Welcome to Mediflam Telehealth Consultation Services which will facilitate your medical needs to connect to the right doctor in a click time. The terms and conditions mentioned in this consent form will be applicable to you till you remain with us as a recipient of our telehealth services.
1. For the purpose of this contract and otherwise, the terms are defined as under :
1.1. Doctor / Registered Medical Practitioner: Any person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act, 1956.
1.2. Patient: Any person who is suffering from disease / ailment which is of non-emergency nature and is in need of doctor’s medical consultation for diagnosis, treatment or prevention of the disease and is a registered user of this website.
1.3. Registered User : means and includes a patient and / or any person who accepts the terms and conditions on behalf of the patient, and/ or who pays the consultation fees to this website.
1.4. Disease / Ailment: Disease means any ailment which is of non-emergency nature and the definition shall be inclusive of the meaning as mentioned in the Telemedicine Guidelines issued as Appendix 5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation, 2002) on 25th March 2020.
1.5. Mediflam Services: The online service platform solution provided by the Mediflam and its authorized agents which shall include the web portal, the mobile application or through any digital tools.
1.6. Telemedicine: Doctor delivering the clinical service with the use of technology to the patients and shall not include the in person consultation / physical examination of the patients.
1.7. Telemedicine Tools: : For this purpose, tools to provide telemedicine will be usage of audio / video consultations using the internet services and shall include the social media tools, mobile applications, separate internet pages or web portals for this purpose.
1.8. Intermediary: The definition of Intermediary as mentioned in the Information Technology Act, 2000 and has the conditional immunity towards the third party information.
2. The services facilitated here are only for non-emergency nature. If you think, you have symptoms which require urgent attention, then call the State / National Emergency numbers to help you out. In such situations, you can immediately call on our support help center number.
3. Mediflam Private Limited Company is a registered private limited company under the provisions of The Companies Act, 2013, which aims to facilitate health care solutions to the patients who are in need of medical consultation and are unable to consult the doctors in person. Mediflam will act as a facilitator and intermediary for this Mediflam Telemedicine Services between the patient and the doctor as mentioned as one of the key object in the Memorandum of Association and is carrying out its business activities from its registered office as mentioned above.
4. The services offered under this Mediflam Telehealth Service portal is only for your conditions which is of the non-emergency nature and which do not require any physical examination of the registered user.
5. Process of using this website:
5.1. By using this site, you acknowledge that you are above 18 years of age who wishes to use the facilities of this website or in case of minor patient, then you are his/her guardian who is above 18 years, major and of sound mind to understand the terms and conditions and your obligations under this Consent form. As per the law time being in force, you will be liable on behalf of the minor or the actions of minor.
5.2. Once you accept the terms and conditions, you will be provided a username and password and a registered user number, which you shall keep as a ready reference for your further consultations and smooth access to the website. By doing this, you have subscribed to all the services which are password restricted. The username password is non-transferable and is restricted for your private use only.
5.3. You shall refer the said username and the registered user number in further consultations on this website.
5.4. Once you are registered at this website, you are supposed to answer the questions asked by our symptom analysis checker and based on its broad analysis; you will be allotted the best suitable doctor from the list of empaneled doctors. You have to choose the doctor which seems best to you and your convenient time slots and the consultation will be provided at that time slot.
6. Consultation Process :
6.1. You are required to provide correct details and are required to upload the ongoing medical prescription(s), relevant documents, old medical history papers and your blood test reports, if any to this website at the given space and we have a right to access the same and share it with the relevant consulting doctor for telehealth consultation services.
6.2. The doctor shall reserve the right to deny your consultation if he/she feels that your symptoms are of emergency nature and requires immediate medical treatment in person.
6.3. You are supposed to remain virtually present on the date of appointment on your selected slot. If you fail to do so, then you will have to re-book the appointment by paying a fresh consultation fee to the website portal.
6.4. It shall be your sole duty and responsibility to declare that if you have side effect of any medicine, allergy or any such adverse extreme body condition so that the doctor can facilitate the consultation and suggest the medicines accordingly.
6.5. The doctor will maintain the privacy and confidentiality of your personal medical data during the process of telemedicine consultation. However, if for the purpose of further consultation the doctor needs to refer to another medical professional, then he/she can share the treatment details so as to give the maximum medical benefits to the registered user through the platform of Mediflam.
6.6. You will be prescribed only those drugs which the doctor is entitled to prescribe as per the telemedicine guidelines issued by the Government of India and not otherwise.
6.7. As per the guidelines of the Government of India, the teleconsultation process through audio / video consultation is to be recorded and we reserve the said right to record your audio/video consultation session provided by the doctor. The said recording will become the proprietary information of the Mediflam which will be used only for our archival purpose.
