The services that are available to you through the Namaste Health depend on your province of
residence and the location you are in at the time you request the services.
The Agreement is published in compliance of, and is governed by the provisions of Indian
law,
including but not limited to:
The Indian Contract Act, 1872,
The (Indian) Information Technology Act, 2000, and
The rules, regulations, guidelines and clarifications framed there under, including the
(Indian)
Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries
Guidelines)
Rules, 2011.
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Conditions of Use
You must be 18 years of age or older to register, use the Services, or visit or use
the
Website/mobile application in any manner. By registering, visiting and using the
website/mobile application or accepting this Agreement, you represent and warrant to
Namaste Health that you are 18 years of age or older, and that you have the right,
authority and capacity to use the Website/mobile application and the Services
available
through the Website/mobile application, and agree to and abide by this Agreement.
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Binding Agreement
These Terms and Conditions form a binding agreement (the “Agreement”) between you
and
Namaste Health. Your access to or use of the Physician/surgeon Helpline Service
indicates
your acceptance of these Terms and Conditions. You are agreeing to use the
Physician/surgeon Helpline Service at your own risk.
The following definitions apply to this Agreement-
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“Physician/Surgeon Helpline Application” or the “Application” (collectively,
the
“Applications”) means any application under the control of Namaste Health,
whether partial or otherwise and includes such Application’s Content, Text,
Graphics, Design, Programming, Physician Helpline Materials and Services (as
applicable in each context).
-
“Content” includes all Text, Graphics, Design and Programming used on the
Applications.
-
“Services” means any services provided by Namaste Health or its agents
described
herein.
-
“User”and “You” refers to any individual or entity that uses any aspect of
the
Applications.
-
“You” means “User” the person who (or the entity on behalf of whom such
person
is acting) are agreeing to these Terms and Conditions.
-
General Use Rules
The Applications and the Services are intended for individuals seeking personal
medical
advice. You may use the Applications and Services only for lawful purposes within
the
stated context of Namaste Health intended and acceptable use of the Applications and
Services.
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Privacy Communications and Data Collection
-
The terms “personal information” and “sensitive personal data or
information”
are defined under the SPI Rules, and are reproduced in the Privacy Policy.
-
Namaste Health may by its Services, collect information relating to the
devices
through which you access the Website/mobile application, and anonymous data
of
your usage. The collected information will be used only for improving the
quality of Namaste Health services and to build new services.
-
The Website/mobile application allows Namaste Health to have access to
registered
Users’ personal email or phone number, for communication purpose so as to
provide you a better way of booking appointments or video calling and for
obtaining feedback in relation to the Practitioners and their practice.
-
The Privacy Policy sets out, inter-alia:
-
The type of information collected from Users, including sensitive
personal data or information;
-
The purpose, means and modes of usage of such information;
-
How and to whom Namaste Health will disclose such information; and,
-
Other information mandated by the SPI Rules.
-
The User is expected to read and understand the Privacy Policy, so as to
ensure
that he or she has the knowledge of, inter-alia:
-
the fact that certain information is being collected;
-
the purpose for which the information is being collected;
-
the intended recipients of the information;
-
the nature of collection and retention of the information; and
-
the name and address of the agency that is collecting the
information
and the agency that will retain the information; and
-
the various rights available to such Users in respect of such
information.
-
Namaste Health shall not be responsible in any manner for the authenticity
of the
personal information or sensitive personal data or information supplied by
the
User to Namaste Health or to any other person acting on behalf of Namaste
Health.
-
The User is responsible for maintaining the confidentiality of the User’s
account access information and password, if the User is registered on the
Website/mobile application. The User shall be responsible for all usage of
the
User’s account and password, whether or not authorized by the User. The User
shall immediately notify Namaste Health of any actual or suspected
unauthorized
use of the User’s account or password. Although Namaste Health will not be
liable
for your losses caused by any unauthorized use of your account, you may be
liable for the losses of Namaste Health or such other parties as the case
may be,
due to any unauthorized use of your account.
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If a User provides any information that is untrue, inaccurate, not current
or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or
Namaste Health has reasonable grounds to suspect that such information is
untrue,
inaccurate, not current or incomplete, Namaste Health has the right to
discontinue the Services to the User at its sole discretion or may
deactivate
their account.
-
Namaste Health may use such information collected from the Users from time
to
time for the purposes of debugging customer support related issues.
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Against every Practitioner listed in Namaste Health, you may see a ‘call’
option.
When you choose this option, you choose to call on the practitioner’s number
through a telephony service provided by Namaste Health, and the records of
such
calls are recorded and stored in Namaste Health servers. Such records are
dealt
with only in accordance with the terms of the Privacy Policy. Such call
facility
provided to you by Namaste Health should be used only for appointment, value
added video telephonic services and booking purposes, and not for
consultation
on health-related issues. Namaste Health accepts no liability if the call
facility is not used in accordance with the foregoing.
