Terms of Use

Introduction

Definitions

Eligibility

General Terms & Conditions

• The Service is a non-emergency health assistance service and is intended to facilitate responses to general health queries only. For emergency queries, the Users are advised to dial emergency services or contact their nearest healthcare facility.
• NH Care App may require You to authenticate Your credentials (via OTP and/or any other mode as may deem fit) in order for You to proceed with availing the Service. Further, it shall be deemed that the user availing the Service is You as long as the login on either Client Platform and/or NH Care App is done with Your login details/account/credentials.
• Post successful authentication (if required), You shall be provided access to the NHCare App with respect to the usage of Services.
• With respect to the Services, NH Care App shall fetch Your details (including, but not limited to, medical history, ____________ etc.) from its databases. You hereby consent to NHIC obtaining and processing such data (as provided in this paragraph) from its databases.
• You further understand that NH Care App is merely enabling/facilitating You to connect with the Care Manager for non-emergency health assistance service only.
• The Medical advice provided through the Service shall be solely based on the limited information collected through a virtual medium and is meant to provide general guidance only. You understand that no prescriptions shall be issued to you based on your interaction with the Care Manager.
• The advice provided through the Service does not qualify to be a substitute for a face-to-face examination, comprehensive medical consultation or tele-consultation by a qualified medical professional.
• You understand that the Services are NOT for medical emergencies, life threatening conditions or for when you need acute care. You are recommended to seek the advice of a healthcare professional for such conditions.
• Based on the information provided, the Care Manager shall have the sole discretion to judge whether medical advice over Chat Services are not suitable or to redirect emergency queries to the appropriate emergency or ambulance services.
• You shall be responsible to follow the guidance provided by the Care Manager. Should you disregard the Care Manager’s advice, neither NHIC nor the Care Manager shall be held liable for any resultant consequences thereof in any form or manner whatsoever.

User Responsibility & Obligations

• ·You must be at least 18 years old to register for and use our Services (or such greater age required under the provisions of the Indian Contract Act, 1872 for you to be authorized to register for and use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country or territory, your parent or guardian must agree to our Terms on your behalf. Please ask your parent or guardian to read these Terms with you.
• You are solely responsible for providing your accurate information, correct mobile phone number, and, if you change it, update your mobile phone number using our in-app change number feature.
• You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, neither NHIC nor the Care Manager shall be responsible for the medical advice rendered based on the said information.
• You are solely responsible for all information you transmit or share using the Communication Tools and we are not obliged to monitor the same. However, we reserve the right to review any information or materials you share using the Communication Tools and to remove (without notice to you) any information or materials that we find, in our sole discretion, violates any applicable law or these Terms. To this extent, you hereby waive doctor-patient confidentiality and expressly authorise us to review all information you transmit or share using the Communication Tools. In the event of non-compliance with the Terms, we may (without notice to you), immediately terminate your registration with us and/or prevent your access or use of the Service.
• You agree to receive text messages and phone calls (from us) with codes to register for our Services.
• You agree not to host, display, upload, modify, publish, transmit, update or share any information that:
  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • 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; or
  • 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 cognisable offence or prevents investigation of any offence or is insulting to any other nation..
• You agree to use the Service (including the Communication Tools) only in accordance with these Terms and all applicable laws. You may not use the Service in any manner that could damage, disable, overburden or impair our computer systems or interfere with any other party’s use and enjoyment of any Service. You should not attempt to gain unauthorized access to any Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
• You shall ensure that his/her conduct is not in violation of any of the laws in force in India, including but not limited to the following:
  • The Information Technology Act, 2000
  • The Indian Penal Code, 1860
  • The Indecent Representation of Women Act, 1986
  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
  • Telemedicine Practice Guidelines

Limit of liability

• NH Care App is merely a technology platform and infrastructure that enables you to connect with the Care Manager listed on the Service and to use the messaging or communication facilities of the Service that are designed to enable you to communicate with the Care Manager.
• The Service shall be provided by the Care Manager on a best effort basis. Neither NHIC nor the Care Manager can be held responsible for any loss on account of delay in time to respond or otherwise.
• The transmission, storage and/or retrieval of data and information and the provision of the Service through the internet is subject to a variety of factors beyond our reasonable control, including any interruption or unavailability of third-party telecommunication services used to host / provide the Service. In no event will we be liable for any failure or interruption of the Service, including without limitation those failures or interruptions resulting in part or entirely from circumstances beyond our reasonable control.
• The use of the Service does not create a doctor/patient relationship between you and us as the Services are not a substitution to a medical consultation with a Doctor.

User Communication

Fair usage policy

• The Services of One Health cannot be used for personal gains or in conjunction with any commercial activity including but not limited to using on the application. One Health reserves the right to limit, suspend, disable or discontinue your Service in the event that it is discovered that the Service is being used in conjunction with any commercial activity including but not limited to using on the application or for commercial gains or misuse of service for not intended purpose.
• The Services of One Health can only be used by the One Health Members and the individuals associated with the Member’s account. NHIC reserves its the right to limit, suspend, disable or discontinue your Service in the event that it is discovered that the Service is being used for any unauthorised individual.
• Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason.
• NHIC or the Care Manager reserves the right to refuse services if the User fails to adhere to or violates the Terms of Use or any change/amendment/modification made to the Terms of Use or does any act or omission including but not limited to resulting in harassment or misconduct by the User.

Payment for Service

• The Services offered are free of cost.
• In case the User (i) is directed to a video /in-person consultation with the doctor or (ii) requests the Care Manager to Book Medical Tests on his behalf, the same shall be chargeable as per actuals.

Privacy

• Conversations with the Care Manager are confidential and will be treated with utmost privacy. We may record or monitor the conventions with You for records and monitoring quality of the conversations.
• The Parties shall not disclose any sensitive personal data or personally identifiable data to a Third-Party unless such disclosure is mandated by the law in force or by an Order of any jurisdictional Court of law or forum or regulatory authority or any enforcement judicial or quasi-judicial body. The Parties shall be required to send a notice to the relevant party when data other than sensitive personal data or personally identifiable data is to be disclosed to a Third Party. Your data will be processed by us as per applicable laws and our privacy policy available at our website.
• NHIC shall not be liable for the disclosure of sensitive personal data or personally identifiable data by the User himself.
• NHIC shall not be liable for the disclosure of sensitive personal data or personally identifiable data caused due to circumstances beyond the control of the App.

Force Majeure

• Strike, lockout or other forms of protest;
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
• Inability to use public or private transportation and telecommunication systems;
• Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Termination

• The App shall have the right to terminate the Services for any User if he violates any of the Terms of Use as stated hereinabove.
• NHIC reserves the right to unilaterally terminate or suspend the Service at any time and the Users shall be notified of any such termination or suspension.

Dispute, Governing Law & Jurisdiction

Severability

Grievance Redressal