DOCTOR CONSULT TERMS AND CONDITIONS

Qikwell Technologies India Private Limited (“QTIPL”) is providing online medical teleconsultation services through its medical practitioners (“Practitioner”) as per the terms and conditions mentioned below. QTIPL under the brand name ‘Practo’ provides the said Services (as defined below) through https://www.practo.com/consult and the mobile application ‘Practo’ (together, “Website”). 

  1. NATURE AND APPLICABILITY OF TERMS:

    Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.practo.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services from QTIPL. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and QTIPL in relation to the Services (as defined below).

    The Agreement applies to:

    • A patient, his/her representatives or affiliates, seeking healthcare services including searching for Practitioners through the Website (“End-User”, “you” or “User”); or
    • Otherwise, a user of the Website (“you” or “User”).

    This Agreement applies to online medical teleconsultation services provided by QTIPL through its Practioners on the Website (“Services”). The Services may change from time to time, at the sole discretion of QTIPL, and the Agreement at the time will apply to you for availing the Services.

    QTIPL reserves 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 continued use of the Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

    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
    • the Telemedicine Guidelines part of the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation, 2002
  2. DOCTOR CONSULT

    1. Definition:

      Consult is a Service provided by QTIPL that allows Users to seek medical consultation by communicating with its registered Practitioners on the Website/ platform. The Practitioner is assigned by QTIPL based on multiple parameters such as date and time of consultation request placed by the user, health problems etc. via the system’s algorithm/software-program that identifies the most relevant Practitioner, or the Users may also choose the Practitioner through search options made available on the Website/platform. The scope of this feature as detailed herein is collectively referred to as "Consult".

    2. Terms for Users:

      The Users expressly understand, acknowledge and agree to the following set forth herein below:

      1. QTIPL assigns its Practitioners through the system’s algorithm/software-program, which identifies the most relevant Practitioner. In some cases, the Users can choose the Practitioner of choice through the search options made available on the Website / platform.
      2. In case any prescription is being provided to the User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
      3. The Users agree to use the advice from Practitioner on the Website subject to:
        • an ongoing treatment with their medical practitioner;
        • a condition which does not require emergency treatment, physical examination or medical attention;
        • medical history available as records with them for reference;
        • a record of physical examination and report thereof with them, generated through their local medical practitioner;
        • consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
      4. The User agrees that by using Consult, the Practitioners will not be conducting physical examination of the Users, hence, they may not have or be able to gain important information that is usually obtained through a physical examination. User acknowledges and agrees that he/she is aware of this limitation and agrees to assume the complete risk of this limitation.
      5. The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, and to the best of his knowledge and ability, and not for conditions which are territory specific i.e., for regions other than India, irrespective of location where the User is procuring medical services or engaging in communication with the Practitioner.
      6. During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User on the Website for access by the User. However, it is expressly clarified that for Users who are not located within India and using Consult, the Practitioner may or may not issue a prescription, at his sole discretion.
      7. The User hereby agrees to QTIPL's medical team carrying out an audit of his/her consultations with the Practitioner for the purpose of improving treatment quality, user experience, and other related processes. The User acknowledges that the subject matter of audit may include texts, messages, photographs, reports, audio or video recordings or any other material exchanged between the User and the Practitioner which could inter alia include User's personal information, including sensitive personal information. This personal information will be processed in accordance with Privacy Policy.
      8. User shall refrain from raising any personal queries or seeking advice from Practitioner which are not related to a specific disease / medicine/medical condition.
      9. Users shall not use abusive language with the Practitioner. In the event of an abuse from the User is reported by a Practitioner, QTIPL reserves the right to terminate the Service and shall not provide such Services in future. QTIPL is not responsible for honouring any refund request towards his/her consultation paid to QTIPL.
      10. Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos.
      11. Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Website. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.
      12. Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
      13. For every paid consultation, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation, such consultations will not be addressed by the relevant Practitioner.
      14. Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the regulations under the Telemedicine Guidelines. The restricted drugs are as follows:
        • Medication for Medical Termination Pregnancy (MTP)
        • Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
      15. If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
      16. User understands and agrees to provide accurate information and will not use the Services for any acts that are considered to be illegal in nature.
      17. The User agrees and understands that the transaction with the Practitioner and QTIPL are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
      18. The User shall indemnify and hold harmless QTIPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
      19. The User shall make payment using the payment gateway to make payments online, solely at User's discretion. Should there be any issues with regard to the payment not reaching the QTIPL account, the User may contact QTIPL's support team via online chat: https://www.practo.com/consult/direct/chat-support.

