Terms and Conditions of Use


These Terms and Conditions of Use (hereinafter referred to as “Terms”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.


  1. Preface


  1. This Website www.tatahealth.com/ (“Website”) and TataHealth (“Mobile Application”) (collectively referred to as Digital Platform) is coined, adopted, maintained and operated by Tata Industries Limited – DHP Division, a Company incorporated under Laws of India, having its registered office at, Bombay House, 24 Homi Modi Street, Mumbai 400001 and having one of its office at 3rd Floor, 17 /R, 18th Cross, 19th Main, Sector 3, HSR Layout, Bangalore 560102 (hereinafter referred to as “Tata Health”).


  1. Tata Health is set up to leverage the power of digital technology to empower healthcare providers and consumers in India. 


  1. Entire Agreement


  1. This Agreement (hereinafter defined) setouts the Terms under which the User(s) (hereinafter defined) is/are permitted to use the Website/Mobile Application and the Services (hereinafter defined) available thereunder.


  1. Changes


  1. Tata Health reserves its rights to modify, change, edit, alter, amend, revise or substitute the Agreement from time to time with or without prior notice to the User(s).


  1. Acknowledgement


  1. Before accessing or creating User Account (hereinafter defined) on the Digital Platform, User(s) are advised to carefully read these Terms and the Digital Platform’s Privacy Policy available at www.tatahealth.com The Terms and the Privacy Policy are collectively referred to as “Agreement” herein. By accessing/browsing the Website/ Mobile Application for any information and/or availing the Services, the User(s) hereby acknowledge that they have read, understood and accept all the terms and conditions of the Agreement and agree to abide by the same. If the User(s) do not consent or accept the terms and conditions of the Agreement they are advised to forthwith disengage from the Website/Mobile Application and stop the access/use thereof.


  1. Tata Health reserves the right to (i) accept or reject the request of the User(s) to create an account, (ii) terminate the account of registered User(s) for unauthorized use, or (iii) refuse the Services offered through this Digital Platform due to non-availability of Services.


  1. Eligibility for accessing and availing the available Services on the Digital Platform


  1. Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 and subject to acceptance by Tata Health is permitted to create/ access User account to avail the available Services. Minors are prohibited from accessing or creating User Account, however Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws.


  1. Definitions


  1. Agreement” means these Terms and Conditions of Use, together with Privacy, Policy (available at www.tatahealth.com), and additional terms wherever applicable,

  2. Digital Platform” or “Platform” collectively refers to the Website and Mobile Application,

  3. EMR” means Electronic Medical Record,

  4. HCP” means Healthcare Professionals,

  5. Health Vault” means a virtual locker (identified as SeCure in the Mobile Application) where User(s) can store their health records/reports including but not limited to EMR,

  6. HSP” means Healthcare Service Provider providing pathology services, pharmacy services, health content services, health fitness services as the context may require and is a Third Party Service Provider.

  7. Insta-Assist services” means either telemedicine consultation or Insta Chat consultation rendered by available HCP.

  8. Mobile Application” means TataHealth mobile application which User(s) can download from Google Play Store or Apple App Store,

  9. Services” means healthcare services including but not limited to (a) consultation with HCPs (b) video consultation with HCPs (c) telemedicine consultation /insta chat consultation with HCPs (d) Pathology laboratory services (e) pharmacy services (f) health content services (g) health fitness services (h) medication reminder services, available from time to time through the Digital Platform, and rendered either directly by Tata Health or respective Third Party Service Provider(s)

  10. Third Party/Parties” means any party other than Tata Health and the User(s),

  11. Third Party Service Provider(s)” means those persons or entities including but not limited to HCPs/HSPs who are listed on the Digital Platform and who provide the available Services by accepting the requests made by the User(s) and for which such Third Party Service Provider are alone liable for such accepted Services,

  12. Territory” means the Republic of India,

  13. Unregistered User” means any visitor to this Digital Platform,

  14. User(s)” means any person competent to contract under Indian Contract, 1872 and created User Account. User(s) may be referred to as You, Your, him, her they, as the context may require,

  15. User Account” means the account created by the User(s) (pursuant to the acceptance by Tata Health), on the Digital Platform by submitting their details as is required, for availing or providing the Services,

  16. Website” means www.tatahealth.com/


  1. Interpretation


In this Agreement,


  1. The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement;


  1. The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement;


  1. Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and


  1. No rule of construction or interpretation shall apply to the disadvantage or detriment of Tata Health for having control or being responsible for the preparation of this Agreement.


  1. Access to Usage of Digital Platform


  1. The Digital Platform can be browsed and accessed by Unregistered User(s) or User(s)


  1. User(s) acknowledge that Services being rendered by third party service provider(s) are governed by respective Third Party Service Provider(s) terms and conditions. User(s) agree to read, understand and accept such terms and conditions available on respective Third Party Service Provider(s) website/mobile application(s) before booking/ordering/availing Services from such Third Party Service Provider(s).


  1. User Account


  1. For availing any Services on the Platform, the User(s) need to create a User Account by entering certain information including but not limited to (a) Name, (b) Age, (c) Gender, (d) valid email-Id and password


  1. Tata Health subject to the terms of this Agreement may accept the User Account creation request. The creation of User(s) Account shall be at the sole discretion of Tata Health. User(s) can create multiple accounts for their family members using the same credentials and avail the available Services.


