There are persons who do not want to confront a counselor face to face and also reveal in identity in public. There are persons who are not able to move alone or frequently but want constant or occasional consultation. Online consultations allow the user to consult a doctor while maintaining their privacy and without the hazard of travel. Online doctor consultations give them easy access to doctors and make it convenient for them to prioritise their health and privacy simultaneously. Online consultations are beneficial for people who want specialist doctor’s advice and second opinions on various health conditions It’s technically legal. Earlier, there was a false rumour going about online consultation being illegal.
Use or access to the site or services make a binding agreement
Your use and access of the site and/or mobile applications and services and tools or registering are conditioned on your acceptance of and compliance with these Terms and are governed by the following terms and conditions ("Terms of Use") as applicable including the applicable policies which are incorporated herein by way of reference. These Terms apply to all visitors, users and others who access or use the Service. If you transact on the web, you shall be subject to the policies that are applicable to the Website for such transaction. BY MERE USE OF THE APPLICATION OR ACCESS TO THE SERVICES YOU SHALL BE IRREVOCABLY CONTRACTING WITH MY FAMILY DOCTOR ON THESE TERMS AND CONDITIONS WITHOUT ANY LIMITATION OR QUALIFICATION AND YOU ACCEPT ALL THE OBLIGATIONS STIPULATED IN THESE TERMS OF USE, PRIVACY POLICY, OTHER POLICIES AND DISCLAIMER AND AGREE TO ABIDE BY THEM AND THE SAME SHALL CONSTITUTE YOUR BINDING OBLIGATIONS. By accessing, registering, using or ordering services through the Site/mobile app, you affirm that you have read this Agreement and understand, agree, and consent to all the terms contained herein. If you disagree with any part of the terms then do not use our Website and/or Mobile Application.
WE REQUEST YOU TO CAREFULLY GO THROUGH THESE TERMS OF USE BEFORE YOU DECIDE TO AVAIL THE SERVICES. We reserve the right to modify or terminate any portion of the website or the services offered for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these terms of use periodically. The website should not be used in cases of medical emergencies and myfamilydoctor.co.in does not, and should not be considered in any form to be a substitute for a hospital.
Services offered:
- Online Consultation (via Video Calling)
- Direct Consultation - Face to Face
Terms and Conditions
By accepting these Terms and Conditions, you warrant and represent that:
- You have completed 18 years of age as on date of this agreement.
- You have fully read and understood the Terms and Conditions as set forth hereunder, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
- Your use of the site or services shall not violate any applicable laws or regulations.
- All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
- You are granted only a limited, non-exclusive, non-transferable right to access our website and/or mobile applications and use the Services solely for your personal non-commercial use and any use of this site or its content other than for personal purposes is prohibited.
- You shall not modify in any form or any content of the website. You shall not decompile, reverse engineer, or disassemble the content. You shall not remove any copyright, trademark registration, or other proprietary notices from the site. You further agree not to access or use this site in any manner that may be harmful to the operation of this site or its content.
- You shall not use the service available for commercial purposes of any kind. You shall not use site and/or services in any way that is unlawful, or harms the My Family Doctor or any other person or entity.
- You accept and acknowledge that Dr. James Sebastian is the owner of My Family Doctor, D.No.25/535-A, PAIKKATT (House), Opp. Metro Pillar 340, South Kalamassery, Cochin, Kerala 682033, India and the domain name and website myfamilydoctor.co.in (from now on and herein referred to as, "the website" or "My Family Doctor" or "the site").
- You also absolve professionals engaged by My Family Doctor who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by you through the use of medical second opinion (also referred at myfamilydoctor.co.in as ''online doctor consultation'' or ''online doctor consult'' or "medical consultations" or "medical consults" or "health queries" or "queries" or "video consultations" or "video consults" or "phone consults" or "phone queries" or "phone consultations" or "video queries" or "direct query to a doctor" or "follow-up query" or "free query" or "paid query" or "common query" or "consultation" or "appointment"). You also understand and use the website accepting that it is being provided on an ‘as is’ basis.
- For any medical emergency, you shall immediately contact your physician in person.
- The limitations associated with consultations or other services online exclusive of physical examination, in-person advice or onsite and extensive investigations are hereby accepted and agreed to by you.
- Provisions relating to the liability of My Family Doctor and its licensors, user submissions, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms and use for any reason whatsoever.
- You agree that you will not use the Site to post any advertisement or other commercial messages. You further agree that you will not post or attempt to post any content whatsoever on the website of My Family Doctor (myfamilydoctor.co.in), which to your knowledge is knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material irrespective of whether the same is defamatory or illegally invasive of another person's privacy. If any complaint is received against you to this effect, then upon receiving such complaint My Family Doctor can choose to delete any inappropriate posts as quickly as possible and/or to take any other appropriate legal steps.
