The terms in this are applicable only to medical practitioners.

Listing Policy and ‘Enlist Now or Enlisting’ Feature

• The Company, directly and indirectly, collects information regarding the medical practitioners’ profiles, contact details, and practice. The Company reserves the right to take down any medical practitioner’s profile as well as the right to display the profile of the medical practitioners, with or without notice to the concerned medical practitioner. This information is collected for the purpose of facilitating interaction with the users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform the Company immediately to enable the Company to make the necessary amendments.
• The Company shall not be liable and responsible for the ranking of the medical practitioners on external websites and search engines.
• The Company shall not be responsible or liable in any manner to the users for any losses, damage, injuries or expenses incurred by the users as a result of any disclosures or publications made by the Company, where the user has expressly or implicitly consented to the making of disclosures or publications by the Company. If the user had revoked such consent under the terms of the Privacy Policy, then the Company shall not be responsible or liable in any manner to the user for any losses, damage, injuries or expenses incurred by the user as a result of any disclosures made by the Company prior to its actual receipt of such revocation.
• The Company reserves the right to moderate the suggestions made by the medical practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, the Company shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of medical practitioners are added to the Website.
• The medical practitioners explicitly agree that the Company reserves the right to publish the Content provided by medical practitioners to a third-party including content platforms.
• You as a medical practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and the Company accepts no liability for the same.

Profile Ownership And Editing Rights

The Company ensures easy access to the medical practitioners by providing a tool to update your profile information. The Company reserves the right of ownership of all the medical practitioner’s profile and photographs and to moderate the changes or updates requested by medical practitioners. However, the Company takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using the Company’s services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, the Company may modify or delete parts of your profile information at its sole discretion with or without notice to you.

Book Appointment And Call Facility

As a valuable partner on our platform we want to ensure that the medical practitioners experience on the Doctor’s Diary booking platform is beneficial to both, medical practitioners and their patients (both collectively called users). The service is extended purely at the Company’s discretion and may be modified or withdrawn without prior Intimation.

Disclaimer of warranties

You expressly acknowledge and agree that use of the Services and the Website is at your sole risk. The Services and the Website are provided on an "as is" and "as available" basis. Although we make best efforts to procure high quality Services to all our users, to the fullest extent allowed by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability or fitness for a particular purpose. The contents of the Services or the Website may contain bugs, errors, problems or other limitations. We assume no liability or responsibility for any errors or omissions in Content.

We are not responsible for the Content uploaded by you on the Website. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Website or provided. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the Website that is used by you.

We make no warranty that the Services or Website will meet your requirements or that the Services or your access to the Website will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or Website. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.

No advice or information, whether oral or written, obtained by you from the Services or Website or through the Service(s) or Website shall create any warranty not expressly made herein.

We recognize that your privacy is very important and take it seriously. This Privacy Policy (“Privacy Policy”) describes the Company's policies and procedures on the collection, use and disclosure of your information when you use the Website or our Services. We will not use or share your information with anyone except as described in this Privacy Policy.

This Privacy Policy is a part of and incorporated within and is to be read along with the Terms of Website Use (“Terms”). The capitalized terms used in this Privacy Policy, but not defined herein, shall have the meaning given to such terms in the Terms.

Information we may collect from you

We may collect and process the following data about you:

