Telemedicine Consultation Policy
- Continental Hospitals is offering clinical consultation services via tele-medicine platform. Tele-medicine means ‘The delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities.
- Availability of consultation services for various specialties will be listed on the hospital website. Consultation services will be subject to availability of specific doctor. Consultation time provided shall be indicative and actual consultation time may vary.
- The Services with respect to a specific doctor/ physician shall be available subject to his/ her availability. Confirmation of your appointment with a specific doctor/ physician, as per his/ her availability, shall be sent to you via SMS and/ or e-mail. Continental Hospitals reserves the right to reschedule or cancel an appointment without any prior notice.
- General Terms
- You confirm that you are 18 years or older, competent and eligible to avail consultation with a doctor as per prevailing laws.
- You shall submit/ upload/ share relevant personal and clinical information with Continental Hospitals for seeking appropriate advice related to the condition. This information shall include patient’s details including demographic details like name, age, gender, address, clinical history, investigations results, reports, earlier prescriptions, contact details, card holder’s name and other relevant details.
- You are advised to submit/ upload/share all relevant, complete and accurate information with Continental Hospitals for availing the telemedicine services. If the information provided by you is found to be incomplete/ false/ deceptive/ inaccurate or misleading, Continental Hospitals reserves the right to cancel your appointment without assuming any liability whatsoever.
- You hereby consent for audio- video recording of tele-medicine consult.
- Payment, Refund & Cancellation Policy:
- Continental Hospitals offers online mode of payment, hence, you may use internet banking or debit/ credit card for making payment of the Service Fees. A payment link will be shared with you to make the payment to book an appointment.
- Continental Hospitals shall not be liable in any manner whatsoever, if incorrect or inaccurate credit/ debit card details are provided by you for making the payment of the Service Fees or you use a credit/ debit card which is not lawfully owned by you or if you permit a third party to use your password or other means to access your account.
- Refunds may be made on your request in case an appointment is cancelled either by Continental Hospitals. No refund request is admissible if you are not available at the scheduled appointment time and/ or do not connect with doctor via tele-medicine platform. Refunds may be processed within 15 working days from the receipt of a request from you.
- User agrees that Continental Hospitals, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate his / her account (or any part thereof) or use of the services and at any time discontinue providing access to the services, or any part thereof, with or without notice and Continental Hospitals will not be liable to user or any third party for such termination or discontinuation of services. Upon termination or discontinuation of services for any reason, user agrees to immediately stop using the services.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Continental Hospitals, or any of its Registered Medical Practitioners providing healthcare using the telemedicine platform, 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 Mobile apps/ Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Mobile apps/ 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 telemedicine service by Practitioners to End- Users contacted or managed through the telemedicine Mobile apps/ Website.
- any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the telemedicine Mobile apps/ Website.
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to the Mobile apps/ Website or the Service.
- In no event shall the total aggregate liability of the Continental Hospitals to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this arrangement, or telemedicine facility or a User’s use of the Mobile apps/ Mobile apps/ Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only) and according to the extant Laws and governing guidelines.
RETENTION AND REMOVAL
Continental Hospitals may retain such information collected from Users from its telemedicine Mobile apps/ Website 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 extant Laws and governing guidelines.
APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree that this arrangement, telemedicine facility and any contractual obligation between Continental Hospitals, alongwith the Registered Medical Practitioners providing healthcare using the telemedicine platform and the User will be governed by the laws of India, including the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, Telemedicine Practice Guidelines issued by the “Board of Governors in Supersession of the Medical Council of India” and the advisories, orders, notices issued by the respective State Medical Councils and the State Governments, for providing healthcare to the needy using Telemedicine in the setting of Novel Corona Virus Pandemic, The Indian Medical Council Act 1956, The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and the applicable rules, regulations, guidelines and clarifications framed there under;
- Any dispute, claim or controversy arising out of or relating to this arrangement, telemedicine facility and any contractual obligation, shall be determined by arbitration in India, before a sole arbitrator appointed by Continental Hospitals. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The seat of such arbitration shall be Hyderabad. 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.
- Subject to the above clause, the courts at Hyderabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this facility and arrangement, your use of the telemedicine Mobile apps/ Website or the Services or the information to which it gives access.
CONTACT INFORMATION GRIEVANCE OFFICER
- If a User has any questions concerning the telemedicine Mobile apps/ Website, this arrangement, facility the Services, or anything related to any of the foregoing, Continental Hospitals “customer support” can be reached at the following email address: email@example.com.
- In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the telemedicine Mobile apps/ Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: firstname.lastname@example.org.
If any provision of these terms and conditions, arrangement or facility is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded and the remainder of the said terms 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 said terms 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 arrangement, terms and conditions, telemedicine facility shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Continental Hospitals. Any consent by Continental Hospitals to, or a waiver by Continental Hospitals 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.