We welcome you to www.onlinepolyclinic.com (the “Platform”), managed by HEALTH SMARTTECH PRIVATE LIMITED.
The www.onlinepolyclinic.com provides a Website for general users to look for health related information, as published by practicing Doctors and Healthcare Consultants. The Website does not, in any way, claim to own the information or be responsible for its accuracy or validity.
The www.onlinepolyclinic.com also acts as a Platform for registered Family Doctors, Physicians, Dentists, Diabetologist and Medical Practitioners with other Specialties and Practitioners of Alternate Medicine, Dieticians, Psychologists and Medical Counsellors, collectively called as Medical & Healthcare Service Providers (MHSP) to enable them to offer their services and for registered Users (Consumer) for seeking an appointment with MHSP of their choice and host their Personal Health Record (PHR) for sharing them with MHSP.
Health Smarttech has taken declaration from MHSP that they are authorized to offer their services and products by competent authorities like Medical Council of India, Central Council of Homeopathy in India, Dental Council of India, FDA and other authorized bodies, as the case may be. Health Smarttech has NOT validated their claims and has solely depended on their declarations. Health Smarttech does not have ability to evaluate competence of these MHSP. Users are strongly advised to undertake their own diligence process to ascertain competence of individual MHSP. Health Smarttech will not be responsible for any consequences or damages resulting from availing their services.
Personal Medical Record (PMR) are all medical records of an individual either created by individual himself or by a qualified medical and healthcare service provider. Electronic Medical Records (EMR) are created by a qualified medical practitioner. The two terms need to be interpreted in appropriate context.
1. Usage by General User:
2. Usage by Consumer:
The Platform is designed for Indian Consumers having Indian citizenship and bound by Indian laws. Every consumer having intention to host his PHR and / or use the services of any Registered MHSP must register on the Platform.
2.1 Right to Subscribe and associated Responsibility:
- Any Indian citizen can register as a Consumer, unless disqualified or barred by a government authority or any constitutional body. Consumers must give their actual identity and not a fake or assumed name.
- Every Consumer irrespective of age, gender, or handicap status needs to have his / her own account in his / her own name.
- For children below the age of 18 years, registration has to be done by their parents / guardian and avail any Services offered on this Platform under the supervision of a parent / guardian.
- For senior citizens, handicapped persons and other adults, who are not comfortable with use of Computer / Internet technologies, registration may be done on their behalf by a relative / friend. In such cases, he will have to declare that he is authorized by the Subscriber and act as guardian, while using the Services.
- The Consumer is permitted to make use of Platform and / or all the facilities available for genuine purposes only. The Consumer is not permitted to misuse the Platform and / or any facility available thereon, for any commercial, illegal, immoral, or unethical purpose.
- Since many of the Services provided by MHSP depend on past medical history, it is the responsibility of the Consumer to ensure that his PHR, (including his allergies, immunization, past medical treatment, hereditary related family history, reports of medical check-ups, prescription and consultation summary with MHSP) are kept current and complete at all times. He should take assistance of his panel of MHSP in creating and updating his PHR at various stages.
2.2 Applicable Charges:
- Registration and Subscription Charges: There may be various plans with associated Functions and Features. Consumer may subscribe to a plan as per his need and choice. He must pay all applicable charges and renew his subscription before the subscription period is over, in order to continue to access his records and avail services offered by MHSP. Platform reserves all rights to disable his access and delete his records, if he fails to keep the account active.
- Platform Usage Charges: Based on the plan subscribed, certain services may attract usage charges on per transaction basis. Consumer will be required to pay these transaction charges.
- Consultation & Service Provider Fees: All Service Providers, including MHSP decide their own Fees and charges solely by themselves and Platform does not control them in anyway, whatsoever. Platform has provided facility for Consumers to make payment using secured on-line payment gateway and to collect such fees and charges on their behalf and pass them to the respective Service Providers. These charges are usually payable at the time of booking an appointment or ordering the service.
