinion or advice or counseling of health including diet and medication and ordering of new investigations for the next consult should. The patient clearly and comprehensively understands the situation exercises his consent. When the patient doesn’t comprehend or not able to furnish correct or adequate should be called in with the consent of the patient and should be explained to the attender thoroughly.
PRESCRIBING MEDICINES
This entails the same professional accountability as in conventional in person consult.
The RMP may prescribe only after the RMP satisfied they have gathered adequate and relevant information about the patient’s condition and the medication S and medication prescription is in the best interest of the patient
The medication should be only that which is provided in the national formulary index released by the Indian medical Council. Drugs that can be misused/ abused should not be prescribed nor can prohibited list be prescribed or advised.
Medicine in the schedule X or drugs and cosmetics act and rules of it or any narcotics and psychotropic substance list listed in the narcotic drugs and psychotropic act 85.
Practitioners should provide e-prescriptions to the Users only via the prescription module. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Practitioner hereby agrees to hold CureSelect Healthcare, its Licensors, and its suppliers, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
COMMERCIAL TERMS
CureSelect Healthcare offer’s online mode of payment. You may use internet banking or debit/credit card for making payment for consultation charges. You shall be directed to our trusted payment gateway partners once you proceed to make payment of Service Fees
CureSelect Healthcare, its Licensors, and its suppliers shall not be liable in any manner whatsoever, if incorrect or inaccurate credit / debit card details are provided by you for making the payment of consultation Fees or you use a credit/ debit card which is not lawfully owned by you or if you permit a third party to use your password or other means to access your account.
CureSelect Healthcare, its Licensors, and its suppliers shall keep the aforesaid information confidential at all times and shall not utilize and share the same with any of the third parties unless is an authorized third party website and / or required by law regulation or court order.
Refunds may be made in case a request is raised by the user by clicking the cancel button in the user dashboard in CureSelect Healthcare website within the stipulated deadline mentioned in the refund & cancellation table above.
Refunds will only be made against genuine and trackable cancellation requests generated by you by clicking on the cancellation button provided in CureSelect Healthcare user dashboard in your CureSelect Healthcare account. Refund request against delays, nature of advice obtained, efficacy of treatment, health outcomes of consultation will not be entertained.
Refunds may be processed within 15 working days from the receipt of a request from you. All communications with regards to refund should be sent to info@ Cureselecthealth.com
You have the option to reschedule or cancel a booked Specialist or Family physician appointment, strictly within the stipulated deadlines as mentioned in the refunds and cancellations policy.
CureSelect Healthcare, its Licensors, and its supplier’s standard terms for settlement of payments to Practitioners shall apply.
All payment to Practitioner shall be subject to applicable to tax deductions / with holdings.
CureSelect Healthcare, its Licensors, and its suppliers reserve the right to modify / implement a new pricing structure at any time prior to billing you for your initial payment or for future payments.
Changes to this Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2021-09-16
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at help@cureselecthealth.com
TERMINATION
CureSelect Healthcare, its Licensors, and its suppliers reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:
Practitioner breaches any terms and conditions of the Agreement or contravenes applicable laws, and/or A third-party reports violation of any of its right as a result of Consult.
THE ABOVE TERMS AND CONDITIONS CAN BE ALTERED OR CHANGED TOTALLY ANY TIME WITHOUT NOTICE.