Liability Disclaimer

1. Nature and Applicability of Terms:

  • We urge you to thoroughly review these terms and conditions, as well as our privacy policy, accessible at https://www.onlineopd.com/company/privacy, before deciding to access our website or utilize the services provided by Onlineopd. These terms, in conjunction with the privacy policy, collectively constitute a legally binding agreement ("Agreement") between you and Onlineopd, pertaining to your interactions with the website and your utilization of the services (referred to as "Services").

2. Services Offered:

  • This Agreement is relevant to various user categories: i. Healthcare practitioners or healthcare organizations, whether individual professionals or institutions, seeking inclusion or already listed on our website. This also includes authorized associates of these practitioners or institutions, referred to as "Practitioners," "you," or "User." ii. Patients, their representatives, or affiliates searching for Practitioners through our platform, known as "End-Users," "you," or "User." iii. Other users of the website, simply referred to as "you" or "User."
  • The Agreement applies to services provided by Onlineopd on our website, some of which are offered free of charge. These services include: iv. For Practitioners: The listing of Practitioners, their profiles, and contact information, accessible to other Users and website visitors. v. For other Users: The ability to (i) create and maintain 'Health Accounts,' (ii) search for Practitioners based on name, specialty, location, or other criteria introduced by Onlineopd, and (iii) schedule appointments with Practitioners.
  • Please note that the Services may evolve over time at Onlineopd's sole discretion, and this Agreement applies to your interactions with the website and the information you provide at any given moment.

3. Acceptance of Agreement:

  • This Agreement outlines the terms and conditions governing your usage of the website and details how we manage your account as a registered member. Should you have inquiries about any part of this Agreement, please don't hesitate to contact us at support@onlineopd.com.
  • By downloading or accessing the website for the purpose of using our Services, you unequivocally accept all the conditions outlined in this Agreement, the Subscription Terms of Service, and the Privacy Policy posted on our website. This Agreement supersedes any prior verbal or written terms and conditions, if any, conveyed to you regarding your use of our website and Services. The use of any Service indicates your consent to the terms of this Agreement.

4. Modifications and Termination:

  • We retain the right to amend or terminate any portion of this Agreement at our discretion, with written notification to you. It is advisable to regularly review the Agreement for any updates.

5. Legal Compliance:

  • This Agreement is issued in compliance with Indian law, including, but not limited to, the Indian Contract Act, 1872, the Indian Information Technology Act, 2000, and the associated rules, regulations, guidelines, including the Indian Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the Indian Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").

6. Onlineopd's Discretion:

  • Your access to the website and Services is solely at the discretion of Onlineopd.

7. Non-Acceptance of Agreement:

  • If you do not concur with any aspect of this Agreement, kindly refrain from using the website or availing any of our Services. Your access and use of the website and Services are contingent upon Onlineopd's approval.
  1. Collection of Device Information and Usage Data (3.1.2):Onlineopd collects information related to the devices users use to access the website and anonymous usage data. This data is used to improve the quality of Onlineopd's services and to develop new services.
  2. Access to Personal Contact Information (3.1.3):Onlineopd may have access to the personal email or phone numbers of registered users. This access is for communication purposes, such as booking appointments and obtaining feedback about practitioners and their practices.
  3. Privacy Policy Details (3.1.4): The privacy policy outlines:
    • The type of information collected, including sensitive personal data.
    • The purposes and methods of using this information.
    • How and to whom this information will be disclosed.
    • Other information mandated by Indian law, including SPI Rules.
  1. User Responsibility (3.1.5): Users are expected to read and understand the privacy policy to ensure they are aware of:
    • What information is being collected.
    • The purposes for which information is collected.
    • Who will receive this information.
    • How the information is collected and stored.
    • The name and address of the agency collecting and retaining the information. Access to the website and services is at the discretion of Onlineopd.
  1. Compliance with Indian Law (3.1.5): The agreement is published in compliance with Indian laws, including:
    • The Indian Contract Act, 1872.
    • The Indian Information Technology Act, 2000.
    • Rules, regulations, guidelines, and clarifications under these acts, including SPI Rules and IG Rules.
  1. Conditions of Use (2): Users must be at least 18 years old to register and use the services or the website. By registering and using the website, users confirm that they are of legal age and agree to abide by the terms of the agreement.
  2. Terms of Use for Users (3): This section specifically applies to users (non-practitioners).
  3. End-User Account and Data Privacy (3.1.1): Definitions of "personal information" and "sensitive personal data or information" are provided, and it's mentioned that these definitions can be found in the Rules and the Privacy Policy.


 

3.1 User Information and Account Security:

  • Onlineopd is not responsible for the authenticity of personal information or sensitive data provided by users.
  • Users are responsible for maintaining the confidentiality of their account access information and password.
  • Users should immediately report any unauthorized use of their account.
  • Onlineopd may discontinue services if a user provides untrue or incomplete information.

3.1.9 Data Usage:

  • Onlineopd may use user information for debugging and customer support purposes.

3.1.10 Call Recording:

  • Users can choose to call practitioners through a video telephony service provided by Onlineopd. Calls may be recorded with the user's consent.
  • Users are advised to use the call facility only for appointment and booking purposes, not for health-related consultations.

