Terms & Condition
Welcome to the portal www.physioheals.in (the "Website"). The content of the Website pertains to Physioheals.in which is the property of PHYSIOHEALS,(DR.Indira shivani G , "we" or "us"), having its registered office at 25,shivanand nagar,sec 1,khamtarai,Raipur,Chattisgarh,492008). www. physioheals.in, amongst other services, facilitates in providing healthcare and rehabilitation consultation in the field of physiotherapy, nutrition, speech therapy,occupational therapy,clinical psychology ,dentistry,and other fields related to rehabilitation as a part of online consultation in identified locations ("Service") and this Service is provided only in good faith. The Services of physioheals are essentially provided to bridge the information gap between patients and doctors/therapists.
The Website should not be used in cases of medical emergencies and Physioheals.in does not, and should not be considered in any form to be a substitute for a doctor or a hospital. We encourage you to independently verify any information you see on the Website with respect to a doctor or healthcare provider that you seek to make an appointment with.
- 1 Registration:If you wish to schedule an appointment with a doctor/ therapist or conduct a transaction on the Website, you will have to register on the Website and become a registered user ("physioheals.in User") prior to the completion of any transaction on the Website. To register onto the Website, a user will have to provide information such as his/her name, email address and phone number and create a username and password. Registration is only a one time process and if the physioheals.in User has been previously registered, He/She shall login/sign into his/her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the Website and make sure that others do not have access to it. It is your responsibility to keep your account information safe and current. Physioheals.in User may wish to schedule an appointment through his/her account for his/her family members and friends.
- 2. Interaction on the Website:You understand and agree that any interactions and associated issues with the doctors/therapists on the Website including but not limited to the medical outcomes and service issues, is strictly between you and the doctors. You shall not hold Physioheals.in responsible for any such interactions and associated issues. Physioheals.in is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor /therapist you interact with. If you decide to engage with a doctor/therapist to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for doctors should not be construed as endorsement by this Website of any such particular doctor. Similarly, provision of access to any healthcare professional or doctor on the basis of your specific request, should also not be construed as endorsement by this Website of any such particular doctor/therapist. Physioheals.in shall not be responsible for any breach of service or service deficiency by any doctor or therapist. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or therapists to fulfil their obligations in any transaction. We advise you to perform your own investigation prior to selecting a doctor or a health care provider.
- 3. Third Party Services:You understand that there is no third party services made available by the Website. For example, find or book an ambulance or schedule a home visit by a doctor through the Website. you will be absolutely and solely responsible for your interactions with third party service providers. Physioheals.in shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you
- 4. Information Uploaded by You on the Website:You understand that you may have the option of uploading your health / medical information on the Website in order to enable your doctor/therapist access your previous medical history. While Physioheals.in takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Website is at your own risk. By uploading / sharing / disclosing your medical information on the Website, you hereby give your consent to Physioheals.in to store such health / medical information on Physioheals.in servers. Physioheals.in will retain such medical / health information you upload on the Website for as long as it is needed to fulfil the service you seek to avail on the Website. If you delete your account, Physioheals.in will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
- 5. Sharing of Information uploaded by You on the Website:Unless you specifically consent to share information, medical or otherwise, with either doctors or third party service providers, Physioheals.in does not share such information that you upload on the Website. While Physioheals.in takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website is at your own risk. In the event you do not trust Physioheals.in with such information, please do not share such information on the Website.
While Physioheals.in endeavours to protect any information uploaded or shared by you on the Website, you understand that Physioheals.in shall not be held liable or responsible for the loss or damage to such information on the Website. It is your responsibility to ensure that you have all your information, medical or otherwise, stored on your hard drive. You hereby agree not to use the Website as a “data room” to store your medical / health records.
- 6. Messages Received From the Website:You understand that once you register as a Physioheals.in User on the Website, you will receive an emeil from Physioheals.in on your registered email id. These messages could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by Physioheals.in. Please note that Physioheals.in will send these messages only to the registered mobile number or such other number that you may designate for any particular transaction. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter. Further, Physioheals.in may also send notifications and reminders to you with respect to appointments scheduled by you for the Services that you have subscribed to on the Website. Please note that while Physioheals.in endeavours to provide these notifications and reminders to you promptly, Physioheals.in does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments that you may schedule with a doctor or therapist through the Website.
