Redheal User Terms & Conditions

Medoske Techno Solutions Private Limited, is the author and publisher of the internet resource www.Redheal.com and the mobile application ‘Redheal’ (together, “Website”). Redheal owns and operates the services and applications including but not limited to those of the brand names ‘PRO’, ‘CARE’, provided through the Website.

1. NATURE AND APPLICABILITY OF TERMS

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

The Agreement applies to you whether you are -

i. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”);

ii. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”);

iii. Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by Redheal on the Website, which are offered free of charge/chargablem to the Users (“Services”), including the following:m

iv. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website.

v. For other Users: Facility to (i) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Redheal, and (iii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of Redheal, and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while,you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@redheal.com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You should read the Agreement at regular intervals for any kind of updates. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of Redheal.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

vi. the Indian Contract Act, 1872,

vii. the (Indian) Information Technology Act, 2000, and

viii. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Redheal that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners:

3.1 END-USER ACCOUNT AND DATA PRIVACY.

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

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

3.1.3 The Website allows Redheal to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

3.1.4 The Privacy Policy sets out:
 i.The type of information collected from Users, including sensitive personal data or information; 
 ii.The purpose, means and modes of usage of such information;
 iii.How and to whom Redheal will disclose such information; and,Other information mandated by the SPI Rules.

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
 i.the fact that certain information is being collected;
 ii.the purpose for which the information is being collected;
 iii.the intended recipients of the information;
 iv.the nature of collection and retention of the information; 
 v.the various rights available to such Users in respect of such information.

3.1.6 Redheal 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 Redheal or to any other person acting on behalf of Redheal.

3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Redheal of any actual or suspected unauthorized use of the User’s account or password. Although Redheal will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Redheal or such other parties as the case may be, due to any unauthorized use of your account.

3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Redheal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Redheal has the right to discontinue the Services to the User at its sole discretion.

3.1.9Redheal may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.10Against every Practitioner listed in Redheal.com, you may see a ‘call a doctor’ option. When you choose this option, you choose to call the number through a  telephony service provided by Redheal, and the records of such calls are recorded and stored in Redheal’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Redheal for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Redheal should be used only for appointment and booking purposes, and not for consultation on health-related issues. Redheal accepts no liability if the call facility is not used in accordance with the foregoing. Redheal may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Redheal reserves the right to not provide the Services for which such personal information is sought.

3.2 RELEVANCE ALGORITHM

Redheal’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Redheal. Redheal will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Redheal in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1Redheal collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Redheal takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Redheal screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2The Services provided by Redheal 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). Redheal does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Redheal does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Redheal disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Redheal or any User in relation to any User or services provided by such User.

3.3.3The Website may be linked to the website of third parties, affiliates and business partners. Redheal has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Redheal endorses the linked site. User may use the links and these services at User’s own risk.

3.3.4Redheal 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 Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

3.3.5If Redheal determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Redheal reserves the right to immediately suspend your access to the Website or any of your accounts with Redheal and makes such declaration on the website alongside your name/your clinic’s name as determined by Redheal for the protection of its business and in the interests of Users. You shall be liable to indemnify Redheal for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Redheal or its Users.

3.3.6The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a bench marking group that is determined to be relevant by Redheal in the relevant city. Redheal has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Redheal is not liable in any manner for any consequence whatsoever arising out of any use of the information published here.

3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS

3.4.1 Redheal enables Users to connect with Practitioners through two methods: 

 a) Book facility that allows Users book an appointment through the Website/App;

b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

3.4.2 Redheal provide user to book premium or priority appointment with that appointment Practitioners  will give priority to user and will start his/her consultation within 15-20 mins on the booked period of consultation date and time if user not available on time Redheal will not responsible .

3.4.3. While Redheal will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Redheal does not guarantee that a patient will get a confirmed appointment. Further, Redheal has no liability if such appointment is confirmed but later cancelled/rescheduled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.

3.4.4 Redheal provides value added telephonic services which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, Redheal reserves the right to share the contact details of the User with the Practitioners contacted.

3.4.5 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Redheal responsible for any such interactions and associated issues. For avoidance of doubt, Redheal is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website.

