Terms and Conditions for Patient

A. User Account

As a registered user of the MyHealthcare Platform (“you”/ “Patient”), agree that:

1. You are above 18 years of age and competent to consult a doctor or specialist (referred to as the Registered Medical Practitioner “RMP”), book a Homecare Service, place an order for diagnostic test or pharmaceutical goods or purchase devices and register and book a slot for COVID-19 vaccine or avail such other services as are offered by the MyHealthcare Platform.
2. The information provided by you is true, accurate and complete. You agree that you are responsible for updating any information you provide via the MyHealthcare Platform, including any requested health and medical information, location, demographic, contact information, verification of identification, or other information as determined necessary by MyHealthcare, in its sole discretion. You shall also provide additional information as may be required
3. You agree to use the MyHealthcare Platform for lawful purposes, and in accordance with applicable laws and the Terms.
4. You agree not to disclose your registration details, including your registered mobile number and password or login pin to any third party. You also agree to inform MyHealthcare of any unauthorized access to or use of your account. You expressly waive and release MyHealthcare from any and all liability, claims or damages arising from or in any way related to the unauthorized access to or use of your account by any third party.
5. MyHealthcare will make all possible efforts to rectify any unforeseen network or infrastructure failure that may arise on the MyHealthcare Platform, at the earliest. You expressly waive and release MyHealthcare from any and all liability, claims or damages arising from or in any way related to any issues that may arise as a consequence of such network or infrastructure failure.
6. You agree that you shall be responsible for ensuring the security of the infrastructure used for accessing the MyHealthcare Platform, including the internet enabled devices, wireless network, etc.
7. You agree that MyHealthcare shall not be liable in the event you are in breach of any of the Terms stipulated in this Terms of Use.
8. MyHealthcare reserves the right to immediately suspend or terminate a user’s access to the MyHealthcare Platform, without any prior notice.

B. Data:

1. MyHealthcare is not responsible for accuracy of any information, prescription, medical advice, medical records, vital tracking records shared through MyHealthcare by third party hospitals, clinics, diagnostic labs, pharmacies, medical devices and other Homecare Providers with you (whether manually or electronically).
2. The information uploaded by you on MyHealthcare Platform, including personal identification information, medical records, existing medical conditions, known allergies, vitals, symptoms, duration of illness/conditions, family medical history, treatment history etc. is your responsibility, and MyHealthcare does not assume any liability for it.
3. The data in your electronic medical records and information shared by you or by third party hospitals, clinics, diagnostic labs, pharmacies, medical devices and other Homecare Providers with you (whether manually or electronically) shall be retained by MyHealthcare, in accordance with applicable laws.
4. In the event of deletion of your account from the MyHealthcare mobile application, whether on your request or otherwise, you consent to the retention of your electronic medical records and information shared by you or by third party hospitals, clinics, diagnostic labs, pharmacies, medical devices and other Homecare Providers on the MyHealthcare Platform (other than the mobile application) and such data can be retrieved in the event of re-activation/ re-registration of your account.
5. All user data is covered by the Privacy Policy of MyHealthcare.

C. Emergency:

• You acknowledge that you shall not be able to contact for emergency services through the MyHealthcare Platform. In the event of a health emergency or condition requiring urgent medical advice or treatment, you should seek medical care from national or local emergency helplines, emergency rooms at local hospitals, etc.

D. WhatsApp Business Opt-In:

1. The users of MyHealthcare Platform can consent to receiving notifications from MyHealthcare in WhatsApp messenger (“WhatsApp”) by accepting to receive notifications at the time of registration on the MyHealthcare Platform, booking of services on the MyHealthcare Platform, through email campaigns and in any other manner.
2. By accepting to receive notifications through in the above-mentioned pop-up, the users hereby consent to receive notifications from MyHealthcare over WhatsApp, including but not limited to information about MyHealthcare services, placing orders through MyHealthcare Platform, order processing, promotions and offers, recommendations, etc.
3. The users of MyHealthcare Platform can opt out of receiving notifications from MyHealthcare over WhatsApp by unchecking the option for receiving notifications, as available on the MyHealthcare Platform.
4. The users hereby consent to MyHealthcare retaining the personal data of the users, including name and contact number, to communicate with its users via WhatsApp. The personal data of the user shall be retained by MyHealthcare in accordance with applicable laws and Privacy Policy of MyHealthcare.