  1. The User(s) are requested to carefully read the Agreement before browsing or accessing the contents, or creating a User Account, on the Digital Platform and gain knowledge as to how the information shared by them may be stored, protected, processed, used, shared and disseminated by Tata Health.


  1. User(s) can rectify any discrepancies (except for change in Mobile Number) in their User Account information by reporting the same to Tata Health.


  1. Services


  1. The Registered User(s) may access or avail the following Services,

  1. Book an appointment for consultation with Healthcare Professionals;

  2. Video Consultation with Healthcare Professionals for non-emergency medical care;

  3. Tele-medicine consultation with Healthcare Professional for non-emergency medical care (InstaDoc/Insta-Assist/Chat Services);

  4. Book an appointment for Diagnostic Services (Pathology Laboratory Services);

  5. Order for Online Prescription medicine (Pharmacy Services);

  6. Health and Nutritional information (Health Content Services);

  7. Health Fitness Services;

  8. Medication Reminders;

  9. Rewards Program


  1. The Services referred under clauses (a), (b), (c), (f), (g), (h), (i) above may be offered by Tata Health or concerned Third Party Service Provider(s). The Services referred in clauses (d), (e), are offered only by concerned Third Party Service Provider(s).


  1. At the time of availing the Services the User(s) will be made available the information regarding the Third Party Service Provider(s) who are providing the chosen services and the User(s) may opt the services from the desired Third Party Service Providers.


  1. User(s) are required to make requisite payment of Service Fees/Charges as are fixed and hosted on the Platform for availing the Services as per the specified payment mechanism.


  1. Tata Health at its discretion can provide or facilitate the Services in the following manner,

  1. against payment of Service Fees/Charges,

  2. free of charge,

  3. by offering some discounts/concessions,

  4. against redemption of points accrued by the User(s),


  1. Terms of the Services


  1. Book an appointment for consultation with Healthcare Professionals


  1. Tata Health lists the profile of HCPs on its Platform.

  2. User(s) may search the Platform for HCPs for the available specialties/ therapeutic areas.

  3. From the results displayed the User(s) may book an appointment on the Platform for the Services of HCPs as per the available times slot.

  4. Pursuant to booking Tata Health will send a communication to the User(s) informing the booking details.

  5. The User(s) is/are required to visit the Clinic of HCP at least 15 minutes prior to the Schedule appointment.

  6. User(s) may reschedule the confirmed appointment until 15 minutes prior to the schedule appointment.

  7. User(s) may at the time of booking appointment permit HCP’s to access their Health Vault.

  8. Pursuant to Your consultation, an EMR/Consultation Summary will be created instantly, the details of which will be shared to User(s) Health Vault. User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and in any case not later two days of receipt, else the details in the EMR/Consultation Summary shall be treated as final.


Disclaimers


  1. In the event,


  1. any schedule appointment is subsequently cancelled by HCP or


  1. the HCP is not available for providing the Services on the schedule date and time of appointment.

Although Tata Health is under no obligation to arrange for fresh appointment, however subject to the availability of the concerned HCP, Tata Health on its best efforts basis may arrange for a fresh appointment for the User(s) and this shall be the sole remedy for the User(s) herein.


In case the User(s) has prepaid for an appointment with concerned HCP and does not intend to avail the fresh appointment pursuant to the events occurred under clause I (a) (b) above, the prepaid amount shall be refunded back to the User(s) account.


  1. In the event,


  1. the User(s) chooses any wrong specialty or therapeutic area for consultation,


  1. the User(s) gives wrong or unauthorized information.


Tata Health shall not be responsible for any consequences arising therefrom.


  1. User(s) acknowledge and agree that the concerned HCP from whom Services are booked/ordered/availed shall alone be liable and responsible for (i) the treatment, prescription, medication (collectively referred to as “HCP services”) and (ii) for medical negligence arising out of such HCP services, User(s) confirm that it shall not make any claim on any other person/party.


  1. The display of any search results on the Platform is on “as is” basis (as per the details made available by the HCPs).


  1. User(s) acknowledges and agrees that Services that Tata Health is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between Tata Health and the User. However, the foregoing shall not apply for any healthcare services that Tata Health is directly providing through the Platform.


  1. Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCPs or Third Party(ies) for viewing their health records/reports and granting any such access shall be at User’s(s) sole discretion.


  1. Video Consultation with HCP (Healthcare Professionals) for non-emergency medical care;


  1. Tata Health lists the profile of HCPs on its Platform.

  2. User(s) may search the Platform for HCPs for the available specialties/ therapeutic areas.

  3. From the results displayed the User(s) may book an appointment on the Platform for the Services of HCPs as per the available times slot.

  4. Pursuant to booking, Tata Health will send a communication to the User(s) informing the booking details.

  5. The User(s) is required to log in at the schedule time.

  6. User(s) may reschedule the confirmed appointment until 1 (one) hour prior to the schedule appointment.

  7. Users may at the time of booking appointment permit HCP’s to access their Health Vault.

  8. Pursuant to Your consultation, an EMR/Consultation Summary will be created instantly, the details of which will be shared to User(s) Health Vault. User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and in any case not later two days of receipt, else the details in the EMR/Consultation Summary shall be treated as final.

  9. User(s) are advised to have a follow-up face to face visit with the HCP with whom the User(s) have availed Video Consultation Services and correlate the outcome of such video consultation with the HCP.


Disclaimers


  1. In the event,

  1. any schedule appointment is subsequently cancelled by HCP or

  2. the HCP is not available for providing the Services on the schedule date and time of appointment.


