Effective Date: August 28, 2019
Last Revision: January 4, 2020
This Agreement ("Agreement") and the policies referred to herein contain the terms and conditions that apply to your use of the Internet Web Site and services located at https://www.secondmedic.com ("Web Site") and all affiliated web sites owned, operated, licensed or controlled by Secondopine Solutions Pvt. Limited ("Company").
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE WEB SITE AND SERVICES MADE AVAILABLE THROUGH THE WEB SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEB SITE INCLUDING ANY MEDICAL SECOND OPINION THAT YOU MAY HAVE RECEIVED ON THE WEB SITE IN ANY WAY.
Your access or use of the Web Site creates a binding and enforceable legal agreement between you, the Web Site user, and Company and signifies your understanding, acceptance and consent to be bound by the terms and conditions contained in this Agreement.
BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU AGREE THAT YOU ACCEPT THIS AGREEMENT.
NOTE: SecondMedic.com is not intended to be accessed or used for a medical emergency. If this is an emergency, please call the local emergency number for medical assistance immediately.
ABOUT THE WEB SITE
ABOUT RECEIVING MEDICAL SECOND OPINION THROUGH SECONDMEDIC.COM
The Services are being made available to you on the following assumptions:
- That the patient for whom medical second opinion is being sought is an Indian citizen who is alive and is presently residing in India;
- That the patient is already under the care of a local qualified and specialized medical practitioner (“Treating Physician”).
- That the patient seeks a second opinion on the medical response (diagnosis, prognosis, treatment etc) that has been offered to him / her strictly in good faith and that such opinion shall not be used against any person in any manner.
- That the patient is willing and is in a position to visit the qualified medical practitioner (“Specialist”) to seek medical consultation, but owing to be distance and cost involved, the patient would first like to understand what kind of medical response would be offered to the patient by the Specialist. This is the sole premise of the patient to use the Web Site and of the Specialist to offer his/her medical second opinion to the patient.
- That the medical second opinion provided on the Web Site is based on the information that you make available to Specialist and is subject to be improved upon or modified in the event of an in-person examination and/or further tests carried out by such Specialist or any other qualified medical practitioner.
- That you are aware that the Specialist with whom you interact on the Web Site is qualified and licensed to provide medical second opinion in the geographical area where the medical practitioner resides, that he may or may not be located in India, and that if there was ever a question on the precise location where the medical second opinion was provided, it would always be the area where the medical practitioner resides and not the area where you reside or have business.
- That the medical second opinion is intended as a guide for the Treating Physician and that you (or if you are not the patient, the patient) will not draw any conclusion or inference from the medical second opinion received on the Web Site.
- That by providing the medical opinion, neither the Company nor the concerned Specialist agrees to assume charge of your care”
- That, under no circumstances, a prescription for medicines shall be issued to you.
If you or the patient you are representing do not/does not agree with any of the above statements either wholly or partly, you must not use the Services or access the Web Site.
LIMITATIONS OF MEDICAL CONSULTATION ON THE WEB SITE
Since the Company provides medical second opinion services over the internet, there are certain inherent limitations to the Services on offer. These limitations include, but may not be restricted to:
- In some cases, the Specialist may feel that the information provided is too inadequate to provide a good quality second opinion and may ask for further information to be made available.
- Occasional delays are possible due to the complexity of the case or technical issues.
- Despite all precautions to ensure cyber security, an occasional breach of confidentiality of data is possible.
- In rare cases, a lack of access to complete medical records may result in adverse drug interactions, allergic reactions or other judgment errors.
DISCLOSURE OF MEDICAL INFORMATION
The Company takes seriously the privacy of your medical records, health information and personal information. Accordingly, we have taken all reasonable precautions necessary to protect your privacy in accordance with all applicable laws.
By using and/or registering on the Website, you authorize the Company and their respective medical practitioners, employees, contractors, business associates and/or agents to access, review, research, analyze, discuss and copy your medical and personal information as may be necessary to provide the medical second opinion you request. The use of information that identifies you will not exceed this stated purpose, unless and until you authorize and direct such additional disclosure(s).
NO DOCTOR PATIENT RELATIONSHIP
You acknowledge and agree that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Web Site (including Information provided in direct response to your questions or requests) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional - patient relationship since the opinion is provided to assist you and/or your Treating Physician in making the right choices in terms of medical care.
RELIANCE ON SECONDMEDIC.COM -
You acknowledge and agree that any Information, including a medical second opinion, received on the Web Site as a part of the Service does not constitute final diagnosis, medical advice, treatment, medical care. Furthermore, you understand and agree that your treating physician(s) will remain at all times solely responsible for your diagnosis, care, treatment and evaluation of the second opinion received. You must share the medical second opinion with your Treating Physician and allow him / her to process it and take appropriate medical course of action. Your primary professional relationship remains with your Treating Physician.
