Nature and Applicability of Term

Please carefully go through these terms and conditions (“Terms”) before you decide to access the Platform made available by ASG for teleconsultation. These Terms constitute a legal agreement (“Agreement”) between you and ASG for the purposes of a teleconsultation
The Agreement applies to you whether you are –
1. A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”); or
2. A user of the Platform (“you” or “User”).

This Agreement applies to all services made available by ASG on this Platform or website or app.

The Services may change from time to time, at the sole discretion of ASG, and the Agreement will apply to your visit to and your use of the Platform to avail the Service, as well as to all information provided by you on the Platform at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Platform and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@asgeyehospital.com

By accessing the Platform to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.

You should read the Agreement at regular intervals. Your use of the Platform following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Platform or to particular Service are also considered as part of the Agreement.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Platform or avail any Services.
Your access to use of the Platform and the Services will be solely at the discretion of ASG. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• the Indian Contract Act, 1872,
• the (Indian) Information Technology Act, 2000, and
• any other relevant rules, regulations, guidelines and clarifications framed under these any other applicable laws from time to time

Conditions of Use

You must be 18 years of age or older to register, use the Services, or visit or use the Platform in any manner. By registering, visiting and using the Platform or accepting this Agreement, you represent and warrant to ASG that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to and abide by this Agreement.

End-User Account and Data Privacy

ASG and its Partners may by the Services, collect information relating to the devices through which you access the Platform, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.

The Platform allows ASG and its Partners to have access to Users’ personal email or phone number, for the purpose of communication and analytics.

The Privacy Policy sets out:

• The type of information collected from Users, including sensitive personal data or information;
• The purpose, means and modes of usage of such information;
• How and to whom ASG will disclose such information; and,

The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of

• the fact that certain information is being collected;
• the purpose for which the information is being collected;
• the intended recipients of the information;
• the nature of collection and retention of the information; and
• the various rights available to such Users in respect of such information.

ASG and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to ASG or to any other person acting on behalf of ASG or its Partners.

The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify ASG of any actual or suspected unauthorized use of the User’s account or password. Although ASG will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ASG or others due to such unauthorized use.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ASG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ASG has the right to discontinue the Services to the User at its sole discretion.

It is your responsibility to keep your correct mobile number and email ID updated in the Platform. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. ASG is not responsible for any loss or inconvenience caused due to your non-updation of your contact details.

ASG and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

ASG may now or in the future provide Services where you may be able to converse with ASG, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in ASG’s or its Partners servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. ASG and its Partners accept no liability if you choose to use such a facility to interact with doctors or clinicians or if the facility is not used in accordance with the foregoing.

You may be provided with a personal health record facility to add, modify, delete and manage your health-related records and information. The specific terms relating to this are as below, without prejudice to the rest of these Terms and the Privacy Policy:

• This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
• Information available in your record with us is of two types:
  -Patient-created: Information generated and uploaded by you.
  -ASG-created: Information generated by your consuming a medical service in a ASG hospital like consult, diagnostic test, admission, etc.
• Any ASG-created information is provided on an as-is basis and ASG makes no representation in connection therewith.
• The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless ASG and its Partners with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You or on your behalf on the Platform.
• ASG uses industry–level security and encryption to your personal health record. However, ASG cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to info@asgeyehospital.com

Booking Teleconsultation

While ASG will try to ensure a confirmed appointment with a medical service provider (like doctor for a User who requested an appointment on the Platform, ASG or its Partners do not guarantee that the User will get a confirmed appointment. Further, ASG and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider are not available as per the given appointment time.

Without prejudice to the generality of the above, ASG or its Partners will not be liable for:

• any wrong medication or treatment quality being given by the doctor(s), or any medical negligence on part of the any of the above;
• any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
• cancellation or rescheduling of booked appointment or any variance in the fees charged;
• any medical eventualities that might occur subsequent to using the services of a doctor whom the User has selected on the basis of the information available on the Platform or with whom the User has booked an appointment or performed a transaction through the Platform.

Online Payment on Platform

The teleconsultation Platform provides you with the ability to make an online payment through a third-party payment gateway for some of the said service.

If you choose to pay through an online service as given/listed on the Platform, you may be directed to a third-party payment gateway to facilitate the payment

The transaction so executed by you to avail the teleconsultation is governed by the terms and conditions and privacy policy of the third-party payment gateway and ASG cannot be held liable for

• any deficiency in their service including but not limited to down time and breach of privacy
• If any transaction done by you does not materialise or may remain or appear incomplete or for any failure on part of the bank or the third-party vendor’s platform/site/gateway or agency to perform any of their obligations
• in respect of any monetary loss arising directly or indirectly due to the decline of any transaction, for any reason whatsoever.