Although Tata Health is under no obligation to arrange for fresh appointment, however subject to the availability of the concerned HCP, Tata Health, on its best efforts basis, may arrange for a fresh appointment for the User(s) and this shall be the sole remedy for the User(s) herein.


In case the User(s) has prepaid for an appointment with concerned HCP and does not intend to avail the fresh appointment pursuant to the events occurred under clause I (a) (b) above, the prepaid amount shall be refunded back to the User(s) account.


  1. In the event,

  1. the User(s) chooses any wrong specialty or therapeutic area for consultation,

  2. the User(s) gives wrong or unauthorized information.


Tata Health shall not be responsible for any consequences arising therefrom.



  1. In the event there are disruptions, blurring, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, Tata Health although under no obligation, shall on its best effort basis, arrange for a fresh consultation appointment for the User(s). In case the User(s) has prepaid for the consultation with concerned HCP and does not intend to avail the fresh consultation pursuant to the events occurred under this clause (III), the prepaid amount shall be refunded back to the User(s) account.


  1. User(s) acknowledge and agree that the concerned HCP from whom Services are booked/ordered/availed shall alone be liable and responsible for (i) the treatment, prescription, medication (collectively referred to as “HCP services”) and (ii) for medical negligence arising out of such HCP services, User(s) confirm that it shall not make any claim on any other person/party.

  1. The display of any search results on the Platform is on “as is” basis (as per the details made available by the HCPs).


  1. User(s) acknowledges and agrees that Services that TataHealth is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between Tata Health and the User. However, the foregoing shall not apply for any healthcare services that Tata Health is directly providing through the Platform.


  1. Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCPs or Third Party(ies) for viewing their Health records/reports and granting any such access shall be at User’s(s) sole discretion.


  1. Tele-medicine/Insta Chat consultation with HCP for non-emergency medical care (Insta-Assist services);


  1. User(s) may contact on InstaDoc or use the Insta Chat option for connecting with available HCP for non-emergency medical care assistance.

  2. The available HCP shall depending upon the problems communicated by the User(s) provide appropriate medical advice if the same is within his/her therapeutic domain. If no medical advice could be rendered by available HCP, User(s) are advised to consult with the nearest available doctor/hospital/clinic.

  3. If any medical advice is given by the available HCP during Insta-Assist services, the User(s) will be sent a consultation summary to the User(s) Health Vault, User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and not later than two days of receipt, else the details in the EMR/consultation summary shall be treated as final.

  4. Users may permit HCP’s to access their Health Vault.

  5. User(s) are advised to have a follow up face to face visit with a HCP and correlate the outcome of telemedicine consultation/insta chat consultation. User(s) may book appointment of HCP through the Platform or visit any other doctor of their choice.


Disclaimers


  1. In the event,

  1. Insta-Assist services are not available on the Platform when the User(s) logs in for availing the same, User(s) will be informed the availability of Insta- Assist services once the services are restored. User(s) can also call Tata Health Customer Care number and enquire the approximate time for availability of Insta-Assist services. User(s) further agree not to hold Tata Heath responsible for non- availability of Insta-Assist services.


  1. In the event,

  1. the User(s) gives wrong or unauthorized information.


Tata Health shall not be responsible for any consequences arising therefrom.


  1. In the event there are disruptions, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, Tata Health although under no obligation, shall on its best effort basis, arrange for a fresh consultation appointment for the User(s). In case the User(s) has prepaid for the consultation with concerned HCP and does not intend to avail the fresh consultation pursuant to the events occurred under this clause (III), the prepaid amount shall be refunded back to the User(s) account.

  2. User(s) acknowledge and agree that the concerned HCP from whom Insta-Assist Services are availed, shall alone be liable and responsible for (i) the treatment, prescription, medication (collectively referred to as “HCP services”) and (ii) for medical negligence arising out of such HCP services, User(s) confirm that it shall not make any claim on any other person/party.

  1. User(s) acknowledges and agrees that Services that Tata Health is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between Tata Health and the User. However, the foregoing shall not apply for any healthcare services that Tata Health is directly providing through the Platform.


  1. Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCPs or Third Party(ies) for viewing their Health records/reports and granting any such access shall be at User’s(s) sole discretion.


  1. Order for Diagnostic Services (Laboratory Services)


  1. Tata Health lists the profile of HSPs on its Platform.

  2. User(s) may search the Platform for HSPs for the available specialties/ therapeutic areas.

  3. From the results displayed the User(s) may choose the desired HSPs from where the User(s) intends to avail the Services.

  4. User (s) may select the desired test(s) and may opt to visit HSP (s) facility for giving the test(s) sample or request for home collection services by booking an appointment at the available times slot.

  5. User(s) are required to provide name, age, gender, email, mobile number and their address and such other details as may be required, for providing the Services.

  6. User(s) are required to make payment as generated based on test(s) ordered. Payments can be made through the available payment options.

  7. User(s) will receive their test(s) reports directly in their Health Vault or through secured e-mail accounts, if any, shared by the User(s).


Disclaimers


  1. In the event,

  1. the HSP is not available for providing the Services on the schedule date and time of User(s) visit to HSP’s facility.

  2. If HSP does not provide, cancels or delays in providing home collection services on the time slots booked by the User(s)


Although Tata Health is under no obligation to arrange for a fresh appointment, however, subject to the availability of the concerned HSP, Tata Health, on its best efforts basis, may arrange for a fresh appointment for the User(s) to either visit the HSP’s facility for giving the test(s) samples or arrange for home collection services, as per the mutually agreed time slots between User(s) and HSP(s) and this shall be the sole remedy for the User(s) herein.