PAYMENT OF FEES
You acknowledge that you or any authorized individual acting on your behalf and who is requesting a medical second opinion is responsible for all fees charged by the Company for the Services. You understand that you (or any one else authorized by you) must pay these fees in advance, and that it is your responsibility to pursue any third-party insurance reimbursement at your own expense, if any.
The Company believes in the quality of its Services and incurs substantial costs to make the Services available to you. Therefore, the Company does not offer part or full refund against its Services under any circumstance.
If you are not satisfied with the medical second opinion provided to you, you may write about your grievance along with detailed reasons for your non-satisfaction to [email protected] We assure you that your grievance will be processed objectively and, where appropriate, a revised medical second opinion will be issued to you.
RELEASE OF LIABILITY
You further release and hold harmless the Company and its/their respective physicians, employees, contractors, business associates and/or agents for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as result of any and all uses of the Services hereunder and any review, interpretation or analysis or and/or reliance on any and all Information, including medical second opinion .
RESTRICTIONS ON USE
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of Company or Company's Web Site(s) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Company. No material from Company's Web Site(s) or any other Company web site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except with express written consent of Company.
The Company hereby grants you a limited license to access and make personal use of www.secondmedic.com and not to download or modify it, or any portion of it. This license does not include any resale or commercial use of www.secondmedic.com or its contents; any collection and use of any advertisements, descriptions or prices; any derivative use of www.secondmedic.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar automated data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Company or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
To the extent that Company’s site contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
In addition to any and all remedies at law or in equity, any intentional violation of this Agreement shall give Company the right to immediately suspend or cancel its services to, and business relationship with, you without notice.
CHANGES TO POLICIES AND PROCEDURES
The Company may, at its sole discretion, and with or without notice, change, alter, modify or delete any of its policies, procedures, website content, fees and/or notices. You hereby agree that the Company shall not incur any liability from you in case it exercises its rights under this clause.
ARTICLES AND EDITORIAL CONTENT
We make the Web Site available as a service to consumers and health care professionals for the purposes of providing an informative and educational resource. We may, but have no obligation to, have nonuser-posted information reviewed by the Site's editorial personnel.
It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information.
You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.
PROCEDURES / PRODUCTS / SERVICES
The procedures, products, services and devices discussed and/or advertised within the Web Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Web Site by advertisers, sponsors, and other Web Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share them with anyone else. The Company shall not be liable for unauthorized activity emanating through your account.
Even though some of the Services may be provided free of charge, the prescribed charges for any medical second opinion services rendered by collaborating Specialists profiled on the Web Site will apply if you use medical second opinion services and its payment will be entirely your responsibility.
You are responsible for all use of the Web Site and for all use of your Credentials, including use by others authorized by you. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Web Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Web Site and/or the Services;
- access, retrieve or index any portion of the Web Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
- reformat or frame any portion of the web pages that are part of the Web Site and/or the Services;
- fraudulently misuse the Services by scheduling an appointment with a Specialist which you have no intention of keeping;
- create user accounts by automated means or under false or fraudulent pretenses; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
CHANGES TO THIS AGREEMENT
We may change the terms of this Agreement at any time, as we reasonably deem appropriate. Upon any change, we will post the amended agreement on the Web Site with notice of the changes. Your continued use of the Web Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Agreement, the modification and agreement to abide and be bound by the Agreement, as amended. If at any time you choose not to accept this Agreement, including following receipt of notification of any modifications hereto, then please do not use the Web Site.
CHANGES TO THE SERVICES
We may from time to time add a new service to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Web Site, and the users of new services will be governed by this Agreement. You agree that the Company will not be liable to you or any third party for Any suspension or discontinuation of any of the Services.
LINKS TO OTHER SITES
The Web Site may include links to other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse these sites or the products and services they provide. You acknowledge and agree that the Company shall not be responsible or liable for the content or accuracy of third party sites.
Certain Services on the Web Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement this Agreement. If you choose to register for or access any such service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules, which shall be deemed to have been incorporated as terms of this Agreement.
You may not use contact information provided by our users or collaborating physicians, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Web Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
CONTENT YOU POST OR SUBMIT
You may be given the opportunity to submit feedback regarding your experiences with doctors who are featured on the Web Site, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively "Posted Information"). In addition:
- You are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Information that falsely expresses or implies that such content or material is sponsored or endorsed by the Company.
- You may not provide any Posted Information that is unlawful or that promotes or encourages illegal activity.