    3. Refund policy for Users:

      1. In the event it is proved that the Practitioners have acted in contravention of any applicable laws, QTIPL shall provide complete refund to the User, subject to investigation undertaken by QTIPL.
      2. If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and QTIPL shall be entitled to take any legal action, depending upon the gravity of the matter.
      3. User shall refrain from raising any personal queries or seek advice which are not related to a specific disease / medicine/medical condition. In the event the User raises any such personal queries or seek advice, QTIPL reserves the right to terminate the consultation of such Users and further, such Users will not be entitled to any refund.
      4. In case a Practitioner does not respond to a paid consultation within ten (10) minutes from the time of starting a consultation/appointment or does not respond for more than fifteen (15) minutes during an active consultation, the User shall have the right to request for a refund and any amounts paid by the User with respect to the such consultations will be refunded.
      5. In case a Practitioner does not provide a consultation summary prescription for a particular consultation, then the User shall have the right to request for a refund and any amounts paid by the User with respect to such consultations will be refunded. Refunds will not be provided if the Practitioner has provided a consultation summary prescription to the User.
      6. In case a Practitioner is unreasonably abrupt or quick to complete a particular consultation, then the User shall have the right to request for a refund. QTIPL shall provide complete refund to the User, subject to investigation undertaken by QTIPL.
      7. QTIPL reserves the right to permanently block Users from future Services in the event QTIPL receives multiple cancellation request from such Users for reasons which do not form part of the cancellation policy of QTIPL.
      8. Users are allowed a period of three (3) days to flag any consultation as inadequate, and request for a refund. No refund requests shall be considered thereafter.
      9. Users can request a refund by contacting QTIPL’s online chat support: https://www.practo.com/consult/direct/chat-support
      10. QTIPL shall check the details and process the refund where applicable, solely at its discretion. After a refund request is processed, the money will be refunded to the User in seven (7) working days from the day refund has been approved by QTIPL.
      11. In the event a User raises any concerns regarding the inappropriateness of a particular consultation on the Consult platform, the User agrees that the refund or any other outcome for any such concerns raised by the User will be subject to a detailed review of the said concerns by QTIPL as per QTIPL’s internal policies.
      12. In all matters related to refund and settlement under this Agreement, QTIPL shall decide so at its sole and absolute discretion after detailed review of the matter and taking into account all the involved parties’ information. The decision of QTIPL shall be final in this regard.

    4. Express Disclaimers:

      1. Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination or/and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, QTIPL shall not be held liable.
      2. Consult is a mode available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with a medical practitioner.
  3. TERMINATION

    QTIPL reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice at any time, and to exercise any other remedy available under law.

  4. LIMITATION OF LIABILITY

    In no event, including but not limited to negligence, shall QTIPL, or any of its directors, officers, employees, agents or service providers, affiliates and group companies (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, , even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

    • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
    • any unauthorized access to or alteration of your transmissions or data
  5. SEVERABILITY

    If any provision of the Agreement is invalid as per applicable law, held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  6. WAIVER

    No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by QTIPL. Any consent by QTIPL to, or a waiver by QTIPL of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  7. APPLICABLE LAW AND DISPUTE SETTLEMENT

    The parties agree that this Agreement and any contractual obligation between QTIPL and User will be governed by the laws of India.

    The courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the Website or the Services or the information to which it gives access.