- 7. Collection of consultation fees:You understand that Physioheals.in provides various Services with respect to the System. While some of these Services are provided for free, there are certain Services for which costs will be incurred by you, if you decide to avail such Services ("Paid Services"). In that case, Physioheals.in may provide billing services on behalf of the doctor or therapist. Should you wish to avail those Paid Services, you acknowledge that Physioheals.in will collect the payment for such Paid Services for and on behalf of the doctor or therapist providing such clinical services. You acknowledge and confirm that Physioheals.in shall not be liable for the treatment or be treated as the doctor/therapist on account of such collection of the payments or for provision of such Paid Services, for any reason whatsoever.
- 8. Clinical Support Information:We may provide information to assist you in clinical decision-making. This may include information and reminders concerning rehabilitation, counselling, home exercises protocol, drug interactions, allergies, dosages, as well as general health-care related information and resources.. The information and materials available through the Website are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the Website by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our Website. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that Physioheals.in is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials on the Website relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.
- 9. Selecting your Doctor or therapist on the Website:The Website allows you to select and schedule appointments with doctors /therapists registered with the Website and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www. Physioheals.in. While choosing your doctor or therapist on the Website, you understand and accept that:
- (a) You are ultimately responsible for choosing your own doctor or therapist and Physioheals.in shall not be held responsible or liable for the selection of such doctor or therapist; and
- (b) Physioheals.in will provide you with lists and/or profile previews of doctors and therapists who may be suitable to deliver the health care that you are seeking based on information that you provide to Physioheals.in (such as area of specialty and geographical location). For certain specific Services, Physioheals.in may choose a doctor or therapist on your behalf based on the nature of services you request or doctor /therapist available to provide you with the clinical services for the same. Please note that Physioheals.in (i) does not recommend or endorse any doctors or therapists mentioned on the Website; and (ii) does not make any representations or warranties with respect to these doctors or therapists or the quality of the healthcare services they may provide. Physioheals.in shall not be liable for any reason whatsoever for the services provided by the therapist or doctor, and we bear no liability for the consequences to you, of your use of the System or Services.
- (c) Information regarding doctors and therapists and practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Physioheals.in provides any advice or qualification certification about any particular doctor or therapist. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or healthcare provider that you seek to make an appointment with.
- 10. No Doctor - Patient Relationship:Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Physioheals.in and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- 11. No Medical Advice Provided:Please note that we do not recommend or endorse any doctors, health care providers, procedures, opinions, or other Information that may appear on the Website. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from Physioheals.in, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations which are registered with Physioheals.in and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www. Physioheals.in The Information provided on the Website and in any other communications from or provided through Physioheals.in is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare professional because of advice that you may have obtained through the Website. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be taken as the practice of medicine or the provision of medical care.
- 13. Limitation of Liability:You expressly understand that under no circumstances, including, but not limited to, negligence, shall the hysioheals.in be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: The use or the inability to use the Website and / or Services; or The cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained through the Website and/or Services The cost of procurement of substitute goods and services resulting from any messages received or transactions entered into through the Website and / or Services; or Unauthorized access to or alteration of your transmissions or data; or Any other matter relating to the Website and / or services
- 14. By Using This Website You Represent And Warrant That:
- (a) You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation;
- (b) All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
- (c) Your registration on the Website is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
- (d) Your personal and non-commercial use of this Website shall be subjected to the following restrictions:
- (e) You may not modify any content of the Website;
- (f) You may not decompile, reverse engineer, or disassemble the content;
- (g) You may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content
- (h) You will not:
- (i) Use the Service available on the Website for commercial purposes of any kind; or
- (j) Use the Website and/or services in any way that is unlawful, or harms the website or any other person or entity, as determined in the Company’s sole discretion.
- (k) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component.
- (l) You will not impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and/or the Services.
- (m) You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
- (n) You will not delete or modify any content of the Website and/or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- (p) All information, content and material contained in the Website and/or Services are the Company's intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the physioheals.in express written permission.