3.4.5 If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. Redheal shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.

Without prejudice to the generality of the above, Redheal will not be liable for:

1. i.any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
2. ii.any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
3. iii.any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
4. iv.any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through Redheal
5. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under Redheal Guarantee 

Redheal Guarantee - Terms & Conditions

Redheal Guarantee Terms & Conditions have been introduced to ensure you always get to meet the doctor you’ve booked an appointment with, through Redheal. 
If you are unable to meet your doctor, you stand eligible for an e-gift voucher worth Rs. 100 subject to, at all times, the terms and conditions mentioned herein below (“Guarantee Claim”).

This guarantee will cease to exist with effect from 21th aug, 2019

How to claim the voucher ?

• 1.Call us on +91-8800644744 or write to us at support@redheal.com.
• 2.Provide your appointment ID.
• 3.If your appointment qualifies for a Guarantee Claim, post verification by our team we will send the voucher to your registered email ID.

Terms and Conditions

• 1.Guarantee Claims (subject to Section 5 herein below) are applicable only on appointments made using ‘Book Appointment’ button on Redheal.com or Redheal App.
• 2.Guarantee claim requests will only be accepted within 5 days from the scheduled appointment date.

• 2.1E.g. If the Practitioner, you booked an appointment with, cancels/reschedules or doesn’t turn up on 25 Jan 2017, then claim made till 30 Jan 2017 will be valid.

• 3.Appointment ID must match with the registered mobile number of the User.
• 4.Guarantee claim is valid under following circumstances.

• 4.1You are at the clinic and unable to meet the doctor with whom you booked your appointment (subject to exceptions in section 5)
• 4.2Your appointment has been cancelled within 2 hours of the scheduled appointment time.
• 4.3Your appointment has been rescheduled(postponed) to the next day or later, within 2 hours of your original appointment time.
• 4.4Your appointment has been rescheduled(preponed) to a time that is more than 30 mins prior to your original appointment time, and the rescheduling is done within 2 hours of your original appointment time.

• i.E.g. If your original appointment is on 8 June - 1 p.m, and it is rescheduled (rescheduling is done anytime between 11 am - 1 pm ) to a time prior to 8 June - 12:30 p.m.

• 5.Guarantee claim is NOT valid under following circumstances.

• 5.1Your appointment is cancelled or rescheduled, due to your personal reasons or unavailability.

• i.E.g. If you/your friends/family cancel or reschedule due to any reason.
• ii.E.g. If anyone from practice/the Practitioner, you booked an appointment with, cancels or reschedules on your behalf or as per your request, and not due to Practitioner’s unavailability.

• 5.2Your appointment has been cancelled more than 2 hours prior to your original appointment time.
• 5.3Your appointment has been rescheduled to a later time on the scheduled appointment day.
• 5.4You are required to wait, even after the appointment time slot has started, to be consulted by the Practitioner. Such claims will be valid if wait time is more than 2 hours.
• 5.5You have booked an appointment within last 2 hours 15 mins of the appointment time and you are informed of any cancellation or rescheduling of appointment within 15 mins of the booking time.
• 5.6You have received 2 Guarantee claims in the past 45 days. (45 days counted from day of first appointment for which guarantee claim was paid).
• 5.7You have been provided with guarantee claim for an appointment in a practice for a particular day.

• i.E.g : You have an appointment with Dr. Megha in Test Dental Clinic, JP Nagar at 10:00 a.m, 15 June and you have received a guarantee claim for this, then if there is an appointment for you with Dr. Neha in Test Dental Clinic, JP Nagar at 14:00 p.m , 15 June a guarantee claim for this appointment will not be considered.

• 5.8Your appointment is on a holiday, or national / state-wide shutdown (planned or unplanned) like strikes, bandhs etc. Upcoming holidays in 2019 on which Guarantee Claim is not valid are:

• 5.9You are unable to reach the clinic at your confirmed appointment time
• 5.10In adverse cases beyond the reasonable control of the Practitioner like acts of god, nature - flood, fire, etc., when Business-As-Usual is not possible.