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Call Facility
-
Namaste Health enables Users to connect with Practitioners through two
methods:
-
Value added video telephonic services which connect users directly
to
the
Practitioner’s number provided on the app.
-
Book facility that allows users to book a visit appointment through
the
mobile
application;
-
Namaste Health will ensure Users are provided direct video connect
you to the practitioner. Namaste Health has no liability if such
video call is not connected or cancelled by the Practitioner, or the
same Practitioner is not available to receive video call.
-
If a User has utilized the telephonic services; Namaste Health
reserves the right to share the information provided by the User
with the Practitioner and store such information and/or conversation
of the User with the Practitioner, in accordance with our Privacy
Policy.
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The results of any search Users perform on the website/mobile application for
Practitioners should not be construed as an endorsement by Namaste Health of any
such particular Practitioner. If the User decides to engage with a Practitioner
directly to seek medical services, the User shall be doing so at his/her own
risk.
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Without prejudice to the generality of the above, Namaste Health is not involved
in providing any healthcare or medical advice or diagnosis and hence is not
responsible for any interactions between User and the Practitioner. User
understands and agrees that Namaste Health will not be liable for:
-
User interactions and associated issues User has with the Practitioner;
-
the ability or intent of the Practitioner(s) or the lack of it, in fulfilling
their obligations towards Users;
-
any wrong medication or quality of treatment being given by the Practitioner(s),
or any medical negligence on part of the Practitioner(s);
-
inappropriate treatment, or similar difficulties or any type of inconvenience
suffered by the User due to a failure on the part of the Practitioner to provide
agreed Services;
-
any misconduct or inappropriate behavior by the Practitioner or the
Practitioner’s staff;
-
In case of no show, the respective practitioner will be levied with penalty and
the user may get the refund of the charged fees as per terms and conditions.
-
Users are allowed to provide feedback about their experiences with the
Practitioner, however, the User shall ensure that, the same is provided in
accordance with applicable law. User however understands that, Namaste Health
shall not be obliged to act in such manner as may be required to give effect to
the content of Users feedback, such as suggestions for delisting of a particular
Practitioner from the Website.
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Selecting your Doctor or HealthCare Provider on the Website
The Website allows you to select and schedule appointments with doctors and health
care providers registered with the Website and to whom certain specific terms and
conditions apply. These terms and conditions can be accessed www.namastehealth.in. While choosing your
doctor or healthcare provider on the Website, you understand and accept that:
-
You are ultimately responsible for choosing your own doctor or healthcare
provider and Namaste Healthshall not be held responsible or liable for the
selection of such doctor or healthcare provider; and
-
Namaste Health will provide you with lists and/or profile previews of doctors
and health care providers who may be suitable to deliver the health care that
you are seeking based on information that you provide to Namaste Health(such as
area of specialty and geographical location). For certain specific Services,
Namaste Healthmay choose a doctor or healthcare provider on your behalf based on
the nature of services you request and on the doctor or healthcare professional
available to provide you with the clinical services for the same. Please note
that Namaste Health
-
does not recommend or endorse any doctors or health care providers
mentioned on the Website; and
-
does not make any representations or warranties with respect to these
doctors or health care providers or the quality of the healthcare
services they may provide. Namaste Healthshall not be liable for any
reason whatsoever for the services provided by the health care
professional or doctor, and we bear no liability for the consequences to
you, of your use of the System or Services.
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Information regarding doctors and health care providers and their practice
information found on the Website is intended for general reference purposes
only. Such information found on the Website is mainly self-reported by the
doctor or the health care provider. Such information often changes frequently
and may become out of date or inaccurate. Neither the Website nor Namaste Health
provides any advice or qualification certification about any particular doctor
or healthcare provider. You are encouraged to independently verify any such
information you see on the Website with respect to a doctor or healthcare
provider that you seek to make an appointment with.
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No Professional Relationship of patient –doctor
Please note that some of the content, text, data, graphics, images, information,
suggestions, guidance, and other material (collectively, "Information") that may be
available on the Website (including information provided in direct response to your
questions or postings) may be provided by individuals in the medical profession. The
provision of such Information does not create a licensed medical
professional/patient relationship, between Namaste Health and you and does not
constitute an opinion, medical advice, or diagnosis or treatment of any particular
condition, but is only provided to assist you with locating appropriate medical care
from a qualified practitioner. We make no guarantees, representations or warranties,
whether expressed or implied, with respect to professional qualifications, quality
of work, expertise or other information provided on the website. We do not in any
way endorse any individuals description provided on the website herein. In no event
shall we be liable to you or anyone else for any decision made or action taken by
you in reliance on such information.
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No Medical Advice Provided
Please note that we do not recommend or endorse any doctors, health care providers,
procedures, opinions, or other Information that may appear on the Website.
