TERMS AND CONDITIONS
This agreement outlines the terms and conditions that apply to three different groups of users of the website:
- Medical practitioners
- Healthcare providers/Diagnostic centers associated with us
- Patients and their representatives or affiliates searching for practitioners on the website, and any other users of the website.
This agreement is published in accordance with and governed by Indian law, including the
- Indian Contract Act 1872,
- The Information Technology Act 2000
- The corresponding rules, regulations, guidelines, and clarifications, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules 2011 and the Information Technology (Intermediaries Guidelines) Rules 2011.
- Telemedicine Practice Guidelines, Enabling Registered Medical Practitioners to Provide Healthcare Using Telemedicine, 2020 from MoHFW which constitutes Appendix 5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation, 2002
1.1. The domain name https://www.teleprac.com is an internet-based platform and its mobile application together called (“Website”) or (“Website/App”) is run, owned, operated, and maintained by M/s. TELEPRAC HEALTHCARE PRIVATE LIMITED (hereinafter to be referred as “Company” or “We” or “Our” or “Us”) having registered office at “Dar complex, near CRPF camp, Ward 6, Kulgam, J&K, India-192231, with The Corporate Identity Number of the company as U86201JK2023PTC015082
1.5. The term 'doctor/registered medical practitioner' (RMP) refers to any person who is licensed to practice medicine by the Medical Council of India (MCI) or a State medical council where they received their degree. For example, in Jammu & Kashmir, doctors/RMPs are registered with the J&K Medical Council. We verify and authenticate these registrations with the relevant medical councils using the data provided by RMP.
1.6. The website/app is an internet-based platform that provides telemedicine services (online doctor consultation) and allows for the online purchase of pharmaceutical and personal care products from third-party pharmaceutical companies and distributors. We do not manufacture any products at this time and any claims about the quality of the products should be directed to the manufacturer. However, we carefully select reputable companies to list on our website, giving users a broad range of options to choose from.
2. Creating an account & User eligibility:
2.5. You represent and consent that the information you submit during registration process is factual and accurate and that you will maintain the accuracy of such information. You agree and acknowledge that you would
(i) You agree to create only one account,
(ii) provide accurate and complete information when creating your account and in all your transactions through the website or mobile application,
(iii) promptly update your account information as needed,
(iv) maintain the security of your account by not sharing your password and OTP with others and restricting access to your account and computer, and
(v) accept responsibility for all activities that occur under your account and the risk of unauthorized access.
2.6. Your account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your account. TELEPRAC will not be liable for any loss or damages because of your failure to maintain the confidentiality of your account credentials in whatsoever the case is. By creating this account, you agree to receive transactional and/or promotional communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving notifications/communications from us, you agree to notify us by email or alternatively change your notification setting in your account.
2.8. It is your responsibility to keep your email address up to date on your account setup at our website/App so that we can communicate from time to time with you electronically or as needed.
3.APPOINTMENTS, CANCELLATION & REFUND WITH TELEPRAC
3.1. The TELEPRAC platform allows users to connect with practitioners through various methods, including video, audio, and chat. Users also have the option to book appointments at clinics or hospitals, subject to availability. All the appointments can be made through our website/App.
3.2. Once the User books an appointment, they will get a booking confirmation and invoice. However, TELEPRAC has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. However, if the appointment is cancelled by the doctor, we may provide you reward points which could be used for next purchases.
3.3. As User/patient, it is your responsibility to verify the specialization, experience, and other qualifications of the practitioners you choose to see at TELEPRAC. We cannot be held responsible for any issues related to their practice.
3.4. As User you must understand that following interactions and issues between users and practitioners are not the responsibility of TELEPRAC:
- User interactions with doctor, pharmacy, Lab, clinic, and any associated issues
- The ability or intent of practitioners to fulfil their obligations towards users
- Incorrect medication or treatment, or medical negligence on the part of practitioners
- Inappropriate treatment or difficulties experienced by users due to practitioners' failure to provide agreed upon services
- Any misconduct or inappropriate behaviour by practitioners or their staff"
- Incorrect lab report or prescription delivery from pharmacy.
