TERMS AND CONDITIONS

 

1. NATURE AND APPLICABILITY OF TERMS

1.1 Assista Health Services LLP, incorporated pursuant to section 12(1) of the Limited Liability Partnership Act, 2008 on behalf of itself under the brand "Assista" (“Assista”), is the author and publisher of an internet-based portal www.assistahealth.in, ‘Assista’ web application, and associated Services (hereinafter referred to as “Assista” or “We” or “Our” or “Us” or “Company”).

 

1.2 Please carefully go through these terms and conditions (“Terms and Conditions”) and the privacy policy (“Privacy Policy”) available at https://www.assistahealth.in before you decide to access the Website or avail of the services made available on the Website by Assista. By accessing or using this internet-based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet-based platform.

 

1.3 Your access or use of the Website, transaction on the Website and use of Services through Website (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms and Conditions”), including the applicable Privacy Policy. These Terms and Conditions, and the Privacy Policy together constitute a legal agreement (“Agreement”) between you (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) on one part and Assista on the other Part.

 

1.4 By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy. and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

 

1.5 The Agreement applies to you whether you are:

1.5.1 A third-party service provider including (i) Offering medical consultancy services as a third-party independent doctor (“Medical Practitioner”) (ii) Dispensing of pharmaceutical products as a third-party pharmacy (“Third-Party Pharmacies”); (iii) Diagnostic services being offered as a third-party diagnostic centre (“Third-Party Labs”). The Third-Party Pharmacies, Third-Party Labs, and Medical Practitioner are collectively referred to as the “Third-Party Service Providers” “You” or “Your” or “Yourself” or “User” (The services provided by Third Party Service Providers are collectively referred to as the “Third-Party Services”)

1.5.2 A patient, his/her representative, or affiliates, benefited from healthcare services through the Website ("End User", "You" or 'Your") or

1.5.3 Otherwise, a user of the Website (“You” or “User”)

 

1.6 The arrangement between the Third-Party Service Providers, You and Us shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time, (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). To facilitate the relation between You and the Third-Party Service Providers through the Website, Assista shall send to You (service, utility as well as promotional content including but not limited to emailers, notifications, and messages).

 

1.7 You agree and acknowledge that the Website is a platform that You and Third-Party Service Providers utilize to meet and interact with another for their services and transactions. Assista is not and cannot be a party to or save as except as may be provided in these Terms and Conditions, control in any manner, any service and transaction between You and the Third-Party Service Providers.

 

1.8 Assista reserves the right to change or modify these Terms and Conditions or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

 

1.9 As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Assista that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

 

1.10 These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

a) The Indian Contract Act, 1872 (“Contract Act”)

b) The (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, 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 (“IG Guidelines”)

c) The Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”)

d) The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957

e) The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”)

f) The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020

g) the Telemedicine Guidelines part of the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation, 2002

 

1.11 Assista authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering, and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content, contains Third-Party Service Providers’ content (“Third Party Content”) as well as in-house content provided by Assista including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals (“Assista Content”) (collectively, “Content”). The Assista Content is the property of Assista and is protected under patent, copyright, trademark, and other applicable law(s). You shall not modify the Assista Content or reproduce, display, publicly perform, distribute, or otherwise use the Assista Content in any way for any public or commercial purpose or for personal gains.

 

1.12 Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

 

1.13 These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

 

2. ELIGIBILITY

2.1 For the purposes of availing the Services through the Website, You are required to obtain registration, in accordance with the procedure established by Assista in this regard. As part of the registration process, Assista may collect the following personal information from You:

a) Name

b) Email address

c) Address (including ZIP/ postal code)

d) Gender

e) Date of Birth

f) Contact Number

g) Password chosen by the user and security answer

h) Valid financial account information

i) Educational/Professional Details

j) Other details as You may volunteer

 

2.2 The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to Assista that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

 

2.3 A registered id can only be utilized by the person whose details have been provided and Assista does not permit multiple persons to share a single log in/ registration id. However, a registered user, being also a parent, caretaker or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.

 

2.4 Organizations, companies, and businesses may not become registered members on the Website or use the Website through individual members.

 

2.5 You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify Assista if You discover or otherwise suspect any security breaches relating to the Website; (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access; (vii) Any communication from Assista shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate and (viii) You shall be solely responsible to update your registered mobile number and/or email address on the Website in the event there is a change.

 

2.6 You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. Assista will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website.

 

2.7 The Website may use temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Assista for the technical administration of the Website, research, and development, and for User administration. Assista does not store personally identifiable information in the cookies.

 

2.8 Assista, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while Assista investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

 

 

3. USE OF WEBSITE

3.1 For End User

3.1.1 End user account and Data privacy

3.1.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.1.1.2 Assista may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Assista’s services and to build new services.

3.1.1.3 The Website allows Assista to have access to registered Users’ personal email or phone number, for communication purpose.

3.1.1.4 The Privacy Policy sets out, inter-alia:

a) The type of information collected from Users, including sensitive personal data or information,

b) The purpose, means and modes of usage of such information,

c) How and to whom Assista will disclose such information; and,

d) Other information mandated by the SPI Rules.

3.1.1.5 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:

a) The fact that certain information is being collected,

b) The purpose for which the information is being collected,

c) The intended recipients of the information,

d) The nature of collection and retention of the information,

e) The name and address of the agency that is collecting the information and the agency that will retain the information,

f) The various rights available to such Users in respect of such information.

3.1.1.6 Assista 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 Assista or to any other person acting on behalf of Assista.

3.1.1.7 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. 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 Assista of any actual or suspected unauthorized use of the User’s account or password. Although Assista will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Assista or such other parties as the case may be, due to any unauthorized use of your account.