-
If you rely on any of the Information provided by the Site, you do so solely at
your own risk. At the same time, it is understood that the information provided
on the website are largely correct. But there may be unforeseen errors as well
as the fact that there are very fast changes and developments in the medical
field which might not have been updated on the website. Also, the opinions of
different professionals may differ because medical science is not an exact
science hence you have to visit the doctor of your choice to make an opinion.
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The Information that you obtain or receive from Namaste Health, and its
employees, contractors, partners, sponsors, advertisers, licensors or otherwise
on the Website is for informational and scheduling purposes only.
-
All medically related information comes from independent health care
professionals and organizations which are registered with Namaste Health and to
whom certain specific terms and conditions apply.
-
These terms and conditions can be accessed www.namastehealth.in. The
Information provided on the Website and in any other communications from or
provided through Namaste Health is not intended as a substitute for, nor does it
replace, professional medical advice, diagnosis, or treatment. Do not disregard,
avoid or delay in obtaining medical advice from a qualified healthcare
professional and you should not rely on the advice that you may have obtained
through the Website.
-
Your use of Information provided on the Website is solely at your own risk.
Nothing stated or posted on the Website or available through any Services is
intended to be taken as the practice of medicine or the provision of medical
care.
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Collection of Consultation Fees
You understand that Doctor provides various services while some of these services
are provided for free, there are certain services for which costs will be incurred
by you, if you decide to avail such services ("paid services"). In that
case, Namaste Health may provide billing services on behalf of the doctor or health
care professional. If you wish to avail those paid services, you acknowledge
that Namaste Health will collect the payment for such paid services for and on
behalf of the doctor or healthcare professional providing such clinical services.
You acknowledge and confirm that Namaste Health shall not be liable for the
treatment or be treated as the health care provider on account of such collection of
the payments or for provision of such paid services, for any reason what so ever.
Cancellation and Refund Policy
-
In the event that, the Practitioner with whom User has booked a paid appointment
via the Website, has not been able to meet the User, User will need to write to
us at support@namastehealth.in within seven (7) days from the
occurrence of such event; in which case, the entire consultation amount as
mentioned on the Website will be refunded to the User within the next thirty
(30) business days. In case where the User, does not show up for the appointment
booked with a Practitioner, without canceling the appointment beforehand, the
amount will not be refunded. However, where cancellation charges have been
levied (as charged by the Practitioner/Practice), you would not be entitled to
complete refund even if you have canceled beforehand.
-
Users will not be entitled for any refunds in cases where, the Practitioner is
unable to meet the User at the exact time of the scheduled appointment time and
the User is required to wait, irrespective of the fact whether the User is
required to wait or choose to not obtain the medical services from the said
Practitioner.
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Clinical Support Information
We may provide information to assist you in clinical decision-making. Information
that may be placed on the app by third parties which are beyond our control. We are
not responsible for the accuracy or completeness of information available from or
through our app. You assume full risk and responsibility for the use of information
you obtain from or through this app, and you agree that Namaste Health is not
responsible or liable for any claim, loss, or liability arising from the use of the
information. We do not recommend or endorse any provider of healthcare or
health-related products, items or services, and the appearance of materials on the
app relating to any such products, items or services is not an endorsement or
recommendation of them. You agree to review the definitions, functionality, and
limitations of the services, and to make an independent determination of their
suitability for your use.
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Namaste Health Medicine and diagnostic support
The patients/Users where they need to get various tests done this can be
done by our logistics partner/laboratory, who can also come to your
doorstep, procure the samples and reports shall be provided to you by us
online. To avail these paid services, you acknowledge that Namaste Health
will collect the payment for such paid services for and on behalf of the
vendor orpartner/laboratory providing such clinical services. You
acknowledge and confirm that Namaste Health shall not be liable for any
claim, loss, or liability arising from the use of these services on account
of such collection of the payments or for provision of such paid services,
for any reason what so ever.
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Namaste Health online Q&A platform
Guidelines for Practitioners:
-
Every Practitioner on the Q&A Platform must be qualified in the area of
expertise that he/she represents as being his qualification.
-
The Q&A Platform is a platform for exchange of information which is of
general in nature in a question and answer format. The Q&A Platform
is notapplicable for any emergency situations.
-
Any Q&A interaction cannot be construed as a medical consultation with the
Practitioner, in any manner whatsoever.
-
It is expressly clarified that no doctor-patient relationship is established
between you and Practitioner, in any manner whatsoever, by indulging in this
Q&A.
-
The Practitioner cannot issue and/or prescribe any medicines on the Q&A
platform. It is a platform for only exchange of information and not a
consultation/ medical advice.