E. Remote Care Monitoring

1. MyHealthcare has partnered with hospitals and clinics to provide remote care monitoring services to its users, through which they can communicate their health parameters to the RMP for seeking remote care monitoring services. These services will be provided by a qualified team of healthcare professionals.
2. As a user of MyHealthcare Platform, you are required to inform the RMP of existing medical conditions, known allergies, vitals, symptoms, duration of illness/conditions, family medical history, treatment history, and medications.
3. The information provided by you, including existing medical conditions, known allergies, vitals, symptoms, duration of illness/conditions, family medical history, treatment history, medications, additional notes, dates, timings, etc. should be true and accurate.
4. As a user of MyHealthcare Platform, you are also responsible for use of well-functioning quality medical devices for self-monitored readings to be uploaded on the MyHealthcare Platform.
5. For effective remote care monitoring services to be provided by the RMP, you are required to enter information on the MyHealthcare Platform on schedule and with diligence, as per the advice of the RMP. Not following the instructions of the healthcare professionals and disregarding the healthcare professional’s advice, will be considered as a non-compliance of this Terms of Use. The healthcare professional or MyHealthcare shall not be held liable for any resultant consequences thereof in any form or manner whatsoever.

F. Consult Appointment:

• The users of the MyHealthcare Platform can book consultation services with partner hospitals and clinics on the MyHealthcare Platform. The Patients can book virtual consult appointments conducted through video conferencing technology or consult at clinic appointments available at selected clinics.

1. Virtual Consult Appointment:a.You have the right to make a virtual consult appointment at the timing of your convenience. However, the RMP reserves the right to reschedule the virtual consult appointment in case of medical emergencies, or due to other unforeseen circumstances.b.The RMP reserves the right to determine the duration of the virtual consult appointment. If a RMP has to end an ongoing virtual consult due to a medical emergency, or other unforeseen circumstances, the virtual consult appointment will be rescheduled at a later time and/ or date.c.You will be required to participate in a virtual consultation from a quiet and private place which is free from all disturbances. For elderly, minor or disabled patients, a Caregiver (as defined hereinafter) may be in attendance. The Patient or Caregiver must not record the virtual consult appointment by any video or audio means. If the Patient or the Caregiver is not able to or does not comply with the service requirement, the virtual consult appointment being availed by the Patient may be terminable at the option of the RMP. You expressly waive and release the RMP and MyHealthcare from any and all liability, claims or damages arising from or in any way related to termination of the virtual consult appointment resulting from failure to comply with the virtual consult service requirements.

   d.The quality of the virtual consult appointment shall depend upon the quality of network and computer hardware of the Patient and the RMP. You expressly waive and release MyHealthcare from any and all liability, claims or damages arising from or in any way related to issues arising out of network and computer hardware failures.

   e.The virtual consultation is NOT for medical emergencies, life threatening conditions or for when you need acute care.

   f.The RMP will have the sole discretion to judge whether to diagnose and/or to prescribe treatment basis the information available via the virtual consultation.

   g.The diagnosis or prescription provided by the RMP is solely based on the declaration made by you via the information provided to the RMP during the virtual consultation, including the patient notes or documents uploaded by you. If you provide any inaccurate information or suppress or fail to provide any pertinent / necessary information to RMP, which leads to misdiagnosis by the RMP, you hereby accept that the RMP or MyHealthcare shall not be held responsible for the same.

   h.The RMP will provide instruction for the diagnosis to be followed by you. Not following the instructions for the diagnosis provided by the RMP and disregarding the RMP’s advice, will be considered as a non-compliance of this Terms of Use. The RMP or MyHealthcare shall not be held liable for any resultant consequences thereof in any form or manner whatsoever.

   i.You should seek emergency help or follow- up care when recommended by the RMP or when you are of the opinion that such help or care is prudent in your sole opinion.

   j.Without prejudice to the above, RMP may, in his or her sole discretion and/or professional judgment, determine that the virtual consultation is not appropriate for some or all of your medical or clinical needs and, accordingly, may elect not to provide services to you via the virtual consultation.