3.1.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Assista has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Assista has the right to discontinue the Services to the User at its sole discretion. Assista may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.1.9 As a part of service, Assista may contact you on behalf of Third-Party Service Providers for sole purpose of collecting health related updates including but not limited to disease outcome, treatment compliance, reason for non-compliance if any, etc.

3.1.1.10 Assista may contact you apart from Third-Party Service Providers request for administrative related tasks including but not limited to appointment reminders, medicine refilling reminders, lab test reminders, resolving any technical issues, etc.

3.1.1.11 You may contact Assista through call or messaging for support related to services provided through Website. The contact details and timings were provided on the Website and can change without prior notification.

3.1.1.12 If a You are dissatisfied with the Website, Your sole remedy is to discontinue using the Website.

 

3.1.2 Health Account

Assista provides End-Users with a free facility known as ‘Health Account’ on its Assista application. Account created for you is of two types:

a) Account created by You: An account created by end-user to avail services through Assista website or application

b) Account created by Healthcare Professionals: An account created during interaction with a Healthcare professional including Third-Party Service Providers who use Assista application or other services of Assista.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

3.1.2.1 An account can only be created by you after you have signed up and explicitly accepted these Terms.

3.1.2.2 Any account created by Healthcare Professionals is on an as-is basis at the sole intent, risk, and responsibility of the Healthcare Professionals and Assista does not validate the said information and makes no representation in connection therewith. You should contact the relevant Healthcare Professionals in case you wish to point out any discrepancies or add, delete, or modify the Health Account in any manner.

3.1.2.3 The Health Account is created on an as-is basis. While we strive to maintain the highest levels of service availability, Assista is not liable for any interruption that may be caused to your access of the Services.

3.1.2.4 Assista creates a unique Patient ID either an account created by you or a healthcare professional. The Patient ID is linked with your mobile number that is provided to your Healthcare Professional. The Patient ID is shared on the same mobile number in the form of a text message after every interaction with the Healthcare Professionals.

3.1.2.5 The Health Account is shared with the mobile numbers that are provided by your Healthcare Professional. Assista is not responsible for creating Health Account with incorrect numbers if those incorrect numbers are provided by the Healthcare Professional.

3.1.2.6 The reminder, notification, recommendation, or any communication provided for your Health Account is only a supplementary way of reminding you to perform your activities as specified by your healthcare professional. In the event of any medicine reminders provided by Assista, you should refer to your prescription before taking any medicines. Assista is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch them off through the Assista app.

3.1.2.7 It is your responsibility to keep your contact details updated in the Health Account. Any communications corresponding to the health account will be sent to these contact details. Assista is not responsible for any loss or inconvenience caused due to your failure to update the contact details with Assista.

3.1.2.8 Assista uses industry–level security and encryption to your health data. However, Assista 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 Assista of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@assistahealth.in.

3.1.2.9 If you access your dependent's or family member's Health Account through your own health account, you are deemed to be responsible for the Health Account of your dependents and all obligations that your dependents or family members would have had, had they maintained their own separate individual Health Account. You agree that it shall be your sole responsibility to obtain prior consent of your dependent or family member and shall have the right to share, upload, and publish any sensitive personal information of them. Assista assumes no responsibility for any claim, dispute, or liability arising in this regard, and you shall indemnify Assista and its officers against any such claim or liability arising out of unauthorized use of such information.

3.1.2.10 In case you want to delete your Health Account, you can do so in application. However, only your account will be deactivated, and your Health Records stored by your Healthcare Professionals will continue to be stored in their respective accounts.

3.1.2.11 You may lose your health records, if the data is not synced with the server.

3.1.2.12 Assista is not liable if for any reason, Health Account is not accessible to you or late accessible despite its best efforts.

3.1.2.13 Assista is not responsible or liable for any content, fact, health records, medical deduction or the language used in your Health Account whatsoever. You and your healthcare professional are solely responsible and liable for your Health Account and any information provided to us including but not limited to the content in them.

3.1.2.14 Assista has the ability in its sole discretion to retract Health Account without any prior notice if they are found to be shared incorrectly or inadvertently.

3.1.2.15 Assista will follow the law of land in case of any constitutional court or jurisdiction mandates to share the patient details for any reason.

3.1.2.16 You agree and acknowledge that Assista may need to access the Health Account for cases such as any technical or operational issue of the End User in access or ownership of the Records.

3.1.2.17  You acknowledge that the Healthcare Professionals you are visiting may engage Assista’s software or third-party software for the purposes of the functioning of the business and Assista’s services including but not limited to the usage and for storage of health records in India and outside India, in accordance with the applicable laws.

3.1.2.18 To the extent that your records have been shared with Assista or stored on any of the Assista’s products used by Healthcare Professionals you are visiting, and may in the past have visited, You hereby agree to the storage of your records by Assista pertaining to such previously visited clinics, hospitals, pharmacy, diagnostic centre who have tie ups with Assista for the purposes of their business and for Assista’s services including but not limited to the usage and for storage of records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Assista, to the mapping of such records as may be available in Assista’s database to your User account.

 

3.1.3 No Doctor-Patient Relationship

3.1.3.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be provided through the Website (including information provided in direct response to your questions or postings) may be provided by Third-Party Service Providers or Assista.

3.1.3.2 The provision of such Information does not create a licensed medical professional/patient relationship, between Assista 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 healthcare professional.

3.1.3.3 It is hereby expressly clarified that, the Information that you obtain or receive from Assista, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided through the Website. 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.

3.1.3.4 The Services are not intended to be a substitute for getting in touch with emergency healthcare. In case of any medical emergency, You should call Your nearest doctor/hospital or any related helpline and seek immediate medical assistance without any delay and should under no circumstances, delay seeking advice from Your nearest doctor/hospital on account of something that You may have heard/viewed on the Website.