3.2 Relevance Algorithm:

  • Onlineopd's relevance algorithm lists practitioners on its website based on automated computation of various factors, including user input and feedback.
  • The order of practitioner listings may change over time, and Onlineopd is not liable for this.

3.3 Listing Content and Disseminating Information:

  • Onlineopd collects and displays information about practitioners, but it cannot guarantee the accuracy or completeness of this information.
  • Onlineopd disclaims all liability for the website's content and information provided by users or practitioners.
  • The website may contain links to third-party websites, and Onlineopd is not responsible for their content or reliability.

3.4 Book Appointment and Call Facility:

  • Onlineopd allows users to connect with practitioners through telephonic, video and internet services.
  • Onlineopd is not liable if a booked appointment is canceled by the practitioner.
  • Information shared during telephonic services may be stored in accordance with the privacy policy.
  • Users should not consider search results as endorsements by Onlineopd.
  • Onlineopd is not responsible for interactions between users and practitioners, nor is it involved in providing medical advice or diagnoses.
  • **3.4.2 If a User has utilized our telephonic services, Onlineopd reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, following our Privacy Policy guidelines.
  • **3.4.3 The results of any search that Users perform on the Website for Practitioners should not be seen as an endorsement by Onlineopd of any particular Practitioner. Should a User decide to engage with a Practitioner for medical services, they do so at their own risk.
  • **3.4.4 Without diminishing the scope of the above, please note that Onlineopd is not involved in providing healthcare or medical advice or diagnosis. Consequently, we are not responsible for any interactions between Users and Practitioners. Users understand and accept that Onlineopd will not be held liable for:
  • i. User interactions and associated issues with Practitioners. ii. The Practitioner's ability or intent, or lack thereof, in fulfilling their obligations towards Users. iii. Any incorrect medication or the quality of treatment provided by the Practitioner, or any instances of medical negligence by the Practitioner. iv. Inappropriate treatment or any inconveniences experienced by the User due to a failure on the part of the Practitioner to provide the agreed-upon services. v. Misconduct or inappropriate behavior by the Practitioner or the Practitioner's staff. vi. Appointment cancellations or no-shows by the Practitioner or variations in fees charged, provided these issues have been addressed under the Onlineopd Guarantee Program.
  • **3.4.5 Users are permitted to provide feedback about their experiences with Practitioners. However, Users must ensure that their feedback complies with applicable laws. Users should understand that Onlineopd is not obliged to act in a way that may lead to the delisting of a specific Practitioner from the Website, based on User feedback.
  • **3.4.6 In the event of a 'Patient-No-Show (P.N.S),' where a User fails to attend an appointment with a Practitioner:
  • i. The User's account will be temporarily disabled from booking online appointments on Onlineopd.com for the next four (4) months after three (3) valid PNS occurrences, as per the Patient-No-Show Policy. However, Users can still contact the clinic via Onlineopd.com to schedule appointments.
  • ii. A 'Patient-No-Show (P.N.S)' is defined as any instance where a User who booked an appointment on the Website fails to show up without canceling, rescheduling, or informing the Practitioner in advance. When the Practitioner reports such incidents or marks an appointment as P.N.S. within five (5) days of the scheduled appointment, Onlineopd will send an email and SMS ("PNS Communication") to the User to confirm the incident and reasons. If the User cannot establish a legitimate reason, Onlineopd may take actions as per Clause 3.4.6(a). However, Users should understand that these actions are intended to deter misuse of the Website and compensate Practitioners for lost business hours.
  • iii. Valid PNS cases, at Onlineopd's discretion, include situations where the User does not respond within seven (7) days with valid reasons, such as forgetting the appointment, choosing to consult another Practitioner, being busy with other commitments, or similar reasons. In cases of genuine sickness, a refund may be provided after investigation, but cancellation charges may still apply.
  • iv. Onlineopd retains the final decision in case of conflicts, and the total aggregate liability of Onlineopd with respect to any claims shall be limited to INR 200.
  • **3.4.7 Cancellation and Refund Policy
  • i. If a User has booked a paid appointment via the Website but the Practitioner cannot meet the User, the User must notify us at support@onlineopd.com within five (5) days. In this case, the entire consultation amount mentioned on the Website will be refunded to the User in the original mode of payment within the next five (5) to six (6) business days. If a User fails to show up for a booked appointment without canceling beforehand, no refund will be issued, as per Clause 3.4.6.
  • ii. Users will not be eligible for refunds if the Practitioner is unable to meet the User at the exact scheduled appointment time, even if the User is required to wait.
  • **3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
