Terms and Conditions | Disclaimer

ARTICLE 1: Through the Website/Mobile App, we provide you (subscriber) with the following services (“Services”):

a. Creating and maintaining Patient accounts :

Patients’ need to register and subscribe to the Website/Mobile App in order to use the Website/Mobile App or the Services provided through the Website/Mobile App. In order to register, you have to provide certain personal details including but not limited to your name, phone number, email address, birth date, gender, etc.

b. Scheduling an appointment for medical consultation :

• You can register for a medical consultation with a doctor, physiotherapists, dietitians, nutritionists, healthcare or wellness service provider, nurses, diagnostic centres, pharmacists, hospital administration etc. (“Healthcare Practitioners”) listed on the Website/Mobile App. Medical consultations on the Website/Mobile App shall be available for family physicians& multi specialties.
• You will receive a confirmation of the appointment for medical consultation with a Healthcare Practitioner of your choice, on the Website/Mobile Appand/or via SMS and/or email and/or an online communication or messaging service. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for a consultation to you is indicative and actual consultation time may change depending on the consulting Healthcare Practitioner’s discretion. The Healthcare Practitioner/ Consultant engages in a one-time conversation with the scheduled Patient whereby the Patient agrees upon a suitable subscription package.
• Post agreeing upon the package, subsequently the Patient shall arrange for the payment of the subscription fees thereby the Patient shall be entitled to visit the Doctor post selection of the subscription package.
• Consultations can be booked, rescheduled, or cancelled free of cost up to fifteen minutes prior to the start of the appointment for an audio/video/chat-based consultation (“Online Medical Consultation”) and up to thirty minutes prior to the start of the appointment for a physical visit-based consultation. You are allowed to reschedule an Online Medical Consultation up to a maximum of three times for free and are allowed to reschedule a physical consultation once for free.

c. Holding medical consultations :

You can have an Online Medical Consultation via audio call or video call or chat on the Website/Mobile App with the Healthcare Practitioners elected by you:

• Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice.
• You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the Healthcare Practitioner shall solely be based on the verbal communication between the concerned Healthcare Practitioner and the patient, and any test reports and other information provided/uploaded by you on the Website/Mobile App.
• Your medical records will be limited to the medication prescription and other medical-related documentation which may be viewed by the Healthcare Practitioner as a pop-up in the chat facility provided on the Website/Mobile App in the course of medical consultations. Only medical prescription and a basic profile will remain accessible to patients, as determined by the Healthcare Practitioner.
• The Services also include facilities to handle emergency calls for suitable online emergency advice. It is advised to take the patient to the nearest hospital in such cases.

d. Booking diagnostic tests :

You may book an appointment for diagnostic tests offered by a Healthcare Practitioner and/or diagnostic centre at the recommendation of your treating Healthcare Practitioner through the Website/Mobile App. An e-prescription will be generated through the Website/Mobile App, which should be produced by you upon visiting the concerned diagnostic centre/lab.

e. Healthcare packages :

You can avail of various healthcare packages that are offered through THT Website/Mobile App either in association with Healthcare Practitioners and/or Hospitals and/or Clinics. These healthcare packages are designed and personalized for you by the Healthcare Practitioner and/or Hospital and/or Clinics and THT only facilitates accessibility of these healthcare packages for you. You may book an appointment for availing of a particular healthcare package as per the recommendation of the Healthcare Practitioner through the THT Website/Mobile App. An e-prescription generated through the Mobile Appshould be produced by you upon visiting the concerned diagnostic centres/labs.

f. Purchase of medications :

You can order medicines recommended by your treating Healthcare Practitioner from pharmacies through THT Website/Mobile App. THT does not directly sell any medicines but only facilitates the purchase of medicines from the pharmacy by you. An e-prescription generated through the Mobile App should be produced by you upon visiting the concerned pharmacy.

g. Call for Emergency advice :