The Practitioner is absolutely and expressly prohibited to:
-
Provide a medical diagnosis;
-
Issue a prescription;Only information and guidelines can be given. If the
prescription is issued, it will entirely be on the responsibility of issuing
doctor.
-
Post any response which comprises of any derogatory language, objectionable,
pornographic and /or offensive content;
-
Advertise any brand of drugs, supplements, vaccines and medications, in any
manner of whatsoever;
-
Advertise to/solicit patients in any manner including without limitation by
way of using social media handles, including without limitation, facebook,
twitter etc., telephone/ mobile numbers, youtube, and address;
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Promote content and activities which are illegal in nature;
In the event of any breach of above mentioned terms and conditions the Namaste
Health will take appropriate action. Any liability arising out of the response
issued by a Practitioner will be borne solely by the Practitioner.
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Namaste Health medicine support
Ordering medicines online; the patients/Users our logistic partner shall provide you
online medicine at your doorstep. To avail these paid services, you acknowledge
that Namaste Health will collect the payment for such paid services for and on
behalf of the vendor or partner for providing such services. You acknowledge and
confirm that Namaste Health shall not be liable for any claim, loss, or liability
arising from the use of these services on account of such collection of the payments
or for provision of such paid services, for any reason what so ever. You acknowledge
that your prescription will be shared with the concerned vendor.
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Limitations on Damages and Liability Limitations
-
You assume all responsibility and risk for your use of the Physician/Surgeon
video call Services, and you hereby acknowledge and agree that your use of the
Application and the Services is on an “as is” and “as available” basis.
-
You represent, warrant and agree that the views and suggestions expressed by
Namaste Health under these Physician/Surgeon video call Services shall in no
manner be construed by you as an endorsement of any such guidance and views by
Namaste Health.
-
You represent, warrant and agree that any and all guidance provided to you by
Namaste Health physicians/surgeons shall depend in entirety on the accuracy of
the description of the symptoms provided by you.
-
While Namaste Health agree to maintain the confidentiality of the information
provided by you, you acknowledge and agree that the calls made by you during the
course of services provided by Physician/Surgeon video call Services may be
recorded for quality control purposes and for the purpose of maintaining a
record of your health information.
-
Your acceptance of and compliance with the advice given by the medical Personnel
shall be at your risk. In no event shall Namaste Health (or any of their
officers, directors, shareholders, employees, subsidiaries, affiliates, agents
or advertisers) be liable for any damages whatsoever resulting from or arising
under or in connection with the Application or the Services or the use or access
to, or the inability to use or access the Applications and/or the Services,
whether based on warranty, contract, tort, or any other legal theory, and
whether or not Namaste Health is advised of the possibility of such damages.
-
You acknowledge and agree that you are not authorized by Namaste Health to
provide medical advice to other persons based upon the advice you obtain from
the Physician/surgeon video call Services and that you bear sole responsibility
for the consequences of providing such advice to any such other persons.
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Quality, Functionality and Connectivity Issues
You acknowledge and agree that quality, functionality, connectivity and/or
availability of the Physician/Surgeon of video call Services may be affected from
time to time by circumstances within or outside of the control of Namaste Health.
You also acknowledge and agree that you, without any liability whatsoever, shall be
entitled to refuse, limit, suspend, vary or disconnect the Physician/Surgeon video
call Services at any time, for any reasonable cause, including, but not limited, to
the following.
-
Any violation of applicable rules, regulations, orders, directions,
notifications, conditions of License Agreements, etc., issued by any
government/telecom or other regulatory authority.
-
during technical failure, modification, up-gradation, variation, relocation,
repair and/or maintenance of the systems/equipment.
-
to combat potential fraud, sabotage, willful destruction, national security or
for any other force majeure reasons.
-
Transmission limitation caused by topographical, geographical, atmospheric,
hydrological and/or mechanical or electronic constraints/limitations and/or
availability of suitable cell Applications.
-
If Physician/surgeon video call Services are used in violation of any law,
rule/regulation.
-
Any other reason which you, on your sole discretion, deems reasonable and which
warrants limiting, suspension or disconnection of Physician/surgeon video call
Service.
-
Namaste Health and its Personnel shall not be responsible for or obligated to
provide call-back Physician/Surgeon video call Services in the event of a
dropped call or any other interruption of service.
-
Because user authentication on the Internet is difficult, Namaste Health cannot
and does not confirm that each user is who they claim to be.
-
Because Namaste Health does not and cannot be involved in user-to-user dealings
or control the behavior of participants on the Applications, in the event that
you have a dispute with one or more users, you release Namaste Health from
claims, demands and damages (actual and consequential and direct and indirect)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes.
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Terms for Practioners:
-
The Practitioner shall promptly 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, Namaste Health
shall have the right to replace such Practitioners for the purpose of
consultation to the User or remove such Practitioners from the platform/Namaste
Health application/site;
-
The Practitioner understands and agrees that, Namaste Health shall at its sole
discretion, at any time be entitled to, show as other Practitioners available
for consultation.
