Welcome to www.healthsana.com (hereinafter referred to as "the Site"), an online Second Opinion and Medical service provider run by HEALTHSANA MEDICAL SERVICES Pvt Ltd ("HEALTHSANA"). “HEALTHSANA” offers a variety of services and online products enabled by information and communication technology including but not limited to Medical Second Opinion, Video Consulting, Speciality Medical Boards and Patient Relationship Management and other "Services".
Please read these Terms carefully before you start to use our Site. By using this Site you indicate that you understand and accept the Terms and conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please do not access or use this Site or HEALTHSANA's Services. You agree and confirm that the Terms and Conditions may be amended from time to time at the sole discretion of “HEALTHSANA”, without notice. By continuing to use this website, you agree to be bound by the latest version of the terms and conditions.
PLEASE DO NOT USE THE Site or HEALTHSANA's Services for EMERGENCY MEDICAL NEEDS. This Site and HEALTHSANA's Services is not intended to and does not treat any medical emergency and HEALTHSANA is not responsible and liable for any such use. It is specifically informed that in case of a medical emergency, you must immediately contact the emergency medical services in your country and to contact your Personal physician/Nearest hospital.
Accessing Our Site:
To avail the Services offered by “HEALTHSANA”, you are required to register with us by completing the registration process prescribed in the 'Registration' section of the Site. By visiting, accessing or registering on this Site, you have unconditionally accepted to be bound by the terms and conditions mentioned herein. The usage of your membership identity or other numerical code, user id, password or any other relevant information in the process of registration, security process and validation must be treated as confidential and you must not disclose it any third party.
“HEALTHSANA” has the right to discontinue service, or to deny access or to disable any user identification code or password, whether chosen by you or allocated to anyone who violates our policies or the terms and conditions stated herein or for technical reasons, without prior notice or warning.
“HEALTHSANA” reserves the right to refuse to grant you a username that we believe, in our sole discretion, impersonates another person, infringes somebody else's trademark or other intellectual property right, or is offensive, defamatory or otherwise inappropriate.
“HEALTHSANA” requires that to avail Services, you must be over eighteen (18) years of age. By requesting a service on our Site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old. In the case of minors (persons under the age of eighteen -18 - years), a parent or guardian must accept these Terms and Conditions, and monitor all consultations under the offered Services. The parent or guardian assumes full responsibility for ensuring that the information submitted is accurate and true. Such Parent/Guardian shall provide with the necessary authentication as required to confirm the status and shall be solely responsible as the user.
It is a precondition of membership of our Site, that all registration details provided are and remain for the duration of your membership true, accurate, current and complete. As a member, you agree to notify us, by email of any changes to your registration details. By completing and submitting the registration form, you represent that the information provided by you during the registration process and to be subsequently updated is and will be true and nothing had been/will be concealed.
The terms under which you can access our site is set out in this policy and is applicable to all users of, and visitors to and members of our Site. By using the site you provide an informed consent to abide by, all the terms of this policy. Any failure on the compliance with this policy constitutes a material breach of the Terms & conditions based on which your usage of the site is permitted and Healthsana is at liberty to take all actions to restrain usage, remove any posting or uploaded material, to initiate appropriate legal action including for reimbursement of costs arisen out of such breach and other legally required actions.
It is also specifically agreed by you that you shall not do any act that is may impede, disturb, modify any technology used to provide this service, and shall not transmit any harmful files, viruses, trojans, spyware, malware or other software codes that may adversely affect or disrupt the operation of the services. You shall not create a false identity or impersonate for registration and shall not upload or communicate any junk, spam contents, misleading, malicious, or post any false, defamatory, abusive, obscene or threatening message or material.
Use of the Site:
On registration as member you can avail the services provided by the site as per the options available and make the payment of the fee ("Service Fee") for that particular Option as provided therein against each service in the concerned section of the Site. You agree and confirm that the Site may, at its sole discretion, change the Service Fee structure at any time without prior intimation. You specifically agree that you accept and abide by the payment and refund terms of the site listed in the site.
HEALTHSANA may contact you to provide information about our services or other health-related services that may be of interest to you. You understand that the Site does not operate, control or endorse any information, products or services on the Internet in any way except for information/services provided by “HEALTHSANA” on the Site.
You understand that the information, tips, opinion or advice provided on the Site by a general physician/ specialist doctor / health expert/ ("Professional"), are for general information and are not intended to substitute for informed professional medical advice and do not establish a professional-client relationship.