  • **3.5.1 Please be aware that some of the content, including text, data, graphics, images, and information available on the Website, may be provided by medical professionals. However, this information does not establish a licensed medical professional-patient relationship between Onlineopd and you. It does not constitute medical advice, diagnosis, or treatment for any particular condition. It is meant solely to assist you in finding appropriate medical care from qualified practitioners.
  • **3.5.2 It is important to clarify that the information you receive from Onlineopd, its employees, contractors, partners, sponsors, advertisers, or licensors on the Website is for informational purposes only. We make no guarantees, representations, or warranties, whether expressed or implied, regarding professional qualifications, work quality, expertise, or any other information provided on the Website. We shall not be liable for any decisions or actions you take based on such information.
  • **3.5.3 The Services provided on the Website are not intended to replace emergency healthcare. If you are facing a medical emergency, please contact an ambulance service or hospital directly.
  • **3.6 CONSULT Click here to view Consult terms & conditions.
  • **3.7 ONLINEOPD HEALTH FEED
  • These terms and conditions govern Onlineopd Health Feed and apply to Users (both end-users and Practitioners). However, it is important to note that specific terms and conditions applicable only to Practitioners and Users are separately identified, as context dictates.
  • **3.7.1 Onlineopd Health Feed is an online content platform available on the Website, where Practitioners with Onlineopd profiles can log in and post health and wellness-related content.
  • **3.7.2 Practitioners can use Onlineopd Health Feed by logging into their health accounts, creating original content comprising text, audio, video, images, data, or any combination thereof ("Content"), and uploading this Content to Onlineopd's servers. Onlineopd provides a gallery of images licensed from a third-party stock image provider ("Onlineopd Gallery"). Practitioners can either use these images or upload their own. Onlineopd does not provide any warranty regarding the ownership of the intellectual property in the Onlineopd Gallery, and Users acknowledge and use these images at their own risk. Onlineopd may post this Content to Onlineopd Health Feed at its discretion, subject to these Terms and Conditions. It is important to note that Content uploaded via Onlineopd Health Feed does not constitute medical advice.
  • **3.7.3 Practitioners acknowledge that they are the original authors and creators of any Content they upload via Onlineopd Health Feed, and such Content does not infringe upon the intellectual property rights of others. Onlineopd reserves the right to remove any Content that it determines, at its discretion, violates the intellectual property rights of others, including patents, trademarks, copyrights, or other proprietary rights. Practitioners also agree to indemnify Onlineopd against all claims arising from third-party intellectual property rights due to the Practitioner's uploading of Content on Onlineopd Health Feed.
  • **3.7.4 Practitioners hereby assign to Onlineopd all intellectual property rights in any Content created and uploaded by the Practitioner via Onlineopd Health Feed.
  • **3.7.5 Onlineopd reserves the right to edit or remove Content and comments in a manner it deems appropriate at any time.
  • **3.7.6 Practitioners must ensure that their Content and responses to Content (including responses to Users) are not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, or libelous. Furthermore, Content should not invade others' privacy or contain elements that are hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful. Onlineopd reserves the right to remove any Content violating these Terms and Conditions or applicable laws. Practitioners also agree to indemnify Onlineopd against claims arising from the nature of Content posted on Onlineopd Health Feed.
  • **3.7.7 Practitioners must ensure that their Content complies with all current laws.
  • **3.7.8 Practitioners must ensure that their Content does not threaten the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order. The Content should not incite the commission of any cognizable offense or insult any other nation.
  • **3.7.9 Users can use Onlineopd Health Feed to view original Content created by Practitioners and to create and upload comments on such Content, where allowed ("User Comment").
  • **3.7.10 Users acknowledge that User Comments reflect the views and opinions of the authors of the Content and do not necessarily reflect Onlineopd's views.
  • **3.7.11 Users agree that Content accessed on Onlineopd Health Feed does not constitute medical advice. Users bear responsibility for their actions resulting from interpreting Content, and they agree to indemnify Onlineopd against claims arising from their actions based on Content viewed on Onlineopd Health Feed.
  • **3.7.12 Users acknowledge that all intellectual property rights in User Comments on Onlineopd Health Feed belong to Onlineopd. Users agree not to infringe upon Onlineopd's intellectual property by copying or plagiarizing content on Onlineopd Health Feed. Onlineopd reserves the right to take legal action against Users for such infringement. User Comments will be the sole intellectual property of Onlineopd, and Users agree not to post User Comments that violate the intellectual property rights of any third party.
  • **3.7.13 Users must ensure that User Comments are not harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, or libelous. User Comments should not invade others' privacy or violate any laws or regulations. Users should also ensure that User Comments do not threaten the unity, integrity, defense, security, or sovereignty of India or friendly relations with foreign states, or public order.