- (r) You expressly understand and agree that:
- (s) The information, content and materials on this Website and/or Services are provided on an "as is" and "as available" basis. The website and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- (t) The Company does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
- (u) Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
- (v) You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website.
- 18. Notices:All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision: physioheals.in, 25,shivanand nagar, sector 1, khamtarai, Raipur, chattisgarh- 492008, INDIA
- 20. Refund & Cancellation Policy:(a) In case of cancellation or non-confirmation of the appointment by Physioheals.in due to any reasons, three options are available to the consumer:
- He may ask for rescheduling the appointment with the specialist /therapist, or
- He may claim a refund of the advance payment, or
- The advance payment may be added as credit in the account of the consumer and be adjusted in due course for future consultations.
- (b) In case the consumer misses or cancels the appointment, he shall not be entitled to any refund.
- (c) In case the consumer’s credit card/debit card/payment account has been accidentally overcharged, please notify Physioheals.in of the same at the earliest. In case of over-charging, the consumer has the following options:
- He may claim a refund of the outstanding amount. In such a scenario, Physioheals.in shall make all endeavours to refund the amount within 7-14 working days.
The outstanding amount may also be credited to the account of the consumer so as to be adjusted in future consultations of himself or of any other person.
- (d) The refund shall be made by e-banking or by demand draft or by other such mode other than cash, depending upon the suitability of both, Physioheals.in and the consumer.
- (e) For claiming refund, the consumer should necessarily have the valid invoice of the investigations, so as to be able to get the refund.
Each Party acknowledges:
- (e) Having had access to all such information as has been requested.
Terms of Service
For the purpose of these Terms of Service, wherever the context so requires the term ‘You’/ ‘User’ shall mean any natural or legal person who has provided Registration Data while registering on the Website by entering the domain name in any internet browser. Any services provided by the Website which do not require registration do not absolve You of the contractual relationship established by this Agreement.
Wherever the context requires, the term ‘Doctor/ THERAPIST/HEALTH CARE PROVIDER’ shall mean any person permitted to practice medicine by the MCI (Medical Council of India),Dental council of India and other councils as per law who will be verified and authenticated by us.
The term ‘We’/ ‘Us’/ ‘Our’ shall mean Physioheals.in and The use of this website by You is solely governed by this Terms of Service and any other terms or policies published by Us. Moving past the home page of the Website and using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in these terms.
You will be subject to the rules, guidelines, policies, terms, and conditions as applicable to any service that is provided by this website, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We hold the sole right to modify the Terms of Service without prior permission from You or informing You.
Through the Website Users select a speciality (e.g. Physiotherapy,nutrition,speech therapy). Then the User can either see a doctor/therapist/health care provider immediately or Schedule an appointment for later time. The doctor will be allocated to the User after considering information about the User such as but not limited to, age, gender, place and his symptoms. Once the User has chosen the doctor and consult, Our website shall coordinate for the fulfillment of the appointment by duly connecting the User to the Doctor using emails. The User may also upload his medical records and other health related data on the website for the doctor to see and can be assured that such data shall remain confidential.
This Website is also aimed at assisting doctors to wishing obtain more patients and wish to utilise the vast customer base the Website has. The doctor/therapist/health care provider who wishes to enlist on the Website has to be verified before enlistment by providing proper documentation which shall be authenticated by the physioheals.in. Only upon authentication and approval shall a doctor/therapist/health care provider be enlisted on the Website.
- 1. GENERAL
- In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name Physioheals.in (hereinafter referred to as ‘Website’) is owned by Dr (Mrs) Indira Shivani bearing the registered address 25, shivanand nagar, sector 1, khamtarai, Raipur, CHATTISGARH 492008, INDIA(hereinafter referred to as ‘WEBSITE’).
The membership/usage of the Website is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details or the website has reasonable reasons to believe You have done so, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the same.
- You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.
The installation and use of this Website is free of cost and this includes only the usage of certain services of the Website. You hereby understand that this no charge policy maybe amended at anytime in the discretion of the Company. However, in the event, You use the Website to choose a doctor/ therapist/health care professional and book and appointment, You shall be required to pay for the consult. In case of video or phone or text consult, You shall be required to pay for the consult prior .
For the purpose of this section, Buyer would include any User choosing to use the services offered on our website. Seller means Us/Website/Company.
