PMHS SMART HEALTH

TABLE OF CONTENTS

1. About us
1.1. Introduction
1.2. Ownership of rights
1.3. Services offered
a. Teleconsultation
b. Physical Appointments
c. Hospital Admissions
d. Home Care Medical Treatment
e. Additional Services
2. Terms & conditions of service
2.1. Acceptance of Terms
2.2. Limitation of liability
2.3. Third-Party Services
2.4. General Terms & Conditions
2.5. Payment, cancellation and refund
3. Privacy Policy
3.1. Information We Collect
a. Personal Information
b. Medical Records
c. Sensitive Medical Data
d. Dependent Information
3.2 Use of Your Information
3.3 Disclosure of Your Information
3.4 Storage and Protection of Records
4. Changes and Updates
5. Severability

1. About us

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1.1. Introduction

Greetings from PMHS Smart Health Pvt. Ltd ("we," "us," or "our"). (Website address/link) is an intermediary online service provider owned and managed by (registered / parent company name), established on (date). We provide the service of connecting users/ patients with registered medical practitioners who are regulated under the Telemedicine Practice Guidelines issued by the Government of India which have been incorporated as Appendix 5 of the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulation, 2002 (In short referred to as RMPs) for medical consultations and provide additional services such as scheduling physical appointments, home care medical services, booking hospital beds or any other service/information contained on this website/application or any of its pages provided to the users, subject to the terms and conditions set out in this website terms and conditions. “Please read these Terms & Conditions carefully. By using or accessing our website and app, you acknowledge that you have read, understood, and agreed to be legally bound by our terms and conditions set forth. These terms and Conditions / privacy policy is effective from 00.00.2024”

1.2 Ownership of rights

The Website and its content, including texts, graphics, logos, icons, images, audio recordings, video clips, data collections, and software, are the exclusive property of PMHS Smart Health Pvt. Ltd. or its licensors and are protected under the copyright and other intellectual property laws of India and international laws. Copying, modifying, distributing, displaying, transmitting, reproducing, or creating derivative works of the App or its content is strictly prohibited without prior written permission. You agree to use PMHS Smart Health in compliance with all applicable local, state, national, and international laws and regulations. You may not use the app or services for any unlawful or prohibited activities. Failure to comply with the terms gives the company the right to pursue legal remedies.

1.3 Services offered

PMHS Smart Health offers a comprehensive range of services designed to connect users with RMPs (who are enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.’ [IMC Act, 1956]). These services include: a. Teleconsultation: Schedule and conduct teleconsultation with a variety of RMPs, including doctors/physicians, surgeons, nurses, dentists, pharmacists, therapists, anesthesiologists, radiologists, cardiologists, oncologists, pediatricians, psychiatrists, gynecologists/obstetricians, orthopedists, dermatologists, and other Health Care practitioners through video conferencing. b. Physical Appointments: Book appointments with clinics, hospitals, and other medical facilities for in-person consultations and treatments with RMPs. c. Hospital Admissions: Assistance with booking beds and rooms in hospitals to ensure timely and necessary medical care. d. Home Care Medical Treatment: We provide home health care services, allowing patients to book RMPs for home visits. This includes Doctors, Nurses at Home, Eye Tests, Physiotherapy at Home (add if any other specific service is included) and many more. e. Additional Services: Other services as expressly mentioned on the PMHS Smart Health website/application or any of its pages provided to users. While we strive to keep PMHS Smart Health available at all times, we do not guarantee uninterrupted access to the app. Services may be unavailable occasionally due to maintenance, upgrades, or other reasons beyond our control. We may update, modify, or enhance the app periodically to improve user experience, add new features, or address technical issues. These updates may be automatically installed without prior notice. PMHS Smart Health reserves the right to refuse service to anyone at any time. We may also suspend or cancel the service at our sole discretion if a computer virus, bug, or other technical issue compromises the security or proper functioning of the service.

2. Terms & conditions of service: -

2.1 Acceptance of Terms

By using our services or providing us with your information, you are deemed to have read, understood, and agreed to the practices and policies outlined in our Privacy Policy. These terms are effective for all existing and future users of PMHS Smart Health. PMHS Smart Health may terminate or suspend your access to the services at our sole discretion, without prior notice, for conduct that we believe violates these terms or is harmful to other users of the app, us, or third parties, or for any other reason.

2.2 Limitation of liability

The users must note that PMHS Smart Health Pvt. Ltd. and its affiliates, officers, employees, agents, partners, and licensors make no warranties or representations about the accuracy or completeness of the services, the content, or any third-party services offered. We will assume no liability or responsibility for any: a) Errors, mistakes, or inaccuracies of content and materials. b) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services. c) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. d) Any errors or omissions in any services and materials or for any loss or damage of any kind incurred as a result of the use of any services made available.

2.3 Third-Party Services

We do not warrant, endorse, guarantee, or assume responsibility for any services advertised or offered by the third party which includes RMPs as well. We will not be a party to or in any way be responsible for monitoring any transaction between you and any such providers of services. As with the purchase of a service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Teleconsultation is a video consultation service and does not include physical examination. Users are responsible for seeking physical consultations when necessary. In case of any medical negligence by an individual RMP, hospital, clinic, or medical service provider, PMHS Smart Health is not responsible. By using the app, you consent to take responsibility for your use of the platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, the liability of PMHS Smart Health shall be limited to the fullest extent permitted by law.