1. Content Guidelines and Removal (Section 3.7):

In this section, Onlineopd outlines the rules and regulations concerning the content that users post on their platform. The platform reserves the right to remove any content that it deems inappropriate, offensive, discriminatory, or in violation of any applicable laws. This includes content that promotes hate speech, racism, or any form of discrimination, as well as content that could potentially lead to legal issues.

Onlineopd emphasizes its discretion in deciding what content violates these terms and conditions and can be removed. Users are explicitly informed that they are responsible for the content they generate or post on the platform and should ensure that their contributions adhere to these guidelines.

Furthermore, this section specifically warns users against creating content that threatens the unity, integrity, defense, security, or sovereignty of India. Additionally, content that jeopardizes friendly relations with foreign states or public order is prohibited. Any content that incites or encourages the commission of a recognizable offense is also not allowed. Insults directed at other nations are explicitly mentioned as unacceptable.

2. Content Ownership and Copyright (Section 3.8):

This section deals with the ownership and copyright of content available on the Onlineopd website. Onlineopd differentiates between two categories of content: content generated by users and content owned by Onlineopd.

Onlineopd asserts its ownership of the information collected from end-users and practitioners. This means that any data collected by the platform directly or indirectly from users or practitioners belongs to Onlineopd.

Users are explicitly prohibited from copying, modifying, reproducing, publicly displaying, distributing, or using Onlineopd's copyrighted content for commercial purposes or personal gain. This prohibition is based on applicable copyright and trademark laws.

Users are granted permission to view and access the content on the website solely for specific purposes, such as ordering services, receiving information, and communicating, as long as they adhere to the terms of this agreement.

3. Patient Stories (Section 3.9):

This section addresses the sharing of information on the Onlineopd platform, particularly the submission of patient stories or recommendations related to healthcare practitioners.

Onlineopd clarifies its role as an intermediary in publishing patient stories, positioning itself within the framework of the Information Technology Act, 2000. This means that Onlineopd does not take responsibility for the content of patient stories and, as such, disclaims any responsibility for the accuracy or legality of the content.

Users are reminded that they bear full responsibility for any content they choose to submit for publication on the website, including patient stories. Onlineopd emphasizes that it acts solely as a platform for sharing content and stories and does not endorse or validate the information contained in patient stories.

Onlineopd reserves the right to contact users for feedback, complaint resolution, or other communication related to their submitted content.

4. Health Records (Section 3.10):

This section introduces Onlineopd's "Records" feature available on its mobile application. Health Records are divided into two main categories: user-created and practice-created.

  • User-Created Records: Users generate this information themselves or during their interactions with the Onlineopd ecosystem, such as appointment bookings or ordering medications.
  • Practice-Created Records: These are health records generated by healthcare practitioners who use Onlineopd's services and software, such as Onlineopd Ray.

Before creating Records, users must explicitly accept the terms specified in this section. It also highlights that Onlineopd does not validate the information contained in practice-created Health Records.

Important points regarding Health Records:

  • Users are responsible for keeping their contact information, including mobile numbers and email addresses, up-to-date in their Records.
  • Users can delete their Records, but it is mentioned that practitioner-generated records may continue to exist.
  • Security measures, including encryption, are employed to protect Health Records, but users are urged to safeguard their login credentials and report any unauthorized access.
  • Users are cautioned that Onlineopd is not responsible for any loss or inconvenience arising from their failure to update contact details.

This section also covers scenarios where users access the Health Records of their dependents. In such cases, users are deemed responsible for their dependents' Health Records and must obtain their consent for sharing sensitive personal information.

Onlineopd may need to access Health Records in cases of technical or operational issues, and practitioners may use Onlineopd's services for the storage of these records in India and potentially outside India, in accordance with applicable laws.

Additionally, if Health Records have been shared with Onlineopd or stored using Onlineopd products, users agree to the storage of their records by Onlineopd, even if they have visited different clinics or hospitals affiliated with Onlineopd. This data mapping occurs when users create an account with Onlineopd.

5. Medicine Information (Section 3.11):

This section mentions the topic of medicine information but does not provide specific details or terms. Users are referred to another section or document for comprehensive terms and conditions related to medicine information.

6. Onlineopd Q&A (Section 3.12):

This section outlines the terms and conditions for Onlineopd's Q&A platform, which allows users to seek information in a question-and-answer format.

Key points in this section include:

  • Practitioners on the Q&A platform must be qualified in their respective areas of expertise.
  • The Q&A platform is for the exchange of general information and is not suitable for emergency situations.
  • Any interaction on the Q&A platform does not establish a doctor-patient relationship.
  • Practitioners can provide general views, recommendations, and suggestions but cannot offer medical advice or prescriptions.
  • Practitioners are prohibited from sharing personal, religious, or moral views and from advertising drugs or soliciting patients.

Onlineopd reserves the right to take appropriate actions, such as warnings or removal from the Q&A platform, in case of violations of these terms.

7. Onlineopd Diagnostics (Section 3.13):

This section mentions diagnostics but does not provide specific terms and conditions. Users are advised to refer to another section or document for comprehensive details regarding Onlineopd Diagnostics.

8. OnlineopdReferral points (Section 3.14):

OnlineopdReferral points is described as a benefit granted to users in the form of credits within their Onlineopd accounts. Users can redeem these credits to pay for specific services on the platform, as determined by Onlineopd.

This section does not specify the exact conditions for earning or redeeming Referral points, so users may need to refer to other sections or policies for this information.

It's essential to note that the actual terms and conditions provided by Onlineopd may contain additional details, legal language, and specific instructions. Users are strongly advised to review the complete terms and conditions thoroughly before using the Onlineopd platform.