   K.You agree that you have the right to discontinue the virtual consultation at any stage.

   l.By confirming a request for a virtual consult appointment with an RMP, you hereby consent to seek consultation from the selected RMP via MyHealthcare Platform.

   m.You agree to follow all recommendations, protocols and other instructions provided by your RMP. If you decide or fail to follow any of these instructions, then you will be taking an action contrary to medical advice.

   n.You agree that MyHealthcare will retain prescription issued by the RMP pursuant to the virtual consultation.

   o.You agree and acknowledge that MyHealthcare is only facilitating the booking of RMP consultations and will not be liable for any deficiency or omission in services provided by a RMP and shall in no event be deemed to be a medical advice/consultation provider.

2. Consult at Clinic Appointment:a.The RMP will have the sole discretion to judge whether to diagnose and/or to prescribe treatment basis the information provided during the consultation.b.The diagnosis or prescription provided by the RMP is solely based on the declaration made by you via the information provided to the RMP during the consultation. If you provide any inaccurate information or suppress or fail to provide any pertinent / necessary information to RMP, which leads to misdiagnosis by the RMP, you hereby accept that the RMP or MyHealthcare shall not be held responsible for the same.c.The RMP will provide instructions for the diagnosis to be followed by you. Not following the instructions provided by the RMP and disregarding the RMP’s advice, will be considered as a non-compliance of this Terms of Use. The RMP and MyHealthcare shall not be held liable for any resultant consequences thereof in any form or manner whatsoever.

   d.You should seek emergency help or follow- up care when recommended by the RMP or when he is of the opinion that such help or care is prudent in his sole opinion.

   e.By confirming your request for a consult at clinic appointment with an RMP, you hereby consent to seek consultation from the selected RMP at the chosen clinic.

   f.You will follow all recommendations, protocols and other instructions provided by his RMP. If you decide or fail to follow any of these instructions, then you will be deemed to be taking an action contrary to medical advice.

   g.MyHealthcare will retain prescription issued by the RMP pursuant to the virtual consultation.h.MyHealthcare is only facilitating the booking of RMP consultations and will not be liable for any deficiency or omission in services provided by a RMP and shall in no event be deemed to be a medical advice/consultation provider.

G. Homecare Services:

1. The users of the MyHealthcare Platform can book homecare packages on the MyHealthcare Platform, which may include consultation with a RMP, remote care monitoring, diagnostics, physiotherapy sessions, tailored diet plan and ambulance services, depending on the selected homecare package.
2. The chosen homecare provider and its subcontracted parties (“Homecare Provider”), will hold and use your personal information for the purpose of providing the homecare service (including remote care monitoring) (“Homecare Service”) under the homecare package selected by you. Your personal information to be shared may include your name, address, date of birth, current/past medications, Caregiver’s details, doctor’s prescription and medical history and any other information relevant to the provision of the service.
3. The Homecare Provider shall provide homecare instructions to be followed by you. Not following the instructions provided by the Homecare Provider and disregarding the Homecare Provider’s advice, will be considered as a non-compliance of this Terms of Use. The Homecare Provider or MyHealthcare shall not be held liable for any resultant consequences thereof in any form or manner whatsoever.
4. You should seek emergency help or follow- up care when recommended by the Homecare Provider. Further you have the right to discontinue the homecare package at any stage.
5. You authorize MyHealthcare to retain a discharge summary/prescription issued by the Third Party Homecare Provider.
6. The delivery of all services/pharmaceutical goods/devices included in the homecare package chosen by you, will be wholly and solely delivered by the Homecare Provider.
7. All deliveries must be signed for by an adult and you or your Caregiver may be contacted to verify the Homecare Services provided to you.
8. If you are not able to or do not comply with the service requirement or choose not to share your personal data with the organisations providing the Homecare Service, the Homecare Service being availed by you may be terminable at the option of the Homecare Provider. You expressly waive and release the Homecare Provider and MyHealthcare from any and all liability, claims or damages arising from or in any way related to termination of the Homecare Service resulting from failure to comply with the service requirements.
9. You agree and consent to the on demand- video and audio consultations with the Homecare Provider and its RMP’s or its subcontracted parties during the course of Homecare Service.
10. You have discussed and understood the Homecare Service to be provided by the Homecare Provider and hereby have given your full consent for the Homecare Service.
11. You agree and understand that MyHealthcare is only facilitating the booking of Homecare Provider and will not have any liability towards you in case of no-show of the Homecare Provider at the address provided by you or any deficiency or omission in services provided by a Homecare Provider and shall in no event be deemed to be a Homecare Provider.

