The modified Agreement would be effective from the date of modification that is posted by the Company on the Website. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the Platform. “You” or the “User” in this Agreement refers to any person who uses a Platform.
Terms of Offer The Platform builds and operates a centralized network of various specialists, experts and service providers in the field of super speciality such as Oncology for providing healthcare services and support topatients with critical diseases such as cancer (the “Patients”; the “Services”).
Proprietary Rights The Company has proprietary rights in the Platform and you may not copy or reproduce the Platform or any of its components in any manner. The Company also has rights to all trademarks and trade dress and specific layouts of every page of the Website, including calls to action, text placement, images and other information such as blogs etc.
Taxes You shall be responsible for the payment of any tax that accrues to you under applicable law as a result of your use of the Platform.
The Services provided by the Platform are available to any person over the age of eighteen (18) years who registers on the Platform in the manner provided herein. Persons below the age of eighteen (18) shall not be entitled to use the Platform or the Services, unless such use is through the User account of a parent or legal guardian. The nature of the Services shall be divided into the two (2) following categories:
- Video consulting with a superspecialist for follow up with him or her
- “Second Opinion” – connects Users to the network of super specialists that is built and maintained by the Company and facilitates the issuance of a secondary medical opinion by such super specialists on the recommended treatment for a Patient
Under this Service, a User may search and select the available super specialist, book an appointment on the Platform and share the Patient’s medical reports on the Platform in the manner set out therein. Upon receipt of the reports and appointment request, the super specialist will confirm the appointment for video consulting and will consult the patient at mutually decided time. After consulting the patient online, doctor will share prescription (as per the necessary guidelines) or recommendation for future course of action. The availability of doctors will be based on their work schedule and the consulting fee is decided by them only.
However, Uhapo levies a fixed amount of service charge in each consulting based on the fee decided by doctor.
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE USERS
Each User registering on the Platform represents, warrants and undertakes to the Company as follows
- That all information that has been uploaded by the User on the Platform is true, complete and accurate. All the concerned reports are to be submitted before consulting the doctor and reports submitted after the consulting date and time will not be valid and in no way will be linked to the consulting or the opinion/ prescription given by doctor.
- Each User agrees and acknowledges that the Company is only a platform that facilitates and assists the Users to connect to world-class super specialists and other relevant service providers registered on the Platform and that the Company itself is not an expert on the provision of medical or healthcare services of any type.
- You agree that the Company shall not be liable in any manner for any interaction or consultation that you may have with a Platform registered doctor or service provider outside of or independent of the Platform.
- You agree and acknowledge that the secondary medical opinion obtained by you via the Platform shall be treated only as a secondary or ancillary opinion of a medical practitioner and shall not be treated as a consultation rendered by the concerned oncologist. In no event shall the Medical Opinion substitute the primary consultation and treatment that is being obtained by a Patient.
- The information provided by a super specialist and displayed on the Platform relating to the practice areas of the specialist, expertise, educational qualifications etc. are preliminarily reviewed and vetted by the Company, but the Company shall not be liable in any manner be responsible for any inaccuracy with respect to such information.
- The doctors providing Services on the platform do not have the benefit of information that would be obtained by examining a Patient in person and observing his / her physical condition. You agree that you choose to use the Services while acknowledging this limitation.
- The Company does not endorse or recommend the engagement of any particular doctor or service provider listed on the Platform, and a Patient shall engage with a doctor or a service provider at the Patient's own risk and volition.
- The Company shall not be responsible for any wrong advice or medication or the quality of the treatment being given by a doctor or a service provider or for any medical negligence on the part of a doctor or a service provider
FEE AND REFUNDS
The Platform uses third party payment gateways (Razor Pay) to process the transactions made on the Platform. The Company is not liable for any failed transactions. In the event of a failed transaction, the amount (if debited from a User account) will be refunded to the User’s account as per the corresponding payment gateway’s refund policy. The Company may initiate a refund corresponding to a full amount or a partial amount if the Company is unable to serve the Patient due to reasons beyond the control of the Company including the following: untimely death of the patient, incomplete data provided, unavailability of the doctors.
Customers can claim a refund from Uhapo by sending an email email@example.com later than 7 days after the consultation. In the email, the grounds for claiming the refund should be clearly mentioned. On receipt of your request to claim a refund, our representative will reach out to you to assess the nature and relevance of your complaint.
THE PLATFORM AND THE SERVICES
Content; Intellectual Property; Third Party Links. In addition to providing the Services as stated above, the Platform may also offer other information related to the Services either directly or through indirectly through links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Platform. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform may violate intellectual property rights of other parties. You shall use the content on this Platform only for personal, non-commercial use. Any links to third-party websites that are provided on the Platform are for convenience and does not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk. The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.
By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).
Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Platform. The Company does not have the ability to control User/User-generated content on the Platform. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the Platform that it considers objectionable or inappropriate.
Information that is collected by the Company
Contact information: the Company may collect your name, email id, mobile number, postal address etc.
Information to provide the Services: the Company may collect information regarding your medical history, medical reports, details of medication taken, health condition, prescriptions, allergies, age, body weight, medical insurance data, family medical history etc. in order to provide the Services in an efficient manner.
Payment and billing information: The Company may collect your billing name, billing address and payment method when you pay for the Services availed by you on the Platform. Credit/debit card information will be obtained and processed by our online payment partner.
4. Other information: While you use the Platform, the Company may collect information about your IP address and the browser you are using.