Section 3.14 - OnlineopdReferral points:

OnlineopdReferral points is an in-platform digital credit system offered by Onlineopd. It serves as a form of virtual currency that users can earn and use for various services available on the Onlineopd platform. Here's a deeper look at the key aspects:

  • Earning Referral points: Users can accumulate Referral points by engaging in different activities on the Onlineopd platform. These activities include ordering medicines online, consulting doctors remotely, scheduling diagnostic tests, pre-paying for doctor appointments, or subscribing to healthcare plans. Essentially, the more users utilize Onlineopd's services, the more Referral points they can earn.
  • Redeeming Referral points: Referral points can be used by users to make payments for specific services offered on the Onlineopd platform. However, it's important to note that only a percentage of the total amount to be paid for the availed services can be redeemed using Referral points. This percentage may vary, and Onlineopd sets it. It's a way for Onlineopd to reward and incentivize loyal users.
  • Non-Conversion to Actual Money: Referral points has no real-world monetary value and cannot be converted into physical currency. Users cannot transfer it to their bank accounts. Instead, it's a form of credit that can only be used within the Onlineopd ecosystem.
  • Expiry Date: Some Referral points may come with an associated expiry date. This means that users must use their Referral points before a specified date. The length of time until expiration can vary but will not exceed two years. Onlineopd will notify users about the expiry date through SMS, email, or in-app notifications. Additionally, Onlineopd reserves the right to withdraw Referral points before its expiry date, at its discretion.
  • Onlineopd's Discretion: Onlineopd has the authority to deny Referral points to any user, even if the user meets all the requirements outlined in the terms. This provides Onlineopd with flexibility in managing the Referral points system.
  • Referral points Terms: The rules governing the accrual, utilization, expiration, and other aspects of Referral points may be further detailed in the Referral points Terms. If there is any inconsistency between the terms and the Referral points Terms, the latter will take precedence.

Section 4 - Terms of Use for Practitioners:

This section specifically addresses healthcare practitioners who are listed on the Onlineopd platform. It lays out various rules and policies that practitioners must adhere to when using the platform. Here's a more in-depth explanation:

  • Listing Policy (4.1):Onlineopd collects and displays information about practitioners' profiles and practices. This information is intended to facilitate interactions with end-users and other users of the platform. Onlineopd has the authority to remove or display these profiles, with or without notice to the practitioner. If any information displayed is found to be incorrect, practitioners are required to inform Onlineopd for necessary corrections. However, Onlineopd is not responsible for the rankings of practitioners on external websites or any losses that users may incur due to disclosures made with their consent.
  • Profile Ownership and Editing Rights (4.2):Onlineopd owns the profiles and photographs of practitioners listed on its platform. While practitioners can request updates or changes to their profiles, Onlineopd has the discretion to accept or reject these requests. Practitioners are responsible for ensuring that the content they upload complies with all applicable laws and does not violate third-party rights, including intellectual property rights.
  • Patient Stories Display Rights of Onlineopd (4.3):Onlineopd allows users to create patient stories and share their experiences. Onlineopd acts as an intermediary under the Information Technology Act, 2000, regarding this content. While Onlineopd reserves the right to collect feedback and patient stories for practitioners, it is not responsible for negative patient stories and content. Onlineopd takes steps to comply with applicable laws concerning the publication of such content.
  • Relevance Algorithm (4.4):Onlineopd employs a relevance algorithm to provide users with search results that are most pertinent to their queries. The algorithm may be adjusted periodically to improve the quality of results for end-users. However, Onlineopd is not liable for any impact on a practitioner's business due to changes in the algorithm.
  • Independent Services (4.5): Each service provided by Onlineopd comes with its own set of rights and obligations that apply specifically to that service. Practitioners should understand the unique terms associated with each service they use.
  • Onlineopd Reach Rights (4.6):Onlineopd has the right to display sponsored advertisements on its platform. These ads are clearly marked as "Sponsored ads." Onlineopd does not guarantee the accuracy of information or claims made in these ads. While Onlineopd does not encourage users to visit these ads or avail services from them, it is not liable for the services provided by the advertisers.
  • Onlineopd Medicine Information (4.7).

In summary, these terms and conditions provide a comprehensive framework for the use of OnlineopdReferral points by users and outline various policies and rights for healthcare practitioners listed on the platform, including profile management and patient feedback. It also addresses the relevance algorithm, sponsored ads, and medicine information on the platform. Practitioners are expected to use the platform in accordance with applicable laws and regulations.

Section 4.8 - Book Appointment and Call Facility:

  • 4.8.1: Onlineopd aims to ensure a beneficial experience for both practitioners and users on its booking platform. The terms and conditions for booking facilities on Onlineopd profiles are covered separately under "Book Standards."
  • 4.8.2: Onlineopd clarifies that it will not be held liable for any comments or feedback provided by users regarding the services offered by practitioners. The decision to publish, modify, moderate, or mask feedback provided by users is solely at Onlineopd's discretion.

Section 4.9 - Practitioner Undertaking:

Onlineopd sets forth the requirements for practitioners listed on its platform:

  • Practitioners must be duly registered, licensed, and qualified to practice medicine or provide healthcare and wellness services in compliance with applicable laws and regulations.
  • Practitioners should not be part of any arrangement that prohibits them from practicing medicine within India.
  • Practitioners must adhere to all applicable laws and provide care and consultation services with the utmost care.

Section 4.10 - Usage in Promotional & Marketing Materials:

Onlineopd recognizes the various services it provides to practitioners and outlines the following permissions:

  • Practitioners may allow Onlineopd to include a brief description of the services provided in Onlineopd's marketing, promotional, and advertising materials.
  • Practitioners may be referenced in case studies and related marketing materials.
  • Practitioners may serve as references to Onlineopd's clients.
  • Practitioners may provide video logs, testimonials, e-mailers, banners, interviews to the news media and quotes for press releases.
  • Practitioners' names, logos, brand images, and taglines may be used in product literature, e-mailers, press releases, social media, and other advertising, marketing, and promotional materials, subject to the practitioner's reasonable right to review and approve.