In case the User(s) has prepaid for an appointment with concerned HSP and does not intend to avail the fresh appointment pursuant to the events occurred under clause I (a) (b) above, the prepaid amount shall be refunded back to the User(s) account.


  1. In the event,

  1. the User(s) chooses wrong test(s) for investigation/diagnosis or

  2. the User(s) gives wrong or unauthorized information.


Tata Health shall not be responsible for any consequences arising therefrom.


  1. In the event, the User(s) misreport their prescription, personal details and information, neither Tata Health nor HSP shall be liable for the consequences arising therefrom.


  1. User(s) acknowledge and agree that the concerned HSP from whom Services are booked/ordered/availed shall alone be liable and responsible for (i) the test(s) reports, diagnosis (collectively referred to as “HSP services”) and (ii) for medical negligence arising out of such HSP services, User(s) confirm that it shall not make any claim on any other person/party.


  1. The display of any search results on the Platform is on “as is” basis (as per the details made available by the HSPs).


  1. User(s) acknowledges and agrees that Services that Tata Health is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between Tata Health and the User.



  1. Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCP(s) or Third Party(ies) for viewing their Health records/reports and granting any such access shall be at User’s(s) sole discretion.


  1. User(s) are advised to correlate the test result values appearing in digitized format on the Platform with values appearing in the PDF format/report shared by the HSP(s).


Any discrepancies found in the values appearing in the digitized format should be notified to Tata Health for rectification.


Any discrepancies found in the values appearing PDF format should be notified to the concerned HSP for rectification. In the event any request is made by the User(s) with Tata Health for rectification of any errors in the PDF format, Tata Health, although is under no obligation, may on its best effort basis, shall coordinate with the concerned HSP and update the User(s) with the outcome therefrom.


User(s) agree that they shall rely only on the Pdf format of test (s) results shared by concerned HSP. User(s) agree that HSP(s) are alone responsible for any discrepancies in the tests results shared by HSP(s), and further agree to make/report their grievances with reference to any discrepancies in the test(s) reports with the concerned HSP(s).


  1. The test sample collection timings shown on the Platform are indicative and are subject to change depending on availability of the HSP(s).


  1. In the event any collected test sample is not usable, then the test sample will be again drawn without no extra cost to the User(s).


  1. Order for Online Prescription medicine (Pharmacy Services)


  1. Tata Health lists the profile of HSP(s) on its Platform.

  2. User(s) may search the Platform for the prescribed medicines and select the required medicines.

  3. From the results displayed the User(s) may choose the desired HSP(s) from where the User(s) intends to avail the Services.

  4. User(s) are required to provide name, age, gender, email, mobile number and their address and such other details as may be required, for providing the Services.

  5. User(s) are required to make payment as generated based on medicine(s) ordered. Payments can be made through the available payment options.

  6. User(s) will receive the ordered medicines at the address specified by them.


Disclaimers


  1. In the event,

  1. any confirmed order(s) is subsequently cancelled by HSP or

  2. the HSP is not able to deliver or service the order(s)


Although Tata Health is under no obligation to arrange for a fresh order, however, subject to the availability of the concerned HSP/medicines, Tata Health, on its best efforts basis, may arrange for placing a fresh order and arrange for the delivery. In the event fresh order cannot be made, User(s) will be advised to rebook their order(s) through other available HSP(s). In case User(s) has made any advance payment and order has not been confirmed/delivered, Tata Health will arrange the refund to the User(s) account as per the Refund Policy.


  1. In the event,

  1. the User(s) chooses wrong medicine(s) for delivery or

  2. the User(s) gives wrong or unauthorized information.


Tata Health shall not be responsible for any consequences arising therefrom.


  1. In the event, the User(s) misreport their prescription, personal details and information, neither Tata Health nor HSP shall be liable for the consequences arising therefrom.

  2. User(s) acknowledge and agree that the concerned HSP from whom Services are booked/ordered/availed shall alone be liable and responsible for (i) the medicine(s) ordered, wrong delivery of medicines, service related issues, discrepancies (collectively referred to as “HSP services”) and (ii) for medical negligence arising out of such HSP services, User(s) confirm that it shall not make any claim on any other person/party.


  1. The display of any search results on the Platform is on “as is” basis (as per the details made available by the HSPs).


  1. User(s) acknowledges and agrees that Services that Tata Health is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between Tata Health and the User.


  1. Tata Heath is not responsible for any wrong delivery of medicines by the HSP(s). In case of any discrepancies or service related issues, the User(s) are required to address their grievances with the respective third-party HSP.


  1. In force majeure situation if a confirmed order is not delivered, Tata Health’s obligation is limited to arranging the delivery of order at the earliest available time.


  1. Health and Nutritional information (Health Content Services)


  1. Tata Health lists certain generic health and general content on various health subjects and general topics;

  2. This health and general content belong to (a) third-party content writers, (b) Tata Health;

  3. The third-party health content is governed by respective Third-Party Service Providers terms and conditions.


Terms and Conditions for Health Contents by HealthDay


HealthDay Legal Statement


The text, video, and other information (the "Content") provided on the HealthDay Site is for informational purposes only. The Content is not intended to provide or substitute for professional medical advice, diagnosis, or treatment. The Content is not intended to be -- and therefore should not be interpreted as -- recommendation(s) for any specific treatment plan, product, or provider. Use of the HealthDay Site does not create a doctor-patient relationship. Any questions regarding individual medical conditions should be directed to a health care professional. 
 