 

3.2 For Medical Practitione

3.2.1 Assista’s relevance algorithm for the Medical Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Assista. Assista will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users. Such factors may change from time to time, in order to improve the listing algorithm. Assista in no event will be held responsible for the accuracy and the relevancy of the listing order of the Medical Practitioners on the Website.

3.2.2 Assista collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Assista takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Assista screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.2.3 The Services provided by Assista or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Assista does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Assista does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Assista disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations, and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Assista or any User in relation to any User or services provided by such User.

3.2.4 The Website may be linked to the website of third parties, affiliates, and business partners. Assista has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our website. Inclusion of any link on the Website does not imply that Assista endorses the linked site. User may use the links and these services at User’s own risk.

3.2.5 Assista assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

3.2.6 If Assista determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Assista reserves the right to immediately suspend your access to the Website or any of your accounts with Assista and makes such declaration on the website alongside your name/your clinic’s name as determined by Assista for the protection of its business and in the interests of Users. You shall be liable to indemnify Assista for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Assista or its Users.

 

 

4. FIND A DOCTOR

4.1 Assista enables Users to connect with Medical Practitioners through an appointment booking facility via Website.

4.2 Assista will ensure Users are provided confirmed appointment on the appointment booking facility. However, Assista has no liability for proceeding with the consultation, if such an appointment is later cancelled by the Medical Practitioner, or the same Medical Practitioner is not available for appointment. Assista will refund the appointment fees as per refund policy.

4.3 The results of any search Users perform on the Website for Medical Practitioners should not be construed as an endorsement by Assista of any such particular Medical Practitioner. If the User decides to engage with a Medical Practitioner to seek medical services, the User shall be doing so at his/her own risk.

4.4 Without prejudice to the generality of the above, Assista is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Medical Practitioner. User understands and agrees that Assista will not be liable for:

a) User interactions and associated issues User has with the Medical Practitioner,

b) the ability or intent of the Medical Practitioner(s) or the lack of it, in fulfilling their obligations towards Users,

c) any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s),

d) inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Medical Practitioner to provide agreed Services,

e) any misconduct or inappropriate behaviour by the Medical Practitioner or the Practitioner’s staff,

f) cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

4.5 Users are allowed to provide feedback about their experiences with the Medical Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Assista 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.

 

 

5. TELECONSULTATION SERVICES

Assista is providing facility to the patient to online medical teleconsultation services through third-party independent doctor (“Medical Practitioner”) through https://www.assistahealth.in and the mobile application ‘Assista’ (together, “Website”). The terms mentioned hereunder the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Assista in relation to the Services (as defined below).

5.1 These terms apply to:

a) A patient, his/her representatives, or affiliates including third-party pharmacies and third-party labs, seeking healthcare services including searching for Medical Practitioners through the Website (“End-User”, “you” or “User”); or

b) Otherwise, a user of the Website (“you” or “User”)

c) Online medical teleconsultation services provided by Assista through its Medical Practitioner on the Website (“Services”). The Services may change from time to time, at the sole discretion of Assista, and the Agreement at the time will apply to you for availing the Services.

 

5.2 The Users expressly understand, acknowledge, and agree to the following set forth herein below:

5.2.1 The Medical Practitioner is assigned by Assista based on selected search parameters available on the Website/platform.

5.2.2 In case any prescription is being provided to the User by the Medical Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Medical Practitioners be relied upon as a final and conclusive solution.

5.2.3 The Users agree to use the advice from Practitioner on the Website subject to:

a) an ongoing treatment with their medical practitioner,

b) a condition which does not require emergency treatment, physical examination, or medical attention,

c) medical history available as records with them for reference,

d) a record of physical examination and report thereof with them, generated through their local medical practitioner,

e) consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

5.2.4 The User agrees that by using Teleconsultation, the Medical Practitioners will not be conducting physical examination of the Users, hence, they may not have or be able to gain important information that is usually obtained through a physical examination. User acknowledges and agrees that he/she is aware of this limitation and agrees to assume the complete risk of this limitation.

5.2.5 The User understands that Teleconsultation shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Medical Practitioner is based on general medical conditions and practices prevalent in India, and to the best of his knowledge and ability, and not for conditions which are territory specific i.e., for regions other than India, irrespective of location where the User is procuring medical services or engaging in communication with the Medical Practitioner.

5.2.6 During the consultation and thereafter, the Medical Practitioner may upload the prescription/health records of the User on the account of the User on the Website for access by the User. However, it is expressly clarified that for Users who are not located within India and using Teleconsultation, the Medical Practitioner may or may not issue a prescription, at his sole discretion.

5.2.7 The User hereby agrees to Assista’s health assistant team carrying out follow-ups for his/her consultations with the Medical Practitioner to improve treatment quality, user experience, and other related processes. The User acknowledges that the mode of follow-up may include texts, messages, and audio calls. It could inter alia include User's personal information, including sensitive personal information. This personal information will be processed in accordance with the Privacy Policy.

5.2.8 User shall refrain from raising any personal queries or seeking advice from Medical Practitioner which are not related to a specific disease / medicine/medical condition.

5.2.9 Users shall not use abusive language with the Medical Practitioner. In the event of an abuse from the User is reported by a Medical Practitioner, Assista reserves the right to terminate the Service and shall not provide such Services in future. Assista is not responsible for honouring any refund request towards his/her consultation paid to Assista.

5.2.10 Users may share images of the affected areas of their body parts with the Medical Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images.

5.2.11 Users shall ensure that any interaction/communication with the Medical Practitioners, including sharing images of the body parts, shall be only through the Website. The Users shall not rely on any other external modes of communication for interacting/communicating with the Medical Practitioners.