6.8. During your consultation process, our representative shall remain present to administer the telemedicine consultation. This arrangement is only for the administrative purpose and we ensure that our representative does not interfere in the consultation process.
6.9. The doctors who are empaneled on our Mediflam Teleconsultation portal have been invited to this Mediflam portal based on their medical qualifications and their collaborations with hospitals. We don’t force or coerce you to choose a particular doctor only. We neither give preference, promote nor we suggest any of the doctors to you. It will be the sole responsibility of the registered user i.e. you, to choose the doctor based on their expertise and their available time slots.
6.10. For your further ready reference, the digital files of the prescription issued to you or any laboratory tests recommended as part of telemedicine consultation will be shared with you in your account for every consultation you book with us. The digital files can be either in form of photo or in form of pdf. For the subsequent follow up consultations, the doctor will be given access to those digital files which he/she has prescribed.
6.11. The doctor shall reserve his / her right to discontinue the your consultation in the following cases a) patient’s non-cooperation in the treatment b) patient’s partial disclosure of the symptoms c) patient sharing incorrect / false / malicious information about his / her disease or ailment d) in case of patient abusing the doctor. In such situations, you will not be getting any refund / return / reimbursement of the fees you have paid for the teleconsultation services.
7. Liability Clause
7.1. Mediflam will act only as an intermediary between you and the doctor. Mediflam shall not hold any liability in any case of alleged medical negligence arising due to doctor and/or the patient. The Mediflam will neither be responsible for any kind of negligence if you fail to disclose the correct information or you disclose partial information about your disease or ailment for which consultation is sought for.
7.2. Mediflam is only facilitating this process and in nowhere responsible for any of the negligence occurred due to your non-disclosure of symptoms, doctor’s negligence, any cross medicine reaction, or any allergy caused due to prescribed medicine or any inaccuracy on part of pharmacy or diagnostic laboratories.
8. Connect with Pharmacy and Diagnostic Laboratory
8.1. Mediflam can further facilitate you to connect with the nearby pharmacy or diagnostic laboratory for your further tests done, if prescribed any, for your medical needs. In such situations, we reserve our right to share your details and doctor’s prescription to such pharmacy shops and diagnostic laboratories.
8.2. We neither promote any pharmacy shop, diagnostic laboratories nor do we take any responsibility of the accuracy of the tests done at those laboratories. It shall be your sole responsibility to check the authenticity of the respective stakeholders and shall take further necessary action as regards to your medical needs.
8.3. Mediflam is only the facilitator between you, your doctor and your pharmacy shop / diagnostic laboratories.
9. Feedback Mechanism
You are required to give the feedback of the teleconsultation services facilitated by us in the required form. The feedback received shall be shared with the respective doctors and if required, can be published on this portal as your testimonial towards the consultation services provided by the doctors.
10. Content on our website
10.1. The content on our website shall not be considered as any medical advice, diagnosis or treatment advice. In all cases, you are required to take the medical advice from the doctor / medical practitioner.
10.2. We are a facilitator for telehealth consultation services on this digital platform. We may share the audio / video podcasts / blogs / articles / patients testimonials / promotional feature sections on our website which shall be only be for educational awareness for the society at large.
10.3. We do not endorse / promote / propagate any pharmaceutical company or its products on our website.
10.4. The data provided on the website is proprietary information of us and we may use this for developing other relevant sites in future.
10.5. The Intellectual Property Rights of the content generated on the website stays with us and with doctors where it is specifically mentioned. If you use the said information for any kind of commercial purpose, then you shall be liable for its infringement under the Indian IP laws.
11. Applicability of Laws
For the purpose of this contract, the existing provisions under the Indian Medical Council Act, 1956, the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation 2002), Drugs and Cosmetics Act, 1940 and Rules 1945, Clinical Establishment (Registration and Regulation) act, 2010, Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and the Sensitive Personal Data or Information ) Rules 2011, the provisions of Indian Contract Act, 1872 and The Companies Act, 2013 or any other law for the time being in force in the country shall be the primarily applicable laws which will govern this arrangement.
12. Dispute Resolution Clause
In case of any dispute arising out of this contract, both parties will try to resolve the dispute amicably to maintain the relationships by way of Mediation or Arbitration as per applicable laws time being in force. If the dispute is not resolved amicably then the jurisdiction will remain Ahmedabad for initiating any such legal action.
13. Updated Terms and Conditions
We reserve our right to update this section of terms and conditions and modify the same as part of upgrading the website. If you continue using the services provided by us under this website, then it is deemed that you have agreed to our Updated Terms and Conditions.
I agree and give consent to the terms and conditions mentioned in here in above.