H. Diagnostics:

1. The users of the MyHealthcare Platform can book diagnostic tests, including radiology diagnostic tests on the MyHealthcare Platform.
2. The third party diagnostic partner (“Diagnostic Partner”) will use your personal information (such as name, age, address and contact details, prescription (if applicable), gender), for the purpose of booking diagnostic tests, including radiology diagnostic tests.
3. You will be responsible for the veracity and validity of the prescription uploaded by you on the MyHealthcare Platform.
4. You consent to the collection of samples and/ or medical imaging required under the diagnostic test booked by you with the Diagnostic Partner.
5. The Diagnostic Partner will provide instructions for the collection of samples and/ or medical imaging, to be followed by you. Not following the instructions provided by the Diagnostic Partner and disregarding the Diagnostic Partner’s advice, will be considered as a non-compliance of this Terms of Use. The Diagnostic Partner or MyHealthcare shall not be held liable for any resultant consequences thereof in any form or manner whatsoever.
6. Diagnostic Partner alone shall be liable for the Diagnostic Partner’s dealings and interaction with the you and My Healthcare shall have no liability or responsibility in this regard.
7. You agree and understand that MyHealthcare is only facilitating the booking of diagnostic tests and any diagnostic tests that may be booked in the name of MyHealthcare or in the name of other Diagnostic Partners will be undertaken solely by our Diagnostic Partners and not by MyHealthcare. MyHealthcare will not have any liability towards you in case of no-show from the laboratories and/or logistics partner, at the address provided by you and shall in no event be deemed to be a diagnostics service provider. Further, MyHealthcare will not be held liable in any manner for the results or outcomes of the diagnostic tests conducted and the reports generated pursuant to such diagnostic tests (whether such reports are issued under the brand name of MyHealthcare or otherwise).

I. Pharmacy:

1. MyHealthcare provides a virtual platform which allows Patients to order medicines online from MyHealthcare’s third party pharmacy partner (“Pharmacy Partner”).
2. The Pharmacy Partner will hold and use your personal information for the purpose of delivering the pharmaceutical goods ordered by you. Your personal information to be shared may include your name, address, contact details and doctor’s prescription.
3. You will be responsible for the veracity and validity of the prescription uploaded by you on the MyHealthcare Platform.
4. You consent to be contacted for the completion of your order, resolution of grievances, or for fulfilling other service requests in relation to your order.
5. You acknowledge and accept that the order for a substitute of a prescription drug would only be processed by the Pharmacy Partner in consultation with you.
6. The authenticity and genuineness of the pharmaceutical goods made available by the Pharmacy Partner is the sole responsibility of the Pharmacy Partner.
7. You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the pharmaceutical goods are offered by and agreed to between you and the Pharmacy Partner.
8. The Pharmacy Partner shall be solely responsible for any claim/ liability/ damages that may arise in relation to the delivery of pharmaceutical goods. MyHealthcare is not responsible for any unsatisfactory, delayed, non-performance in relation to delivery of pharmaceutical goods, or issues concerning the ownership of pharmaceutical goods.
9. MyHealthcare is merely acting as a facilitator between you and Pharmacy Partner. MyHealthcare does not own the inventory of the pharmaceutical goods and possesses no control over the pharmaceutical goods offered by the Pharmacy Partner and shall in no event be deemed to be a seller of pharmaceutical drugs.