5.2.12 Users shall be prepared to share all relevant documents or reports to the Medical Practitioner promptly upon request.

5.2.13 For every paid teleconsultation, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation, such consultations will not be addressed by the relevant Medical Practitioner.

5.2.14 Users shall not persuade Medical Practitioners to prescribe drugs (including higher dose strength) that do not conform to the regulations under the Telemedicine Guidelines. The restricted drugs are as follows:

a) Medication for Medical Termination Pregnancy (MTP)

b) Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.

5.2.15 If restricted drugs are indicated for treatment or management of a disease or condition by a Medical Practitioner, the User shall physically visit the Medical Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.

5.2.16 User understands and agrees to provide accurate information and will not use the Services for any acts that are considered to be illegal in nature.

5.2.17 The User agrees and understands that the transaction with the Medical Practitioner and Assista are subject to jurisdiction of Indian laws and that any claim, dispute, or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Medical Practitioner is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Medical Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Medical Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Medical Practitioner, in any manner whatsoever.

5.2.18 The User shall indemnify and hold harmless Assista 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 or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

5.2.19 The User shall make payment using the payment gateway to make payments online, solely at User's discretion. Should there be any issues with regard to the payment not reaching the Assista account, the User may contact Assista support team at support@assistahealth.in

Teleconsultation is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Medical Practitioner is unable to diagnose the patient online and 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 or/and in-person consultation whether the same is with the Medical 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, Assista shall not be held liable. Teleconsultation is a mode available to Users to assist them to obtain consultation from Medical Practitioners and does not intend to replace the physical consultation with a medical practitioner.

 

5.3 Any consultation services availed through the Website are fulfilled by third-party independent doctor / Medical Practitioner. These Medical Practitioner are not related to the Company but merely provide their services to You with Your consent. The Company hereby explicitly states that it does not provide any kind of telemedical consultation to its Users/You.

 

5.4 Assista reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice at any time, and to exercise any other remedy available under law.

 

 

6. ORDER MEDICINES

6.1 The Website is a platform that facilitates, as an intermediary, the online requisition by the User for purchase of medicines and services offered by registered Third-Party Pharmacies. The sale & purchase / transaction between the Third-Party Pharmacies and User, of Products and Services, facilitated by the requisition placed by You on the Website shall be governed by these Terms. Assista is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and the third parties.

 

6.2 Assista merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website.

 

6.3 The authenticity, accuracy or genuineness of the Products and Services made available by Third-Party Pharmacies through the Website shall be the sole responsibility of the Third-Party Pharmacies. Assista shall have no liability with respect to the authenticity of the Products and Services being facilitated through the Website.

 

6.4 Assista does not take any representation or warranty as to legal title of the Products and Services offered for sale by Third-Party Pharmacies through the Website.

 

6.5 The right, title, claim or interest in the products sold through the Website shall not vest with Assista and Assista shall not have any obligations or liabilities in respect of any transactions on the Website.

 

6.6 Assista is not responsible for delayed performance, non-performance or breach of contract entered into between User and Third-Party Pharmacies for purchase and sale of goods or services offered by such Third-Party Pharmacies through the Website; The Company gives no guarantee that the concerned Third-Party Pharmacies will perform any transaction concluded on the Website.

 

6.7 Assista is not responsible for the Products and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website after the order placed by you.

 

6.8 In order to purchase drugs and pharmaceutical products that require a valid prescription, You are required to select the existing prescription or upload a scanned copy of the valid prescription on the application. Third-Party Pharmacies shall share the availability of medicines and an estimated cost with you. You need to provide the confirmation to dispense the medicines. Third-Party Pharmacies, with respect to any drugs or pharmaceutical products, may dispense only those quantities as are specified in the prescription. Third-Party Pharmacies will verify the prescription forwarded by You and in case of any discrepancy observed by Third-Party Pharmacies, the order may be cancelled by Third-Party Pharmacies. The delivery of your order is not in the Company’s control and the Company shall not be responsible for any delay.

 

6.9 Upon acceptance of the confirmation from You by Third-Party Pharmacies, the Products and Services would be dispensed at the pharmacy. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of Third-Party Pharmacy, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Products and Services ordered by You shall stand immediately transferred to You upon the dispensation of Products and Services and the raising of the invoice at the concerned Third-Party Pharmacies. Accordingly, the sale of Products and Services is concluded at the concerned Third-Party Pharmacies itself. The final invoice in relation to the Products and Services, that are required to be delivered to You shall be issued by the concerned Third-Party Pharmacies which is to process and satisfy the order for such Products and Services.

 

6.10 All commercial terms such as price, delivery, dispatch of Products and/or services are as per principal-to-principal bipartite contractual obligations between User and Third-Party Pharmacy. Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the products or services that are offered through Company's Website. Assista does not guarantee the identity of any Third-Party Pharmacies, nor does it ensure that a User or a Third-Party Pharmacies will complete a transaction.

 

6.11 You, as a User, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with the third party to purchase the Products and /or Services from Third-Party Pharmacies on a cash on delivery basis or such other mode as may be specified by Company.

 

6.12 You, as a User, shall hand over a copy of the prescription, at the time of delivery, for the delivery of Products which as per law requires a valid prescription signed by a medical practitioner. You acknowledge that delivery of such Products shall be made only if the third party or its agent/employee is satisfied that the prescription is in compliance with applicable laws and norms.

 

6.13 Cancellation, Returns and Refund Policy:

6.13.1 Cancellation Policy

An order for medicines can be cancelled from the ‘Status screen on the Assista app, before it is marked as “Dispatched” Else, you can refuse it at the time of delivery.