3.5. If a practitioner you have paid for consultation through our website is unable to meet with you, please contact us at [email protected] within five days of the missed appointment. We will refund the full consultation fee to your original payment method within 5-10 business days. If you do not show up for your appointment without cancelling beforehand, the fee will not be refunded. In addition, Users are not entitled to a refund if a practitioner is unable to meet them at the exact scheduled appointment time and the user is required to wait, regardless of whether the user chooses to wait or not obtain medical services from the practitioner.
4. CONSULTATION WITH TELEPRAC: The Users and Practitioners understand and agree to the following:
4.1. TELEPRAC lists all verified practitioners on its website, and users may search for and choose a practitioner through the options provided on the website/app.
4.2. By using the online consult feature (Video), users understand that practitioners will not be able to conduct a physical examination and may not have or be able to obtain important information that is usually gathered through a physical examination. Users acknowledge and accept the risk of this limitation.
4.3. Practitioners must understand that video calls with patients should be given the same level of attention as in-person sessions and must be conducted with the same level of concentration
4.4. Users agree to use the advice from practitioners on the website in situations that do not require emergency treatment, physical examination, or medical attention, as an addition to ongoing treatment and with access to their medical history and records of physical examination and reports from their local medical practitioner.
4.5. The User understands that Consult is not a replacement for treatment that requires physical examination or immediate consultation. The User also understands that the advice provided by the Practitioner is based on general medical practices in India and is given to the best of the Practitioner's knowledge and ability. Further, The User agrees not to ask the Practitioner for personal advice or information unrelated to a specific disease, medicine, or medical condition
4.6. During and after the consultation, the Practitioner may upload the User's prescription, health records, and recommended diagnostic tests to the User's account on the Website for the User's access. The User may view, download, and order medications or lab tests from the options available at TELEPRAC. However, these services are provided by third parties associated with TELEPRAC, and it is the User's responsibility to coordinate with the pharmacy or lab. If there are any issues with the services provided by the third party, the User can write to [email protected] for assistance. TELEPRAC has no control over the working protocols of these third parties.
4.7. Screen recording and taking screenshots without consent is not allowed on our website. Users may share images or videos of their affected body parts with the Practitioner only if it is necessary for diagnosis and if the User is comfortable with doing so. Users must ensure that all communication and interaction with Practitioners, including the sharing of images or videos, occurs only through the Website. Users should not rely on any external modes of communication for interacting with Practitioners neither should they ask Practitioners for their personal contacts to share such content.
4.8. Users must not try to persuade Practitioners to prescribe drugs (including higher doses) that do not comply with the regulations in the Telemedicine Guidelines. The following drugs are restricted:
- Medication for Medical Termination of Pregnancy (MTP)
- Medicines listed in Schedule X of Drug and Cosmetic Act and Rules, or any Narcotic and Psychotropic substance listed in the Narcotic Drugs and Psychotropic Substances, Act, 1985
4.9. If a Practitioner determines that a restricted drug is necessary for the treatment or management of a disease or condition, the User must visit the Practitioner in person to confirm the need for prescribing such a drug and both should follow the revised guidelines available at Ministry of Health and Family Welfare, Government of India.
Please note: The User agrees and understands that transactions with Practitioners and TELEPRAC/DAR Medicare are subject to Indian law and that any claims, disputes, or differences arising from them will be subject to the jurisdiction provisions in the Terms and Conditions. The User also agrees and understands that the Practitioner is a licensed medical practitioner in India, and it is the User's responsibility to determine their eligibility to consult with Practitioners through the Website.