Section 5 - Rights and Obligations Relating to Content:

:

  • 5.1: Users are not allowed to host, display, upload, modify, publish, transmit, update, or share any information that infringes on the rights of others, is harmful, harassing, defamatory, obscene, or otherwise unlawful. Users must not impersonate others or contain malicious software.
  • 5.2: Users are prohibited from violating the integrity or security of the Onlineopd website, submitting false information, making unsolicited communications, or using automated tools to navigate the site, among other things.
  • 5.3: Onlineopd has the right to disable any information that violates the rules mentioned in 5.1 and 5.2. It may also preserve such information and records for up to 90 days for investigation purposes.
  • 5.4: Onlineopd can terminate a user's access if they fail to comply with applicable laws, rules, regulations, or the agreement, including the privacy policy.
  • 5.5: Onlineopd may disclose user-generated information to its affiliates or governmental authorities as permitted or required by applicable law, and users consent to such transfer.

Section 6 - Termination:

  • 6.1: Onlineopd reserves the right to suspend or terminate a user's access to the website and services for various reasons, including breaches of terms, third-party reports of violations, inability to verify user information, or suspicion of illegal or abusive activity.
  • 6.2: Upon termination, users may no longer access their data on the website. Users are responsible for maintaining backups of any records related to services they have provided.

Section 7 - Limitation of Liability:

  • This section limits the liability of Onlineopd and its entities for any damages, whether direct, indirect, special, incidental, consequential, exemplary, or punitive, arising from the use of the website, services, or information on the website. Onlineopd is not liable for the provision of services by practitioners, content posted by users, unauthorized access to user data, or any other matter related to the website or services.

Section 8 - Retention and Removal:

  • Onlineopd may retain user information collected from the website or services for as long as necessary, as per the SPI Rules. Server logs may also be preserved for administrative purposes.

Section 9 - Applicable Law and Dispute Settlement:

  • This section specifies that the agreement between Onlineopd and users will be governed by Indian laws. Any disputes will be resolved through arbitration in India, following the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Gurgaon. The courts in Gurgaon will have exclusive jurisdiction over disputes.

Section 10 - Contact Information Grievance Officer:

This section may contain contact information for Onlineopd's grievance officer, allowing users to reach out in case of grievances or concerns.

Section 10: Customer Support and Grievance Handling

  • 10.1 Customer Support: Onlineopd provides customer support for any questions or concerns related to their website, services, or the agreement itself. You can contact their customer support team via email at support@onlineopd.com or through the contact information available on their website at www.onlineopd.com/contact.
  • 10.2 Grievance Officer: As per the Information Technology Act, 2000, and its associated rules, Onlineopd appoints a Grievance Officer to handle any grievances or discrepancies related to their website or services. The Grievance Officer's contact information is as follows:
    • Name: Sanjay Verma
    • Company: Grownine Technologies Pvt Ltd
    • Address: G602 JMD Gardens, Sector 43, Gurgaon, Haryana, India
    • Email: Help@onlineopd.com

If you face any issues due to unauthorized access or misuse of the website as per Rule 3 of the IG Rules, you should address your grievance to this designated person.

Section 11: Severability

  • This section addresses what happens if any part of the agreement is deemed unenforceable by a court or arbitral tribunal under applicable law. If a provision of the agreement is found unenforceable, it will be excluded from the agreement. The remainder of the agreement will still be in effect and will be interpreted as if the excluded provision were removed. However, this interpretation will aim to give effect to the original meaning and intention of the excluded provision within the bounds of the law.

Section 12: Waiver

  • This section emphasizes that no provision of the agreement will be considered waived, and no breach will be excused unless Onlineopd provides written consent and signs it. In other words, any waiver of a provision or excusal of a breach must be explicitly and formally communicated in writing by Onlineopd. A waiver for one breach does not imply a waiver for any other different or subsequent breaches.

Section 13:

  • 13.1 Offer Description: This section describes an offer related to OnlineopdReferral points that can be availed by providing your referral code to other users. The offer involves using referral Activation Codes availableon your account.