You understand that on the basis of the above that you before acting on any such advice provided by a Professional through the Site, you confirm that the treatment plan recommended is appropriate to you by referring and confirming the same with your personal physician/ medical practitioner and the treating Doctor. No medications or treatments described on this Site should be taken without the prior consultation of your personal physician/ medical practitioner and the treating Doctor. You understand and confirm that reliance on any information or opinion/advice provided by the Professionals on the Site is solely at your own risk. The Opinion provided to you is the opinion of the concerned Professional and not of “HEALTHSANA”. While utmost care is taken to provide correct and up to date information, “HEALTHSANA” does not warrant the accuracy, completeness and timely availability of the information provided on the site and accepts no responsibility or liability for any error or omission or delay in any information provided on the Site.
“HEALTHSANA” may send you messages, information on medical and health-related topics, including links to other related websites. The information contained in these messages may be collected from a variety of sources and may or may not be authored by “HEALTHSANA”. Hence, “HEALTHSANA” makes no warranty with respect to the content of these materials or the information contained therein. Such general messages and communications are solely meant for educational, informational purposes and should not be relied upon as an advice or as a substitute for medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by “HEALTHSANA”. These messages are not a substitute for consulting an appropriate healthcare professional for medical treatment.
You will defend, indemnify, and hold “HEALTHSANA”, its affiliates and their respective officers, directors, employees, agents, licensors, suppliers and any third party providers from and against all claims losses, damages, costs, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your breach or alleged breach of violation of these Terms and conditions
Copyright & Trademarks:
All names /logos, marks, designs, phrases and all related products, service names are trademarks and service marks, either owned by or licensed to use by “HEALTHSANA”. Information, Journals, summaries, products, content and Services mentioned on the Site are the exclusive trademarks or service marks of “HEALTHSANA”. Any reproduction, Communication or usage of such contents requires written permission of Healthsana. Trademarks and service marks of third parties displayed herein are the property of their respective owners. This Site also displays and contains resources and material contributed or licensed by individuals, companies, or organizations that may be protected by Indian and foreign copyright laws. All users are expected to adhere to the terms and conditions proclaimed by the respective copyright holder. Any reproduction, Communication or usage of such contents requires written permission of the copyright owners.
Links to other sites:
As a matter of convenience to the users/members our Site may contain links to other independent websites, which are not in our control. They are provided only for informational purposes and we do not authenticate such sites and any visits to such linked sites are at your sole risk. We do not accept responsibility or liability for any loss, damage or inconvenience incurred by you on such usage of the other sites linked or directed in our site.
“HEALTHSANA” is not subject to USA jurisdiction. However, without being legally obliged to do so, we endeavour to follow The Health Insurance Portability and Accountability Act (HIPAA) guidelines as far as may be suited to our operating conditions and circumstances as we feel that HIPAA offers the most comprehensive patient privacy protection worldwide. HIPAA requires all medical records, individually identifiable health information, whether electronically, on paper, or orally, informed to be kept properly confidential.
HEALTHSANA may use and disclose your medical records for only for the purposes of treatment, payment, health care operations and on legal requirement. Healthsana may also utilize, create and distribute health information on conditions of anonymity by removing all references to individually identifiable elements for development. Any other uses and disclosures will be made only with your written authorization. You may revoke such authorization in writing and we are required to honour and abide by your request, except to the extent that we have already taken actions relying on your authorization.
The nature of service provided by HEALTHSANA is primarily based on the usage of electronic communications to enable the Medical experts, Consultants, Doctors and Specialists at different locations to access Medical reports and information of the patients, so as to enable them to provide better patient care and. The information such as patient medical records, medical images, live two-way audio and video, output material from medical devices and sound and video files and other related information and material may be used for updating, deciphering, diagnosis, treatment, follow-up and/or education.
The Electronic devices and systems used will contain possible network and software security protocols to protect the confidentiality, authenticity, data safety against corruption. However the Primary Responsibility for the patient care and Patient’s medical record should remain with the Patient and his personal doctor/hospital.
The professionals who are providing the services may or may not be affiliated with, employed by HEALTHSANA and it does not make any representations as to the qualifications of the professionals. HEALTHSANA does not endorse or recommend by listing the professionals or firms. The Patient consents that on deciding to avail the services or opinion of any professional or firm, it shall be based on his own independent research and satisfactions of the credentials of the professional.
Disclosure of Risks & Patient’s Informed Consent:
HEALTHSANA services as it is related to the field of medicine and as with any medical procedure, there are certain potential risks associated with it. By choosing to use the same voluntarily, you specifically provide informed consent and agree to abide by these Terms and Conditions including particularly the risks described below. These risks include, but may not be limited to the brief list mentioned hereunder.
