TERMS & CONDITIONs FOR MEDICAL PRACTITIONER/SPECIALISTS
This is a legally binding terms and condition by and between: Hello ESO Expert (defined hereinafter and referred to as "Practitioner" or "Practitioners" or "You" which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his/her/their heirs, executors, administrators and legal representatives its successors, as the case may be), i.e. any person, who accesses and/or uses internet resource www.helloeso.com including without limitation all its associated sub-domains, mobile application, any accompanying or associated data, applications, utilities or interface, available or provided now or in future (collectively referred to as "Site") to avail Practitioner Services (defined hereinafter) provided through the Site of helloeso.com (EXPERT SECOND OPINION SERVICES PVT. LTD.) and EXPERT SECOND OPINION SERVICES PVT. LTD. (hereinafter referred to as the "Company or "Us" or "We"), a company registered under the Companies Act, 2013 which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include, its successors and assigns) whose registered office is at S.F. 204, Parishram Eligant, Astha Soc., Nr. Overbridge, Sola Ahmedabad, Gujarat, India- 380060 is the service provider of services mentioned below.
The terms and condition applies to a medical practitioner or health care provider as mentioned above.
TERMS FOR PRACTITIONERS:
- The Practitioner shall reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, EXPERT SECOND OPINION SERVICES PVT. LTD. shall have the right to replace such Practitioners for the purpose of consultation to the User.
- The Practitioner further understands that, there is a responsibility on the Practitioner to medically guide/opnion the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
- However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps that may include referring the User for further evaluation.
- The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement that will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
- Practitioner shall ensure that, the consultation online is treated as an in-clinic consultation behavioural and provide advice to the best of Practitioners’ knowledge, qualification and registered license.
- For direct consultations on the Consultation platform, the practitioner shall ensure that they respond to User's health concern within the time as per mutual agreement by both the parties.
- The practitioners should provide diagnosis and line of treatment / management with necessary advises to the patient within 24 hours of the online appointment of the patient. Once the patient is diagnosed, a proper summary including all the data of the patient shall be prepared by the medical practitioner.
- Practitioners should provide e-prescriptions to the Users only via the prescription module as decided by the EXPERT SECOND OPINION SERVICES PVT. LTD. The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature. In addition to any indemnity warranties provided elsewhere in the Agreement, the Practitioner hereby agrees to hold EXPERT SECOND OPINION SERVICES PVT. LTD., its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
- For a Practitioner to complete a consultation, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:
- Line of treatment / management with Risk/s
- Medicine posology including side effects if any
- Advise for diet, exercise, rest etc.
- Lifestyle changes
- Other instructions if any
- Reference for other speciality (if need)
- Where the Practitioner learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Practitioner shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module as per the agreement.
- Practitioners shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, scheduled drugs, or fourth generation antibiotics on the Consultation platform. If any such drugs are indicated for treatment of a given consultation, the Practitioner shall refer the User for a physical consultation.
- In the event the Practitioner learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed) or any nonvisible disabilities, the Practitioner agrees to report such events to EXPERT SECOND OPINION SERVICES PVT. LTD. via the email immediately.
- The Practitioners agrees not to request see for images or video of the User's body parts in any manner. Hello ESO ensure the full privacy of the patient is maintained during the online diagnostic process.
- The Practitioner is not allowed to use any other platform other than the Consultation platform for interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Practitioner.
- If the Practitioner’s performance on the Consultation platform is not compliant with the agreement or the Practitioner is found to be misusing the Consultation platform, the Practitioner may result in losing the privilege of using the Consultation feature & platform.
- The Practitioner acknowledges that should EXPERT SECOND OPINION SERVICES PVT. LTD. will find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then EXPERT SECOND OPINION SERVICES PVT. LTD. shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
- It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
- The Practitioner understands that EXPERT SECOND OPINION SERVICES PVT. LTD. makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold EXPERT SECOND OPINION SERVICES PVT. LTD. liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by EXPERT SECOND OPINION SERVICES PVT. LTD.
- It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and complete and understand that EXPERT SECOND OPINION SERVICES PVT. LTD. shall not be liable for any errors in the information included in any communication between the Practitioner and User.
- The Practitioner shall indemnify and hold harmless EXPERT SECOND OPINION SERVICES PVT. LTD. 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 due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
Consultation is intended for general purposes only and is not meant to be used in emergencies / serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, EXPERT SECOND OPINION SERVICES PVT. LTD. shall not be held liable.
RIGHT TO USE LOGOS AND TRADEMARKS
EXPERT SECOND OPINION SERVICES PVT. LTD. is entitled to use the Practitioner’s name and logo, including trademarks (collectively, “Marks”) on the Website and EXPERT SECOND OPINION SERVICES PVT. LTD.’s marketing materials. EXPERT SECOND OPINION SERVICES PVT. LTD. will be permitted to issue press releases of any kind referencing the Practitioner, publication in magazines and the Marks. However, the Practitioner shall seek a written permission from EXPERT SECOND OPINION SERVICES PVT. LTD. to participate in any press releases or for using trade names, trademarks, or service marks of EXPERT SECOND OPINION SERVICES PVT. LTD. in any of its advertisement, publicity, or promotion.
EXPERT SECOND OPINION SERVICES PVT. LTD. (as the context warrants) reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:
- Practitioner breaches any terms and conditions of the Agreement or contravenes applicable laws; and
- A third-party reports violation of any of its right as a result of your use of the Services
- Or any related matter as such
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall EXPERT SECOND OPINION SERVICES PVT. LTD., or any of its directors, officers, employees, agents or content or service providers, affiliates and 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 the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- Provision of or failure to provide all or any Service by Practitioners to End- Users contacted or managed through the Website
- Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website
- Any unauthorized access to or alteration of your transmissions or data; or
- Any other matter relating to the Website or the Service
If any provision of the Agreement is invalid as per applicable law, held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by EXPERT SECOND OPINION SERVICES PVT. LTD. Any consent by EXPERT SECOND OPINION SERVICES PVT. LTD. to, or a waiver by EXPERT SECOND OPINION SERVICES PVT. LTD. of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other party, and neither party is authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Practitioner shall not make any public statement disparaging 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, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.
APPLICABLE LAW AND DISPUTE SETTLEMENT
The parties agree that this Agreement and any contractual obligation between EXPERT SECOND OPINION SERVICES PVT. LTD. and User will be governed by the laws of federal and state law.
The courts at Ahmedabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the Website or the Services or the information to which it gives access.