• Information you give us. You may give us information about yourself by filling in forms on the Website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use the Website, subscribe to or use our Services, participate in discussion boards or other social media functions on the Website and when you report a problem with the Website. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description, health-related information, photograph or any other information. You may also choose to provide other personal information in order to express yourself beyond the required information, such as a short biography, your location, your website, or a picture. Your name, you e-mail id and other information you choose to add to your profile will be available for public viewing on the Website.
• Information we collect about you. With regard to each of your visits to the Website, we may automatically collect the following information:
  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • information about your visit, including the full Uniform Resource Locators (URL) click stream to, through and from the Website (including date and time); material or information that you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
  • If you use your account information with Facebook, Twitter, Google Plus or Gmail or any other social networking or similar site (collectively, “SNS”) to sign in to the Website, an option of which may be provided by the Website to you at its sole discretion, we will collect and store your SNS user ID, and other account information and other information freely made available to the Company by the SNS. The Account Information that is collected includes all the account information provided by you to that website. Please be aware that the other information we obtain from the SNS is often dependent on their privacy policies and/or on your settings regarding what information you have consented to share with services like that of Company’s.
• Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will inform you when we collect that data and that it may be shared internally and combined with data collected on this Website. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from such sources. We collect non-personally identifiable information from the Website visitors to track the total of number of visitors to the Website in aggregate form and identify the type of Internet web browser (e.g., Internet Explorer®, Chrome, FireFox) and operating system (e.g., Windows®, Linux, Mac) used by the visitor. This information allows us continuously to improve our Website.
• Metadata: Metadata is usually technical data associated with Content you submit, post or share on the Website. Users can add or may have metadata added to their Content including geolocation, date, attribution, or other data.

Cookies

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve the Website. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy

Uses of your information

We use information held about you in the following ways:

Information you give to us. We will use this information:

• to perform the Services;
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to carry out or to commission research;
• to enhance the security of the Website;
• to personalise content;
• to remember information to help you efficiently access your account;
• to provide you with information about other services we offer that are similar to those that you are already using or have enquired about;
• to provide you, or permit selected third parties to provide you, with information about services we feel may interest you. If you are a registered user, we will only contact you by electronic means (e-mail or SMS) with information about services similar to the Services. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data, if available, or write to us at https://www.brainpan.co/contact-us
• to notify you about changes to our Services;
• to ensure that content from the Website is presented in the most effective manner for you and for your computer.
• to send you Service-related notices. We may also use your contact information to send you marketing email messages. If you do not want to receive such messages, you may opt out by following the instructions in the message. In order to verify that the e-mail address provided by you belongs to you, we will send you a verification e-mail. Once, the verification process is complete, your Account will be fully functional.

Information we collect about you. We will use this information:

• to administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve the Website to ensure that content is presented in the most effective manner for you and for your computer;
• to allow you to participate in interactive features of our Services, if any, when you choose to do so;
• as part of our efforts to keep the Website safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of the Website about services that may interest you or them.

Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of your information

For the Content that you personally upload on the Website, you can choose to keep your Content private or public. Private Content will not be visible to anyone except you and people with whom you share the URL of the private Content so uploaded. Private Content will not be cached and archived on our servers. Public Content on the other hand is accessible to everyone, including search engines. Other users can collect, reproduce, comment on, and share all publicly available Content on the Website. We reserve the right to share all public Content on any SNS or any other online or offline platform. We will never share any Content which you have marked as private unless we have your permission from you. We will never rent or sell your personal information to third parties, except on an anonymized basis, unless expressly provided in these Terms.

Any information you voluntarily disclose for posting to the Website, including your profile page information, is accessible to anyone. When you submit, post or share the Content that you choose to make public, on the Website, it may be re-shared by others.

We may share your personal information with any member of our Group. The term “Group” includes means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent applicable) of such person.

We may share your information with selected third parties including:

• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with you.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.

We do not disclose information about identifiable individuals to our advertisers, but we may disclose aggregated information about our users (for example, we may inform them that any given number of women in a specified age group and location have an increased vulnerability to diabetes). We may also use such aggregate information to help us or other researchers in medical or related research, or for the benefit of advertisers reach the kind of audience they want to target. Please note that once your information has become part of the aggregated, anonymized data, such data shall not be affected by your decision to delete your personal information from the Website.

We may disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and other agreements; or to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store your personal data

Personal data refers to data, whether true or not, about an individual: (i) who can be identified from that data; or (ii) from that data and other information to which we have or are likely to have access. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

How we treat your browser information

We analyze the log files of our Website to better understand the volume of traffic to particular areas of our Website. This information helps us to serve your information needs.