- You agree that you shall use the Site on your own free will and shall not be guided in any manner including by way of any promotional emails, phone calls and advertisements from My Family Doctor and its affiliates and partners. The use of the Site and the Content is therefore entirely at your own risk. When using the Site, the information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of My Family Doctor and its suppliers. Accordingly, My Family Doctor assumes no responsibility or liability whatsoever for or relating to the delay or failure of delivery of data, interruption or corruption of any data or other information transmitted in connection with use of the Site. The Site and the Content are provided on an "as is" basis. My Family Doctor, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties.
- You agree that, to the fullest extent permitted by law, neither My Family Doctor, its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages or legal disputes (including, without limitation, incidental and consequential damages, arbitration, personal injury, litigation, lost profits, or damages resulting from lost data or business interruption, including any computer virus, claim for disability benefits, claim for worker's compensation and/or malpractice claims without the prior written consent of My Family Doctor) resulting from the use or inability to use, by the user, of the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not My Family Doctor is advised of the possibility of such damages.
- To the extent permitted by law, all legal claims if any, arising in connection with your use of the Site and any of its Content, shall be brought within thirty (30) days from the date of occurrence of the event giving rise to such action.
- To the fullest extent permitted by law, My Family Doctor is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their legality, content or accuracy. You are at your own risk subject to the terms and conditions of use for such sites. My Family Doctor does not endorse any product advertised on the Site.
- You expressly acknowledge and agree that my family doctor, its licensors, suppliers and business partners are not responsible in any way and in any manner whatsoever for the results of your decisions resulting from the use of this website or the information contained herein, including but not limited to, your choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatment based on the information on or accessed through this website (including but not limited to video consult, live chat, email, phone).
- You agree that you are solely responsible for anything posted on the Site. You further agree to defend, indemnify, compensate and hold My Family Doctor, its officers, directors, employees, doctors, moderators, agents, licensors, and suppliers, harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your violation of these Terms and Conditions or any claims based upon your posts/submissions on the Site.
- You authorize My Family Doctor to contact you via email and phone call to provide information and notification pertaining to services provided on the site. You also agree for My Family Doctor to send transactional SMS to the mobile number which you have registered on the site.
- Charges Payable:
- You shall pay an annual membership fee if applicable and the necessary consultation fee, pursuant to the schedule of memberships and fees set forth on the My Family Doctor. We reserve the right to modify its pricing structure at any time and implement the new price structure at any time prior to billing the client for his or her initial payment or for future payments that are due pursuant to this agreement.
- You authorize us to immediately invoice your credit card or any other payment account and/or payment methods provided for any and all fees and charges due and payable and agree that no additional notice or consent is required.
- Unless otherwise agreed to by us in writing, all fees paid are non-refundable. Your credit card information and other financial data needed to process your payment are collected and stored by third party payment processors, and we may collect some information. The use of your data by any such third party payment processors is subject to their privacy policies.
- You understand that the consultation time allotted for one booking for online consultation is up to 15 minutes at a time unless the physician decides otherwise. If the booking is cancelled from your end after the payment is made, then there will not be a refund in cash but you shall avail the service within the next 6 months from the date of booking.
- The time and calendar as seen on the My Family Doctor is based on Indian Standard Time (I.S.T.). If you are outside of the IST time zone, it is your responsibility, at the time of scheduling and at the time of attendance of their consultation, to accommodate for this difference.
- My Family Doctor will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If you have a question about charges made to your account, you shall contact myfamilydoctor@myfamilydoctor.co.in immediately. Even if the charges were made in error, My Family Doctor still has the sole discretion to credit the account or credit card account for the appropriate or corresponding amount. My Family Doctor has a zero-tolerance policy for chargebacks. Any dispute of a credit card payment that is found to be valid is subject to a fine, suspension and account termination subject to My Family Doctor's discretion.
- You expressly agree that the exclusive jurisdiction for any dispute with My Family Doctor, or in any way relating to the use of the Site, resides in the courts of Ernakulam, Kerala, India.
- These Terms and Conditions are governed by the internal substantive Indian laws of the land, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions at any one point of time shall be deemed as a further or continuing waiver of such term or condition or any other term or condition a subsequent occasion. These Terms and Conditions constitute the entire agreement between the parties and supersede all other agreements relating to this subject matter, and set out the complete legal relationship between My Family Doctor and you arising from or connected with this subject matter. For the avoidance of doubt, in the case of any conflict between these Terms and Conditions, and any other agreement, these Terms and Conditions will prevail over all or any of them.
