Terms and Conditions
Last updated: December 21, 2020
BY ACCESSING OR USING OUR WEBSITE, MOBILE APPLICATIONS OR OTHER SERVICES (TOGETHER ‘TruOPD’), YOU AGREEING TO COMPLY WITH AND BOUND BY ALL THE TERMS DESCRIBED HEREIN AND ALL THE TERMS & CONDITIONS INCORPORATED BY REFERENCE (‘Terms’) THAT FORM THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY REGARDING THE USE OF THE TruOPD. KINDLY READ THESE TERMS CAREFULLY BEFORE USING THE MOBILE APPLICATIONS AND WEBSITE AND INFORMATION PROVIDED BY TRU INFO SERVICES, ITS SUBSIDIARIES AND AFFILIATES (hereinafter, “TRUINFO”). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR MOBILE APPLICATIONS OR WEBSITE.
Our services may change from time to time and TRUINFO may, without notice to you, at any time amend these Terms, the latest Terms will be posted on our mobile applications and website, and you should review the Terms on regular basic prior to using the mobile applications and website. Your continued use of the mobile applications and websites after any changes to these Terms are posted will be considered acceptance of those changes.
Definitions
- *Telemedicine is the delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities.
- *Registered medical practitioners (RMPs) is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.
- HealthCare Provider(s) An RMP (an individual professional, Hospital or an organization) wishing to be listed, or already listed, on the TruOPD, including designated, authorized associates of such HealthCare Provider (HealthCare Provider(s), you, users’).
- Patient(s) is an individual or his/her representatives that is willing to avail services provided by the App (“End User”, “you” or “users”).
- Visitor(s) As a visitor, the Users can view, visit and browse through the TruOPD. You need not register to simply visit and view the App, to browse and see the partial, publicly accessible information in the App.
- Registered User(s) One must create an account(register) with TruOPD App in order to avail the services offered on the TruOPD App. Registered Users can be Patients or Healthcare Providers. The user is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all usage of the User’s account and password, the User shall notify us in case of any actual or suspected unauthorized use of the User’s account. TruOPD will not be liable for your losses caused by any unauthorized use of your account however you may be liable for the losses of TruOPD or other parties, due to any unauthorized use of your account.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Our Services
TruOPD is a mobile application allowing Patient to consult participating HealthCare Providers for non-life threatening or non-emergency services by either booking In-Clinic or Virtual (Video Calling) Appointments. All the Healthcare Providers on the TruOPD Mobile App are independent HealthCare professionals solely responsible for the services each provides to the Patient.
TruOPD is just a technology platform through which an independent, third-party Health Care Provider provides healthcare services to the Patients. TruOPD DOES NOT practice medicine or any other licensed profession and does not interfere with the practice of medicine or any licensed profession by health care providers, each of whom is responsible for his or her services and regulatory compliance with the requirements applicable to his or her profession, registration and license. TruOPD will not be liable for any professional advice Users obtain from a HealthCare Provider via the TruOPD Mobile App. The medical advice provided by a Health Care Provider is not under the control of TruOPD, nor is it provided to or used by TruOPD.
Our services should not be used for emergencies or life-threating illness. If you think you have a medical emergency, or if at any time you are concerned about your treatment then go to the nearest clinic or hospital or emergency.
Eligibility
You must be 18 years of age or older to register, use the services, or visit or use the App in any manner. By registering, visiting and using the App and by agreeing to the Terms, you represent and warrant to TRUINFO that you are 18 years of age or older, and that you have the right, authority and capacity to use the App and the Services available through the App.
Patient Consent
*A Patient's consent is necessary for any telemedicine consultation; the consent is implied If the patient initiates the telemedicine consultation. An Explicit patient consent is needed if a Healthcare Provider initiates a Telemedicine consultation. An Explicit consent can be recorded in any form. Patient can send an email, text or audio/video message. Patient can state his/her intent on phone/video to the RMP (e.g. “Yes, I consent to avail consultation via telemedicine” or any such communication in simple words). The RMP must record this in his patient records.