Your rights

You are free to remove or delete Content from your Account at any point in time. However, there is a strong possibility that copies of public Content will be retained indefinitely in our systems, including in cached and archived pages of the Website, or if other users have copied or saved that information. In addition, due to the nature of internet sharing, copies of your Content, including Content that you have removed or deleted from your Account, may also exist elsewhere on the Internet and be retained indefinitely.

You may correct, amend, add or delete personal information from your Account at any time by logging in and visiting your profile page. As noted above, you may opt out from unwanted e-mail communications from us by following the instructions in the message. However, until your Account is deleted you will continue to receive all system e-mails.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at info@brainpan.co.

The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Your account and password

If you choose to register with us, an account will be created for your use (“Account”) on the Website and you will be provided with required Account Information to enable your access to the Account. The term “Account Information” refers to a user identification code, password or any other piece of information which may be provided to you as part of our security procedures. If you access the Website after logging into any third-party website like Facebook, Twitter or Gmail, the login information of such third-party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the Website through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the Website or any other Website accessed by you through the Website.

You represent and warrant that if you are an individual, (i) you are over eighteen years of age and (ii) you are of age as required to enter into a binding contract as is prescribed under the laws of the country in which you reside, or (iii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of the country in which you reside. Any person under the age of eighteen (18) years accessing the Website should do so only under parental guidance. If we change the eligibility criteria to be registered with the Website and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.

We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you know or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at info@brainpan.co. We are not liable for any losses or other consequences of unauthorized use of your account.

User responsibilities

These Terms govern your behavior on the Website and set forth your obligations. You agree and confirm to the following responsibilities:

• You shall comply with all the obligations set forth in these Terms.
• You will use the Services rendered by us for lawful purposes only and comply with these Terms and all applicable laws and regulations while using and transacting on the Website.
• Creation and maintenance of all Content in your account shall be your sole responsibility.
• You are responsible for safeguarding the password that you use as a part of your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper and lower-case letters, numbers and symbols with your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction.
• Provide us with only such information that is true and accurate to the best of your knowledge.

Records or Prescription Access

• The Company may provide users with a free facility known as ‘Records’ or ‘Prescription’ on its website and mobile application ‘Doctor’s Diary’. Information available in your Records is of two types: i. User-created: Information uploaded by you or information generated during your interaction with the Company ecosystem or platforms, e.g. i. appointment. ii. Practice-created: Health Records generated by your interaction with a medical practitioner who uses ‘Doctor’s Diary’ or other Services of ‘Doctor’s Diary’ software or/and Medical Records (Pathology/Radiology) generated by the Third Parties Pathology or Radiology Organizations/Institutions/Labs.
• All Health records created either on the website or on the in-clinic application are based upon your consent. Such consent is deemed to be given when you visit the website or the clinic (“Implied Consent”). It is the sole responsibility of the clinic to make patients aware that the said establishment uses Doctor’s Diary software and services. The Company will not be held liable for the failure of such communication from clinic/polyclinic/hospital/multi-specialty hospital/medical practitioner/paramedic staff/admin. If you want to create your record, please inform the clinic or doctor expressly. In the case that you may wish to remove such a record you may contact us on info@brainpan.co. Your data may still be held after removing personal identifiers (PII) mentioned above to facilitate continued services or analysis:
• The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
• Your Records is only created after you have signed up and explicitly accepted these Terms.
• Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the medical practitioner and the Company does not validate the said information and makes no representation in connection therewith. You should contact the relevant medical practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
• The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, the Company is not liable for any interruption that may be caused to your access of the Services.
• The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your medical practitioner.
• It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. The Company is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with the Company.
• The Company uses industry–level security and encryption to your Health Records. However, the Company does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform the Company of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@brainpan.co.
• If you access your dependents’ (e.g. child, spouse, parents, sibling) Health Records by registering your dependents with your own credentials, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. The Company assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify the Company and its officers against any such claim or liability arising out of unauthorized use of such information.
• In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by the medical practitioners will continue to be stored in their respective accounts.
• You may lose your “user created” record, if the data is not synced with the server.
• The Company is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
• The Health Records are shared with the phone numbers that are provided by your medical practitioner. The Company is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the medical practitioner.
• The Company is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your medical practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
• The Company has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
• The Company will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
• You agree and acknowledge that the Company may need to access the Health Record for cases such as any technical or operational issue of the user in access or ownership of the Records.