• 6.Only one voucher is valid for any registered mobile number, for a particular doctor in a clinic on a particular day.
• 7.The Guarantee Claim voucher will only be issued in the name of the registered User who booked the appointment.
• 8.The e-gift voucher can neither be transferred to someone else nor can it be redeemed for cash.
• 9.Redheal reserves the right to not offer this guarantee to patients with repeated instances of ‘patient no show’ post booking appointment and suspected fraud patients.
• 10.The above mentioned specific terms relating to Redheal Guarantee are without prejudice to the rest of the Terms and Conditions and the Privacy Policy available on the Redheal website/ Application.
• 11.Redheal reserves the right to make the final decision in the case of a conflict.
• 12.Redheal reserves the right to revoke Redheal Guarantee without any prior notice.
• 13.Redheal Guarantee was launched on 21th Agust 2018.
• 14.All capitalized terms used, and not otherwise expressly defined in this terms and conditions have the meaning given to such terms in the Redheal Terms & Conditions

3.4.6 In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:

1. User’s account will be temporarily disabled from booking further online appointments on Redheal.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via Redheal.com to get an appointment.

2. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Redheal of the incident or marks a particular appointment as P.N.S. using the Redheal support or Redheal Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Redheal shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner.
3. Following instances, solely at the discretion of Redheal, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):

1. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
2. In case User responds to the PNS Communication with below reasons:

1. Forgot the appointment
2. Chose to visit another Practitioner/consulted online;
3. Busy with other work; or such other reasons (which Redheal at its discretion decides to be a valid reason to not show up).

3. Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Redheal, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.

4. Redheal reserves the right to make the final decision in case of a conflict. The total aggregate liability of Redheal with respect to any claims made herein shall be INR 200.

3.4.7 Cancellation and Refund Policy

1. In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@redheal.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
2. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (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 Redheal 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 with locating appropriate medical care from a qualified practitioner.

3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from Redheal, and its employees, contractors, partners, sponsors, advertisers, licenses or otherwise on the Website 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 Website. 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.

3.5.3The 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 a another person’s behalf), please contact an ambulance service or hospital directly.

3.6 Redheal support

3.6.1Definition.

Redheal's support is a feature owned and provided by Redheal that allows Users & Practitioners to communicate, either on unpaid mode or on paid mode, depending on the option chosen by the User. Further, Users may access this feature on Redheal’s platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are, by default, assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner or Users may choose Practitioners of choice through the search options made available on Redheal’s Website. The scope of this feature as detailed herein is collectively referred to as "support".

3.6.2Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

1. In the event the Users intend to consult a specific Practitioner of choice, the same is facilitated through search options as made available on Redheal’s Website. In cases where Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
2. In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by Practitioners be relied as a final and conclusive solution.
3. The Users agree to use the advice from Practitioner on the website pursuant to:

• a) an ongoing treatment with their medical practitioner;
• b) a condition which does not require emergency treatment, physical examination or medical attention;
• c) medical history available as records with them for reference;
• d) a record of physical examination and report thereof with them, generated through their local medical practitioner;
• e) consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

4. The User agrees that by using support, the Practitioners on support will not be conducting physical examination of the Users, hence they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
5. The User understands that support shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
6. During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User for access of the User. However, it is expressly clarified that for Users not located within India and using support, the Practitioner may not issue a prescription, at his sole discretion.
7. Notwithstanding anything contained herein, Redheal in no manner endorses any Practitioner(s) that Users support and is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
8. If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that Redheal may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number which is provided by Practitioner, based on the Practitioner’s settings. However and not with standing anything to the contrary in this Agreement, Redheal does not take responsibility for timeliness of such communications.
9. Consult, is merely a consulting model, any interactions and associated issues with the Practitioner on Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner. The User shall not hold Redheal responsible for any such interactions and associated issues.
10. The User hereby grants consent to Redheal to feature certain of Users queries posted free of cost and respective Practitioners’ responses as posted by the User on Redheal Consult. Users further agree that any such information provided by the User will be subject to Redheal Privacy Policy.
11. There is a follow-up feature that is made available on one of Redheal’s product - Redheal , through which the Practitioner can notify the User of a follow-up facility that is available post their in-person consultation. The Practitioner can define the duration and limit of messages that are available to the User for free. When the User starts the follow-up, a chat window opens up for consultation with the Practitioner for a certain period (set by the Practitioner) without having to make any payment. Upon expiry, an option to pay and restart option is available to the User. This enables the User to pay and initiate a paid consultation with the Practitioner.
12. Any conversations that the Users have had with the Practitioner will be retained in Redheal database as per the applicable laws and subject to confidentiality.
13. User understands and agrees to provide accurate information, and will not use this platform for any acts that are considered to be illegal in nature.
14. If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. Redheal shall not be responsible for any breach of service or service deficiency by any Practitioner.
15. The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
16. The User shall indemnify and hold harmless Redheal 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.
17. If User decides to use the payment gateway to make payments online, it is solely at User's discretion. Should there be any issues with regard to the payment not reaching the respective Practitioner’s account, please reach out to support@redheal.com.