Terms specific to Healthcare Providers
If you are a HealthCare Provider, you accept responsibility for your Patients as well as yourself in the use of this TruOPD App. You are responsible for obtaining needed licenses, qualifications and certifications which may be required to practice your profession when using this App and maintaining compliance with regulatory and local requirements. TruOPD has established reasonable safeguards and procedures to protect the security of patient information, but you must also take steps to protect your privacy and confidentiality of your Patients.
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By creating an account, providing your personal, professional and healthcare practice details, and completing appointments on TruOPD App, you are authorizing TruOPD to store your personal, professional and healthcare practice and appointments history.
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You are also authorizing TruOPD to display your profile on the app so that the patients can view and book appointments however TruOPD reserves the right to display or not to display Healthcare Providers Profile with or without notice to the concerned Healthcare Provider.
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By registering and accepting appointments on TruOPD, you also agree to take utmost care while providing healthcare services to the patients and make best efforts to consult patients within 15-30 minutes of the scheduled appointment date and time.
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*In accordance with Govt. Of India Telemedicine guidelines, TruOPD is obligated to ensure that the Patients are consulting with Registered medical practitioners duly registered with national medical councils or respective state medical council thus will be collecting Healthcare Provider’s name, qualification, registration number and contact details.
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TruOPD uses its own logic to display Healthcare Providers on the search screen or under Featured section and doesn’t discriminate based on cast, color, rank, qualification or culture however may run promotions from time to time to feature certain Healthcare Providers meeting our criteria.
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If you find, any information displayed on the TruOPD App is incorrect, outdated or obsolete then you are required to update the information via the TruOPD App or contact TruOPD immediately by writing to info@truopd.com or via the App to make needed updates or corrections.
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TruOPD allows Healthcare Providers to provide feedback about their experiences with the App or services as per applicable law however TruOPD shall not be obliged to act in such manner as requested in the feedback, such as suggestions to remove a competitive Healthcare Provider from the App.
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TruOPD provides the Healthcare Providers access to past appointments up to a maximum of 12 for each patient however it is Healthcare Provider’s responsibility to maintain all records of Patient’s Health information. The appointment records are shared with the Patient who received the healthcare services.
Terms specific to Patients
If you are a
Patient, you accept responsibility for yourself in the use of
TruOPD App. You acknowledge that your relationship for healthcare services is with your HealthCare Provider, and your obtaining services from the HealthCare Provider is solely at your own risk and you assume full responsibility for all risk associate therewith, to the extent permitted by law. By using the
TruOPD, you agree to not hold
TRUINFO liable in any way for any malpractice or substandard treatment the HealthCare Provider may render. TruOPD makes best efforts to confirm that the Healthcare Providers listed on the App are RMPs duly registered with national medical councils or respective state medical council however does not validate the credential of HealthCare Providers and does not validate that they are in good standing with their respective licensure board. It is the Patient’s responsibility to separately confirm that the Health Care Provider is in good standing with his or her respective licensing authorities.
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TruOPD will make all efforts to ensure that the Users are provided confirmed appointment after successful payment and consulted at the schedule date and time however TruOPD has no liability if such an appointment is later cancelled, rescheduled or delayed by the Healthcare Provider, or the Healthcare Provider is not available for appointment but TruOPD will refund the appointment fee as per Cancellation & Refund Policy listed below.
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TruOPD has a feature for Patients to provide feedback about their experiences with the Healthcare Providers as per applicable law however TruOPD shall not be obliged to act in such manner as requested in the feedback, such as suggestions to remove a Healthcare Provider from the App.
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By creating an account, providing your personal details, booking appointments on TruOpd App, you are authorizing TruOPD to store personal details, appointments booked and completed by you. TruOPD will make best efforts to securely store the data and provide access to it, however TruOPD is not liable for any interruption that may be caused to your access of the data or other services.
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TruOPD provides the Patient access to past appointments up to a maximum of 12 and will purge remaining records so it is Patient’s responsibility to take regular backup of their past appointments. The appointment records are shared with Healthcare Provider who provided the healthcare services.
