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 www.redheal.com/company/privacy (“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.s

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.

3.2 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS

i.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.
ii.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.
iii.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.
iv.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:
i.any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
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;
iii.any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
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.

3.3 APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between Redheal and User will be governed by the laws of India. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Redheal. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

3.4 SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

These terms were last updated on January 27, 2017