If you have  any concerns about your health, consult your physician promptly. Never disregard or delay individual medical advice or care because of something you saw or read on this Site. We strive for timeliness and accuracy of all content; however, we cannot guarantee this. The Site and Content are provided "AS IS." Use of the Site and the Content, and reliance on any information obtained, is at your own risk.  


HealthDay websites, including those under the domains healthday.com and physiciansbriefing.com, do not collect any personal information about site visitors.

Information provided by Google Analytics, used to track general information about visitor traffic to HealthDay websites, includes only the Internet Service Provider, browser name, and referring page used by any visitor.


Information about visitors who email technical or editorial questions to HealthDay is retained only as long as is necessary to provide a sufficient reply.  This information is used only by HealthDay and is never sold or compiled and offered to any third party.


The User(s) may personalize the content by choosing their area of interest and customize the feed.


Disclaimers


  1. Relying on any content will be at the sole discretion of the User(s) and subject to the User(s) consultation with their healthcare professionals.


  1. Based on the Health Data and information/logs shared by User(s), Tata Health may recommend some health tips to the User(s). Any tips given by Tata Health to the User(s) are only suggestive and not prescriptive.


  1. Tata Health shall not be liable for any health tips that it may share based on wrong data/information shared by User(s).


  1. Health Fitness services


  1. User(s) may sync their health and fitness data generated from their fitness devices with the Platform. This service is rendered by Third-Party Service Provider(VitaCloud Digital Health Pvt Ltd) and said services are governed by their terms and conditions available at https://vitacloud.io/tnc.html and their privacy policy available at https://vitacloud.io/privacy.html


Disclaimers


  1. Relying on any content/data, whether generated, accessed or otherwise, under health fitness services, will be at the sole discretion of the User(s) and User(s) are advised to consult with their health care professionals for necessary advice.


  1. Based on the health data, information and logs shared by User(s), Tata Health may recommend some Health tips to the User(s). Any tips given by Tata Health to the User(s) are only suggestive and not prescriptive.


  1. Tata Health shall not be liable for any health tips that it may share based on wrong data/information shared by User(s).



  1. Medication Reminders


  1. The Medication reminder module on the Mobile Application allows the User(s) to add reminders from the medical prescriptions advised by their doctors.


  1. The User(s) will get medication reminders which would be offline notifications like alarm reminders.


  1. The User(s) may edit and delete any active reminders.


  1. The User(s) can also track the adherence of their medication reminders and  will also be able to see the detailed view of the current medications and the past medications the User(s) have taken.


Disclaimers


  1. The medication reminders are only supplementary way of reminding you (User(s)) to take medications prescribed by User(s) doctor/health practitioner.


  1. User(s) agree that on receiving the medication reminder they shall refer to their medical prescription and then only take their medication as advised by their doctor/health practitioner.


  1. The medication reminders work only when the User(s) mobile device is in switched on, in working condition and without any internal device issues. User(s) agree that in the event they are unable to receive any medication reminders due to their mobile device not being switched on or not in working condition or facing internal device issues, they shall not make any claim on Tata Health. User(s) are advised to get their mobile device repaired and also get in touch with Tata Health Support team for appropriate guidance and this shall be the sole remedy for the User(s).


  1. Rewards Program


  1. Tata Health hosts various reward programs for the benefit of the User(s) on its own and/or through Third-Party Service Provider(s).


  1. User(s) who wish to redeem the reward point (FitCoins) may read the terms and conditions for each Program.


Disclaimers


  1. If the User(s) redeems the FitCoins for obtaining semi closed loop cards offered by Third Party Service Provider(s) and such redeemed semi closed loop card is not usable, User(s) may contact the Tata Health Support Team (care@tatahealth.com) and provide the required details. Tata Health although under no obligation may on its best effort basis, coordinate with Third Party Service Provider(s) and update the User(s) on the status thereof.


  1. Only health activity data generated from Tata Health Platform will only be considered for calculating reward points.


  1. Rewards points can be redeemed either for Tata Health Services or for semi closed loop cards offered by Third-Party Service Provider on such terms and condition as may be specified or communicated.


  1. If any ordered Tata Health Service through redemption of reward points is cancelled by the User(s), the redeemed points will be reversed to the User(s) account.


  1. If any semi closed loop cards is obtained by the redemption of reward points by the User(s), the same cannot be cancelled by the User(s).


  1. Maximum amount that can be generated by redemption of reward points shall not exceed INR 10,000 (Rs Ten Thousand Only) per annum.


  1. Granting of rewards points is at the sole discretion of Tata Health.


  1. Return/ Refund Policy


  1. For Pharmacy Services


In case of 1MG


  1. Terms of return/refund shall be as per 1MG’s return policy


1MG Technologies Private Limited (“1mg”) team facilitates processing correct medicines as per order and prescription and strives to service the medicines and products in right conditions/ without any damage every time a consumer places an order. We also strongly recommend the items are checked at the time of delivery.


Definition: 'Return' means an action of giving back the product ordered at 1mg portal by the consumer. The following situations may arise which may cause the action of return of product:

Product(s) delivered do not match your order;


Product(s) delivered are past or near to its expiry date (medicines with an expiry date of less than 03 months shall be considered as near expiry);


Product(s) delivered were damaged in transit (do not to accept any product which has a tampered seal).