- Payment Gateway Charges: Payment Gateway provider charges a certain percentage of the transaction amount. This amount will be chargeable over and above the Charges in above heads.
2.3 Confidentiality and Privacy:
The information provided by the Consumer and records created by his Service Providers is stored on the Platform in a secured manner. Consumer has the option to add his Service Providers into his network. By including such Service Providers in his network, amounts to providing access of Consumer’s records to his Service Providers. At all times, Consumer will have the provision to remove the Service Provider from his network, thereby, removing access to his records to such Service Providers. However, records created by Service Providers themselves, will continue to have access to such records. Besides, such information will be accessible to authorized staff of Platform at all times.
Platform will have the liberty to use the data for all legal purposes including medical research. However, any information used by the Platform for such purposes will be anonymized adhering to HIPAA guidelines.
Consumer will be solely responsible for keeping his access related information such as Username, password and answers to challenge questions completed secured.
2.4 Limitation of Liability:
Consumer needs to be aware and understand that availing an On-line Video / Audio / Phone consultation with a MHSP using the Platform poses certain limitations in providing advice as there is no physical examination of the Consumer by the MHSP. It is not equivalent to an In-clinic consultation. On-line Consultation is best suited for Follow-up consultation and for consultation for routine ailments and counselling, not requiring physical examination.
Platform is not responsible or liable for any advice provided by MHSP or for any consequences of the advice provided by them.
All the services provided by the Platform are technology based and using various Information Technology services, which mainly depend upon availability of power and network connectivity, which are sometimes beyond the control of the Platform. The Consumer avails of the service provided by Platform on an as-is basis and assumes all the risks involved for the causes beyond Platform’s control, with respect to any consequential damages arising out of nature of service, non-availability of service like power, network connectivity, any shortfall in completeness or loss of information stored, or loss of accuracy.
MHSP are independent agents who give services in their own individual capacity. Platform is not, in any way, responsible for individual acts of improper or incompetent advice or service provided by MHSP. If it is proven beyond doubt that the promised services provided by the MHSP were not delivered, Platform can withhold payments to such service providers in specific instances and money collected for that transaction can be credited back to the Consumer’s account. If a MHSP fails to keep an appointment due to any reason, the amount collected from the Consumer will be refundable. Under such situation, Platform will credit the customer account with the refund amount.
2.5 Price Plans and Refunds:
Platform may offer one or more Subscription Plans from time to time offering different Features and Functionalities. Consumers is advised to choose a Plan most suitable for him. These Plans are available in Price Section or upon request from firstname.lastname@example.org
Registration & Subscription: If the plan has an initial Registration Charges, the same are not refundable. The Subscription can be upgraded to a higher plan by paying differential amount from existing plan to higher level plan. The Subscription can also be downgraded to a lower plan, but the same will be effective from the date of expiry of existing plan.
Platform Usage: Once a service is availed from the Platform, the charges become payable and cannot be refunded. If there is any advance, the same can be refunded upon request.
Consultation and Service Providers Fees: If Consumer informs Health Smarttech about the short coming in Service provided by them in writing, Health Smarttech will investigate the claim and at its sole discretion, may refund a part or full amount paid / deposited by the Consumer to Health Smarttech, in case the designated service provider has failed to provide service in part or full. Any such complaint must be reported within 72 hours of such an act happening. In any case, the claim and refund will never exceed the amount paid towards services provided for this specific act. No refund will be admissible after 72 hours of such act.
2.6 Termination of Subscription:
Health Smarttech may terminate the Subscription at any time, if in its opinion, the Consumer is misusing the Website; not using for genuine purposes or using it for commercial, illegal, immoral or unethical purposes.
Subscription may be terminated by Health Smarttech if subscription is overdue. The Consumer’s medical record will be kept live for up to 30 days but will not be accessible until the subscription is renewed. Records may be permanently deleted after 30 days from expiry of subscription.
If the Consumer decides to terminate the subscription, his records may be deleted on his request or kept live till the subscription period is over. However, no refund will be admissible in either case.