- You are prohibited from republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the Directory Listing or any of the data or other information contained in the site, in whole or in part, in any medium whatsoever, and all such information and content posted on the site either by My Family Doctor or any user or anyone else authorized by My Family Doctor to this extension, shall form exclusive property of My Family Doctor.
- You undertake not to infringe upon or permit anyone to infringe upon any of the intellectual property rights of My Family Doctor in the site, in particular the data and content posted therein, and further undertake to suitably compensate us in this regard for the loss or damage suffered by My Family Doctor due to the said infringement by you and also indemnifies My Family Doctor to this effect.
- You undertake to put My Family Doctor on notice, immediately upon coming to know of any infringement of the intellectual property rights of My Family Doctor, by any other user or by third parties.
- Any conversations that you have had with the Practitioner will be subject to doctor - patient confidentiality and treated as such as per the applicable laws.
- The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to you and you have the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise you and explain appropriately for the next steps which may include referring you for further evaluation.
- My Family Doctor will not be liable for any damages of any kind arising from your use of this site or video consulting or phone service or email communication, including, but not limited to, direct, indirect, incidental, punitive or consequential damages.
- The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: "You" and "Your" refers to you, the person accessing this website and accepting the terms and conditions. "Ourselves", "We" and "Us" ‘our’, refer to My Family doctor. "Party", "Parties", refers to both you and ourselves, or either to you or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to you in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting your needs in respect of the provision of stated services/products, in accordance with and subject to, prevailing Indian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Privacy Policy
- My Family Doctor is committed to respecting and protecting your privacy. Our authorized employees on a need to know basis only use any information collected from you. We constantly review our systems and data to ensure the best possible service to you. There are specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
- This Privacy Policy is applicable only to our website myfamilydoctor.co.in and our mobile applications and not to any other website's or mobile application's that you may be able to access from our website, each of which may have practices and policies that may differ materially from this Privacy Policy. Your use of our website and/or mobile applications as well as our products and/or services is governed by this Privacy Policy and to our Terms and Conditions.
- We may collect Information from you including Personal identification details about you and your background, including your name, address, contact information, date of birth, and other identification, medical history, medical information records of your interactions, transactions and/or dealings with us over the phone/video conferencing on your mobile device or through email or the Internet details about your browsers activities, your browser or mobile device determine your location through use of various technologies in order to access to your camera, photo gallery, microphone, file explorer, file manager in order for us to connect with you over Video consultation to perform an inform diagnosis and treatment plan to the best possible extent.
- You authorize the collection of Information to us as required in order to serve you and to administer our services and activities including but not limited to: verify your identity, evaluate and process your accounts, transactions and reports, provide you with ongoing service and information related to the products, accounts and services with us, analyze your needs and activities to help us serve you better and develop new products and services, help protect us against fraud and error, help manage and assess our risks, operations and relationship with you, organizations with whom you make arrangements, other service providers or agents including payment card networks, conduct statistical research on individual or aggregate health or medical trends, comply with applicable laws and requirements of regulators, including self-regulatory organizations.
- We may disclose Information, including as follows: in response to a court order, search warrant or other demand or request by proper authorities, which we believe to be valid, to meet requests for information from regulators, including self-regulatory organizations of which we may be a member or participant, or to satisfy legal and regulatory requirements applicable to us, to payment card networks in order to operate or administer the payment card system that supports the services or accounts you have with us or for any contests or other promotions they may make available to you, when we buy a business or sell all or part of services or when considering those transactions, to help us collect a debt or enforce an obligation owed to us by you where permitted by law. You may not withdraw your consent for these purposes.
- We will not be responsible for the information loss or privacy loss due to the incorrect information provided by you. We make efforts in good faith to receive, transmit and store Personal Information in a secure environment but we cannot guarantee that there will be no unintended disclosures of your Personal Information.
- We work hard to protect us and our users, from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We may encrypt some of our services.
- We may need to provide you with communications from time to time, including but not limited to Appointment Reminders, Service Notifications, Announcements, Administrative Messages, as part of providing you the Services. These communications are considered to be part of Services. We may also exchange information containing your personal health information over insecure email, even though we fully understand that secure electronic messaging is always preferable to insecure email. We cannot ensure the security and confidentiality of messages and information sent via insecure email.
- We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up.
- In order to prevent, detect or suppress financial abuse, fraud, criminal activity, protect our assets and interests, assist us with any internal or external investigation into potentially illegal or suspicious activity or manage, defend or settle any actual or potential loss in connection with the foregoing, we may collect from, use and disclose your Information to any person or organization, fraud prevention agency, regulatory or government body, the operator of any database or registry used to check information provided against existing information, or other insurance companies or financial or lending institutions. For these purposes, your Information may be pooled with data belonging to other individuals and subject to data analytics
CopyRights
- Copyright and other relevant intellectual property rights exist on all text relating to our services and the full content of this website.