Note: If the product that you have received is damaged, then do not accept the delivery of that product. If after opening the package you discover that the product is damaged, the same may be returned for a refund. Please note that we cannot promise a replacement for all products as it will depend on the availability of the particular product, in such cases we will offer a refund.


In the aforesaid unlikely situations, if there is something wrong with the order, we'd be happy to assist and resolve your concern. You may raise a Return request with our customer care within 07 (Seven) days from the delivery of the product. 1mg reserves the right to cancel the Return request, if the customer reaches out to 1mg after 7 days of delivery.


Upon receiving your Return/Refund request, 1mg shall verify the authenticity and the nature of the request. If 1mg finds that the request is genuine, it will initiate the Return and Refund process. 1mg shall process the refund only once it has received the confirmation from the vendor concerned in respect of the contents of the product relating to that refund.


In the event of frivolous and unjustified complaints regarding the quality and content of the products, 1mg reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by 1mg in this regard.


The returns are subject to the below conditions:-


Any wrong ordering of product doesn’t qualify for Return;


Batch number of the product being returned should match as mentioned on the invoice;


Return requests arising due to change in prescription do not qualify for Return;


Product being returned should only be in their original manufacturer's packaging i.e. with original price tags, labels, bar-code and invoice; and


Partially consumed strips or products do not qualify for Return, only fully unopened strips or products can be returned.


Category of Non-Returnable Product: Certain categories of products marked as non- returnable on product page, will not qualify for the Return as per 1mg Return policy. The details of the non- returnable products are mentioned below:


Categories

Type of Products

Baby Care

Bottle Nipples, Breast Nipple Care, Breast Pumps, Diapers, Ear Syringes, Nappy, Wet Reminder, Wipes and Wipe Warmers

Food and Nutrition

Health Drinks, Health Supplements

Healthcare Devices

Glucometer Lancet/Strip, Healthcare Devices and Kits, Surgical, Health Monitors

Sexual Wellness

Condoms, Fertility Kit/Supplement, Lubricants, Pregnancy Kits


  1. Return Process:


For Return intimation, please visit www.1mg.com/help or alternatively call us at 0124-4166666 (Open 8 AM - 8 PM from Monday – Saturday and 8 AM - 5 PM on Sunday).


1mg customer care team will verify the claim made by the customer within 72 (seventy-two) business hours from the time of receipt of complaint.


Once the claim is verified as genuine and reasonable, 1mg will initiate the collection of product(s) to be returned.


The customer will be required to pack the product(s) in original manufacturer’s packaging.

Refund will be completed within 30 (thirty) days from date of reverse pick up (if required).


  1. Refund Process:


In all the above cases, if the claim is found to be valid, refund will be made as mentioned below:


Order placed through online wallet will be credited to the wallet; and Order placed through cash on delivery will be refunded through fund transfer to customer bank account.


For more details Please visit www.1mg.com for more details.


In case of Pharmeasy


  1. Terms of return/refund shall be as per Pharmeasy Terms and Conditions & Privacy Policy


Terms and Conditions available at https://pharmeasy.in/terms-and-conditions

Privacy Policy available at https://pharmeasy.in/privacy-policy

For more details visit https://pharmeasy.in/


  1. Payments


  1. Payments towards Services available on the Platform can be made as per the below payment options, (some Services may be available with only one option (either Cash on delivery/collection or online payment) or with both payments options)


  1. Payment Option 1

Cash on collection/Cash on delivery


  1. Payment Option 2

Available Online Payment Mechanisms on the Platform (Like debit cards, credit cards, internet banking, e-wallets etc) through payment gateways and payments are processed as per the terms and conditions of respective payment gateway service provider(s). User(s) are advised to read and understand those terms and proceed with making payment only if such terms and conditions are acceptable to them.


  1. REPRESENTATIONS AND WARRANTIES


  1. User(s) hereby represents and warrants to Tata Health that,


  1. they are competent to contract under Indian Contract Act, 1872,

  2. the Information given by them on this Platform is accurate, true and nothing material is concealed by them,

  3. they are the Legal Guardian of the minor on who’s behalf the User Account is created (applicable only in case of Services being availed for Minors or people suffering from unsound mind),

  4. the Agreement constitutes a valid and binding obligation enforceable against them in accordance with its terms,

  5. the acceptance by him/her, the performance by him/her of the obligations hereunder and compliance by him/her with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter or by-law provision, statute, regulation, judgment, ordinance, decree, writ, injunction or applicable laws,

  6. there are no claims, actions, proceedings, which are initiated, alleged, threatened or pending against him/her which would restrict him/her from accessing and availing any Services on the Platform,

  7. he/she shall comply with all applicable laws,

  8. he/she shall not infringe the Intellectual Property Rights of Tata Health or any Third Party/Parties or Third Party Service Provider(s),

  9. they will not use the User Account for unlawful or unauthorised purposes,

  10. they will not upload any obscene or objectional content on the Platform,

  11. appropriate action can be initiated against them as warranted under the circumstances, for unauthorized use or breach of terms and conditions of the Agreement.


  1. FORCE MAJEURE


  1. Tata Health shall not be liable to the User(s) for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services (a "Force Majeure Event"). Tata Health shall as practicable as possible shall promptly notify the User(s) orally or in writing, as the circumstances warrant, of the cause and the Force Majeure Event and its likely duration.