3. Usage by Medical Practitioner and Healthcare Service Provider (MHSP):
Usage of the Platform by MHSP is subject to acceptance of all Terms & Conditions described below and after signing an agreement by Clicking 'Terms & Conditions' in the Registration Process. MHSPs will have to provide self-attested copies of their ID proof, Address proof, Last Medical degree, and Registration Certificate with appropriate Medical Council, as a part of their registration on the Platform. Health Smarttech largely depends on self-declaration but reserves the Right to conduct independent validation process.
3.1 Rights and Responsibilities of MHSP :
Any MHSP with Indian citizenship and holding a medical degree recognized by Government of India can register and subscribe to Platform as a MHSP, unless he is disqualified or barred by a government authority, any constitutional body or Medical Council of India, Central Council of Homeopathy in India, Dental Council of India, and others such bodies or their subsidiaries.
The MHSP is permitted to make use of Platform and / or all the facilities available for genuine purposes only. The MHSP is not permitted to misuse Platform and / or any facility available thereon, for any commercial, illegal, immoral, or unethical purpose.
PHR including Medical prescription by a Medical Practitioner is owned by the Consumer but Consumer needs to give access to the MHSP, whom he is consulting. Accordingly, during Consultation, MHSP will have Rights to view PHR records of the Consumer. At other times, MHSP may ask Consumer and Consumer will have to give explicit access rights (such as before an upcoming appointment or to a family Doctor at all times) to his EMR.
MHSP is solely responsible to decide if he can provide consultation on-line using Video / Audio / phone with the help Consumer's PHR and reports. If in his opinion, he needs to do a physical examination, he should ask the patient to come for the same at his Clinic / hospital.
MHSP can publish his Profile with Clinic address and contact details. MHSP can also publish his 'In-Clinic' and 'On-line' Video / Audio / Phone Consultation calendar to enable Consumers to take appointment as appropriate. MHSP may make use of several scheduling related features to ensure that he maximizes his availability for Consumers, keeping waiting time to bare minimum.
Under normal circumstances, MHSP is expected to meet with his patients at appointed time. However, if due to unavoidable circumstances, he needs to cancel an appointment, he must inform the patient well in advance (preferably 24 hours in advance).
3.2 Platform Charges and MHSP Consultation Fees and charges:
Registration and Subscription Charges:
Health Smarttech may offer one or more plans with different Features and Functionalities for MHSP with appropriate Registration and Subscription charges for using the Platform. Health Smarttech reserves the right to waive some of these charges for a limited period. If MHSP has chosen a plan with Subscription Charges, it will MHSP’s responsibility to keep his account active by paying the charges before its expiry. Health Smarttech may keep the account in suspended state without removing any data created by the Doctor for 30 days from expiry of his plan but deny access to such records till it is made active by paying the subscription. Health Smarttech reserves the right to delete all records created by MHSP after the expiry of 30 days.
3.3 Consultation and Other Service Fees:
Health Smarttech does not influence or control Consultation charges for the Services offered by MHSP and the same are solely decided by individual MHSP.
For 'In-Clinic' Consultation, Platform does not collect consultation fees and the same has to be collected from Consume directly by MHSP. Health Smarttech will not be responsible for collection of his fees for such In-clinic bookings / consultations.
For 'On-line' consultation, MHSP will authorize Health Smarttech to collect his full consultation fees at the time of booking from the Consumer. Once the Consultation is completed gracefully, the same amount will be credited to the MHSP account. If the Consultation is cancelled by the Consumer, his account will be credited back with the amount due to him as per cancellation policy. If cancellation is done by the MHSP, Consumer's account will be credited back with entire amount and cancellation charges will be borne by MHSP.
PHR of the Consumer is private information of the Consumer and its access to the MHSP is given solely for the purpose of enabling MHSP to provide highest quality of professional Service. MHSP needs to treat PHR and related information confidential. If any information needs to be shared with other authorized personnel (MHSP's Staff member, another MHSP, Consumer’s close relative etc), it should strictly be done on 'need-to-know basis' and in the interest of providing full and better advice. In such cases, MHSP is expected to take permission of the Consumer before sharing such information.