6.13.2 Return Policy

6.13.2.1 The return window ranges from 0-7 days from the date of delivery. You can raise a return request within this time frame by contacting on support@assistahealth.in. As per terms offered by all the sellers on the Platform, the products shall not be eligible for a return under the following circumstances:

a) If the item has been opened, partially used or disfigured. The user is strongly advised to check the package carefully at the time of acceptance of products by the user from the user’s delivery agent,

b) If the product has been tampered with,

c) If the product packaging and/or packaging box and/or packaging seal has been tampered with. The user is strongly advised to check the package carefully at the time of acceptance of products by the user from the user’s delivery agent and it is emphasized that the user should not accept the order if the package appears to be tampered,

d) If it is mentioned on the product detail page that the product is non-returnable,

e) Any accessories/freebies supplied with the product are missing,

f) If the product does not have serial number / UPC number/ barcode affixed, which was present at the time of acceptance of products by the user from the user’s delivery agent,

g) Any damage/defect which is not covered under the manufacturer's warranty,

h) The product is without original packing and accessories/freebies,

i) If the product is damaged due to misuse,

j) Products related to personal care, baby care, food & nutrition, healthcare devices, covid essential products including but not limited to masks and gloves, sexual wellness products including but not limited to condoms, pregnancy/fertility kits, any other products such as but not limited to diapers, health drinks, health supplements, glucometers, glucometer strips/lancets, health monitors, etc. Additionally, we do not take return of certain items such as sexual wellness products, diapers, etc. However, the Company shall accept return if aforementioned products are defective, deficient or spurious or not of the characteristics or features as advertised or if they are delivered late.

6.13.2.2 Please keep the return package ready in its original packaging with all the labels intact. You are also requested to keep a copy of the invoice/ bill from the seller handy for verification.

 

6.13.3 Refund Policy

6.13.3.1 The same Third-Party Pharmacy who has dispensed the medicines to you will contact you to verify the return product. Refund will be paid by Third-Party Pharmacy only after post successful verification and at discretion of Third-Party Pharmacy within five (5) business days.

6.13.3.2 You understand and acknowledge that we reserve the rights to claim back any refund that has been processed by us as a result of fraudulent activities such as return of wrong products or wrong quantity of the products.

 

6.14 The Products and Services shall be delivered by the Third-Party Pharmacies or independent contractors. You accept and acknowledge that the courier/ delivery personnel, engaged by Third-Party Pharmacies or the Company, shall be Your Agent for the delivery of the Products and Services from the concerned Third-Party Pharmacies to the address notified by You, with no control over the Products and Services and no additional obligation apart from standard delivery obligations and duty of care. You further agree and acknowledge that such courier/ delivery personnel acts as Your agent for collecting the medicines from Third-Party Pharmacies. The services are being undertaken by Your Agent with Your consent and therefore the Company is merely facilitating this, and will have no liability or responsibility in this regard.

 

 

7. BOOK LAB TESTS

7.1 The Website is a platform that facilitates, as an intermediary, the online requisition by the User to avail lab test and services offered by registered Third-Party Labs. Third-Party Labs are responsible for providing services (including allied services such as sample collection, conducting tests, generating reports, etc) to the Users in regards to the diagnostic test/ package facilities availed by them through the Website. The sale & purchase / transaction between the Third-Party Labs and User, of Test and Services, facilitated by the requisition placed by You on the Website shall be governed by these Terms. Assista is not and cannot be a party to or save as except as may be provided in these Terms, control in any manner, any transaction between You and the third parties.

 

7.2 Assista merely provide hosting and technology intermediary services to You and persons browsing/ visiting the Website. Further, Assista shall in no event be responsible for services (including allied services such as the sample collection, conducting tests, generating reports etc) provided. User and the Third-Party Labs agree to use of the Website only for purposes that are permitted by: (a) these Terms; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

 

7.3 The authenticity, accuracy or genuineness of the Tests and Services made available by Third-Party Labs through the Website shall be the sole responsibility of the Third-Party Labs. Assista shall have no liability with respect to the authenticity of the Tests and Services being facilitated through the Website.

 

7.4 Assista does not take any representation or warranty as to legal title of the Tests and Services offered for sale by Third-Party Labs through the Website.

 

7.5 The right, title, claim or interest in the products sold through the Website shall not vest with Assista and Assista shall not have any obligations or liabilities in respect of any transactions on the Website.

 

7.6 Assista is not responsible for delayed performance, non-performance or breach of contract entered into between User and Third-Party Labs for purchase and sale of tests or services offered by such Third-Party Labs through the Website; The Company gives no guarantee that the concerned Third-Party Labs will perform any transaction concluded on the Website.

 

7.7 Assista is not responsible for the Tests and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website after the order placed by you.

 

7.8 In order to book lab tests that require test suggestions or test details or a test request form (Test Form), You are required to select the existing Test Form or upload a scanned copy of the Test Form on the application. Third-Party Labs shall share the availability of tests and an estimated cost and instruction to follow for tests with you. You need to provide the confirmation to proceed for testing.

 

7.9 Upon acceptance of the confirmation from You by Third-Party Labs, the Tests and Services would be performed at the Lab. Notwithstanding anything to the contrary contained herein, Third-Party Labs alone shall be liable for Third-Party Labs’ dealings and interaction with the Users who avail the services of the Third-Party Labs contacted or managed through the Website and the Company shall have no liability or responsibility in this regard. The final invoice in relation to the Tests and Services, that are required to be delivered to You shall be issued by the concerned Third-Party Lab which is to process and satisfy the order for such Tests and Services.