3.6.3 Cancellation and Refund Policy:

1. For cancellation and refund policy, read more.

3.6.4 Express Disclaimers:

1. Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Redheal shall not be held liable.
2. Redheal is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible and owns no liability to either Users or Practitioners for any outcome from the consultation between the User and the Practitioner.
3. Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.

3.6.5 Terms for Practitioners:

1. The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Redheal shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/Redheal application/site; Read more on guidelines here.
2. The Practitioner understands and agrees that, Redheal shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.
3. The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
4. The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
5. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
6. The Practitioner acknowledges that should Redheal find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Redheal shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
7. The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, Redheal will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@redheal.com.
8. It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
9. The Practitioner understands that the certain Consult features (such as follow-up feature) shall be available only if the same has been enabled by the Practitioner and that the maximum number of messages that Practitioner can send and the number of days for which follow-up will be active for, shall be as set by the Practitioner.
10. The Practitioner understands that when a User books a time-slot with the Practitioner for online consultation, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability.
11. The Practitioner understands that Redheal makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold Redheal liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Redheal.
12. It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that Redheal shall not be liable for any errors in the information included in any communication between the Practitioner and User.
13. The Practitioner shall indemnify and hold harmless Redheal 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 the services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
14. Read more on Settlement Policy here.

• 3.7 Redheal HEALTH FEED
• These terms & conditions governing Redheal Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.

• 3.7.1Redheal Health feed is an online content platform available on the Website, wherein Practitioners who have created a Redheal profile can login and post health and wellness related content.
• 3.7.2Practitioners can use Redheal Health feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Redheal’s servers. Redheal will make available to the User a gallery of images licensed by Redheal from a third party stock image provider (“Redheal Gallery”). The User can upload their own images or choose an image from the Redheal Gallery. Redheal does not provide any warranty as to the ownership of the intellectual property in the Redheal Gallery and the User acknowledges that the User will use the images from the Redheal Gallery at their own risk. Redheal shall post such Content to Redheal Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Redheal Health feed does not constitute medical advice and may not be construed as such by any person.
• 3.7.3Practitioners acknowledges that they are the original authors and creators of any Content uploaded by them via Redheal Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Redheal reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve Redheal from and indemnify Redheal against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Redheal Health feed. The Practitioner may not use the images in the Redheal Gallery for any purpose other than those directly related to the creation and uploading of Content to Redheal Health feed. The Practitioner also agrees to absolve Redheal from and indemnify Redheal against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads, copies or otherwise utilizes an image from the Redheal Gallery for his/her personal or commercial gain.
• 3.7.4Practitioner hereby assigns to Redheal, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Redheal Health feed.
• 3.7.5Redheal shall have the right to edit or remove the Content and any comments in such manner as it may deem Redheal Health feed at any time.
• 3.7.6Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Redheal reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Redheal from and indemnify Redheal against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Redheal Health Feed.
• 3.7.7Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
• 3.7.8Practitioner shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognisable offence or prevent investigation of any offence or is insulting to any other nation.
• 3.7.9User may also use Redheal Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).
• 3.7.10User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Redheal.
• 3.7.11User agrees that the Content they access on Redheal Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the User. The User agrees to absolve Redheal from and indemnify Redheal against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Redheal Health feed.
• 3.7.12User acknowledges that all intellectual property rights in the User Comment on Redheal Health feed vests with Redheal. The User agrees not to infringe upon Redheal’s intellectual property by copying or plagiarizing content on Redheal Health feed. Redheal reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of Redheal. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Redheal reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Redheal from and indemnify Redheal against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User Comment.
• 3.7.13User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilia or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Redheal reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Redheal from and indemnify Redheal against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
• 3.7.14User shall ensure that the User Comment is not threatening the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order. Further the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation.