Viruses/Trojans/Worms/Logic Bombs/Malware

You will be responsible for introduction of any viruses, trojans, worms, logic bombs, malwares or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or your downloading of any Content on it, or on any website linked to it.

You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Website Security and grievance officer

This website stores all data with the Amazon Web Services provided by the Amazon Web Services, Inc which may store this data on its servers located outside of India. Amazon Web Services has security measures in place to protect the loss, misuse and alteration of the information. These measures adopted by the Amazon Web Services and certain additional measures adopted by us are detailed in the Manual of Data Security Practices and Procedures (Visit https://docs.aws.amazon.com/security/?id=docs_gateway#aws-security) You acknowledge you have reviewed and understood the Manual of Data Security Practices and Procedures and that these are reasonable security practices and procedures that are commensurate with the information assets being protected. You also acknowledge that the standards followed by the Amazon Web Services are not within control of the Company and are liable to change from time to time. You agree that it is in your interest to review from time to time the security standards, practices and policies adopted by the Amazon Web Services to confirm that there are no changes that you are not comfortable with.

Amazon Web Services Incorporation

410 Terry Avenue North,
Seattle, WA 98109-5210

In accordance with Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact details of the Grievance Officer are provided below:

Name: Mr. Aniruddh Varma or Mr. Saurabh Singh

Complete Address: B-51 Mandir Marg, Mahanagar Ext, Lucknow – 226006, U.P., India

Phone: +91 90444 48324 or +91 89290 60503

Email: aniruddh.varma@brainpan.co or saurabh.singh@brainpan.co

Timings: 10.00 a.m – 7:00 p.m (IST) Monday - Saturday

If you come across any abuse or violation of these Terms, please report to [aniruddh.varma@brainpan.co or saurabh.singh@brainpan.co]

This Cookie Policy (“Cookie Policy”) is a part of and incorporated within and is to be read along with the Terms of Website Use (“Terms”). The capitalized terms used in this Cookie Policy, but not defined herein, shall have the meaning given to such terms in the Terms.

What are cookies, pixels, and local storage?

Cookies are small files that the websites place on your computer as you browse the web. Like many websites, we use cookies to discover how people are using our services and to make them work better.

A pixel is a small amount of code on a web page or in an email notification. As many services do, we use pixels to learn whether you’ve interacted with certain web or email content. This helps us measure and improve our services and personalize your experience on the Website.

Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage to customize what we show you based on your past interactions with the Website.

Why do we use these technologies?

We use these technologies to do things like:

• make the Website easier or faster to use;
• enable features and store information about you (including on your device or in your browser cache) and your use of the Website;
• deliver, understand and improve advertising;
• monitor and understand the use of our products and services; and,
• protect you, others and the Website.
• speed up your future activities and experience on our Website
• remember information about your browser and your preferences

We cannot identify you personally from this information.

What types of cookies do we use?

Two types of cookies may be used on the Website - "session cookies" and "persistent cookies". Session cookies are temporary cookies that remain on your device until you leave the Website. A persistent cookie remains on your device for much longer or until you manually delete it (how long the cookie remains on your device will depend on the duration or "lifetime" of the specific cookie and your browser settings).

Some of the pages you visit may also collect information using pixel tags (also called clear gifs) that may be shared with third parties which directly support our promotional activities and website development. For example, website usage information about visitors of the Website may be shared with our third-party advertising agency to better target internet banner advertisements on our Website. The information is not, however, personally identifiable, although it could be linked to your personal information.

Cookies used on the Website

Where are these technologies used?

We use these technologies on our own Website and services and on other Websites that have integrated our services. This includes our advertising and platform partners’. Third parties may also use these technologies, for example, when you interact with their content from within our services, like when you click a link or stream media on the Website from a third-party service, and to help with the delivery of ads shown on and off of the Website.

Do we use Third Party Cookies?