- Our logo is a registered trademark in India. This includes brand names and specific services featured on this website. All the content, images, graphics and videos listed or published on this website is our sole property - All Rights Reserved.
- Any form of reproduction or redistribution of all or any part of the content in the same or any different format is strictly prohibited.
- Any party intending to copy or use the content for their personal purpose, publishing it on a website or display publicly through any media should get exclusive permission from the site's admin by contacting us by emailing to myfamilydoctor@myfamilydoctor.co.in. The concerned team will get back to you.
- Force Majeure: Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
- Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
- General: The laws of India govern these terms and conditions. By accessing this terms or using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Our failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by our duly authorized representatives.
- My Family Doctor Clinic respects the privacy of visitors to this website and understands that information about you, your health, and your health care is sensitive. We will not share your personally identifiable information to third parties unless specified by law.
- When you register with us or book for an appointment we ask certain personal details for our records. Our purpose is to begin identifying your medical and timing needs so that we can propose or schedule the appropriate services for you. This also helps us begin setting up a record for you, so that registration is easier when you you start the consultation.
- We take reasonable precautions to maintain the protection of personally identifiable information collected through this website and used in accordance with this Privacy Statement. In addition to technical safeguards, we also use physical controls and procedures to safeguard your personally identifiable information. However, we cannot guarantee that it is completely secure from people who might attempt to evade our security measures or intercept transmissions over the Internet.
- We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
- We work hard to protect us and our users, from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We may encrypt some of our services.
- Like most interactive web sites our website may use "cookies" for remembering some of your customized user preferences, to help us better understand how people use our Website, and to help us improve our Website. The cookies set by our Websites are used only by our Websites. To disable or limit the use of cookies, please refer to the options provided by your Internet browser. If you do so, however, some pages on this website may not work properly.
Disclaimers And Limitations
- By using this site and Services, you agree to abide by these Terms and Conditions and those additional terms and conditions posted on the My Family Doctor website/mobile app from time to time.
- You agree that the following disclaimers form an essential part of the Terms and Conditions.
- You agree that our liability pursuant to these Terms and Conditions shall not under any circumstances, and regardless of whether the liability arises out of contract or tort, exceed the amount of the most recent subscription fee you have paid to My Family Doctor.
- The online service provided by My Family Doctor for the review of your records is different from the diagnostic services typically provided by a physician during a face-to-face visit. Providing this service will not have the benefit of information that could be obtained by examining you in person and observing your physical condition directly. It is based on the information given by you to the physician. The service is not intended to replace a full medical evaluation or face-to-face visit with a physician. The Physician may not have important information that is usually obtained through a physical examination and you accept the limitations thereof.
- The absence of physical examination may affect the Physician’s ability to give a complete opinion on user’s condition, disease or injury. These Services are for medical purposes only and not for use in any related litigation or malpractice matters. Nothing contained in the My Family Doctor site/mobile app is or should be considered, or used as a substitute for, diagnosis or treatment in a hospital. The Services provided on this Site/mobile app are here to handle medical issues that may affect your daily lives.
- When using our Website and/or Mobile Applications, information will be transmitted over a medium that may be beyond our control and jurisdiction. We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our Website and/or Mobile Applications.
- This Site/mobile app and its Services are not intended to be used to:
- Treat a medical emergency or acute medical condition, Provide a final diagnosis. By engaging our Services, you acknowledge and agree to assume the risk of these limitations. You further understand that no warranty or guarantee has been made to you concerning any particular result or cure of any condition.
- We make no warranty or guarantee that the My Family Doctor website/mobile app will be uninterrupted, timely, and secure or error free. We also does not warrant or guarantee that medical records hosted on My Family Doctor website/mobile app will be free of infections or viruses, worms, Trojan horses or other code that contain contaminating or destructive properties. The service is provided on an “as is” and “as available” basis. Under no circumstances will we or any of our officers, members, employees, agents, contractors or Physicians be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from the use of or the inability or delay to use the services or any parts thereof.
- Our Site/mobile app may contain advertisements by third parties and we may receive royalties from such advertisers.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or My Family Doctor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, My Family Doctor has the right to discontinue the Services to the User at its sole discretion.
- We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
You have read, acquainted yourself and understood the above-mentioned terms and conditions and that by using My Family Doctor and/or Portal and the Video Consulting, Phone and Email services, you agree to the Terms and Conditions set forth above.