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  • 13.3 Activation Process: Explains how users can activate Onlineopd referral code  using the Activation Code through a buying services on online..
  • 13.4 User Agreement: States that by sending the Activation Request, users agree to the terms and conditions of the offer and the general terms. If not already registered, users must create an Onlineopd account linked to their mobile number.
  • 13.5 Usage Limits: Specifies that each Referral points Activation Code can be used only once.
  • 13.6 Referral points Value: Each code allows the user to activate OnlineopdReferral points worth INR 50.
  • 13.7 Usage Limit: Users can activate Onlineopd referral code through this offer multiple times, .
  • 13.8 Usage: OnlineopdReferral points can be used for specific online services, such as ordering medicines, consulting doctors, booking diagnostic tests, and pre-paying for doctor appointments.
  • 13.9 Expiry: OnlineopdReferral points activated using a Referral points Activation Code is valid lifetime and credits are credited only once when initial payment is made for the first time to buy services on onlineopd.com.
  • 13.10 :Onlineopd is not responsible for Referral points Activation Codes typed wrongly or after the services have been purchased. Activation code must be provided at the time of making the account.
  • 13.11 Code Validity: Onlineopd may not accept codes that have are entered or provided after the user profile has been created.been used according to their systems, even if they are from sealed packs, at their discretion.
  • 13.12 Discretion: Onlineopd reserves the right to offer OnlineopdReferral points at their discretion and may deny it to any user.
  • 13.13 Concerns: Users are directed to contact Onlineopd for concerns about the Onlineopd Products and Onlineopd for concerns related to the offered services.
  • 13.14 Terms Consistency: If there's any inconsistency between these terms and general terms, the general terms prevail.
  • 13.16 Governing Law: These terms are governed by Indian law.
  • 13.17 Dispute Resolution: Disputes related to these terms will be resolved through arbitration in India, with the seat of arbitration in Gurgaon.
  • 13.18 Jurisdiction: The courts of Gurgaon will have exclusive jurisdiction over disputes arising from these terms.

Section 14: Onlineopd Health Plan - User Terms and Conditions

  • This section introduces the Onlineopd Health Plan and outlines its nature and applicability.
  • It refers to the legal agreement between users and Onlineopd, which includes these specific Onlineopd Health Plan Terms in addition to the Standard Policies.
  • It explains that these terms apply to anyone who subscribes to the Health Plan Service on behalf of a patient, including family members. The primary user is the one who subscribes to the Health Plan Service.
  • Users can choose from different packages as per their needs.
  • The section states that users are bound by these terms when they avail of the Health Plan Service, and Onlineopd reserves the right to modify these terms, which will be communicated through notifications.

14.1 Nature and Applicability of Terms:

  • These Health Plan Terms are considered alongside Onlineopd's standard Terms and Conditions and Privacy Policy. Together, these documents form a legal agreement between the user (referred to as "You") and Onlineopd. Collectively, the standard Terms and Conditions and Privacy Policy are referred to as "Standard Policies."
  • Importantly, it is stated that if there is any conflict or inconsistency between the Health Plan Terms and the Standard Policies, the Health Plan Terms take precedence to resolve the inconsistency.
  • Users are encouraged to reach out to Onlineopd at support@onlineopd.com if they have any questions or need clarification about any aspect of these terms.
  • By availing the Health Plan Service, users are indicating their acceptance of both the Standard Policies and the Health Plan Terms.
  • Onlineopd reserves the right to modify or terminate any part of these Health Plan Terms and the Standard Policies for any reason and at any time. Users will be informed of such modifications through notifications on the website. It is advised that users regularly review these terms and policies to stay informed about any changes. Continued use of the Health Plan Service after modifications indicates your agreement to be bound by the updated terms and policies.
  • Lastly, it's made clear that if a user disagrees with any part of the Health Plan Terms or the Standard Policies, they should not use the Onlineopd website or avail the Health Plan Service.

14.2 Conditions of Use:

  • This section lays out conditions related to user eligibility and responsibility:
    • Users must be at least eighteen (18) years old to register on the Onlineopd website and avail of the Health Plan Service as a Primary User.
    • Primary Users have the option to add minors as Covered Members under their Health Plan. However, it's crucial to understand that the Primary User is entirely responsible for ensuring that the Covered Members who are below the age of majority comply with these Health Plan Terms.
    • By registering on the website, visiting it, and using the Health Plan Service, users are confirming that they are at least 18 years old and have the legal authority to contract on behalf of any Covered Member who is a minor. Users are also affirming that they have the right, authority, and capacity to use the website for Health Plan Service and agree to abide by these terms.

14.3 Terms of the Health Plan Service:

  • This section provides detailed information about the Health Plan Service:
    • 14.3.1 Term: The Health Plan Service's validity period is determined by the Plan Details, starting from the date of subscription. After the Term expires, users have the option to choose a different plan as per the Plan Details, subscribe to it, or renew their existing subscription. It's important to note that the benefits offered under the Health Plan Service cannot be carried forward beyond the Term.
    • 14.3.2 Registration: The Primary User is a registered user on the Onlineopd website and subscribes to the Health Plan Service by paying the applicable fees outlined in the Plan Details. The Health Plan can be used solely by the Primary User or for both the Primary User and any Covered Members. The Plan Details specify the maximum number of Covered Members allowed per Primary User, and once these members are added, their details cannot be removed, modified, or edited.
    • 14.3.3 Information: During the registration process for the Health Plan Service, users are required to provide certain personal information and details. This information is used to create a medical history and profile that will be accessible to Practitioners (healthcare professionals). It's important to note that the handling of this information will be in accordance with the Standard Policies.
    • 14.3.4 Health Plan Service Details: Users are entitled to benefits outlined in the Plan Details. These benefits may include a specified number of consultations with healthcare practitioners, offers on medicines ordered through the website, discounts on health check-ups, and other benefits that Onlineopd may offer in the future.
    • 14.3.5 Health Plan Service Process: After subscribing to the Health Plan Service, users become eligible to avail of the benefits included in the plan. Specifically, the section addresses "Covered Consultations." Covered Consultations are consultations with healthcare practitioners that are part of the Health Plan Service. Users can avail of these consultations either by booking through the website or through a walk-in process. Importantly, the benefits under Covered Consultations are calculated cumulatively for all Covered Members, meaning that the total number of consultations available to a group (Primary User and Covered Members) is determined by the plan and is not allocated on a per-member basis.