  1. Termination of User(s) Account


  1. Tata Health reserves its right to terminate/block the User Account,


  1. if User(s) furnishes false information,

  2. posts any objectionable defamatory content,

  3. without assigning any reason, by written notice of 30 (thirty) days,

  4. if User(s) is in breach of its material obligations under this Agreement,

  5. if User(s) frequently cancels the Services or frequently returns the ordered products without any justifiable reasons,

  6. if the User(s) is engaged in any fraudulent transactions/activities,

  7. if the User(s) misuses, abuses, indulges in activities causing service disruptions,

  8. if the User(s) (i) is adjudicated insolvent; (ii) makes a general assignment for the benefit of creditors; or (iii) has a receiver or official liquidator appointed for the whole or any substantial part of its assets and such appointment is not dismissed, reversed, vacated or stayed within 60 (sixty) business days of such appointment,

  9. the termination of User(s) Account shall be without prejudice to any rights which have already accrued to TataHealth.


  1. CONFIDENTIALITY


  1. For purposes of these Terms, "Confidential Information," includes, without limitation, information relating to the materials, trade secrets, intellectual property rights, plans, research strategies, frameworks, know-how, formulae, processes, algorithms, ideas, inventions, innovations, network configurations, system architecture, designs, flow charts, drawings, proprietary information, source code(s), software(s), operational information, business methods, underwriting ideas and information, Personal Health Information research information and data, support information and strategies, client(s) information, business information, sales plans, strategies, product information, operations, finances, plans or opportunities, processes, databases, data structure, screens, reports, data, formats, integration of various methodologies, integration of devices and technologies, the information relating to the Health Platform employees information, financial information, agreements, contractors, customers or suppliers; information that was received from a Third Party under a confidential agreement and all other non-public information, material or data relating to the past, current and /or future business and operations disclosed by Tata Health or made available to User(s), and whether or not such information is marked or otherwise identified as confidential, restricted, secret or proprietary, including information acquired by inspection or oral or visual disclosure; and any other information disclosed under circumstances in which a reasonable person would understand that such information is confidential and proprietary. Without foregoing the above, it is hereby clarified that Confidential Information shall include Personal Information as defined hereinbelow.


  1. If, in connection to the Services, the HCP/HSP, receives, collects or handles any patient data (“Personal Information”), such HCP/HSP undertakes to Tata Health that in such case, it shall not use Personal Information for any purpose other than for providing the Services. HCP/HSP covenants to the Tata Health that Personal Information shall be collected, stored securely and maintained confidentially and it shall comply with all applicable data privacy laws including but not limited to Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, in relation to Personal Information.


  1. HCPs/HSPs shall not disclose Confidential Information to any Third Party/Parties and shall protect Confidential Information in strict confidence.


  1. Confidential Information can only be disclosed if required by an order of court or statutory authority and only to the extent to legally comply with such order of court or statutory authority.


  1. INTELLECTUAL PROPERTY RIGHTS


  1. Tata Health shall own its respective Intellectual Properties, without conferring any interests therein on the User(s)/HCPs/HSPs or Third Party/Parties. Without limiting the generality of the preceding sentence, neither User(s) /HCPs/HSPs nor any Third Party/Parties shall acquire any right, title or interest in Tata Health’s Intellectual Property by virtue of this Agreement or otherwise.


  1. GOVERNING LAW AND JURISDICTION


  1. This Agreement shall be governed and interpreted by and construed in accordance with the laws of India, without giving effect, if applicable, to the principles of conflict of laws, thereof or there under the Courts at Bangalore, India shall have exclusive jurisdiction for adjudicating any matters arising under these Terms.


  1. INDEMNITY


  1. The User(s)/HCPs/HSPs shall indemnify and hold Tata Health, its affiliates and their respective directors, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by Tata Health as a result of (i) breach of any obligations, representations and warranties made by the User(s), (ii) non compliance of applicable laws, (iii) for infringement of Intellectual Property Rights (iv) negligence or wilful breach,


  1. In addition to the above, the HCPs and HSPs shall indemnify and hold Tata Health, its affiliates and their respective directors, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by Tata Health as a result of (i) Damages caused to patient User(s) or any third parties due to the Services of the HCPs and HSPs, and/or (ii) any other patient User(s)/Third Party claim in relation to anything done by the HCPs and HSPs pursuant to the Agreement,


  1. Tata Health shall indemnify and hold the User(s)/HCPs/HSPs, harmless from any against any and all claims as a result of breach of its obligations under the Agreement.


  1. LIMITATION OF LIABILITY


  1. User(s)/HCPs/HSPs acknowledge that Tata Health shall not be liable for indirect or consequential loss or damage, loss of profit, goodwill, business opportunity or anticipated saving arising under or in connection with this Agreement, the use or inability to use the Platform in any manner. Without prejudice, to anything contained herein the maximum liability of Tata Health under any circumstances under this Agreement shall not exceed INR 10,000/- (Indian National Rupees Ten Thousand Only) or the amount paid by User(s)/HSPs/HCPs whichever is lesser.


  1. GENERAL


  1. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to remain in full force and effect.

  2. A failure to exercise or delay in exercising a right or remedy by Tata Health provided for in these Terms or by law does not constitute a waiver of that or any other right or remedy. No single or partial exercise of a right or remedy provided by these Terms or by law shall prevents a further exercise of the right or remedy or the exercise of any other right or remedy.

  3. Except as specifically provided, no person who is not a party to these Terms shall be entitled to enforce any term of it.

  4. Nothing expressed or implied in these Terms is intended or shall be construed to confer upon or give any User(s), any rights or remedies under or by reason of these Terms or any transaction contemplated by these Terms.