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As mentioned in section ‘Our Services’, TruOPD is not responsible for the services provided by the Healthcare Provider or any contents, diagnosis, recommendation, prescriptions etc. documented in the appointments.
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TruOPD uses secure encryption methods to store your appointment record however TruOPD does not guarantee to prevent unauthorized or illegal access if you lose your account credentials or they are stolen or compromised. In case, you are aware of any unauthorized use or access, you are advised to immediately inform TruOPD @ info@truopd.com or via the App.
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TruOPD app doesn’t allow deletion of an account or appointment records to prevent abuse or misuse of the app however the users can request TruOPD by writing to info@truopd.com or via the App if they wish to close & delete account and their appointment records.
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If you find, any information displayed on the TruOPD App is incorrect, outdated or obsolete then you are required to update the information via the TruOPD App or contact TruOPD immediately by writing to info@truopd.com or via the App to make needed updates or corrections.
Cancellation & Refund Policy
- The Patients can cancel their paid appointment 1 day prior to the appointment date & time for full refund but will not be able to cancel on the day of the appointment, it will be considered as 'No-Show' if they don't show up for the appointment, forget the appointment etc. and no refund will be issued.
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o If the Patient is unable to visit the Healthcare Provider, due to unforeseen reasons, emergency etc. then at the sole discretion of TruOPD, the User may be provided with a partial credit for a future appointment of such payment made by patient at the time of booking.
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If for some reasons, the Healthcare Provider was not able to meet the Patient on the day of the appointment, the User will need to write to us at info@truopd.com or via the TruOPD App within 2 Business days from the occurrence of such event, in that case after verification and confirmation by the Healthcare Provider, TruOPD will refund full appointment fee paid by the patient within the next Seven (7) business days in the original mode of payment.
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The patient will not be eligible for any refunds in case the Healthcare Provider was unable to meet at the exact time of the scheduled appointment time and the patient was required to wait.
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or the patient decided to not seek the services from the Healthcare Provider.
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Healthcare Providers can cancel their appointment 1 day prior to the appointment date & time but will not be able to cancel on the day of the appointment, it will be considered as 'No-Show' if they miss to show up on the day and time of the appointment and may be suspended for a period of up to a month in case of such repeated instances.
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TruOPD reserves the right to make the final decision in case of a conflict. The total aggregate liability of TruOPD with respect to any claims made herein shall be up to INR 500.00
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by
TRUINFO.
TRUINFO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that
TRUINFO 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, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
The users must not to upload or post any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, corrupted files or code, files and programs designed to impede or destroy the functionality of any app, software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, your right to use the service will cease immediately.
Limitation of Liability
In no event, including but not limited to negligence, shall TRUINFO, or any of its Partners, directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the TruOPD APP or the content, materials and functions related thereto, the Services, User’s provision of information via the App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
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provision of or failure to provide all or any service by Healthcare Providers to the Patients contacted or managed through the App;
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any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the App;
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any unauthorized access to or alteration of your transmissions or data; or
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any other matter relating to the App or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 100/- (Rupees One Hundred Only).
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TRUINFO, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the TRUINFO provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the TRUINFO nor any of the TRUINFO's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the TRUINFO are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Governing law & Disputes Resolution
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You agree that this Agreement and any contractual obligation between TRUINFO and User will be governed by the laws of India.
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If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting TRUINFO.
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Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the TruOPD App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by TRUINFO.
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Subject to the above clause, the courts at Muktsar shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
Queries and Grievances
In accordance with Government of India Telemedicine Guidelines, If a User has any questions, Grievances or feedback concerning TruOPD, this Agreement, the Services, or anything related to any of the foregoing, TruOPD customer support can be reached at the following email address: info@truopd.com or via the TruOPD App or via the contact information available on our website http://www.truopd.com/contact
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
Thank you for going through and agreeing to these Terms, please feel free to contact us If you have any questions at email: Info@truopd.com.
Tru Info Services
Booth no. 125, New Grain Market,
Sri Muktsar Sahib, 152026, Punjab
* Source: https://www.mohfw.gov.in/pdf/Telemedicine.pdf