-
The Practitioner has the discretion to cancel any consultation at any point of
time in cases where the Practitioner feels, it is beyond his/her expertise or
his/her capacity to treat the User. In such cases, it may trigger a refund to
the User and the User has the option of choosing other Practitioners. However,
it is strongly recommended that the Practitioner advise the User and explain
appropriately for next steps.
-
The Practitioner shall at all times ensure that all the applicable laws that
govern the Practitioner shall be followed with utmost care.
-
The Practitioner acknowledges that if Namaste Health find the Practitioner to be
in violation of any of the applicable laws/rules/regulations/guidelines set out
by the authorities then Namaste Health shall be entitled to cancel the
consultation with such Practitioner or take such other legal action as may be
required.
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If and When the payment gateway is launched, the payment gateway option is being
provided to the Users to make payment easier. In case wrong bank account details
are provided by Practitioner, Namaste Health will not be responsible for loss of
money, if any. In case of there being any technical failure, at the time of
transaction and there is a problem in making payment, you could contact support@namastehealth.in
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Practitioner-No-Show (Pr.N.S) for the purposes of these Terms and Conditions, is
defined as, any instance where a practitioner, has not turned up for the
confirmed appointment without cancelling, rescheduling, or informing the user
who has booked an appointment on the Website/mobile application using the Book
Appointment facility in advance about the same. When user informs Namaste Health
of the incident or marks a particular appointment as Pr.N.S. using the Namaste
Health, within five (5) days of the scheduled appointment, an email and SMS
(“PrNS Communication”) will be sent to the practitioner to confirm on the
incident with reasons. Where the practitioner is not able to establish that the
practitioner had a legitimate reason, for not showing up, Namaste Health shall
be entitled to take actions. Every Pr.NS will be followed by refund to the User
who has opt for online payment, which be debited from a practitioner’s account.
After 3 PNS, the practitioner’s account with Namaste Health may be deemed as
inactive and may be permanently deactivated in a state of repetitive incident.
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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 when a User books a time-slot with the
Practitioner for video call or home visit, the Practitioner must comply with the
time slot to the best of their availability. In case of delay, the doctor must
notify User.
-
The Practitioner has the discretion to cancel any consultation at any point of
time in cases where the Practitioner feels, it is beyond his/her expertise or
his/her capacity to treat the User. In such cases, it may trigger a refund to
the User and the User has the option of choosing other Practitioners. However,
it is strongly recommended that the Practitioner advise the User and explain
appropriately for next steps.
-
The Practitioner shall at all times ensure that all the applicable laws that
govern the Practitioner shall be followed with utmost care.
-
The Practitioner acknowledges that if Namaste Health find the Practitioner to be
in violation of any of the applicable laws/rules/regulations/guidelines set out
by the authorities then Namaste Health shall be entitled to cancel the
consultation with such Practitioner or take such other legal action as may be
required.
-
If and When the payment gateway is launched, the payment gateway option is being
provided to the Users to make payment easier. In case wrong bank account details
are provided by Practitioner, Namaste Health will not be responsible for loss of
money, if any. In case of there being any technical failure, at the time of
transaction and there is a problem in making payment, you could contact support@namastehealth.in
-
Practitioner-No-Show (Pr.N.S) for the purposes of these Terms and Conditions, is
defined as, any instance where a practitioner, has not turned up for the
confirmed appointment without cancelling, rescheduling, or informing the user
who has booked an appointment on the Website/mobile application using the Book
Appointment facility in advance about the same. When user informs Namaste Health
of the incident or marks a particular appointment as Pr.N.S. using the Namaste
Health, within five (5) days of the scheduled appointment, an email and SMS
(“PrNS Communication”) will be sent to the practitioner to confirm on the
incident with reasons. Where the practitioner is not able to establish that the
practitioner had a legitimate reason, for not showing up, Namaste Health shall
be entitled to take actions. Every Pr.NS will be followed by refund to the User
who has opt for online payment, which be debited from a practitioner’s account.
After 3 PNS, the practitioner’s account with Namaste Health may be deemed as
inactive and may be permanently deactivated in a state of repetitive incident.
-
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 when a User books a time-slot with the
Practitioner for video call or home visit, the Practitioner must comply with the
time slot to the best of their availability. In case of delay, the doctor must
notify User.
-
The Practitioner understands that Namaste Health makes no promise or guarantee
for any uninterrupted communication and the Practitioner shall not hold Namaste
Health 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 Namaste Health .
-
It shall be the responsibility of the Practitioner to ensure that the
information provided by User is accurate and not incomplete and understand that
Namaste Health shall not be liable for any errors in the information included in
any communication between the Practitioner and User.