The services provided by HEALTHSANA are innovative, good intentioned effort to provide the patients an avenue for best possible medical advice and service by usage of technology thereby bridging the shortcoming in accessibility and quality. You understand that the Doctors and specialists of HEALTHSANA do not have the benefit of any physical examination and resulting diagnosis and hence it is different from the traditional way of practising medicine. Therefore, certain information and facts which may affect the opinion/advice are not in the knowledge domain of the physician, by opting to utilize this service, you acknowledge, consent and agree that you are aware of this limitation and agree to assume the entire risk of this limitation. In order to reduce and obviate the risk of this limitation, the patient is strongly advised and instructed to consult his/her personal physician, treating doctor and share the HEALTHSANA opinion with him/ her.
By consenting to the terms and conditions and proceeding to avail the service of HEALTHSANA, including but not limited to Medical Second Opinion, Video Consulting, Speciality Medical Boards and Patient Relationship Management you acknowledge and agree that the Service and Opinion such provided is not a substitute or alternative for a direct treatment and personal visit to the Doctor/Hospital.
The Opinion/diagnosis provided by HEALTHSANA is provisional and limited. The reports, data, information and particulars provided online may have quality constraints and may be fall short of required information and it may result in
- Seeking further and clear information/reports without which the Consultant/Specialist/Doctor may not be able to fulfill his functions and may refuse to answer the query.
- In cases where the Consultant/Specialist/Doctor is of the opinion that physical examination and direct interaction is necessary to arrive at a fair opinion may refuse to provide opinion.
- The services are totally relied and based on the particulars, reports and information provided by you hence any information revealed to have been false or wrong either inadvertently or purposefully will forthwith render the opinion and all details therein null and void.
- Deficiencies/failures of equipment or unexpected operational exigencies could result in the delay or inability to provide service/opinion.
- On occasions the security protocols could fail and result in causing a breach of privacy of personal medical information;
- On Occasions, access to complete medical records may be limited or unavailable which may result in other judgment errors, adverse drug interactions or allergic reactions or other complications.
- The services should be considered as an advisory nature and needs to be verified and validated by way of personal interaction with the Patient’s personal doctor.
- On Instances some further tests may be required to render a fair opinion and the patient may have to provide the same at the direction of the consulting Specialist/ Consultant/Doctor.
- The services of HEALTHSANA is provided with good intention that the patient may expect anticipated benefits from the use of the Healthsana but that no results can be guaranteed or assured.
- Opinion/s provided has been provided on the basis of particulars, reports information, material and true facts provided by the patient and it will not be and cannot be used as a medico legal document.
- The Services such as Second Opinion is to be used for guidance on the future course of treatment to be finalized in concurrence with the patients personal doctor/hospital and it is not intended and should never be availed to cross check, verify or validate the course of treatment already undergone any such usage will be construed as misuse and the opinion rendered shall be null and void abinitio and such opinions as in the case of all opinions shall not be used for any medico legal purposes.
HEALTHSANA, is endeavoring to use the optimal technology in providing the service and it does not guarantee on accuracy, suitability or completeness of the information contained in the site, assured availability, compatibility of its Site or any content, or its server, and does not assure that it is free of errors or viruses, bugs or Trojans or other disruptive software which is malicious or harmful.
By consenting to use the services of HEALTHSANA you understand consent and agree that “HEALTHSANA”'s total liability in all eventuality shall always be limited to direct, general damages not exceeding the service fee/ consulation fee, paid by you to “HEALTHSANA” towards the concerned service and that “HEALTHSANA” shall not be liable to you for any collateral, indirect, incidental, special, resultant or exemplary damages.
In the event of Termination of usage by HEALTHSANA or by the Patient, we may delete without providing prior notice, your account or any information contained on the Site.
If any of the terms and/or conditions of these Terms should be determined to be illegal, invalid or otherwise unenforceable, it/they shall be severed and deleted from these Terms and all other terms and/or conditions shall remain in full force and continue to be binding and enforceable.
Dispute Resolution, Governing law and jurisdiction:
Any claim, doubt, dispute or differences arising out of, in relation to or connected with this Terms and Conditions and arising out of the usage of Healthsana’s services shall be resolved through Arbitration referred to a sole arbitrator appointed by Healthsana. The Arbitration shall be conducted in Chennai, India and in English Language. Courts in Chennai city shall have exclusive jurisdiction. This Agreement shall be governed by and construed in accordance with the Laws of India, without giving effect to its conflict of laws, provisions or your actual state or country of residence.