5. HEALTH RECORDS:
We offer users a free service to manage their healthcare records, including medical history, lab reports, and prescriptions. These reports can be viewed or downloaded at any time by the User. However, TELEPRAC will not be responsible for any discrepancies in the reports and any user who tampers with lab reports or prescriptions may be subject to legal action.
5.1. In order to improve diagnosis and treatment, we provide users with the option to upload their previous medical records via their user profile. Users must exercise caution when uploading these records and should consult with their doctor before doing so for proper diagnosis and avoiding miscommunication/misinterpretation by practitioners.
5.2. Practitioners may also upload reports or add them to the medical history file, which is available for view and download by both users and practitioners.
5.3. Health records generated by Practitioners are provided "as-is," and the Practitioner bear sole responsibility for their accuracy. TELEPRAC does not verify the information in these records and makes no representations regarding their accuracy. If you wish to report any discrepancies or make any changes to the health record, you should contact the relevant Practitioner.
5.4. If the health record is not accessed for a certain period of time; you may be unable to access it due to security reasons. We are not responsible if you are unable to access your health records or if they are delivered late despite our best efforts. You may also lose access to any health records that you personally added to the system if they are not synced with the server.
5.5. We are not responsible or liable for any content, facts, investigations, observations, medical deductions, or language used in your health records. Your Practitioner is solely responsible and liable for your health records and any information provided to us, including but not limited to the content of the records. We reserve the right to remove health records without prior notice if they are found to have been shared incorrectly or inadvertently. Additionally, in the event that a court of law or other jurisdiction requires us to share health records for any reason, we will follow the laws of the relevant jurisdiction.
5.6. You agree and acknowledge that we may need to access your health records in certain situations, such as when there are technical or operational issues with your access or ownership of the records.
5.7. If you have added dependents to your account/user profile and you access their health records, you are considered to be responsible for their health records. You agree that it is your responsibility to obtain the prior consent of your dependents before sharing, uploading, or publishing any sensitive personal information about them. TELEPRAC is not responsible for any claims, disputes, or liabilities that may arise in this regard, and you will indemnify TELEPRAC and its officers against any such claims or liabilities that result from unauthorized use of this information.
5.8. It is your responsibility, both for yourself and for any dependents you have added to your account, to give consent to your doctor/practitioner for transferring your medical history/records to a different practitioner if it is advised for better diagnosis or treatment. TELEPRAC is not responsible for any breaches of information or misunderstandings that may occur between you and your doctor in this regard.
5.9. We use encryption to protect your health records, but we cannot guarantee that unauthorized access will be prevented if you lose your login credentials, or they are compromised. If you become aware of any unauthorized use or access to your account, you should immediately inform us. Please take care to safeguard your login credentials and report any suspected breaches of your account to [email protected]
6.1 As a practitioner, you agree, represent, and warrant that you will use the Services in accordance with applicable law. Any violations of applicable law that result from your use of these Services are your sole responsibility, and TELEPRAC will not be held liable for them.
6.3. You agree to provide complete information in your profile and consent to being listed on TELEPRAC. In case of any discrepancy, we reserve the right to remove your profile at any time without notice.
6.4. It is incumbent on you as a RMP to maintain the following records/ documents for the period as prescribed from time to time:
(i) Records of Telemedicine interaction (e.g., Video call, Phone logs, email records, chat/text record etc.)
(ii) Patient records, reports, documents, images, diagnostics, data etc. (Digital or non-Digital) utilized in the telemedicine consultation should be retained.
(iii) Specifically, a prescription shared with the patient should be maintained.
6.4. TELEPRAC reserves the right to moderate suggestions made by practitioners through feedback and to remove any abusive, inappropriate, or promotional content added to the website. TELEPRAC will not be held liable or responsible for the ranking of practitioners on external websites and search engines.