2.4 General Terms & Conditions

i. These Terms and Conditions, and any dispute arising out of or relating to them, shall be governed by and construed in accordance with the laws of India without regard to its conflict of law provisions. ii. In the event of any dispute or claim relating to the use of the app or services, the parties agree to first attempt to resolve the dispute through binding arbitration conducted in the jurisdictional center, as per the provisions of the Arbitration and Conciliation Act, 1966. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. iii. These Terms and Conditions, together with the Privacy Policy and any other legal notices or agreements published by PMHS Smart Health on the app, constitute the entire agreement between you and PMHS Smart Health concerning the app and services. They supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and PMHS Smart Health regarding the app and services. iv. No waiver of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PMHS Smart Health to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. v. You may not assign your rights or delegate your obligations under these Terms and Conditions without the prior written consent of PMHS Smart Health. PMHS Smart Health may assign its rights and obligations under these Terms and Conditions to any party at any time without notice to you. vi. PMHS Smart Health shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

2.5 Payment, cancellation and refund

All payments for teleconsultations and other services made through the PMHS Smart Health app are subject to the terms and conditions outlined at the time of booking. Users are responsible for ensuring that their payment information is accurate and up to date. PMHS Smart Health allows users to reschedule their teleconsultation appointments up to three times. After the third reschedule, no further changes can be made, and no refunds will be provided. It is the user’s responsibility to manage and attend their scheduled appointments. Once a teleconsultation is booked, and if a physical visit is subsequently recommended, the teleconsultation fee will not be refunded. Payments made for teleconsultations and other services on the PMHS Smart Health app are non-refundable. Users acknowledge and agree that once a payment is made, it cannot be refunded, except where required by applicable law. For any treatments or services arranged through the app but paid for outside the app (e.g., directly to the RMPs or medical facility), PMHS Smart Health is not responsible for processing these payments, nor for any disputes or losses that may arise. Users should exercise due diligence and caution when making such payments and ensure they understand the terms and conditions provided by the third-party service provider.

3. Privacy Policy

PMHS Smart Health Pvt. Ltd. is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our application ("app") and services. Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not use the app or our services.

3.1 Information We Collect

a. Personal Information We collect personal information that you voluntarily provide to us when you register on the app, including Name, Age, Phone number, Email address and (add all information collected by you) b. Medical Records We offer the option to store your medical records digitally in a cloud-based wallet such as X-rays, patient history, reports of tests, discharge summaries, prescriptions, consultation reports and any other relevant documents. This is not compulsory, but if you choose to store them, they are available for your usage. c. Sensitive Medical Data Sensitive medical data can also be stored in your digital wallet. This is governed by a separate wallet user policy, which outlines specific protections and usage guidelines. d. Dependent Information You may add dependents, such as newborn babies, via email to record health data from birth. This information is also protected under this Privacy Policy. While we provide digital storage for your medical records, you are responsible for keeping a hard copy for your reference. If you share or lose any record, it is your own responsibility.

3.2 Use of Your Information

We use the information we collect to: - Provide, operate, and maintain our services. - Improve, personalize, and expand our services. - Understand and analyze how you use our services. - Develop new products, services, features, and functionality. - Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the app, and for marketing and promotional purposes.

3.3 Disclosure of Your Information

With Your Consent, we may share your personal information and medical records with third parties if you have given us your explicit consent to do so. If you authorize an RMP to view your medical records, they can access the information stored on your card in the cloud server. If any misuse occurs, PMHS Smart Health is not responsible, as the authentication is provided by you. We may disclose your information when required to do so by law or in response to valid requests by public authorities. You are responsible for providing accurate and up-to-date personal information.

3.4 Storage and Protection of Records

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other types of misuse. By using the app, you declare yourself as the responsible individual for your own benefit and acknowledge that PMHS Smart Health is an intermediary platform connecting you with RMPs. We do not guarantee perfect medical cures or the accuracy of medical treatments provided by third parties. “By using the services or providing us with your information, you are deemed to have read, understood, and agreed to the practices and policies outlined in this Privacy Policy, and you agree to be bound by its terms.”

4. Changes and Updates

PMHS Smart Health reserves the right to modify this Privacy Policy at any time. Any changes will be effective immediately upon posting the updated Privacy Policy on our app or website. We will notify you of any changes to this Privacy Policy by posting the new policy on our app and website. In the case of significant changes, we may also notify you via email or through app notifications. The effective date of the new Privacy Policy will be clearly stated at the top of the policy. All changes will take effect on this date. We encourage you to review this Privacy Policy periodically to stay informed of any updates. It is your responsibility to check the Privacy Policy regularly to stay updated on any changes. Your continued use of our app and services after the effective date of any changes constitutes your acceptance of the updated Privacy Policy. Material changes are defined as those that significantly affect your rights or how your personal data is handled. We will take additional steps to notify you of such material changes, such as through direct communication channels like email. For any material changes that impact how we handle your sensitive personal information, we may seek your explicit consent. If you do not agree to the changes, you may need to stop using our services.

5. Severability

Each provision of this Privacy Policy is separate and independent from the others. If any provision of this Privacy Policy is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while maintaining the original intent of the provision. If modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed from this Privacy Policy, and the remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity and enforceability of any other provision. In the event that the removal or modification of an invalid provision materially affects the overall purpose of this Privacy Policy, we will take reasonable steps to amend the Privacy Policy to reflect our original intent as closely as possible.

Contact us: -

If you have any queries regarding this Policy, please contact us: PMHS Smart Health Pvt. Ltd. 6/8, wheelers Rd Ext, High St, D Costa Layout, Cooke Town, Bengaluru, Karnataka 560005 Email: hellocallcenter@gmail.com Phone: 09886499994