The Agreement covers the following:
A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution, as the case may be, delivering services on the Consult platform or the Consult (International) platform (Practitioner(s), You or User); or
A patient, his or her agents, or affiliations using Efettle Health Services Private Limited's (Efettle) website (Website) to find Practitioners (End-User, You, or User); or
Otherwise, you (You or User) are a user of the Website.
Efettle's services accessible on the Website are governed by this Agreement (Services).
Practitioner and User will severally be referred to as Party and jointly as Parties.
Efettle reserves the right to amend the Services at any time, and the Agreement will apply to you if you provide the Service.
Efettle maintains the right to change or terminate any part of the Agreement at any time for any reason, and such changes will be communicated to you in writing. You should review the Agreement frequently and your use of Services after such a revision constitutes your consent to follow and be bound by the updated Agreement.
As a User of our Services, you agree to abide by this Agreement. Please let us know if you disagree with any portion of the Agreement.
The Agreement is published in accordance with, and is controlled by, Indian law, including but not limited to:
The Indian Contract Act, 1872 and the (Indian) Information Technology Act, 2000 and the rules and regulations made thereunder.
CONSULT
Definition
Consult is an Efettle service that allows Users and Practitioners to communicate on a paid basis. Users may also use this function on the Website/Platform to be allocated to a Practitioner for consultation purposes. Among other things, thepractitioners shall be assignedusing the system's algorithm or the softwareprogram. It assists in finding the most available and accepting practitioner.The scope of this feature is referred to as Consult throughout this document.
Terms for Users
The following terms are understood, acknowledged, and agreed to by the Users
In some situations, users can select the Practitioner (like through Q&A offering). When Users are unable to select a Practitioner due to system limitations, the system employs a software algorithm to locate the most available and accepted Practitioner.
In the event that a Practitioner issues a prescription to a User, the prescription is based on the online consultation; nevertheless, the prescription may differ when inspected in person. Therefore, the prescription issued by Practitioners should not be considered as a final and conclusive diagnosis.
Users agree to use the Practitioner's advice on the Website only in the following circumstances: ongoing treatment with their medical practitioner; a condition that does not require emergency treatment, physical examination, or medical attention; medical history available as records with them for reference; a record of physical examination and report thereof generated through their local medical practitioner; consultation with their medical practitioner before abandoning the Website.
By utilising Consult, the User acknowledges that the Practitioners on Consult will not be conducting physical examinations of the Users, and as a result, they may not have or be able to derive critical information that is often gathered from a physical examination. User recognises and accepts that he or she is aware of this limitation and shall take full responsibility for it.
The User acknowledges that Consult is not a substitute for medical treatment that requires a physical examination or timely consultation. Furthermore, the User understands that the Practitioner's advice is based, to the best of his/her knowledge and ability, on general medical conditions and practises prevalent in India, and not on conditions that are territory specific for regions other than India, irrespective of where the User is seeking medical services or communicating with the Practitioner.
During and after the consultation, the Practitioner may upload the User's prescriptions/health data to the User's account on the Website, which the User can access.
Regardless of everything else in this document, Efettle is not responsible for any drug/medicines prescribed by the Practitioner, or the therapy suggested by the Practitioner.
If Practitioner answers the User's enquiry, the system may send the User notifications, texts, emails, or other forms of communication. The User also agrees that, depending on the Practitioner's settings, Efettle may send text messages, emails, or phone calls to the User's mobile number before and/or after the Practitioner's session (physical or online) through the Website. Efettle, however, does not accept responsibility for the timeliness of such messages, despite anything in this Agreement to the contrary.
The User consents to an audit of his or her consultations on the Consult platform by Efettle's medical staff to improve treatment quality, user experience, and other associated activities. The User acknowledges that the audit may comprise texts, messages, images, reports, audio or video recordings, or any other material communicated between the User and the Practitioner. This shall include, but is not limited to, the personal information of the user, including theirsensitive personal information. This personal data will be handled in compliance with the Privacy Statement.
On the Consult platform, users must refrain from asking personal questions or seeking advice that is not tied to a specific ailment or treatment.
On the Consult platform, users are prohibited from using abusive language. If a Practitioner reports a User's misuse, Efettle reserves the right to ban that User from the Consult platform, and Efettle is not responsible for honoring any refund requests made in connection with that User's consultation on the Consult platform.