- You agree that you will only provide Posted Information that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Information on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, the Company, its assigns, its contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that the Company shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Information of other Web Site users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
You hereby agree that you will not host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and over which you do not have sufficient legal rights;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary right(s) violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Web Site. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- is threatening, obscene, defamatory or libelous; or
- is pornographic or sexually explicit in nature.
YOUR USE OF CONTENT
Except for Posted Information that you or any member of the Web Site submits, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain the Company’s proprietary information. The Company gives you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Web Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Web Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, the Company and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by the Company to you are retained by the Company.
The Company’s Services are not a replacement to emergency services offered at hospitals and should not be used or accessed if the patient is in a critical or unstable state. In case of emergency, please contact local emergency services and/or rush to nearest hospital.
In the eventuality of death of any patient at home, the Company may request for medical post mortem report. The Company will not provide a death certificate.
DATA RECORDING, STORAGE & USAGE
The information stored by the Company may be entered by you or by Specialist assigned to you or by the Company itself in the course of provision of Services to you. The information collected as part of the Services may be stored on your mobile device as well as on a cloud platform or a server hosted by a third party.
All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / opinions and any other form of correspondences between you and the Specialist shall be recorded, saved and stored for record and legal archival purposes.
All the information shall be recorded, saved and stored electronically on a server owned and managed by a third party. The Company shall ensure that the third party uses appropriate levels of encryptions to protect data and takes all necessary precautions. The Company shall however not be responsible for any cyber data theft from its Web Site and from such third party.
After conclusion or termination of any Service, the Company reserves the right to permanently delete any user information, including personal information, health information and medical records, without notice unless such Service is renewed.
Although every effort will be made to generate a medical second opinion report in reasonably timely fashion, the Company makes no representation or warranty as to the quality, sufficiency or timeframe in which such second opinion report will be generated.
The Web Site and Services provided by the Company 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). To the fullest extent permitted by law, the Company disclaims all liability arising out of any use or reliance on the Services received on the Web Site (including medical second opinion), the content on the Web Site or any opinion or suggestion given or expressed by the Company or its contractors and agents (including HSPs), or unavailability of Services.
Specifically, the Company disclaims any liability arising out of deterioration of a prior medical condition or a new medical event that occurs on account of omission to provide critical and material health information by you to the Specialist.
The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of access to, use of, or browsing the Web Site or the downloading of any material, data, text, images, video content, or audio content from the Web Site. You must stop using the Services and/or the Web Site immediately if you believe that it may have or has affected your equipment in any manner.
You are encouraged to independently verify any information you receive from the Web Site.
THE COMPANY HEREBY DISCLAIMS ANY LIABILITY, AND MAKES NO REPRESENTATION AND/OR WARRANTY FOR, THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEB SITE AND ITS FEATURES; (II) ANY INFORMATION, CONTENT OR ADVICE (INCLUDING MEDICAL SECOND OPINION) AVAILABLE ON OR RECEIVED THROUGH THE WEB SITE (III) ACCESS TO OR ALTERATION OF USER CONTENT (IV) TRANSMISSION OF DATA AND (VI) ANY OTHER MATTER RELATING TO THE WEB SITE AND / OR SERVICES. –
THE COMPANY DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE SERVICE ON OFFER OR NOT.
THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will the Company or its contractors or agents (including Specialists) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Web Site or the Services, materials and functions related thereto whether or not the Company has been warned of the possibility of such damages or could have reasonably foreseen such damages.
In no event shall the total aggregate liability of the Protected Entities towards you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions your use of the Web Site exceed, in the aggregate, Rupees One Thousand (INR 1000) or the amount of payment against Services that has been directly received by the Company from you in the past three months, whichever is lower.
You hereby agree to indemnify, defend, and hold the Company, the Company's distributors, agents, contractors (including Specialists), representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Web Site or Services (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on your part
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
This Agreement shall be governed by and be interpreted in accordance with the laws of India. The competent courts of Ranchi, Jharkhand shall have jurisdiction to adjudicate and grant urgent interim reliefs to the Parties.
The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with this Agreement.
Severability: If any provision of this 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 the 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.
Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to the Company:
Remote Heathcare Technologies Private Limited
Casa Urbano C wing 0006 Ground floor,
Palava City phase ll Downtown,
If to you:
at the email address provided by you to us on registration.
Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure (Act of God): The Company shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond the Company’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: the Company shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.
Assignment: You may not assign or sub-license, without the prior written consent of THE COMPANY, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Survival: Even after termination, the provisions of the Agreement with respect to limitation of liability, indemnity, intellectual property, dispute resolution will continue and survive termination.