MHSP will ensure that his staff is made aware of the privacy involved in medical consultation and take undertaking from them that they will never share Consumer’s PHR information without MHSP’s permission. MHSP will not provide access to PHR of the Consumer and Consultation proceedings to staff except on 'need-to-know' basis.
For On-line consultation, MHSP will ensure complete privacy from where he is providing consultation.
The information provided by the MHSP and the consultation records (examination details, diagnosis, prescription, investigations, medical or surgical procedures carried out or reports of such investigations etc) provided to the Consumer will be stored on the Platform and said information and the proceedings stored on the Platform will be accessible to Health Smarttech at all times, to which the MHSP will have no objection at any time.
Health Smarttech is at liberty to use the data for all legal purposes including medical research and statistics. When used for such purposes Health Smarttech will take utmost care to keep the identity of the Consumer and MHSP anonymous and confidential adhering to HIPAA guidelines.
The MHSP is solely responsible to keep his 'Access' related information such as user name, password and answers to challenge questions etc, as well as access to his email completely confidential.
3.5 Limitations of Liabilities:
All the services provided by Health Smarttech are technology based and using various Information Technology services, which mainly depend upon availability of power and network connectivity, and which are sometimes beyond the control of Health Smarttech. The MHSP avails of the service provided by Platform on an 'as-is' basis and assumes all the risks involved for the causes beyond Health Smarttech's control, with respect to any consequential damages arising out of nature of service, non-availability of service like power, network connectivity, any shortfall in completeness or loss of information stored, or loss of accuracy.
MHSP needs to be aware and understand that providing an On-line Video / Audio / Phone consultation to a Consumer using Platform poses certain limitations in providing advice as there is no physical examination of the Consumer by the MHSP. It is not equivalent to an In-clinic consultation. On-line Consultation is best suited for 'Follow-up' consultation and for consultation for routine ailments, not requiring physical examination. Under all circumstances, MHSP is solely responsible for deciding if 'On-line' Consulting is suitable for each specific situation.
Each MHSP is an independent agent who provides services in his own individual capacity. If it is proven beyond doubt that the MHSP did not provide promised services, Health Smarttech can withhold payments of such deficient service in specific instances and money collected for that transaction can be credited back to the customer account. If the MHSP fails to keep an appointment due to any reason, he is obliged to refund the money collected for such transaction. Under such situations Health Smarttech will credit the Consumer’s account with the refund amount.
While Health Smarttech will take every care to safeguard customer data, Health Smarttech is not responsible for any accidental loss of data or service discontinuity and MHSP agrees to indemnify Health Smarttech against any and all consequential damages.
3.6 Settlement of Accounts:
Health Smarttech will follow a periodic cycle (weekly, fortnightly or monthly cycle) of accounts reconciliation. Health Smarttech will credit all amounts due to individual MHSP in their bank accounts (provided by them at the time of registration or updated in their profile subsequently) within 7 working days from such reconciliation period. A statement will also be mailed to their email Id providing details for the payment. Any disputes must be raised within 7 days from providing the monthly reconciliation statement.
3.7 Termination of Subscription:
The Subscription provided to the MHSP can be terminated by Health Smarttech at any time, if in the opinion of Health Smarttech, the MHSP is misusing Website; not using Platform for genuine purpose; using Platform for commercial, illegal, immoral, or unethical purpose.
MHSP can decide to discontinue his license by informing Health Smarttech in writing accordingly. Any amount available in his account will be credited to his bank account at the end of the following reconciliation cycle.
4. Policy Modifications / Updates:
5. Legal Jurisdiction:
5.1 Notices: All notices to Health Smarttech will need to be delivered to address given below:
Tiffany Building, Level 1,
Hiranandani Estate, Ghodbunder Road,
Thane - 400607, Maharashtra
All notices to Consumers and MHSP will be delivered by email provided in their account on the date of such notice.