You can choose to make calls to our helpline at any time during the day for emergency care advice. This service is available for both subscribers and non-subscribers of THTWebsite/Mobile App. The nature of the emergency care advice is the discretion and decided entirely by the Healthcare Practitioner and THT does not provide any prerecorded messages to assist with emergency care. However, THT recommends you seek care at your nearest Hospital or Clinic in case of a medical emergency.

h. Blood bank services :

Through THT Website/Mobile App, you can determine the location of a suitable blood banking centre and check the availability of the required blood banking services. Subsequently, you may book an appointment for donating or receiving blood through THT Website/Mobile App. THT cannot be held accountable for any blood transfer-associated complications, and it is the sole responsibility of the Centre collecting or distributing blood to take adequate precautionary measures to avoid complications and/or inconvenience to the patient.

i. Online Psychiatric evaluation and psychological counselling :

You can avail of psychiatric evaluation and psychological counselling from Healthcare Practitioners through THT Website/Mobile App. During a psychiatric evaluation, you should be accompanied or assisted by a guardian at all times. THT will only facilitate the communication between you and the Healthcare Practitioner through the THT Website/Mobile App and will not be responsible, either by you or the Healthcare Practitioner, for any misinterpreted terminologies and/or inadequate information that directly result and/or causal to other related medical emergencies.

j. Accessing your medical prescription and limited medical records as determined by your treating Healthcare practitioner on the Website/Mobile App.

k. Any other service that is made available on the Website/Mobile App from time to time subject to the scope of services specified under Section 4 below.

ARTICLE 2 : Your use of the Website/Mobile App

As an end-User and recipient of Services, when you use the Website/Mobile App, you agree to the following conditions of use:

Due diligence conditions:

1. You are solely responsible for the medical, health, and personal information you provide on the Website/Mobile App, and you are requested to use your discretion in providing such information.
2. The advice or the services provided by the Healthcare Practitioner will depend upon the information you provide on the Website/Mobile App. You will provide accurate and complete information everywhere on the Website/Mobile App, based on which you will receive the Services.
3. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
4. The information provided by you may be used by us for the purpose of Services including analysis, research, training, and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc., as stated in our Privacy Policy (available athttps://www.totalhealthtracker.com/) Please separately review and consent to our Privacy Policy, accordingly.
5. The information provided by you can be retained by us and can be used without revealing your identity, as per our Privacy Policy available athttps://www.totalhealthtracker.com/.
6. We reserve the right to refuse service or terminate accounts at our discretion if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.

ARTICLE 3 : SCOPE OF SERVICES:

1. The Services availed by you from a Healthcare Practitioner via the Website/Mobile App is an arrangement between you and the Healthcare Practitioner you select. The Website/Mobile App only facilitates connections between you and the Healthcare Practitioner/ diagnostic center/ pharmacies and bears no responsibility for the outcome of any such medical consultation or other Services obtained by you.
2. THT shall not be liable for deficiency or shortfall in Services/misdiagnosis/faulty judgment/interpretation error/perception error/adverse events/inefficacy of prescribed treatment or advice or investigation reports/validity of the advice or prescription or investigation reports provided by the Healthcare Practitioner/unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Patients are advised to use their discretion for following the advice obtained post-medical consultation with Healthcare Practitioner via the Website/Mobile App or post Services.
3. THT only facilitates the connections between you and the Healthcare Practitioner established through the Website/Mobile App and does not in any way facilitate, encourage, permit, or require you to contact the Healthcare Practitioner outside the Website/Mobile App. Any contact between you and the Healthcare Practitioner through the Website/Mobile App will be subject to these Terms and Conditions.
4. If you are redirected to, or visit, any other website or app from the Website/Mobile App, including for the purposes of browsing, or when the placement and/or fulfillment of an order of any product/service (or any other aspect related thereto) takes you to a different Website/Mobile App/platform, THT will not be responsible for products or services received or purchased by you on such other website or Website/Mobile App, or any aspect of your experience on such website or any representations and details provided on such Website/Mobile App/platform concerning products/services being displayed or sold by such Website/Mobile App/platform. In particular, you may visit or be redirected to the THT website at https://www.totalhealthtracker.com/or the THT Interface (within the THT Mobile application) (collectively “THT Website/Mobile Apps”) for browsing and purchase of medicines, permitted medical devices, and other products (including all aspects concerning placement of orders and payments in relation thereto), which is powered, owned, controlled and operated solely by an independent and distinct entity –TOTAL HEALTH TRACKER PRIVATE LIMITED (“THT”) is a company duly incorporated under the provisions of the Companies Act 2013. THT has no control whatsoever over the THT Website/Mobile Apps (including the information and contents displayed therein, the inventory of the products sold and the pricing thereof, and the presentation/display thereof) and shall not have any responsibility or liability in respect of your experience on the THT Website/Mobile Apps, including products sold and delivered to you via the THT Website/Mobile Apps, and any customer care support you may receive in respect of such products. The entire Patient experience and data pertaining to your usage of the THT Website/Mobile Apps would be stored exclusively by THT on its own servers in adherence to Electronic Health Record (HER) Standards Version 2016 ensuring basic Security and Privacy requirements. By visiting the THT Website/Mobile Apps, you agree to and accept the terms of use of the THT Website/Mobile Apps. THT would not be involved in any interaction between you and THT including any payments made by you in respect of the subscription purchased or Services on the THT Website/Mobile Apps and all products purchased by you on the THT Website/Mobile Apps will be sold, packaged, dispensed, delivered, and fulfilled solely by THT. For the avoidance of doubts, it is expressly clarified that – (i) THT is not acting as a ‘marketplace’ in so far as the display, exhibition, delivery, fulfillment, purchase, or sale of any products over THT Website/Mobile Apps is concerned; (ii) THT is not a seller on the Website/Mobile App and by merely providing a re-direction link, THT is not allowing or permitting THT to be a seller on the Website/Mobile App. You also agree and acknowledge that THT through the Website/Mobile App: (i) merely provides a link to THT Website/Mobile Apps for the purposes of re-direction; (ii) only provides the relevant technological connectors to THT so as to help seamlessly integrate the THT Website/Mobile Apps with the Healthcare Practitioners and Diagnostic Centers and application so that there is as minimal experience loss to you; and (iii) merely acts as a communication link (at the behest of THT) in respect of any complaints relating to the products listed on the THT Website/Mobile Apps, made by you on the Website/Mobile App, with the actual resolution of complaints being handled exclusively by THT. You also agree and acknowledge that THT is not involved in, in any manner whatsoever, and does not facilitate (i) the sale of products on the THT Website/Mobile Apps, with THT not being privy to the contractual relationship/arrangement as entered into between THT and you in so far as purchase/sale of products over THT Website/Mobile Apps is concerned (ii) the payments for products sold over THT Website/Mobile Apps, and that the same is facilitated solely by THT and/or any third party entities (including payment aggregators) engaged by THT for such purpose; (iii) the invoicing of products sold over the THT Website/Mobile Apps; and (iv) the prescription validation undertaken on the THT Website/Mobile Apps by THT and/or any third party entities engaged by THT for such purpose.
5. You may view and access the content available on the Website/Mobile App solely for the purposes of availing the Services, and only as per these Terms and Conditions. You shall not modify any content on the Website/Mobile App or reproduce display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.

ARTICLE 4 : PROHIBITIONS :

1. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Website/Mobile App or any portion of it unless expressly permitted by THT in writing.
2. You may not make any commercial use of any of the information provided on the Website/Mobile App.
3. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age, or affiliation with any person or entity.
4. You may not upload any content prohibited under applicable law, and/or designated as “Prohibited Content” under Section 5.
5. Contacting the concerned Healthcare Practitioner for a consultation follow-up to a prior medical consultation, or for any other reason outside the Website/Mobile App via email, SMS, messaging services, or any other mode of communication outside the authorized channels is not permitted failing which the Patient shall compensate THT appropriately.
6. You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by THT.