6.5. TELEPRAC reserves the right to own all practitioner profiles and photographs and to moderate requested changes or updates made by practitioners. However, TELEPRAC reserves the right to independently decide whether to publish or reject these requests. You represent and warrant that you are fully entitled under law to upload any content you upload as part of your profile or while using Our services, and that this content does not breach any third-party rights, including intellectual property rights. If TELEPRAC becomes aware of a breach of this representation, we may modify or delete parts of your profile information at our sole discretion, with or without giving you a notice.
7. MISCONDUCT :
It is specifically noted that in addition to all general requirements under the MCI Act for professional conduct, ethics etc, while using TELEPRAC telemedicine services, all actions that wilfully compromise patient care or privacy and confidentiality, or violate any prevailing law are explicitly not permissible.
Examples of actions that are not permissible include:
(i) RMPs insisting on telemedicine when the patient is willing to travel to a facility and/or requests an in-person consultation
(ii) RMPs misusing patient images and data, particularly private and sensitive information (e.g. uploading explicit pictures of patients on social media)
(iii) RMPs using telemedicine to prescribe medicines from the restricted list
(iv) RMPs soliciting patients for telemedicine through advertisements or inducements
8. REGISTERED MEDICAL PRACTITIONER (RMP’s) UNDERTAKING:
The practitioner must be duly registered, licensed, and qualified to practice medicine/provide healthcare and wellness services in accordance with applicable laws, regulations, and guidelines set by competent authorities. The practitioner must not be part of any arrangement that prohibits him/her from practicing medicine within India. The practitioner must ensure that they follow all applicable laws governing their practice and take utmost care when providing consultations and services.
9. PRODUCTS AND SERVICES:
9.1. The Website is a platform that facilitates, as an intermediary, the online requisition by the user for the services like online consultation, purchase of medicines, diagnostic test booking, personal care, and health related products. The products are made available by third party/ies companies and we have no control over the content, quality, and related product details at all.
9.2. Online consultations: TELEPRAC is facilitating online consultations to provide patients with the option to seek medical advice and treatment. While online consultations can be a convenient and efficient way to receive medical care, it is important to note that TELEPRAC is not responsible for any problems that may arise during the consultation. Patients are encouraged to carefully read and follow any instructions provided by the practitioner, and to disclose all necessary information about their medical history and current condition. It is also patient's responsibility to ensure that they have a stable internet connection and necessary equipment (such as a computer or smartphone with a camera) to participate in the consultation. By facilitating online consultations, TELEPRAC is providing patients with an additional option for seeking medical care, but it is ultimately patient's responsibility to ensure that their needs are met and to seek further treatment if necessary.
9.2. Prescription Drugs: The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a registered medical practitioner/doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”). To purchase Prescription Drugs through the Website, you are required to upload a scanned copy of the valid prescription on the Website or email the same to TELEPRAC. The order would not be processed until we receive a copy of a valid prescription, or unless we get it directly from your doctor after online consultation through our health record facility. We will verify the prescription forwarded by You and in case we observe any discrepancy in the prescription uploaded by You, our pharmacist will contact you and if it’s not resolved, your order will not be processed.
9.3. Technology Platform for Pharmaceutical Products: We facilitate the purchase of drugs and other pharmaceutical products, personal care, nutraceutical products and services which include Over The Counter (OTC) and wellness products offered by third-party companies. We provide Website services like hosting and technology intermediary services to You and persons browsing/ visiting the Website. We have no control over third party user generated contents and/ Pharmaceutical Goods and Services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the third-party companies through the Website shall be the sole responsibility of them not Us. TELEPRAC shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website. We do not take any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with us.
9.4. Substitution of prescribed drugs: You acknowledge and accept that an order for a substitute prescription drug will only be processed if the doctor or registered medical practitioner has specifically authorized the use of an equivalent generic drug in place of the prescription drug, or if the prescription lists only the salt names rather than a specific brand name. If these conditions are not met, we will not be able to dispense a substitute drug.