 

7.10 All commercial terms such as price, analysis, completion of Tests and/or services are as per principal-to-principal bipartite contractual obligations between User and Third-Party Lab. Your relationship with Company is on a principal-to-principal basis and by accepting these Terms You agree that Company is an intermediary for all purposes and does not have control of or liability for the tests or services that are offered through Company's Website. Assista does not guarantee the identity of any Third-Party Labs, nor does it ensure that a User or a Third-Party Labs will complete a transaction.

 

7.11 You, as a User, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with the third party to book the Tests and /or Services from Third-Party Labs on a cash on delivery basis or such other mode as may be specified by Company.

 

7.12 Cancellation and Refund Policy:

7.12.1 Cancellation Policy

A diagnostic/ lab test can be cancelled anytime unless it is marked ‘Sample Collected’             by the third-party lab. Else, you can refuse sample pick up at the collection location.

7.12.2 Refund Policy

a) If the Third-Party Lab has rejected the order and unable to provide you the test results, then you are entitled to get the complete refund. The order status will reflect as ‘Rejected’ in the application. You can raise a refund request within five (5) days from the occurrence of such event by contacting us at support@assistahealth.in.

b) Refund will be paid by the same Third-Party who has collected the sample from you and at discretion of Third-Party Lab within five (5) business days.

c) You understand and acknowledge that we reserve the rights to claim back any refund that has been processed by us as a result of fraudulent activities.

 

 

8. PATIENT SUPPORT PRSOGRAM (PSP)/ PATIENT ASSISTANCE SERVICE

8.1 The Company provides services through the Platform and facilitates the End-Users to avail personalized health condition or disease management support directly through a Medical Practitioner or via Assista’s Health Assistant.

8.2 The Program is designed with the objective of providing holistic health condition or disease management support to the Users, which shall help the Users in enhancing their well-being.

8.3 The Program may include with suggestions, opinions, or statements (collectively referred to as “follow-up”) from the treating Medical Practitioner including treatment adherence, disease outcome or health status.

8.4 These follow-ups may be shared at predetermined time interval or following specific conditions such as observing changes in patients’ health, patient’s query, concerns shared by Third-Party Pharmacy or Third-Party Lab, or with the best of medical judgment of the Medical Practitioner.

8.5 The Medical Practitioner may suggest to treatment updating, performing lab tests, requesting check-ups or any specific instruction for enhancing Users health condition.

8.6 The follow-ups provided by the Medical Practitioner through the Platform are solely the individual and independent opinions and statements of such Medical Practitioner and do not reflect the opinions of the Assista’s Health Assistant, Company, or its affiliates.

8.7 The company may connect You with Third-Party Service Provider who may be suitable to deliver the health care that You are seeking based on information that You provide to us. However, the Company in no event recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be provided by the Medical Practitioner and the Company bears no responsibility or liability for the correctness and genuineness of any such advice provided by the Medical Practitioner, and the Medical Practitioner shall solely be responsible and liable for the same.

8.8 The Services should not be treated as a replacement for obtaining consultation for diseases as the consultation provided through the Platform are provided on ‘as is’ or ‘as available’ basis for guidance purposes only, without any warranties, representations, and conditions. The follow-ups provided through the Platform are not diagnostic in nature and are merely being offered to support User’s management of an existing health condition.

8.9 The follow-up may be shared via telephonically or via SMS or email or WhatsApp message (as the case maybe), and such records may be accessed by the Company for quality control and support related purposes and are dealt with in accordance with the terms of the Privacy Policy.

8.10 The information provided by You or the information generated as a result of the Program shall be stored, used, and secured as per the terms provided in the Company’s Privacy Policy.

8.11 In case You choose to not provide Your consent to recording Your calls, or chat content that may have personal information required for the Program purposes, the Company reserves the right to not facilitate the Services for which such personal information is sought. You can withdraw your consent from the application at any point of time.

 

 

9. PRICING AND PAYMENT INFORMATION

9.1 In order to process the payments, the Company might require details of Your bank account, credit card number, etc. The online payments made by You are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to You during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company. There are no applicable payment charges levied on any transactions.

9.2 Any subscription fees for the Services charged by the Company, could be paid online through the facility made available on the Website/Application. Such online fee payments are also processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company is not responsible for any loss or damage caused to You during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company.

9.3 Each End User / Third-Party Service Providers is solely responsible for payment of all taxes, legal compliances, statutory registrations, and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.

9.4 The payment made for every transaction is done through API integration. Moreover, You may also check Our Privacy Policy to understand how the Company uses the confidential information provided by Users.

9.5 The Company reserves the right to modify the fee structure by providing on the Website which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the User.

9.6 Any dispute in connection to the third-parties services shall be settled between the Users and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.

 

 

10. REFUND POLICY

10.1 Appointment Cancellation

The Appointments booked by the end-user or third-party pharmacies, third-party labs, and Assista on behalf of the patient are pre-paid and appointments booked at the Medical Practitioner may be pre-paid or post-paid, based on the Medical Practitioner's discretion.

10.1.1 In the event that an appointment is booked at the Medical Practitioner, the appointment is cancelled by the patient or Medical Practitioner, then a refund shall be at the discretion of the Medical Practitioner, and Assista has no role with respect to such refunds.

10.1.2 If the appointment is booked at end-user or third-party pharmacies, third-party labs, and Assista on behalf of the patient, and the appointment is cancelled at Medical Practitioner, then the entire consultation amount as mentioned on the Website will be refunded to the User within the next seven (7) business days in the original mode of payment done by the User while booking.