While availing any of the payment method/s available on the website, We will not responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- i. Lack of authorization for any transaction(s), or
- ii. Exceeding the preset limit mutually agreed by You and between ‘Bank(s)’, or
- iii. Any payment issues arising out of the transaction, or
- iv. Decline of transaction for any other reason(s)
- All payments made against the services on the website by You shall be compulsorily in Indian Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
- Payment Facility for Buyers:
- i. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with Us to purchase the services from Us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to Us using Payment Facility.
- ii. You, as a Buyer, may agree with Us through electronic communication and electronic records and using the automated features as may be provided by Payment Facility.
We reserve the right to impose limits on the number of Transactions or Transaction Price which We may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- We reserve the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- We may do such checks as it deems fit before approving the receipt of Transaction Price from the Buyer for security or other reasons at Our discretion. As a result of such check if We are not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of Transaction Price.
- We may delay notifying the payment confirmation, if we deem it suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, We may hold Transaction Price or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
- The Buyer acknowledges that We will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond Our control.
5. THIRD PARTY INFORMATION
The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content (hereinafter referred to as ‘Content’). However the website may contain few contents, if taken from the other source, shall be mentioned with due courtesy to the content provider with its name.The Website may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as We are merely an intermediary for the purposes of those content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and We shall not be liable. You may send as an email to Physioheals.in to report any such content.
Other than when expressly allowed, any use of Our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
6. USER CONTENT
Those posting any form of User content on the Website must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.
7. USER OBLIGATIONS
You are a restricted user of this Website.
7.1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With Our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. You shall not, nor allow third parties on Your behalf to (i) make and distribute copies of the Website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website or (iii) create derivative works of the Website of any kind whatsoever.
7.2. You agree not to access (or attempt to access) the website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or Content, 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. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending us an e-mail to Our official e-mail address.
7.3. This Website by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) 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);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) 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;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) 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 the Website, including any 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;
i) 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 Website or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us.
We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation, to monitor the material posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
- 8. CANCELLATIONS AND REFUNDS
The Website shall be only an intermediary connecting the User with the Doctor/therapist/health care provider of the service booked. Once the appointment has been made and a confirmation has been given to the User, the Company shall inform the Doctor who shall render the consult at the agreed time, location and mode provided at the time of booking the service.
Once an appointment has made and it is confirmed at Our end, no amount shall be refunded, in the event of a cancellation. However, in certain circumstances, the Company at its discretion shall permit a refund of the full or partial amount if the Doctor/therapist becomes unavailable or if an alternative doctor/ therapist is arranged to consult. The decision of the Company shall be final in such cases.
- 9. LOCATION
Currently We provide the phone call and face to face video call ,text chat services in India. We do not book appointments for direct consultation. For the same please contact Us at Info@ Physioheals.in.
You understand that the Website is a platform that Users utilize to locate doctors and make appointments for consult. Even though We take all the necessary steps to verify the authenticity of the doctors/therapists, You understand that We shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge from the end of the doctor. We are not a party to such interaction and take no liability that arises from any such acts of the doctor.
Healthcare Services: All of the Treating Providers who deliver Services through Physioheals.in are independent professionals solely responsible for the services each provides to you. Physioheals.in does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Physioheals.in nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Treating Provider via the Services.
Informed Consent: The telehealth Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
∙ In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Treating Provider;
∙ Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
∙ Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information
You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured. You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received Physioheals.in Notice of Privacy Practices, which describes these protections in more detail. Electronic communications are directed to your Treating Provider(s) and their supervisees through a secure, encrypted video interface and electronic health record.
Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
You can send messages to your Treating Provider by contacting Physioheals.in . If you are experiencing a medical emergency, you should call the emergency ambulance number or go to the nearest emergency room.
All communication between the doctor and You is a separate transaction which includes without any limitation all warranties related to consult and after consult services related to consult. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
We do not endorse any specific doctor nor place any guarantee as to its quality and value. Any such recommendations that are done are done by other users and the Company does not verify or acknowledge the same.
Further We may suggest apt treatments or services in accordance with the your information within our knowledge but We do not guarantee any effectiveness or success upon using these services.