We use a number of suppliers that may also set cookies on your device on our behalf when you visit the Website to allow them to deliver the services they are providing.

When you visit the Website, you may receive cookies from third party websites or domains. We endeavor to identify these cookies before they are used so that you can decide whether or not you wish to accept them. More information about these cookies may be available on the relevant third party's website.

How can I control Cookies?

Most internet browsers are initially set up to automatically accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings.

If you disable the cookies that we use, this may impact your experience while on the Website, for example you may not be able to visit certain areas of the Website or you may not receive personalized information when you visit the Website.

If you use different devices to view and access the Website (e.g. your computer, smartphone, tablet etc) you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.

The Indian Government has published Telemedicine Practice Guidelines on March 25, 2020. The Board of Governors (“BoG”) entasked by the Health Ministry to regulate practice and practitioners of modern medicine, published an amendment to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 (“Code of Conduct”) that gave statutory support and basis for the practice of telemedicine in India.

Here you can view the Telemedicine Guidelines. The summary of the guidelines is provided below. The Company is not liable for any missing information. For more details, kindly refer to the official URL provided above.

Summary:

• All Registered Medical Practitioners (RMP) intending to provide online consultation need to complete a mandatory online course within 3 years of its notification.
• There are essentially 3 modes of communication: Text, Audio, and Video
• RMP may use any telemedicine tool suitable for carrying out technology-based patient consultation e.g. chat platforms (WhatsApp, Facebook Messenger), telephone, landline phones, mobile, video, mobile Apps.
• Telemedicine services should however be avoided for emergency care when alternative in-person care is available.
• Telemedicine services may connect: 1. Patients to RMP 2. Caregiver to RMP 3. RMP to RMP 4. Health Worker to RMP
• 7 elements to be considered before any telemedicine consultation: 1. Context 2. Identification of RMP and Patient 3. Mode of Communication 4. Consent 5. Type of Consultation 6. Patient Evaluation 7. Patient Management
• The RMP should exercise their professional judgment to decide whether a telemedicine consultation is appropriate in a given situation or an in-person consultation is needed in the interest of the patient.
• Telemedicine consultation should not be anonymous: both patient and the RMP need to know each other’s identity.
• An RMP should verify and confirm patient’s identity by name, age, address, email ID, phone number, registered ID or any other identification as may be deemed to be appropriate.
• An RMP should begin the consultation by informing the patient about his/her name and qualifications.
• Every RMP shall display the registration number accorded to him/her by the State Medical Council or MCI, on prescriptions, website, electronic communication (WhatsApp/email etc), and receipts etc. given to his/her patients.
• There are 2 kinds of consents: 1. Implied 2. Explicit (i.e. A Health worker, RMP or a Caregiver initiates a Telemedicine consultation)
• An Explicit consent can be recorded in any form. The RMP must record this in his patient records, e.g. “Yes, I consent to avail consultation via telemedicine” or any such communication in simple words
• The RMP would use his/her professional discretion to gather the type and extent of patient information (history/examination findings/Investigation reports/past records etc.) required to be able to exercise proper clinical judgement.
• If the RMP feels that the information received is inadequate, then the RMP can request for additional information from the patient.
• There are 2 types of patient consultations, i.e. first consult and the follow-up consult. First Consult: consulting for the first time; consulted 6 months earlier; patient now has a different health condition
  Follow-up Consult: consulting with the same RMP within 6 months, is for continuation of care of same health condition
• Prescribing medications, via telemedicine consultation is at the professional discretion of the RMP. It entails the same professional accountability as in the traditional in-person consult.
• Prescribing Medicines without an appropriate diagnosis/provisional diagnosis will amount to a professional misconduct.
• There are certain limitations on prescribing medicines on consult via telemedicine depending upon the type of consultation and mode of consultation i.e. List O, List A, and List B.
  • List O: It will comprise those medicines which are safe to be prescribed through any mode of tele-consultation e.g. „over the counter‟ or medicines deemed necessary during public health emergencies.