10.1.3 The end-user or third-party pharmacies, third-party labs, and Assista on behalf of the patient have an option to cancel the appointment. Assista may refund the amount paid by You towards appointment booking subject to the following conditions:

a) If the user has booked the appointment, and the user requests for cancellation at least 48 (forty-eight) hours before the consultation time, then Assista will refund the entire consultation amount as mentioned on the Website to the User within the next seven (7) business days in the original mode of payment done by the User while booking.

b) If the user has booked the appointment, and the user requests for cancellation within 48 (forty-eight) hours before the consultation time, then Assista will refund 75% (Seventy-Five percent) of the consultation amount as mentioned on the Website to the User within the next seven (7) business days in the original mode of payment done by the User while booking.

c) If the user has booked the appointment, and the user requests for cancellation within 24 (twenty-four) hours before the consultation time, then Assista will refund 50% (fifty percent) of the consultation amount as mentioned on the Website to the User within the next seven (7) business days in the original mode of payment done by the User while booking.

d) If the user has booked the appointment, and the user requests for cancellation within 4 (four) hours before the consultation time, then the amount will not be refunded.

e) In case where the User, does not show up for the appointment booked with a Medical Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as Patient No-Show.

10.1.4 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.

 

10.2 Patient No-Show

10.2.1 In Assista’s context, Patient No-Show means a patient does not show up on time for a confirmed appointment booked through a website or Assista’s App without cancelling or rescheduling the appointment in advance.

10.2.2 The patient is not entitled to receive any refund concerning Patient No-Show for appointments booked by the end user or through third-party pharmacies, third-party labs, and Assista.

10.2.3 All refunds for No-Show for appointments booked at the Medical Practitioner shall be at the discretion of the Medical Practitioner, and Assista has no role with respect to such refunds.

 

10.3 Medical Practitioner No-Show

10.3.1 In Assista’s context, Medical Practitioner No-Show means a Medical Practitioner does not show up on a day for a confirmed appointment booked by the end-user or medical practitioner and/or aligned staff, third-party pharmacies, third-party labs, and Assista on behalf of the patient through a website or Assista’s App without cancelling or rescheduling the appointment in advance.

10.3.2 In this event, User will need to write to us at support@assistahealth.in within five (5) 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 seven (7) business days in the original mode of payment done by the User while booking.

10.3.3 All refunds for Medical Practitioner No-Show for appointments booked at the Medical Practitioner shall be at the discretion of the Medical Practitioner, and Assista has no role with respect to such refunds.

 

10.4 Teleconsultation Refund

10.4.1 In the event it is proved that the Practitioners have acted in contravention of any applicable laws, Assista shall provide complete refund to the User, subject to investigation undertaken by Assista. The User will need to write to us at support@assistahealth.in within twenty-four (24) hours from the occurrence of such event.

10.4.2 If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and Assista shall be entitled to take any legal action, depending upon the gravity of the matter.

10.4.3 User shall refrain from raising any personal queries or seek advice which are not related to a specific disease / medicine/medical condition. In the event the User raises any such personal queries or seek advice, Medical Practitioner reserves the right to terminate the consultation of such Users and further, such Users will not be entitled to any refund.

10.4.4 In case a Medical Practitioner does not respond to a paid teleconsultation within ten (10) minutes from the time of starting a consultation/appointment or does not respond for more than fifteen (15) minutes during an active consultation, the User shall have the right to request for a refund and any amounts paid by the User with respect to the such consultations will be refunded. The User will need to write to us at support@assistahealth.in within twenty-four (24) hours from the occurrence of such event.

10.4.5 In case a Medical Practitioner does not provide a consultation document for a particular consultation, then the User shall have the right to request for a refund and any amounts paid by the User with respect to such consultations will be refunded. Refunds will not be provided if the Medical Practitioner has provided a consultation document to the User.

10.4.6 Users are allowed a period of twenty-four (24) hours to flag any consultation as inadequate, and request for a refund. No refund requests shall be considered thereafter. Assista shall provide complete refund to the User, subject to investigation undertaken by Assista.

10.4.7 Assista shall check the details and process the refund where applicable, solely at its discretion. After a refund request is processed, the money will be refunded to the User in seven (7) working days from the day refund has been approved by Assista.

10.4.8 In all matters related to refund and settlement under this Agreement, Assista shall decide so at its sole and absolute discretion after detailed review of the matter and considering all the involved parties’ information. The decision of Assista shall be final in this regard.

 

 

11. USER OBLIGATIONS

11.1 Obligations for the User

Subject to compliance with these Terms, Company grants You a personal, non-exclusive, non-transferable, limited privilege to access and use this Website and the Services provided herein. You agree to use the Services, Website and the materials provided therein only for purposes hat are permitted by the Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website. You agree not to access (or attempt to access) the Website and the materials or services by any means other than through the interface that is provided by Company. You shall not use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process to access the Website, the Information, or Services for any purpose. You shall not use any automated device to access, acquire, copy, or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials, or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed herein. If the Website allows You to share any material through the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

11.1.1 Host, display, upload, modify, publish, transmit, store, update or share any information or user submissions which:

a) belongs to another person and to which the user does not have any right,

b) is harmful to the child

c) is pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force or is objectionable,

d) infringes patent, trademark, copyright or other proprietary or intellectual property rights,

e) violates any law for the time being in force,

f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact,

g) 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 other nation,

h) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or threatens public health or safety,

i) Defame, abuse, harass, threaten or otherwise violate the legal rights of others; and

j) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity

11.1.2 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information through any bookmark, tag, or keyword

11.1.3 Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents

11.1.4 Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer

11.1.5 Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website)

11.1.6 Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Company server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means

11.1.7 Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Company, including any Company Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website

11.1.8 Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites

11.1.9 Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph

11.1.10 Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website

11.1.11 Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or other third parties