ARTICLE 5 : PROHIBITED CONTENT

You shall not upload to, distribute, or otherwise publish through the Website/Mobile App, the following Prohibited Content, which includes any content, information, or other material that:

1. belongs to another person and which you do not own the rights to;
2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
3. is hateful, racially or ethnically objectionable, disparaging of any person;
4. relates to or seems to encourage money laundering or gambling,
5. harm minors in any way;
6. infringes any patent, trademark, copyright, or other proprietary rights;
7. violates any law in India for the time being in force;
8. deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
9. communicates any information which is grossly offensive or menacing in nature;
10. impersonates another person;
11. contains software viruses and malicious programs;
12. threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order;
13. 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;
14. incites any offence or prevents investigation of any offence or insults any other nation;
15. is abusive or inappropriate to the Healthcare Practitioner conducting your medical consultation or any employees, consultants, or technicians of THT,whom you may interact with for availing Services; and
16. is not relating to the medical consultation or relating to any of the services you avail from us.

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and/or immediately terminate your access to the Services and/or to the Website/Mobile App.

ARTICLE 6: INDEMNITY

You agree and undertake to indemnify and keep indemnified THT and the concerned Healthcare Practitioner (“Indemnified Persons”) and us for any losses, costs, charges, and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of:

1. deficiency or shortfall in Services/misdiagnosis/faulty judgment/interpretation errors/perception error arising from:
2. your failure to provide correct and/or complete clinical information/history about the patient in a timely and clinically appropriate manner; or
3. suppression of material facts; or your failure to provide relevant clinical information about the patient; or
4. misinterpretation of the advice/prescription/diagnosis/investigation report by you; or
5. failure to follow doctor’s advice/prescription by you; or
6. failure to follow instructions of the Healthcare Practitioner in respect of

• the Services or medical procedures prescribed by the Healthcare Practitioner by you;
• incorrect or inaccurate credit/debit card details provided by you; or
• using a credit/debit card that is not lawfully owned by you; or
• you permit a third party to use your password or other means to access your account.

ARTICLE 7: LIMITATION OF LIABILITY

By using our Services, you confirm that you understand and agree to the following:

1. The Services availed by you from a Healthcare Practitioner via the Website/Mobile App are provided to you by the Healthcare Practitioners you select, and not by THT. The limitation of liability specified in this section also applies to any services availed by you from any third party seller of services listed on the Website/Mobile App.
2. The Website/Mobile App only facilitates communications between you and the Healthcare Practitioner and as such THT bears no responsibility for the quality and outcome of any such Services obtained by you from the respective Healthcare Practitioner to the extent permitted by applicable law.
3. THT itself does not provide any medical consultation or diagnostic services. If you receive any medical advice/investigation reports from a Healthcare Practitioner you have contacted through the Website/Mobile App, you are responsible for assessing such advice, and reporting the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the Healthcare Practitioner’s instructions.
4. In the event that THT markets or promotes any Services to you, please note that such Services will be provided by the relevant Healthcare Practitioner, and you are responsible for undertaking an assessment regarding the suitability of such Services and such Healthcare Practitioners for your purposes. Marketing or promotion of Services should be considered as being for informational purposes only and does not constitute expert advice on the suitability of such services for your specific healthcare needs.
5. The Services provided through the Website/Mobile App is not intended in any way to be a substitute for a face-to-face consultation with a doctor. THT advises the Patients to make an independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.
6. To the extent permitted by applicable law, THT or its affiliates will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the Website/Mobile App; (iii) your use or inability to use the AI assistant (iv) your use of any third party services including Services provided by any Healthcare Practitioner you contacted through the Website/Mobile App.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the Website/Mobile App.

ARTICLE 8: DATA & INFORMATION POLICY

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy available athttps://www.totalhealthtracker.com/.

ARTICLE 9: INTELLECTUAL PROPERTY AND OWNERSHIP

You recognize and agree that all copyright, registered trademarks, and other intellectual property rights on all materials or contents provided as part of the Website/Mobile App belong to us at all times or to those who grant us the license for their use.