Users may only share photographs or videos of the affected areas of their body parts with the Practitioner if it is necessary for diagnosing his or her ailment and he or she is personally comfortable doing so. Efettle will not be held liable for any photographs or videos shared with Practitioners by Users.
Users must ensure that all interactions with Practitioners, including exchanging photographs or videos of body parts, take place exclusively through the Consult platform. For interacting/communicating with the Practitioners, the Users shall not rely on any other external channels of communication.
Users may not induce Practitioners to prescribe medications (including those with greater dose strengths) that violate Consult's prescription policy.
The following medications are prohibited
Medication for Medical Termination Pregnancy (MTP). Drugs which fall under the following pharmaceutical classifications such as sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
If a Practitioner recommends limited pharmaceuticals for the treatment or management of a disease or condition, the User must see the Practitioner in person to confirm the requirements/necessity for prescribing such restricted drugs.
The User commits to give correct information and will not use the Consult platform for any illicit activity.
If a Practitioner recommends limited pharmaceuticals for the treatment or management of a disease or condition, the User must see the Practitioner in person to confirm the requirements/necessity for prescribing such restricted drugs.
Efettle makes no assurance or warranty and does not guarantee the authenticity or legitimacy of any information or content provided by the feature listed below.
Practitioners acknowledge that whatever prescription is administered is at his discretion; neither Efettle nor its partners are liable for the type of drug prescribed, nor for any side/negative effects that may develop as a result of its overuse.
However, it is the user's personal obligation to verify the adverse effects, type of drug given, and usage terms. The prescription will not be a substitute for medical advice and prescriptions.
If a User chooses to communicate with a Practitioner to obtain medical services or to trade money for services outside of the Consult platform, User does so at their own risk. Efettle is not liable for any violation of Service or failure in Service by any Practitioner.
The User understands and agrees that the transaction with the Practitioner is subject to the jurisdiction of India, and that any dispute, claim, controversy, or difference arising from it will be subject to the Terms and Conditions' jurisdiction clause. The User also agrees and acknowledges that the Practitioner is a licenced medical practitioner in India, and that it is the User's obligation to determine whether he or she is qualified to consult with the Practitioners through the Website. The Practitioner is expressly prohibited from practising medicine in any country other than India at any time, regardless of where the User obtains medical services or communicates with the Practitioner in any way.
The User agrees to indemnify and hold harmless Efettle 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 out of or in connection with the User's use of the Website, by breach of the Terms, violation of any law, rules or regulations by the User, or by any other actions, omissions or commissions of the User that rise to the claim.
The User can make online payments via the payment gateway at his or her discretion. If the payment does not reach the Efettle account, the User may contact Efettle's support team via live chat at: https://www.Efettle.com.
Terms for Practitioners
Following receipt of the User's communication, the Practitioner will swiftly respond to the User. In the event that a Practitioner fails to follow the applicable laws/rules/regulations/guidelines, Efettle reserves the right to replace such Practitioners for the purpose of providing consultation to the User.
The Practitioner also agrees that he or she has an obligation to treat the User in the same way that they would in a physical consultation.
In circumstances where the Services requested for by the User is beyond the knowledge or capacity of the Practitioner, the Practitioner has the right to cancel said User’s consultation. In such situations, the User may be entitled to a refund, and the User may select other Practitioners. However, it is strongly advised that the Practitioner counsel the User and explain the next actions, which may include referring the User for further assessment.
The Practitioner shall be duly registered, licensed, and qualified to practicemedicine/provide health care, wellness services, in accordance with applicable laws, regulations, and guidelines established by competent authorities, and the Practitioner will not be a party to any agreement prohibiting him or her from practicingmedicine within the Indian territory. The Practitioner must ensure that all applicable laws governing the Practitioner are obeyed at all times, and that the consultation/Services provided are handled with the highest care.
Practitioners must approach online consultations as if they were in-clinic consultations and provide advice to the best of their expertise.
The Practitioner consents to an audit of his or her consultations on the Consult platform by Efettle's medical team to improve treatment quality, user experience, and other associated activities. The Practitioner understands that the audit may involve personal information about them. This personal data will be handled in compliance with the Privacy Statement.
The practitioner must react to the User's health problem within two (2) hours of the Practitioner receiving the message for direct consultations on the Consult platform (other than in exceptional circumstances, wherethe Practitioner was assigned the consultation without their consent). However, response times must be between 10 a.m. and 8 p.m.