J. Device Purchases

1. The users of the MyHealthcare Platform can purchase medical devices listed on the on the MyHealthcare Platform, including BP monitors and ECG devices.
2. The third party medical device manufacturers and/ or seller (“Medical Devices Partner”), will hold and use your personal information for the purpose of delivering the medical devices ordered by you. Your personal information to be shared may include your name, address, and contact details.
3. You consent to be contacted for the completion of your order, resolution of grievances, or for fulfilling other service requests in relation to your order.
4. You acknowledge and accept that the order for a substitute of a medical device would only be processed by the Medical Devices Partner in consultation with you.
5. The authenticity and genuineness of the medical devices made available by the Medical Devices Partner is the sole responsibility of the Medical Devices Partner.
6. You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and use of the medical devices are offered by and agreed to between you and the Medical Devices Partner.
7. You agree and acknowledge that the Medical Devices Partner shall be solely responsible for any claim/ liability/ damages that may arise in relation to the delivery of medical devices. MyHealthcare is not responsible for any unsatisfactory, delayed, non-performance in relation to delivery of medical devices, or issues concerning the ownership of medical devices.
8. You agree and understand that MyHealthcare is merely acting as a facilitator between You and Medical Devices Partner. MyHealthcare does not own the inventory of the devices and possess no control over the devices offered and shall in no event be deemed to be a seller of these medical devices.
9. You agree and acknowledge that MyHealthcare shall not be responsible for the medical device generated data and will not have any liability towards You for inaccurate data generated through these devices, and for any consequences occurring as a direct result of such inaccurate data.

K. COVID-19 Vaccination

1. MyHealthcare provides a virtual platform which redirects the Patient to the third party Co-WIN platform for management of registration, appointment scheduling, managing vaccination and certification (“Co-WIN Platform”) which has been rolled out by the Ministry of Health and Family Welfare (“MoHFW”) and is being used in India’s National Covid-19 Vaccination Programme.
2. The third party Co-WIN Platform or the healthcare partner organizing the vaccine camp, will hold and use your personal information for the purpose of your registration and appointment scheduling for vaccine administration. Your personal information to be shared may include your name, address and contact details.
3. You confirm that complete and valid information regarding your identity has been uploaded via the MyHealthcare virtual platform for vaccination.
4. MyHealthcare does not itself perform vaccine administration and is merely acting as a facilitator organizing vaccine facilities for you to avail vaccination services through a healthcare partner.
5. MyHealthcare does not own, hold, control or manage the inventory of the vaccines and shall in no event be deemed to be a seller/ dealer of the vaccines.
6. The vaccine is administrated by healthcare professionals employed/ engaged by our healthcare partners at the medical center/hospital (“Vaccine Administrators”).
7. The Vaccine Administrators are not employees of MyHealthcare and are not providing services on behalf of MyHealthcare.
8. The Vaccine Administrator will provide instructions to be followed by you after getting vaccinated. Not following the instructions provided by the Vaccine Administrator and disregarding the Vaccine Administrator’s advice, will be considered as a non-compliance of this Terms of Use. The Vaccine Administrator or MyHealthcare shall not be held liable for any resultant consequences thereof in any form or manner whatsoever.

L. Liability

• MyHealthcare does not and will not assess nor monitor the suitability, legality, ability, air worthiness, movement or location of any third party providers. You expressly waive and release MyHealthcare from any and all liability, claims or damages arising from or in any way related to the third party providers. MyHealthcare will not be a party to disputes, negotiations of disputes between you and such third party providers. Further, there can be exceptional circumstances where a service provider may be unable to honour the confirmed bookings due to various reasons like act of God, labour unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues etc. or any other reason beyond the control of MyHealthcare and such service provider, in this event you will not hold either MyHealthcare or service provider liable for any losses or for loss of life.