No use of these may be made without the prior written authorization of THT.

ARTICLE 10: OTHER CONDITIONS

Please note that your payments are processed in accordance with applicable law and you may refer to our Payment and Refunds Policy for details.

a. AI Assistant

We may use an AI assistant to guide patients seeking medical help or treatment from the Website/Mobile App. This AI assistant’s primary purpose is to allow Patients to book appointments by letting them enter their symptoms, medical conditions, or treatment that they are seeking to consult with a Healthcare Practitioner.

You understand that:

1. you should never use the AI assistant in a medical or psychiatric emergency.
2. in case of an emergency, you should dial 112 or visit the emergency department of a hospital.
3. you can use this Website/Mobile App on behalf of other Patients (third parties) only if you are a legal guardian of such persons, meaning that you have the legal authority to care for the personal and property interests of such person; and
4. no content on the Website/Mobile App, is or should be considered, or used as a substitute for, medical advice, care, diagnosis, or treatment.

The Patient may be directed to chat or call our patient support team, in certain cases which include but are not limited to the following:

1. Uncertain outcome from the AI assistant.
2. Change in the schedule of appointments.
3. Incomplete appointment booking.
4. Any other case as deemed appropriate by THT.

b. Accuracy of Information Displayed

We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including Healthcare Practitioners. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.

ARTICLE 11: THIRD PARTY LINKS AND RESOURCES

Where the Website/Mobile App contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those Website/Mobile Apps (including without limitation THT Website/Mobile Apps) or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

THT is neither guaranteeing nor making any representation with respect to the goods or services made available or sold by such third party/ies. THT does not provide any warranty or recommendation in relation to the products and/or services made available to you by such third parties during your access or use of such third party website/Website/Mobile App including in relation to delivery, services, suitability, merchantability, reliability, availability or quality of the products and/or services.

You shall not hold THTor their respective directors, officers, employees, agents, and/or vendors responsible or liable for any actions, claims, demands, losses, damages, personal injury, costs, charges, and expenses that you claim to have suffered, sustained or incurred, or claim to suffer, sustain or incur, directly or indirectly, on account of your use or access of third party website/Website/Mobile App.

THT is not a party to any contractual arrangements entered into between you and the third party website/Website/Mobile App. We are not the agent of the third party and such third party website/Website/Mobile App is governed exclusively by its respective policies over which THT has no control.

The use of such links to visit the third party website/Website/Mobile App implies full acceptance of these Terms and Conditions. THT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content available on or through any such third party linked website, including without limitation any form of transmission received from any third party website (including without limitation THT) or its server.

ARTICLE 12: AMENDMENTS

We may, from time-to-time, update or revise these Terms and Conditions. Every time you wish to use the Website/Mobile App, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

ARTICLE 13. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission, or accident that is beyond our reasonable control, including, among others, the following:

1. Strike, lockout, or other forms of protest.
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster.
4. Inability to use public or private transportation and telecommunication systems.
5. Acts, decrees, legislation, regulations, or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

ARTICLE 14: TERMINATION :

1. We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of this Website/Mobile App.
2. We reserve the right to refuse access to Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules, and regulations or these Terms and Conditions or considered to be unethical/immoral.
3. For a change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and/or provide Services under revised Terms and Conditions.

ARTICLE 15: APPLICABLE LEGISLATION AND JURISDICTION

The use of our Website/Mobile App shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts inKerala, India.

Contact Us

If you have any queries or grievances regarding the Online Medical Consultation or Diagnostic tests obtained by you on the Website/Mobile App, please contact the relevant grievance officers as given below.

If you have any questions concerning the Website/Mobile App and the Terms and Conditions, you may contact Dr. Vineesh Indira Chandran, our CEO or Mr. Vinod C I, our Grievance Officer cum Nodal Officer atinfo@totalhealthtracker.com. Please note that upon lodging of a complaint, a ticket number shall be given to you by which you may track the status of your complaint.