If a Practitioner chooses to accept a User's consultation, the Practitioner must respond within five (5) minutes of accepting the consultation. During an active consultation, a Practitioner's response time cannot exceed five (5) minutes.
If a Practitioner has indicated on the Consult platform that he or she is available for a specific consultation and the consultation has been auto assigned to that Practitioner, then that Practitioner shall respond to the User within five (5) minutes of accepting the consultation, and during the active consultation period.
Only the prescription module should be used by practitioners to issue e-prescriptions to users. When a Practitioner generates an e-prescription, the Practitioner will be required to validate the e-prescription with their electronic signature, either expressly or implicitly, by clicking on the signature option supplied or any other form of opt-in techniques provided therein. The Practitioner agrees to be responsible and liable for the content of the e-prescription as well as the authenticity of his electronic signature. In addition to any other indemnity warranties provided elsewhere in the Agreement, the Practitioner agrees to indemnify Efettle, its officers, employees, agents, and affiliates from any claims, damages, losses, or penalties arising out of any third-party claims relating to the validity of the e-prescription, its content, or its delivery.
For a Practitioner to finish a consult, all Users must receive a consultation summary via the e-prescription module. The following are the recommended contents (out of which at least one module shall be selected) of the said consultation summary:
- An overview of the current sickness;
- Provisional diagnosis medicine dosing, including any potential side effects;
- Diagnostic; and
- Lifestyle changes.
If there are any further instructions, please include them.
Physical consultation is recommended (if necessary).
If the Practitioner discovers that a physical consultation is required for an appropriate diagnosis and resolution of the case, the Practitioner must provide a patient referral for a physical examination, together with the necessary information, using the prescription module.
On the Consult platform, practitioners may not administer medical termination of pregnancy medication, sedatives, hypnotics, opioids, category X pharmaceuticals, or fourth generation antibiotics. If any of these substances are recommended for therapy during a consultation, the Practitioner will refer the User for a physical examination.
If the Practitioner learns of physical abuse, sexual misconduct (particularly in minors), or User self-harm (planned, attempted, or completed suicide), the Practitioner promises to promptly notify Efettle through email at support@Efettle.com.
The Practitioners agree not to ask for photographs or videos of the User's private body parts in any way unless all other methods for diagnosing the User's problem have been exhausted and it is essential to get a probable diagnosis.
If the Practitioner must alter his or her status to 'unavailable,' he or she can do so after completing all open consultations. If a Practitioner leaves a consultation open and then changes the status to 'unavailable,' the Practitioner acknowledges that he will be accountable for any penalties imposed by Efettle.
The Practitioner is not permitted to connect/communicate with Users through any other platform other than the Consult platform, and any effort by the Practitioner to interact with Users through any other external means of communication would be considered a breach of this Agreement.
If the Practitioner's performance on the Consult platform does not meet Efettle's expectations, or if the Practitioner is found to be abusing or exploiting the Consult platform in any manner, the Practitioner's privilege to use the Consult feature and platform may be revoked.
The Practitioner understands that if Efettle discovers that the Practitioner is in violation of any of the authorities' applicable laws, rules, regulations, or recommendations, Efettle reserves the right to cancel the consultation or take any other legal action that it deems necessary.
In the event of a technical breakdown during a transaction and a payment difficulty, the User may contact Efettle's support team via online chat at https://www.Efettle.com.
The Practitioner further understands that the information provided by the User during the consultation is personal information that is subject to all applicable privacy laws, is confidential, and is protected by User and Practitioner privilege.
The Practitioner acknowledges that Efettle offers no promise or assurance of continuous communication, and the Practitioner agrees not to hold Efettle accountable if, despite Efettle's best efforts, the communication: (i) is not provided to the User(s); (ii) is delivered late, or (iii) is not accessible.
Efettle offers no promise or guarantee about the number of consultations that will be assigned to a Practitioner on the Consult platform, and the Practitioner acknowledges the same. The number of consultations assigned to a Practitioner will be determined by a variety of factors, including but not limited to consult response time, patient feedback, and the quantity of practitioners available. It is the Practitioner's responsibility to use the Efettle application to keep track of their overall performance.
It is the Practitioner's responsibility to ensure that the information provided by the User is correct and full, and the Practitioner acknowledges that Efettle is not responsible for any inaccuracies in the information included in any communication between the Practitioner and the User.