M. Indemnity

• You agree to indemnify and hold MyHealthcare and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) any misrepresentation or breach of any of your warranties; (b) your breach of Terms of Use; (c) providing any incorrect or fraudulent information regarding yourself or the patient; (d) your violation of any third party rights; and (d) any injury or death that occurs during performance of services by the third party service providers on account of wrongful information provided by you.

N. Payments

1. The users of the MyHealthcare Platform may make payment using the MyHealthcare Platform at the time of booking the service or directly at the time of availing selected service, as provided under the terms of the selected service.
2. MyHealthcare reserves the right to revise the charges for the services made available on the MyHealthcare Platform, from time to time.
3. The payments made for the services availed on the MyHealthcare Platform shall be governed by the Terms and Conditions as available at https://www.myhealthcare.co/terms-and-conditions

O. Elderly, Minor or disabled patient

• The users of the MyHealthcare Platform should be above 18 years of age and should be competent to consult a RMP, book a Homecare Service, place an order for diagnostic test or pharmaceutical goods or purchase devices and register and book a slot for COVID-19 vaccine or avail such other services as are offered by the MyHealthcare Platform. Family members, guardians and/or persons authorized by the patient are allowed to represent the elderly, minor or disabled patient (“Caregiver”), to avail the services made available on the MyHealthcare Platform. The Caregiver of a minor or disabled patient shall be responsible for the accuracy, completeness and use of the information of such patient on the MyHealthcare Platform.

P. Intellectual Property Rights

• MyHealthcare is the sole owner of the Intellectual Property Rights of the MyHealthcare Platform, its associated extensions, plug-ins, including any future enhancements or developments of the same Nothing contained in this Terms of Use shall be deemed to grant the Patient any other right, title or interest in the MyHealthcare Platform or the Intellectual Property Rights of MyHealthcare. This Terms of Use solely permits the Patient to use the MyHealthcare Platform for their non-commercial personal use. You are not permitted to modify, reproduce, reverse-engineer or distribute the MyHealthcare Platform in any manner. The Patient hereby confirms that his/her use of the MyHealthcare Platform shall not infringe the Intellectual Property rights of any third parties.
• “Intellectual Property Rights” shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired, including but not limited to: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefor, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and confidential information; and (v) Internet domain names, Internet and World Wide Web URLs or addresses, the digital platform, the UI/UX interface, source codes; (vi) mask work rights, mask work registrations and applications therefore; (vii) subject matter and embodiments of any of the foregoing rights, (viii) licenses in, to and under any of the foregoing rights, (ix) goodwill symbolized by or associated with any of the foregoing rights, (x) income, royalties or payments due or payable with respect to any of the foregoing rights, and (xi) claims, causes of action and defences relating to the enforcement of any of the foregoing rights and (xii) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.

Q. Changes to this Terms of Use

• This Terms of Use is applicable to all services made available on the MyHealthcare Platform, including any changes made to the services from time to time. MyHealthcare reserves the right to modify any part of this Terms of Use, at any time.

R. Waiver

• Except by a specific written waiver, no failure or delay on the part of MyHealthcare relating to the exercise of any terms or conditions under this Terms of Use will operate as a waiver of such Terms.

S. Severability

• Notwithstanding anything, if the whole or any part of any provision of this Terms of Use may prove to be illegal or unenforceable, the other provisions of this Terms of Use and the remainder of the provision in question shall remain in full force and effect.

T. Assignment

• You will not assign his rights, benefits, and obligations hereunder to any person, without the prior written consent of MyHealthcare.

U. Governing Law and Jurisdiction

• The courts in New Delhi, India shall have the exclusive jurisdiction to resolve any dispute/difference arising from this Terms of Use.