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Covered Consultations:

  • Users have access to unlimited free consultations as part of free consultation facility.
  • These consultations can be used in different ways: a single individual can use , or they can be shared among multiple users.

 

Authentication:

  •  If a user books a consultation online through Onlineopd's booking facility, the consultation will be considered consumed at the time of booking unless canceled within permissible timelines set out in the standard policies.
  • If a user opts for a video appointment, the consultation is considered consumed once the doctor authenticates the booking online.

Medicine:

  • Users are eligible to receive offers on the purchase of medicines through registered pharmacies available on the Onlineopd website.
  • The specific offers and terms and conditions related to ordering medicines are detailed on the website.
  • Importantly, Onlineopd acts as a facilitator in connecting users with registered pharmacies for medicine purchases. It is not directly involved in the sale of medicines and is not liable for any issues related to the sale.

Diagnostics:

  • As part of the health plan service, users are entitled to discounts or offers on diagnostic tests provided by Diagnostic Centres through the Onlineopd website during the term.
  • These diagnostic healthcare services are offered by individual labs and the terms and conditions for these services are available on the website.

 

Family Doctor:

  • As part of the health plan service, users have access to online tele-consultation with a team of practitioners referred to as "onlineopd Doctors."
  • This service is available for a fee and can be accessed through chats, or video calls.
  • It is important to note that Onlineopd is not responsible for any interactions, health issues, or experiences between users and the Family Doctor. Any conversations with the Family Doctor are retained in Onlineopd's database as per applicable laws and confidentiality standards.
  • Onlineopd does not endorse any specific  Doctor or their prescriptions, and it is not responsible for any service deficiencies.

Payment:

  • Users are required to pay for the health service at the rates specified in the plan details.
  • For covered consultations, users do not need to make additional payments during the term, as long as their eligibility for covered consultations is valid and specified in the plan details.

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Health Plan Service Cancellation and Refund Policy:

  • Users may have the option to cancel their subscription to the health service before service is accepted by the doctor.
  • To request cancellation, users should contact Onlineopd through the customer support chat channel.
  • The refund policy depends on the subscription amount paid by the user and the timing of the cancellation request.
  • Refunds may vary based on the user's actions during the "used days Period" (a specified period after subscribing).
  • Refunds are subject to Onlineopd's internal verification process.

Benefits Not Redeemable for Cash:

  • Discounts, offers, and benefits provided under the health service cannot be exchanged for cash. They are intended for use within the service.

Fair Usage Policy:

  • The fair usage policy advices users to a maximum of 5 free online consultations per day, collectively for all users, including covered members. This policy is in place to prevent abuse of the service.

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  1. Eligibility: To be eligible for reimbursement, you must have subscribed to the Onlineopd through their website. This means that only paying subscribers of this specific plan are entitled to reimbursement.
  2. Maximum Reimbursement: The maximum amount you can get reimbursed for each consultation is limited to Rs. 800/-. This means that regardless of the actual consultation fee charged by the doctor, you can only receive up to Rs. 800/- as a reimbursement for that particular consultation.
  3. Reimbursement Coverage: The reimbursement is available solely for the Consultation Fee as mentioned on the doctor's profile on the website. It does not cover any other fees you may have paid during the consultation. For instance, if the doctor's invoice is for Rs. 500/-, but the Consultation Fee listed on the website is Rs. 400/-, you will only receive a reimbursement of Rs. 400/-.
  4. Submission of Invoice: To request reimbursement, you need to send a clear picture or photo of the invoice or bill. This should be emailed to refunds@onlineopd.com.
  5. Required Information: The email should also contain the picture/photo of the invoice/bill and your bank details or details of mode of payment made. Payment will be sent to the initial mode of payment. This is crucial for them to process your reimbursement.
  6. Invoice Details: The picture/photo of the invoice/bill should include specific details:
    • Your name (as mentioned in your Onlineopd Plus membership)
    • The name of the clinic/hospital
    • The name of the doctor
    • The Consultation Fee or fees paid for the consultation
  1. Verification: The Onlineopd team will verify the amount mentioned on the invoice with the Consultation Fee listed by the doctor on the website. This ensures that you are being reimbursed the correct amount.
  2. Expiry of Subscription: It's important to note that any reimbursement claims made after the expiration of your subscription to the Onlineopd will not be valid. In other words, you must be an active subscriber to avail of this benefit.
  3. Non-Transferable: Your entitlement to receive reimbursement cannot be carried forward or transferred if you choose to renew your Onlineopdsubscription. This means that each subscription period has its own reimbursement benefits, and you can't accumulate them.
  4. Not an Insurance Product: This condition clarifies that Onlineopd is not an insurance product..
  5. Time Limit for Claims: Any reimbursement claims must be made within 30 days of the date of the appointment. Claims made beyond this period will not be considered.