• 3.8 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

• 3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to Redheal. The information that is collected by Redheal directly or indirectly from the End- Users and the Practitioners shall belong to Redheal. Copying of the copyrighted content published by Redheal on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Redheal reserves its rights under applicable law accordingly.
• 3.8.2Redheal authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Redheal Content"), are the property of Redheal and are protected under copyright, trademark and other laws. User shall not modify the Redheal Content or reproduce, display, publicly perform, distribute, or otherwise use the Redheal Content in any way for any public or commercial purpose or for personal gain.
• 3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other bench marking or competitive purposes.

• 3.9 REVIEWS AND FEEDBACK
• By using this Website, you agree that any information shared by you with Redheal or with any Practitioner will be subject to our Privacy Policy.
• You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Redheal in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Redheal 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. Redheal 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 IG Rules and SPI Rules. Redheal, 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 Redheal may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

1. Obtaining feedback in relation to Website or Redheal’s services; and/or
2. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
3. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by Redheal. Redheal’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

3.10 RECORDS

Redheal may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Redheal’. Information available in your Records is of two types:

1. User-created: Information uploaded by you or information generated during your interaction with Redheal ecosystem, eg: appointment, medicine order placed by you.
2. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Redheal ’ or other Services of Redheal software.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

• 3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.
• 3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Redheal does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
• 3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Redheal is not liable for any interruption that may be caused to your access of the Services.
• 3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Redheal, you should refer to your prescription before taking any medicines. Redheal is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Redheal app.
• 3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Redheal is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Redheal.
• 3.10.6Redheal uses industry–level security and encryption to your Health Records. However, Redheal does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Redheal of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@redheal.com.
• 3.10.7If you access your `dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Redheal assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Redheal and its officers against any such claim or liability arising out of unauthorized use of such information.
• 3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
• 3.10.9You may lose your “User created” record, if the data is not synced with the server.
• 3.10.10If the Health Record is un assessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
• 3.10.11Redheal is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
• 3.10.12The Health Records are shared with the phone numbers that are provided by your Practitioner. Redheal is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
• 3.10.13Redheal is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
• 3.10.14Redheal has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
• 3.10.15Redheal will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
• 3.10.16You agree and acknowledge that Redheal may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
• 3.10.17You acknowledge that the Practitioners you are visiting may engage Redheal's software or third party software for the purposes of the functioning of the Practitioner’s business and Redheal's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.
• 3.10.18To the extent that your Records have been shared with Redheal or stored on any of the Redheal products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Redheal pertaining to such previously visited clinics and hospitals who have tie ups with Redheal for the purposes of their business and for Redheal's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Redheal, to the mapping of such Records as may be available in Redheal’s database to your User account.

3.11  Redheal DIAGNOSTICS 

We cater to the needs of patients/Users where they need to get various tests done. These could be for the purpose of conducting regular tests or the specific test that the hospitals/clinics/medical practitioners sometimes recommend. Our logistics partner/laboratory also come to your doorstep, procure the samples and reports shall be provided by us online.

Information shall be collected from you shall include but does not limit to:

1. Your Name,
2. Your date of birth,
3. Your prescription (if applicable),
4. Your test details,
5. Your gender,
6. Name of the doctor who prescribed the tests (if applicable),
7. Your email id,
8. Your address,
9. Your phone number,
10. Your financial information and such other details as may be required from time to time.