The Practitioner agrees to indemnify and hold harmless Efettle and its affiliates, subsidiaries, directors, officers, employees, and agents from and against all claims, proceedings, penalties, damages, loss, liability, actions, costs, and expenses (including but not limited to court fees and attorney fees) arising from the Practitioner's Services, violation of any law, rule, or regulation, or other actions, omissions, or communications.
Refund policy for Patients
If Practitioners have violated any applicable laws, Efettle will issue a complete refund to the User, subject to Efettle conducting an investigation.
If the cancellation is due to the User's inappropriate conduct, the User will not be eligible for a refund, and Efettle/Practitioner will have the right to pursue legal action.
On the Consult platform, users must avoid posting any personal concerns or advice that are not tied to a specific condition or prescription. Efettle maintains the right to terminate the consultation of any User who raises any such personal queries or advice on the Consult platform, and such Users will not be entitled to any reimbursement.
If a Practitioner does not respond to a paid consultation within ten (10) minutes of starting a consultation on the Consult platform, or if a Practitioner does not respond for more than fifteen (15) minutes during an active consultation, the User has the right to request a refund, and any amounts paid by the User for such consultations will be refunded, subject to investigation by Efettle.
In the event that a Practitioner fails to give a consultation summary prescription for a specific consultation, the User has the right to request a refund, and all money paid by the User for such consultations will be repaid. If the Practitioner has given the User a consultation summary prescription, no refunds will be given.
The User has the right to request a refund if a Practitioner is unnecessarily abrupt or quick to complete a particular consultation on the Consult platform. Efettle will give a full refund to the User subject to an investigation.
If Efettle gets frequent cancellation requests from such Users for reasons that do not fall under Efettle's cancellation policy, Efettle retains the right to permanently block said User from the Consult platform.
Users have three (3) days to mark any consultation as unsatisfactory and receive a refund. Thereafter, no refund requests will be accepted.
Users can contact support@efettle.com to receive a refund.
Efettle will review the matter and, if applicable, process the refund at its exclusive discretion. Following the processing of a refund request, the money will be paid to the User within seven (7) working days of Efettle's approval of the refund.
If a User raises any issues about the inappropriateness of a particular consultation on the Consult platform, the User understands that any refund or other outcome for the User's complaints will be subject to a full examination by Efettle in accordance with Efettle's internal regulations.
Efettle shall determine in all matters relating to refunds and settlements under this Agreement at its sole and absolute discretion, following a thorough review of the situation and consideration of all relevant information. In this case, Efettle's ruling will be final.
Express Disclaimers
Consult is intended for general use only and should not be utilized in the event of an emergency or serious disease that necessitates personal consultation. Furthermore, if the Practitioner determines that a physical examination is necessary and recommends an in-person consultation, the User is solely responsible for scheduling a physical examination and in-person consultation, whether with the Practitioner identified on the Website or elsewhere. Efettle will not be held accountable if the User is negligent in acting on the same, nor will Efettle be held liable if the User's condition deteriorates as a result of the same.
Efettle is a platform made available to Users to help them seek consultation from Practitioners. It is not intended to replace physical consultations with Practitioners.
Without prejudice to the generality of the above, Efettle is not providing any healthcare or medical advice or diagnosis and is just a platform and as such is not responsible for any interactions between User and the Practitioner. User acknowledges and agrees that: (a) User interactions and any associated issues which User has is solely with the Practitioner; and (b) Efettle will not be responsible for the ability or inability of the Practitioner in relation to his/her obligations towards Users (including medications, line of treatment etc.) and Practitioner’s conduct or behaviour;
CONFIDENTIALITY
The following confidentiality obligations apply to the Practitioner who is utilizing the Consult platform:
Practitioner agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information related to Efettle's business and software programs (the Confidential Information), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, user information, and other information. Confidential Information includes all information and materials disclosed orally or in any other form regarding Efettle's and/or its affiliates' software products or software product development, including, but not limited to, configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of confidential nature.
Practitioner agrees to keep the Confidential Information private and secure and not to reveal, give, transfer, or otherwise convey any Confidential Information to anyone else, in whole or in part.
Practitioner agrees not to use any Confidential Information for its own gain or the benefit of any third party, and to respect Efettle's copyrights and other intellectual property rights by not copying, duplicating, or reproducing any such copyrighted materials in any way.
