Terms of Service
Welcome to the UpHealth.Expert Platform (defined hereunder). The platform is operated by AllStax Technologies Private Limited, having its registered office at #201, Teachers colony II, BSK II, Bengaluru 560070.
The terms “You” or “Your” refer to you as the patient / user (irrespective of whether You are a Registered User (defined hereunder), or a Non-Registered / Minor User (defined hereunder)) and the terms “We”, “Us”, “Company”, “Our” and/or “UpHealth” or “UpHealth.Expert” refer to UpHealth. In the event the platform is being used by a person on your behalf, the expression “You” or “Your” or “Patient” or the “User” shall apply to such person as well.
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.
THE UPHEALTH PLATFORM
AllStax is the author, creator and publisher of the UpHealth Platform, which shall mean and INCLUDE the WhatsApp based UpHealth tele-medicine / consultation service, website and ALL information contained therein, queries answered by the UpHealth team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services (including all files and images contained therein or generated by the platform, and accompanying data, herein referred to individually or collectively as “Platform”).
The Platform may be used by Users (defined below) to avail Services and / or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor / consultant information, appointments, prescriptions, laboratory and diagnostic tests, drug delivery, electronic medical records, billing, inventory, accounting details and other relevant information.
“Registered Users” are users:
“Healthcare Service Providers” or “HSPs” are third parties including but not limited to clinic or hospital listed on the Platform, also, includes their duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, phlebotomist, pharmacist other incidental and ancillary healthcare service providers listed on the Platform and who interacts with Users as part of the Services.
“HSP Registered Users” are Registered Users whose profile has a unique identification attached to it including but not limited to UHID (unique health identification) or UMR (unique medical record). HSP Registered Users may not be permitted to access to certain areas of the Platform.
“Non-Registered Users” are users who have not registered themselves on the Platform. Non-Registered Users may not be provided access to certain areas of the Platform.
Registered Users, HSP Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.
ACCESS AND USAGE RIGHTS OF USERS
Non - Registered User:
Such a User is not permitted to access or make use of the Platform for any purpose other than the following permitted use:
HSP Registered Users:
A HSP Registered User is only permitted to access and use the Services provided through a particular HSP only or any other limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to HSP Registered User from time to time through any contact information shared by HSP or HSP Registered User at the time of registration.
Such a User is specifically permitted to:
The data and information available on the Platform may be categorized as follows:
As required by law, You must be at least 18 years of age or older, have a sound mind and not debarred by any law to contract in order to access and use the Platform and Services as a Primary User. In case the Platform or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then only the legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a Secondary User.
All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User only as a beneficiary. The Primary User will be entirely responsible and accountable for the Secondary User’s activity on the Platform, as if the Platform and Services were being accessed and used by the Primary User.
You will use the Platform and the features provided on the Platform only in relation to and in compliance with all applicable Indian laws. You will not use this Platform, or any feature provided on the Platform for any purposes not intended under this Agreement.
You should limit the use of this Platform to India only. We are not responsible if You avail any Service under the Platform from outside India. You must have the advice and / or prescription given by such HSP validated by a local registered medical practitioner.
You will not use the Platform for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
UpHealth is a transaction facilitator. Through the Platform, UpHealth facilitates the purchase of Services offered for sale by HSP. You understand and agree that UpHealth merely provides hosting services to You. All Services offered for sale on the Platform are owned by the HSP. UpHealth has no control over HSP Services and does not originate or initiate the transmission or select the sender / recipient of the transmission. The authenticity and genuineness of the Services made available by HSP through the Platform shall be the sole responsibility of HSP. You understand and agree that the Platform shall have no liability with respect to the authenticity of the Services being facilitated through the Platform.
Use of Services
The Platform may be used to access a variety of healthcare and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by UpHealth, You may avail following services through the Platform:
USER CONSENT & PRIVACY
You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Platform which may be accessed by UpHealth and / or HSPs using the Platform, during the course of providing Services to You.
If You are a Secondary User, Your information may be provided to Us by the Primary User under whose account you are using and accessing the Platform and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at firstname.lastname@example.org.
By continuing to access and use the Platform and Service, You confirm that You as a Secondary User have authorized Primary User to provide Your information to us and on the basis of information provided by the Primary User UpHealth care team doctors and / or HSP would generate the prescription in the Secondary User’s name.
We may collect various personal information from You when You use the Platform and for the features provided by the Platform.
UpHealth is required by law to maintain the privacy and confidentiality of Your medical information. We assure to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us.
We, however, do not represent, warrant or guarantee that our safeguards to prevent unauthorized access to Your personal information is fool-proof. Further, UpHealth may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints or grievances that You bring to the notice of UpHealth. You hereby specifically authorize UpHealth to access Your medical information in such cases.
Your use of the Platform shall be subjected to the following terms and conditions:
PAYMENT, FEES AND TAXES
You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services. While UpHeath will strive to give You a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to.
UpHealth shall send an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You.
The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital.
“Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:
REPRESENTATIONS AND WARRANTIES
By Using This Platform, You hereby represent and warrant that:
You understand that there are inherent risks involved in receiving medical services over a mobile / computer platform, which include:
Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a HSP;
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will UpHealth or its contractors or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Platform or the Services, materials and functions related thereto whether or not UpHealth has been warned of the possibility of such damages or could have reasonably foreseen such damages.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
The information provided under this Platform and the terms and conditions therein are governed by and to be interpreted in accordance with laws of India.
The parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by one (1) arbitrator, mutually appointed by the parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Bengaluru, Karnataka. Subject to the aforesaid, the competent courts of Bengaluru, Karnataka shall have jurisdiction to grant urgent interim reliefs to the parties.
The parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.