-
It is advisable that the practitioners visiting patients at home should comply
with the documentation requirements as applicable under respective medical laws
for providing primary treatment/healthcare at home or elsewhere. Practitioners
should carry their medical kits, prescription pads, or any other documents as
may be required to be provided or acknowledged by the patient/their relative’s
before/during/after the treatment. However, the practitioner shall indemnify and
hold harmless Namaste Health and be solely responsible for the contents of any
such documentation. Namaste Health shall not be held liable for the
inaccuracy/inadequacy/incompleteness of any such documentation in any manner.
-
The Practitioner shall indemnify and hold harmless Namaste Health 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.
-
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 which 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.
-
Unauthorised Use
Unauthorized use of the Application may give rise to a claim for damages and/or be a
criminal offence.
-
Website Links and Namaste Health right to display of ads, magazine and TV
-
From time to time this application may also include links to other websites.
These links are provided for your convenience to provide further information.
They do not signify that we endorse the website(s). We have no responsibility
for the content of the linked website(s).
-
The Namaste Health will also provide online magazines and TV services on the
website. Without prejudice to the status of other content, Namaste Health will
not be liable for the accuracy of information or the claims made in the
Sponsored ads, Magazines and TV.
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You acknowledge and confirm that Namaste Health shall not be liable for the
contents of the Magazines and TV and the contents can only be used for
information.
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Namaste Health TV/NEWS
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Namaste Health TV/NEWS is an online content platform available on the
website, wherein Practitioners who have created a Namaste Health profile
and Users who have created a health account can login and post health
and wellness related content
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A User can use Namaste Health TV/NEWS by logging in from their health
account, creating original content comprising text, audio, video,
images, data or any combination of the same (“Content”), and uploading
said Content to Namaste Health’s servers. Namaste Health will make
available to the User a gallery of images licensed by Namaste Health
from a third party stock image provider (“Namaste Health Gallery”). The
User can upload their own images or choose an image from the Namaste
Health Gallery. Namaste Health does not provide any warranty as to the
ownership of the intellectual property in the Namaste Health Gallery and
the User acknowledges that the User will use the images from the Namaste
Health Gallery at their own risk. Namaste Health shall post such Content
to Namaste Health TV/NEWS at its own option and subject to these Terms
and Conditions. The Content uploaded via Namaste Health TV/NEWS does not
constitute medical advice and may not be construed as such by any
person.
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The User acknowledges that they are the original authors and creators of
any Content uploaded by them via Namaste Health TV/NEWS and that no
Content uploaded by them would constitute infringement of the
intellectual property rights of any other person. Namaste Health
reserves the right to remove any Content which it may determine at its
own discretion as violating the intellectual property rights of any
other person. The User agrees to absolve Namaste Health from and
indemnify Namaste Health against all claims that may arise as a result
of any third party intellectual property right claim that may arise from
the user’s uploading of any Content on Namaste Health TV/NEWS. The User
may not use the images in the Namaste Health Gallery for any purpose
other than those directly related to the creation and uploading of
Content to Namaste Health TV/NEWS. The User also agrees to absolve
Namaste Health from and indemnify Namaste Health against all claims that
may arise as a result of any third party intellectual property claim if
the User downloads, copies or otherwise utilizes an image from the
Namaste Health Gallery for his/her personal or commercial gain.
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The user hereby assigns to Namaste Health, in perpetuity and worldwide,
all intellectual property rights in any Content created by the User and
uploaded by the User via Namaste Health TV/NEWS.
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Namaste Health shall have the right to edit or remove the Content and
any comments in such manner as it may deem Namaste Health TV/NEWS at any
time.
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The User agrees not to upload Content which is defamatory, obscene or
objectionable in nature and Namaste Health reserves the right to remove
any Content which it may determine at its own discretion to violate
these Terms and Conditions or be violative of any law or statute in
force at the time. The User agrees to absolve Namaste Health from and
indemnify Namaste Health against all claims that may arise as a result
of any legal claim arising from the nature of the Content posted by the
User on Namaste Health TV/NEWS.
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A User may also use Namaste Health TV/NEWS in order to view original
content created by Practitioners and to create and upload comments on
such Content, where allowed.
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User acknowledges that the Content on Namaste Health TV/NEWS reflects
the views and opinions of the authors of such Content and do not
necessarily reflect the views of Namaste Health.
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User agrees that the content they access on Namaste Health TV/NEWS does
not in any way constitute medical advice and that the responsibility for
any act or omission by the User arising from the User’s interpretation
of the Content, is solely attributable to the user. The User agrees to
absolve Namaste Health from and indemnify Namaste Health against all
claims that may arise as a result of the User’s actions resulting from
the User’s viewing of Content on Namaste Health TV/NEWS.