Consultant shall promptly deliver to Efettle all documents, notes, or other physical embodiments containing or reflecting the Confidential Information (including copies thereof) that are in possession or control of the Consultant, upon Efettle's request or upon termination of the Agreement.
Nothing in the Agreement should be regarded as granting the Practitioner any right, title, or interest in or to any Efettle Confidential Information, or as granting any license to use, sell, exploit, copy, or further develop such Confidential Information.
The Practitioner's confidentiality requirements as stated above will survive the termination or expiration of the Agreement. Efettle reserves the right to take any action it considers necessary to preserve its rights under this Agreement, including injunctive relief and any other remedies available at law or in equity.
Any non-disclosure agreement signed between Efettle, and the Practitioner will remain in effect as long as its tenure is coterminous with the Agreement's. If the confidentiality restrictions of the Agreement and any non-disclosure agreement conflict, the more restrictive obligation will take precedence.
RIGHT TO USE LOGOS AND TRADEMARKS
On the Website and in Efettle's marketing materials, Efettle has the right to utilise the Practitioner's name and logo, including trademarks (collectively, Marks). Efettle will be able to issue any type of press release addressing the Practitioner and the Marks. However, before participating in any press releases or using Efettle's trade names, trademarks, or service marks in any of its advertising, marketing, or promotion, the Practitioner must obtain written authorization from Efettle.
TERMINATION
In the event (i) a third-party reports a violation of any of its rights as a result of your use of the Services; (ii) a Practitioner breaks any terms and conditions of the Agreement, or (iii) a Practitioner violates any applicable laws, then Efettle retains the right to stop or terminate services supplied through the Website and under this Agreement, with or without notice, and to exercise any other legal remedy available.
LIMITATION OF LIABILITY
In no event will Efettle, or any of its directors, officers, employees, agents, content or service providers, affiliates, or group companies (collectively, the Protected Entities) be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or inability to use, the Website or the content, materials, or functions related thereto (including, but not limited to, negligence).
The Protected Entities will not be held liable: (i) any content posted, transmitted, exchanged, or received on or through the Website by or on behalf of any User or other person; (ii) any unauthorized access to or alteration of your transmissions or data, or (iii) any other issue relating to the Website or the Service.
In no event will the Protected Entities' total aggregate liability to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Website or Services exceed Rs. 1,000/- (Indian Rupees One Thousand Only) in the aggregate.
SEVERABILITY
The provisions of this Agreement are intended to be performed in accordance with, and only to the extent permitted by, all requirements of Applicable Law. If any provision of this Agreement or the application of the Agreement to any Party or circumstances shall, for any reason and to any extent, be held invalid or unenforceable, neither the remainder of the Agreement nor the application of the Agreement or such provision to any other Party or circumstance or other instruments referred to in the Agreement or affected provision shall be affected thereby but, rather, the same shall be enforced to the fullest extent permitted by Applicable Law. In the event that any provisions of this Agreement, or the application thereof, is held by any court of competent jurisdiction to be illegal or unenforceable, the Parties shall attempt in good faith to agree upon an equitable adjustment in order to overcome to the greatest extent possible the effect of such illegality or unenforceability.
WAIVER
No aspect of this Agreement will be deemed waived unless and until such awaiver or consent is given in writing and is signed by Efettle. No breach will be excused.An expressed or implied permission by Efettle to, or waiver by Efettle of, a breach does not constitute a consent to, waiver of, or excuse for any other or subsequent breach.
NO DISPARAGEMENT
Regardless of anything else in this Agreement, neither Party will make any claims, representations, or warranties on behalf of the other Party, nor will either Party be able to bind the other Party. The parties involved shall have the relationship of independent contractors. Nothing in this document will be regarded as implying a joint venture, principal-agent relationship, or other joint connection, and neither Party will have the right, power, or authority to bind or create any obligation on behalf of the other Party, stated or implied. The Practitioner may not publicly disparage the other Party's brand, marks, products, or services. Each Party will retain all right, title, and interest in and to its products, services, marks, as well as all content, information, and other materials, and nothing in this Agreement will be perceived as conferring any other licenseor other right on such Party, whether by implication, operation of law, or otherwise.
APPLICABLE LAW AND DISPUTE SETTLEMENT
The Parties agree that the laws of India will govern this Agreement and any contractual obligations between Efettle and User.
Any disputes arising out of or in reference to this Agreement, User's use of the Website or Services, or the information to which it provides access shall be resolved exclusively by the courts of Hyderabad.