  • List A: These medications are those which can be prescribed during the first consult which is a video consultation and are being re-prescribed for re-fill, in case of follow-up.
  • List B: It is a list of medication which RMP can prescribe in a patient who is undergoing follow-up through any mode of tele-consultation in addition to those which have been prescribed during in-person consult for the same medical condition.
  • Prohibited List (Schedule X): An RMP providing consultation via telemedicine cannot prescribe medicines in this list i.e. Narcotic and Psychotropic substance.
  • Please refer to Annexure 1 (Medicine List in the Telemedicine Practice Guidelines) that provides medicine List O, List A, and List B.
• RMP shall provide photo, scan, digital copy of a signed prescription or e-Prescription to the patient via email or any messaging platform.
• Registered Medical Practitioner would be required to fully abide by Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and with the relevant provisions of the IT Act, Data protection and privacy laws.
• MISCONDUCT: RMPs insisting on Telemedicine, when the patient is willing to travel to a facility and/or requests an in
  • person consultation
  • RMPs misusing patient images and data, especially private and sensitive in nature (e.g. RMP uploads an explicit picture of patient on social media etc)
  • RMPs who use telemedicine to prescribe medicines from the specific restricted list
  • RMPs are not permitted to solicit patients for telemedicine through any advertisements or inducements
• Log or record of Telemedicine interaction (e.g. Phone logs, email records, chat/ text record, video interaction logs etc.) must be maintained.
• Patient records, reports, documents, images, diagnostics, data etc. (Digital or non-Digital) utilized in the telemedicine consultation should be retained by the RMP.
• Telemedicine consultations should be treated the same way as in-person consultations from a fee perspective: RMP may charge an appropriate fee for the Telemedicine consultation provided.
• The prescription must contain only the generic medicine names in capital letters.
• The prescription must contain the following line if generated via tele-consultation “This prescription is generated on a teleconsultation.”
• Please refer to Annexure 2 (Sample Prescription Format in the Telemedicine Practice Guidelines) that provides a sample of telemedicine prescription.
• In case the RMP is transmitting the prescription directly to a pharmacy, he/she must ensure explicit consent of the patient that entitles him/her to get the medicines dispensed from any pharmacy of his/ her choice.
• An RMP should also give a receipt/invoice for the fee charged for providing telemedicine-based consultation.
• Patient records, reports, documents, images, diagnostics, data etc. (Digital or non-Digital) utilized in the telemedicine consultation should be retained by the RMP.
• Please refer to the Section 4 (Framework for Telemedicine in the Telemedicine Practice Guidelines) that lays out the framework for practicing telemedicine in 5 scenarios: 1. Patient to Registered Medical Practitioner 2. Caregiver to Registered Medical Practitioner 3. Health Worker to Registered Medical Practitioner 4. Registered Medical Practitioner to Registered Medical Practitioner 5. Emergency Situations
• Technology platforms (mobile apps, websites etc.) providing telemedicine services to consumers shall be obligated to ensure that the consumers are consulting with RMP duly registered with national medical councils or respective state medical council and comply with relevant provisions.
• Technology platforms based on Artificial Intelligence/Machine Learning are not allowed to counsel the patients or prescribe any medicines to a patient. Only a RMP is entitled to counsel or prescribe and has to directly communicate with the patient in this regard.
• In the event some non-compliance is noted, the technology platform shall be required to report the same to Board of Governors (BoG), in supersession to Medical Council of India (MCI) who may take appropriate action.
• Any of the drug-lists contained in Telemedicine Practice Guidelines can be modified by the Board of Governors (BoG) in super-session of the Medical Council of India/Medical Council of India (MCI) from time to time, as required.
• The Telemedicine Practice Guidelines can be amended from time to time in larger public interest with the prior approval of Central Government [Ministry of Health and Family Welfare, Government of India].

Disclaimer: Here you can view the Telemedicine Guidelines. The Government of India or the Ministry of Health and Family Welfare may change the URL in the future. The Company is not liable for any missing information or any changes. For more details, kindly refer to the official URL provided above or visit the Ministry of Health and Family website from time-to-time.