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The User acknowledges that all intellectual property rights in the
Content on Namaste Health TV/NEWS vests with Namaste Health. The User
agrees not to infringe upon Namaste Health’s intellectual property by
copying or plagiarizing content on Namaste Health TV/NEWS. Namaste
Health reserves its right to initiate all necessary legal remedies
available to them in case of such an infringement by the User. All
comments created and uploaded by the User on Namaste Health TV/NEWS will
be the sole intellectual property of Namaste Health. The User agrees not
to post any comments on Namaste Health TV/NEWS that violate the
intellectual property of any other person. Namaste Health reserves the
right to remove any comments which it may determine at its own
discretion as violating the intellectual property rights of any other
person. The User agrees to absolve Namaste Health from and indemnify
Namaste Health against all claims that may arise as a result of any
third party intellectual property right claim that may arise from the
User’s uploading of any comment on Namaste Health TV/NEWS.
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User agrees not to post any comments which are defamatory, obscene, and
objectionable or in nature and Namaste Health reserves the right to
remove any comments which it may determine at its own discretion to
violate these Terms and Conditions or be violative of any law or statute
in force at the time. The User agrees to absolve Namaste Health from and
indemnify Namaste Health against all claims that may arise as a result
of any legal claim arising from the nature of the comments posted by the
User on Namaste Health TV/NEWS.
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Amendments to this Agreement and Changes to Applications
Namaste Health may revise these Terms and Conditions at any time by updating this
page. Changes will be binding on you on the date they are posted on the Applications
(or as otherwise stated in the any notice of such changes). Any use of an
Application will be considered acceptance by you of the then-current Terms and
Conditions (including any exhibits thereto) contained on such Application. If at any
time you find the Terms and Conditions unacceptable, you may not use the applicable
Application any longer. Any new or different terms supplied by you are specifically
rejected by Namaste Health unless Namaste Health agrees to them in a signed writing
specifically including those new or different terms. Namaste Health may change the
Applications at any time.
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Indemnity
You agree to defend, indemnify, and hold harmless Namaste Health (and its
subsidiaries, affiliates, officers, directors, employees and agents) from and
against any third party claims, actions or demands (including, without limitation,
costs, damages and reasonable legal and accounting fees) alleging or resulting from
or in connection with your use of the Applications, your use of the Services or your
breach of this Agreement. Namaste Health shall use reasonable efforts to provide
your prompt notice of any such claim, suit, or proceeding and may assist you, at
your expense, in defending any such claim, suit or proceeding.
Namaste Health reserves the rights to display sponsored ads on the Website. These
ads would be marked as “Sponsored ads”. Without prejudice to the status of other
content, Namaste Health will not be liable for the accuracy of information or the
claims made in the Sponsored ads. Namaste Health does not encourage the Users to
visit the Sponsored ads page or to avail any services from them. Namaste Health will
not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with
applicable law. Any contravention of applicable law as a result of your use of these
Services is your sole responsibility, and Namaste Health accepts no liability for
the same. Live magazines and TV will be displayed on the website for reference of
the users in accordance with applicable laws and Namaste Health accepts no liability
for the contents of magazines and TV on display.
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Payment Authorization-Fees and Purchase Terms
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By providing a credit card or other payment method accepted by Namaste
Health (“Payment Method”), you are expressly agreeing that Namaste Health is
authorized to charge to the Payment Method any fees for your use of the
Services, together with any applicable taxes. Namaste Health accepts Visa or
MasterCard debit and credit cards for payment.
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Namaste Health shall not trade with or provide any service to unauthorized
users.
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You agree to pay all fees or charges in accordance with the fees, charges,
and billing terms in effect at the time a fee or charge is due and payable.
By providing Namaste Health with your credit or debit card number and
associated payment information, you agree that Namaste Health is authorized
to immediately invoice your account for all fees and charges due and payable
to Namaste Health hereunder and that no additional notice or consent is
required. You shall be required to retain a copy of transaction records and
the policy document of Namaste Health. If your health plan, employer or
agency has arranged with Namaste Health to pay the fee or any portion of the
fee, or if the fee is pursuant to some other arrangement with Namaste
Health, that fee adjustment will be reflected in the fee that you are
ultimately charged. Please check with your employer, health plan or
insurance provider to determine if any Services will be reimbursed.
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Payment for upgrades will deducted from your credit or debit card on a pro
rata basis.
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You may pay for your Subscription fee only with credit and debit card
payments. Namaste Health will charge your credit or debit card for your
first Subscription Fee on the date that we process your order for your
Subscription. Once your credit or debit card is charged the first
Subscription Fee, Namaste Healthwill begin provisioning your account.
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Once the payment is made, the confirmation notice will be sent to the youvia
email within 24 hours of receipt of payment.
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If all payment methods submitted by you are declined for payment of your
Subscription Fee, your Subscription will be cancelled. If you provide
Namaste Health with new payment details and you are successfully charged,
your Subscription Period will be based on the original renewal date and not
the date of the successful charge.