11.1.12 Conduct or forward surveys, contests, pyramid schemes or chain letters

11.1.13 Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner

11.1.14 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded

11.1.15 Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service

11.1.16 Violate any applicable laws or regulations for the time being in force within or outside India

11.1.17 Violate the Terms, including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and

11.1.18 Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website

Company has no obligation to monitor such communications by You. However, Company reserves the right to review materials posted by You and to remove any materials in its sole discretion. Company reserves the right to terminate the User's access to any or all of such communication services provided by Company at any time, without notice for any reason whatsoever. Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion. Company does not control or endorse the content, messages or information found in any communication service and, therefore, Company specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service. You agree that You are solely responsible to Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which company or its affiliates or its vendors may suffer) for any such breach. You agree and acknowledge that Company is not the owner of the Products and Company shall in no manner be deemed to be the owner of the Products on this Website. Company is only facilitating purchase of the Products by You from the third parties by providing the services to You. You agree that Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

You agree that the Website shall not be used for illegal purposes. The information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Company profile/ Account. Any attempt by any individual or entity to solicit login information of any other user or Third-Party Service Provider or to access any such account is an express and direct violation of these Terms and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

You agree and acknowledge that the exchanges between the Third-Party Service Provider and You over telephone and records would be accessible to the Company for the purposes of monitoring the quality of the operations.

 

11.2 Notice and Takedown

If You believe that any Content on the Website is defamatory, obscene, pornographic, paedophilic, illegal, offensive, sexually explicit, promotes bigotry, hatred or physical harm, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling; or is otherwise injurious to third parties; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of any nation or its or friendly relations with foreign States; or which consists of or contains software viruses or violates any of the Terms, please notify Us immediately at support@assistahealth.in. As soon as you inform Us, We will make all reasonable endeavours to remove such objectionable content complained about within a reasonable time.

 

11.3 Risks associated with Company’s Services

You abide by these Terms, Privacy Policy, and any other Company Policy by using the Company’s Services. The Medical Practitioners may not be examining You physically and may not have access to all or some of Your medical history that might be critical to consult You. The Medical Practitioners will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and by going through Your medical records. This means that the Services provided is different from the diagnostic and treatment services typically decided by a physician. Therefore, Medical Practitioners may not be aware of facts or information that would affect his or her opinion of Your diagnosis. Therefore, to reduce the risk of this limitation, the Company strongly encourages You to be in touch with a Medical Practitioner in-person.

You acknowledge and agree, by requesting a medical opinion through the Website, that:

a) the advice/information/opinion on diagnosis You may receive could be limited and provisional,

b) the medical opinion, follow-up, or any communication is not intended to replace a in-person visit with a physician, and it does not replace an actual doctor-patient relationship,

c) in case of a second opinion, where there is a difference of opinion among Medical Practitioners and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment,

d) the Medical Practitioner is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void,

e) in some events, the Medical Practitioners may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query,

f) in rare cases, the Medical Practitioners may feel that the query may not be answerable without physically examining the patient/ Users and the consultation may be refused forthwith,

g) in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and

h) delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms.

 

 

12. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Assista, or any of its directors, officers, employees, agents 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, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

a) any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website

b) any unauthorized access to or alteration of your transmissions or data

 

 

13. USAGE OF WEBSITE

13.1 Any software that is available on the Website is the property of Company or third parties. You may not use, download, or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of Company. Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize, or Services purchased by the User will not be sold, resold, bartered or in any way be used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased are not transferrable to any third party for profit.

13.2 You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website.

13.3 You are also under an obligation to use this Website for reasonable and lawful purposes only, and You shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, for personal, non-commercial use only and You shall not re-sell the same to any other person.

 

 

14. INTELLECTUAL PROPERTY RIGHTS

14.1 The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

14.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Company or their third-party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “Assista”, domain name “www.assistahealth.in”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

14.3 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.

 

 

15. SEVERABILITY

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.

 

 

16. 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 Assista. Any consent by Assista to, or a waiver by Assista 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.

 

 

17. VIOLATION OF TERMS

You agree that Company may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if Company determines that You have violated these Terms or Additional Terms. You also agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (a) requests by law enforcement or other government agencies; (b) a request by You (self-initiated account deletions); (c) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If Company does take any legal action against You as a result of Your violation of these Terms, Company will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.

 

 

18. APPLICABLE LAW AND DISPUTE SETTELMENT

The parties agree that this Agreement and any contractual obligation between Assista and User will be governed by the laws of India.

The courts at Solapur 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.

 

 

19. TERMINATION

The Terms will continue to apply until terminated by either You or Company as set forth below. If You want to terminate Your agreement with Company, You may do so by (a) not accessing the Website; or (b) closing Your accounts for all of the services that You use, where Company has made this option available to You.

Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

a) You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same),

b) Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful),

c) The provision of the services to You, by Company is, in Company's opinion, no longer commercially viable,

d) Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or

e) Company may also terminate or suspend all or a portion of Your account or access to the services with or without reason

Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (a) removal of access to all offerings within the Website or with respect to the services; (b) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (c) barring of further use of the Services.

You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.

Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Company chooses to terminate them. If You or Company terminates Your use of the Website, Company may delete any content or any other materials relating to Your use of the Website and Company will have no liability to You or any third party for doing so.

 

 

20. REPORT ABUSE / GRIEVANCE REDRESSAL

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Website, please report to Company’s customer support team.

If You have any concern about the Terms or grievances about the Website or our services, please contact us with a thorough description and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:

Name: Mr. Pravin Nikam

Address: 2417-Indraprastha, Bhosare (M.), Solapur - 413208

Phone number: +91 9011143473

E-mail: support@assistahealth.in

While we strive to address all grievances internally, we acknowledge that certain issues may be best resolved directly between you and the Retail Pharmacies/Labs. In such cases, We will facilitate this process by forwarding your grievance to the relevant Retail Pharmacies/Labs to ensure a prompt and effective resolution. However, our Grievance Officer shall continue to serve as the primary point of contact for any concerns related to the services provided on our platform.