Subject to the above sub-clauses, a contract exists between the doctor and You and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the doctor and You alone and We are in no way a party to such breach or involved in any suit arising from the same breach.
Even thought we authenticate and approve the doctor, You are expected to check the creditworthiness of the doctor and the genuineness of the skill. We are not liable for the same.
We are in no way liable for any deficiency of services that may arise including but not limited to cancellation of order due to any unavailability of the doctor/therapist/health care provider.
We are not liable for the general conduct of the doctor and We shall not be liable for any unwarranted act performed by the doctor. You are advised to ensure your safety and the safety of your belongings.
The content on the Website is general in nature and summarized, and is provided for informational purposes only. The content of the Website , including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.
We do not assure any liability for the contents of any material provided on the website. Reliance on any information provided by us, other visitors to the Website is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site.
You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services.
You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
11. COMPLIANCE WITH LAWS
The User of the Website shall comply with all the applicable laws including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
12. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. BREACHES OF THESE TERMS AND CONDITIONS
16. NO WAIVER
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
17. DISPUTE RESOLUTION
These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. Any failure of the Website to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Website, and all other provisions for which survival is equitable or appropriate.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both
Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Raipur in the state of Chattisgarh, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Raipur shall have exclusive jurisdiction over any disputes arising between the Parties.
We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Us or any of their assets.
We hereby reserve the right to block usage of the Website if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.
- What is Physioheals.in?
- Physioheals.in enables patients to video consult with qualified, board certified and highly experienced doctors /therapists via website from the comfort of their homes, offices or anywhere with a network connectivity
- Do I talk to a real Consultants?
- Yes, You are provided access to well-experienced, qualified, Council-recognized consultants of various specialities, who are registered by the board as well as are legally licensed to practice in India.
- Is your service available in my area?
- Yes. Being an online service, Physioheals.in services are available anywhere in India, provided that you have an internet connectivity. It is also preferred if you have a laptop with a microphone & webcam or a mobile phone with a front camera and headphones to make the call so that there are no hassles in a video consultation.
- Do I need wifi to use your service?
- Not necessarily, though it is recommended that you use a wifi because the signal strength is higher and video call quality much better but you could also use a 3G/4G internet. You can use our service from any device with any telecom network.
- Do we handle Medico-Legal Cases(MLCs)?
- No. We’re sorry but as of now we are not equipped enough to handle MLCs like road traffic accidents, suicide attempts, sexual and physical assaults
- Can I get a prescription?
- Physioheals.in does not guarantee prescriptions. It is up to the Consultants to recommend the best treatment. However, if necessary, our doctor will prescribe the necessary prescription to you and you shall receive this via email. If consulting from outside India, you will have to verify the validity of the prescription with your local pharmacies. Please note that we will not be able to provide you any prescription in the case of chat consultations.
- Can I consult a doctor at any time of the day?
- Yes, you certainly can. Though we can’t guarantee you that a doctor would be available, but depending on your need if any of our doctors are available at the time, walk-ins are entertained. If in any case you do not find a doctor, we try our best to get you a doctor call back within half an hour. If you do not find a doctor you can schedule an appointment at your convenience.
- Is my electronic health record kept private?
- Your health records are confidential information and are kept under highest security & privacy. We keep your data secure through robust encryption methods that protect your personal information at all points.
- What is the cost of a tele-consultation?
- The cost of consultation varies on the specialization you choose. Each of the video visit cost varies in amount according to the doctor/therapist seected for a 15 min session in physiotherapy, occupational therapy,dentistry,,nutrition and other rehabilitation services.. A video visit can cost INR ….. for a 45 min session. And the cost remains same for an audio call.
- What payment method do you accept?
- We accept payment through all the major Credit cards and Debit cards, Internet Banking , PayZapp, PayTM, and MobiKwik.
- How will I get my refund?
- Most patients are highly satisfied and happy with our doctors and the consultation, however if in any case, you are unsatisfied with your consultation, you can request a refund by mailing to email@example.com with your transaction details and we will process your refund via the same.
- Is there a time limit on how long I can speak with a specialist?
- Our consultation call is expected to be 15 minutes on average. Most consultations last for less than 15 minutes but can also last longer. A psychologist visit may last for 20min whereas for other specialities the consultation is of 15 mins.