  5. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, nor authorize any Party to make or enter into any commitments for or on behalf of any other party.

  6. User(s) are responsible for creating and maintaining their User Account. Tata Health shall not be liable for unauthorized use of the User Account, including but not limited to the misuse, loss, non-availability of User(s) data, the User(s) should secure their credentials safely and prevent from giving/letting unauthorized access.

  7. If the User(s) delete any of their User information, the same may be still available in the backup servers or storage devices/medium/peripherals /copies.

  8. Tata Health shall not be responsible or be liable for any Services rendered by Third Party Service Provider(s) and does not warrant the merchantability or fitness for a particular purpose.

  9. Tata Health does not warrant (i) that the Platform is error/bug/virus free (ii) safety of use of the Platform and Tata Health shall not be liable for any loss or damage caused or suffered by the User(s)/HCPs/HSPs while using the Platform.

  10. Tata Health does not warrant that the Services available through its Platform will be available without any disruption or errors. The availability of the Services on this Platform may be disrupted due to down time, maintenance, updates, bugs/virus or any other system related issues, internet service issues, access related issues, connectivity issues, force majeure situations, non availability of HCPs/HSPs/Third Party Service Provider(s) or for any other reasons beyond the reasonable control of Tata Health and Tata Health hereby disclaims all liability for the losses or damages caused or suffered by User(s)/HCPs/HSPs on this account.

  11. Tata Health shall have no liability (relating to the User(s)/HCPs/HSPs content posted on the Platform) arising under any laws including but not limited to law on intellectual property rights, privacy laws etc.

  12. User(s)/Visitors to this Website are proscribed from the following,

  1. posting any infringing material,

  2. uploading any virus,

  3. furnishing false, obscene, defamatory content, incomplete information and making unsolicited statements,


  1. User(s)/HCPs/HSPs hereby acknowledge and agree that they shall not,


  1. recreate, duplicate, reverse engineer, decompile, recompile, disassemble or otherwise reproduce directly or indirectly, any part or whole of the Platform in or any materials relating thereto,

  2. design around Tata Health’s proprietary projects, materials and products,

  3. use the Tata Health’s Services, Content of the Platform, Confidential Information as a basis upon which to develop or have a Third Party develop a competing or similar product. Further the User(s)/HCPs/HSPs or any Third Party/Parties shall not contact or attempt to contact the Third Party Service Provider(s) on this Platform in any form either to promote its business or lure them to enter into a business relationship with them or with the Tata Health’s competitors’,

  4. copy the content on this Platform,

  5. use any software, tool or engine or any kind of device/mechanism, including but not limited to robots, spiders, artificial intelligence tools/agents to crawl, spy, navigate, to search, scramble, copy, duplicate, steal the Platform or the contents therein,


  1. In case of non-receipt of any sms(es), messages, communications or notices by the User(s), regarding the status of the Services booked/cancelled/ordered/availed, User(s) are advised to contact Tata Health’s Customer Care number and request for the same


  1. Unless otherwise specified herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by personal delivery or post or courier or facsimile or E-mail as mentioned below. Any such notice or other communication will be deemed to be effective if sent by personal delivery, (when delivered), if sent by registered post (ack due) (on actual receipt), and if sent by courier (on actual receipt), and if sent by E-mail, (on receipt of a confirmation to the correct Email id).


Head Customer Care

Address 17/R-18TH Cross Road, sector 3, HSR Layout, Bangalore 560102

Email ID grievance@tatahealth.com


  1. The User(s)/HCPs/HSPs shall not (i) assign its rights and obligations; and/or (ii) sub-contract the performance of its obligations, under this Agreement without the prior written consent of Tata Health.


  1. COLLECTION AND PROCESSING OF INFORMATION


  1. Processing, Disclosure and Sharing of information collected from the User (s)


  1. Tata Health does not disclose or share any information which it collects from users with Third Party/Parties, save and except with User(s) prior consent, in accordance with its Privacy Policy or as per procedure prescribed by law, or in compliance with legal obligations.


  1. Information collected from the User(s)/HCPs/HSPs on the Digital Platform forms an essential part of business structure and may be shared/used as described hereinbelow and User(s) hereby consent to the same:


(i) Third Party Service Provider(s),


Information including but not limited to contact details will be shared with Third Party Service Provider(s), retailers, logistics service providers and other providers for providing the Services for the User(s) pursuant to the User(s) requests, especially while facilitating the Pharmacy and Laboratory Services. Information is likely to be exchanged while fulfilling orders, delivering medicines, etc.


(ii) Analytics Purpose(s),


User(s) Information/data in deidentified form may be used by Tata Health or shared with Third Party(ies) either in India or outside India for Analytical Purposes for improving User(s) experience and User(s) use of the Platform.


(iii) Other Associated Services,


User(s) Information/Data may also be used for providing (a) assistance, (b) effective search results and links (including listings and paid services) and (c) customer experience/service. Tata Health assures that any information exchanged herein shall be in accordance with its Privacy Policy.


(iv) Information required by law,


  1. Tata Health may share the information given by the User(s) if directed by any judicial or a statutory authority or against receipt of judicial or statutory order or to comply with applicable law. Please be assured that no such information will be provided to any Third Party for any commercial purpose in any such way which is contrary to the commitments made under the Privacy Policy.


  1. Information required for investigation,


Tata Health may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms and/or privacy policy, or as otherwise required law.


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