Other Terms:

1. You agree to provide the details sought above, for the purposes mentioned herein. We will have access not just to your details but to your reports and health records as well.
2. You understand and agree that your personal information, health records, shall reside with us and shall be used for R&D purposes or shared with third parties, to bring better user experience, by sometimes prompting you to take tests regularly if there is a lifestyle disease/ such other concern highlighted at the time of booking or otherwise.
3. You understand that, Redheal undertakes risk assessment, but this is provided to the best of our knowledge. They are based on reports provided by labs and scientific studies available in public domains (some of which are listed below). This is not meant to be professional advice and you should always consult a physician before making any medical decisions.
4. You understand that, we may sometimes reach out to you or record all your calls with us and/or placed through us to laboratories and/or logistics partner, for investigative purposes.

Home Collection Services:

1. These Phlebotomy Services Terms and Conditions (“PS T&C”) shall be applicable to patients providing samples for testing Redheal Users availing home collection services;
2. The Sample Provider shall provide the valid prescription, if required and applicable, issued by a doctor which contains the tests that are to be conducted, for which the Technician is required to collect the samples from the Sample Provider.
3. The Sample Providers may be required to provide a valid proof of identification to the Technician.
4. In the event the Sample Provider is not a user of the platform operated by Redheal Technologies Private Limited (‘Redheal’) and is providing information and seeking home collection service by not using the Redheal platform, such Sample Provider hereby consents to his/her information being entered on  platform and becoming a Redheal user (‘Redheal User’).
5. The Sample Provider explicitly provides consent to the Technician for collection of the requisite samples from the Sample Provider.
6. The services provided by Technician is for the purpose of enabling diagnostic discovery of patient’s condition for which the relevant test/ procedure is prescribed/ recommended, and for no other purpose.
7. The process of home collection shall be conducted by the Technician as per Standard Operating Procedures and policies.
8. The invoice will be provided to the Sample Provider online by Redheal either before or after the home collection service. Payment towards the said invoice may be made either by electronic mode or cash on delivery (ie at the time of collection of samples).
9. In the event the Sample Provider has any complaints regarding the home service collection, Technician, equipment and the like, the same can be reported to support@redheal.com.
10. In the event the deficiency of service is due to any reason attributable to the Sample Provider and/or his agent/ representative, in such case  Technician shall not be liable to the Sample Provider in any manner whatsoever. The Sample Provider acknowledges that the test or analysis of the sample is carried out by a third party provider whose authorized representative endorses the report; Redheal bears no responsibility for any damage, loss or consequence suffered by the Sample Provider owing to the particulars/results of the report issued by such third party provider.
11. All the information provided by Sample Providers shall be accurate and authentic. It is explicitly clarified that Redheal does not validate any information provided by the Sample Provider. In the event of any non-compliance, non-adherence, breach of any terms herein by the Sample Provider,  Redheal reserves the right to refuse providing services to the Sample Provider.
12. All the information provided by Sample Providers shall be dealt with in accordance with the Redheal Terms and Conditions and Privacy Policy.
13. All general Redheal Terms and Conditions shall govern the PS T&C to the extent applicable. Decision of Redheal is final and binding on the issues arising under the PS T&C and Redheal Terms and Conditions.
14. We reserve the right to modify or terminate any portion of the PS T&C for any reason and at any time. You should read the PS T&C at regular intervals. Your availing of the home collection services and/or use of the Website following any such modification constitutes your agreement to follow and be bound by the PS T&C /Agreement so modified.

Diagnostic Test Booking with referral code

1. Referral code is applicable only on services paid online and home sample test bookings.

Refund Policy/Cancellation:

1. In case there is a no show from the laboratories and/or logistics partner, at your home, then we would indicate the same before hand, should we fail to do so, you could contact us at: support@redheal.com
2. If there are instances where you have made payments online and the laboratories and/or logistics partner, are unable to book appointment/collect samples from you, we would refund your money completely within ten (10) working days.
3. If there is a no show from you either at your home for collection of samples or at the laboratories and/or logistics partners , then we would not reimburse the amount paid to us unless upon further investigation by Redheal there is a genuine reason for such no show, in which case Redheal may at its discretion decide to reimburse such amount.

Reach out to us:

1. Should you intend to request stopping of notifications, you can do so, by sending mail request to support@redheal.com.
2. Should you have any recommendations or such other requests, you could reach out to us at support@redheal.com.