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If you do not have insurance coverage for Services, or if your coverage is
denied, you acknowledge and agree that you shall be personally responsible
for all incurred expenses. Namaste Health offers no guarantee that you shall
receive any such reimbursement. Namaste Health reserves the right to modify
or implement a new pricing structure at any time prior to billing you for
your initial payment or for future payments due pursuant to these Terms of
Use.
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You shall be solely responsible to maintain the confidentiality of your bank
accounts and Namaste Health shall not be liable for any kind of theft or
misuse of the same or any loss or damage arising out of or in relation to
the use of your account.
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Records
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It is your responsibility to keep your correct mobile number and email ID
updated in the Records if any applicable. The Health Records (if any applicable)
will be sent to the Records associated with this mobile number and/or email ID.
Every time you change any contact information (mobile or email), we will send a
confirmation. Namaste Health is not responsible for any loss or inconvenience
caused due to your failure in updating the contact details with Namaste Health .
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Namaste Health does not guarantee to prevent unauthorized access if you lose
your login credentials or they are otherwise compromised. In the event you are
aware of any unauthorized use or access, you shall immediately inform Namaste
Health of such unauthorized use or access. Please safeguard your login
credentials and report any actual suspected breach of account to support@namastehealth.in.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, Namaste Health , or any of
its directors, officers, employees, agents or content or service providers
(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/mobile application or the content, materials and functions related
thereto, the Services, User’s provision of information via the Website/mobile
application, lost business or lost End-Users in no event shall the Namaste
Healthbe liable for:
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provision of or failure to provide all or any service by Practitioners
to End- Users contacted or managed through the Website/mobile
application;
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any content posted, transmitted, exchanged or received by or on behalf
of any User or another person on or through the Website/Mobile
application;
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any unauthorized access to or alteration of your transmissions or data;
or
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any other matter relating to the Website/Mobile application or the
Service.
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In no event shall Namaste Health has any liability to a User arising
from this Agreement or a User’s use of the Namaste Health Website/Mobile
application or the Services.
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Rentention and Removal
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Namaste Health may retain such information collected from Users from its
Website/Mobile application or Services for as long as necessary, depending on
the type of information; purpose, means and modes of usage of such information;
and according to the Rules. Computer web server logs may be preserved as long as
administratively necessary.
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Application law and dispute settlement
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You agree that this Agreement and any contractual obligation between Namaste
Health and User will be governed by the laws of India.
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Any dispute, claim or controversy arising out of or relating to this Agreement,
including the determination of the scope or applicability of this Agreement to
arbitrate, or your use of the Website/mobile application or the Services or
information to which it gives access, shall be determined by arbitration in
India, before a sole arbitrator appointed by Namaste Health. Arbitration shall
be conducted in accordance with the Arbitration and Conciliation Act.
The seat of such arbitration shall be Mumbai. All proceedings
of such arbitration, including, without limitation, any awards, shall be in the
English language. The award shall be final and binding on the parties to the
dispute.
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Subject to the above Clauses above, the courts at Mumbai shall have exclusive
jurisdiction over any disputes arising out of or in relation to this Agreement,
your use of the Website/mobile application or the Services or the information to
which it gives access.
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Contact Information Grievance Officer
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If a User has any questions concerning Namaste Health , the Website/Mobile
application, this Agreement, the Services, or anything related to any of the
foregoing, Namaste Health customer support can be reached at the following email
address: support@namastehealth.in or via the contact information
available from the following hyperlink: www.namastehealth.in.
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In accordance with the Information Technology Act, 2000, and the rules made
there under, if you have any grievance with respect to the Website/mobile
application or the service, including any discrepancies and grievances with
respect to processing of information, you can contact our team at support@namastehealth.in.
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Severability
If any provision of the Agreement is 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.
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Waiver
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 Namaste Health. Any
consent by Namaste Health to, or a waiver by Namaste Health 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.
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DND Policy
*I/you agree to be contacted by Namaste Health over phone and email. I/you do not
have any objection to receiving emails, messages (SMS or any other mode) and calls
from Namaste Health . This consent shall supersede any preferences set through Do
Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
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Ownership
The all Contents and rights therein, are and shall remain Namaste Health’s property.
Neither these Terms nor your use of the Namaste Health App convey or grant to you
any rights to use or reference in any manner Namaste Health.
You agree to indemnify and hold Namaste Health (which in this Section includes its
directors, officers, employees, agents and shareholders) harmless from any and all
claims, demands, losses, liabilities, and expenses.
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Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of
these terms or our privacy policy due to any event or occurrence beyond our
reasonable control, including without limitation, acts of God, terrorism, war,
invasion, failures of any public networks, electrical shortages, earthquakes or
floods, civil disorder, strikes, fire or other disaster.