9.5. Drug Delivery: The Pharmaceutical Drugs and Services shall be delivered by our delivery team or independent contractors. You accept and acknowledges that the courier/ delivery personnel, engaged shall be User Agent of the delivery of the Pharmaceutical Drugs and Services to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.
10. Payment, Fees, and Taxes:
User registration on our website/mobile application and the access to the information and services provided on the Website is/are free. TELEPRAC does not charge any fee for accessing and browsing our services and products. You agree and acknowledge that You shall not hold TELEPRAC responsible for any loss or damage caused to You while using our services, due to any acts or omission on the part of third-party pharmacy supplier, diagnostic center/Clinic and manufacturers which are beyond the control of TELEPRAC.
10.1. The subscription fees/membership fee for the Services, if any charged by TELEPRAC could be paid online through the facility made on the Website. Third parties support (payment gateway) and services are required to process online fee payment. TELEPRAC is not responsible for any loss or damage caused to User/ Third Party Service Providers during this process as these third parties are beyond the control of TELEPRAC. All fees are exclusive of applicable taxes.
10.2. TELEPRAC reserves the right to modify the fee structure for memberships by presenting on the Website which shall be considered as valid and agreed communication.
12. Security Policy:
All your transactions done via our website www.teleprac.com are secure. The payment gateway(s) we use is/are one of the trusted way of payments in the country. Your personal information is encrypted by using Secure Sockets Layer (SSL) encryption technology, which ensures the privacy and security of your data.
13. Return, Refund, Cancellation and Shipping charges:
14. Limitation of liability:
In no event, our aggregate liability, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when a contract for the sale of Product or Services by Us to You was formed. The total aggregate liability of the Protected Entities (including TELEPRAC or any of its directors, officers, employees, agents or content or service providers ) to a User for all damages, losses, and causes of action arising from this Agreement or a User's use of the Website or the Services shall not exceed INR 1000 in the aggregate. The Protected Entities shall not be liable for any damages or losses resulting from:
- The provision or failure to provide any service by Practitioners to End-Users contacted or managed through the Website
- Any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Website
- Any unauthorized access to or alteration of transmissions or data
- Any other matter related to the Website or the Service
15. Retention of Information and License:
TELEPRAC may retain information collected from Users through its Website or Services for as long as necessary, based on the type of information, the purpose and methods of use, and the requirements of the SPI Rules. Computer/web server logs may be preserved for as long as deemed necessary for administrative purposes. Unless otherwise stated, TELEPRAC owns the intellectual property rights for all material on TELEPRAC. All intellectual property rights are reserved. You must not: It is not permitted to republish material from TELEPRAC, sell or rent material from TELEPRAC, reproduce, duplicate, or copy material from TELEPRAC, or redistribute content from TELEPRAC. Some areas of the website allow users to post and exchange opinions and information. TELEPRAC does not pre-screen, edit, publish, or review comments before they appear on the website. The views and opinions expressed in comments do not reflect those of TELEPRAC, but rather belong to the individuals who post them. To the extent permitted by applicable laws, TELEPRAC shall not be held responsible for comments or any liabilities, damages, or expenses resulting from the use, posting, or appearance of comments on the website. TELEPRAC reserves the right to monitor all comments and remove any that are deemed inappropriate, offensive, or in violation of these terms and conditions
16. Hyperlinking to our Content: The following organizations may link to our website without prior written approval: Government agencies; Search engines; News organizations; Online directory distributors may link to our website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
16.1 iFrames: Without obtaining prior approval and written permission, you are not allowed to create frames around our webpages that alter the visual presentation or appearance of our website in any way
16.2 Reservation of Rights: We reserve the right to request that you remove all links or a specific link to our website. You agree to immediately remove all links upon request. We also reserve the right to modify these terms and conditions and our linking policy at any time. By continuing to link to our website, you agree to be bound by and follow these linking terms and conditions
16.3 Removal of links from our website: If you come across any link on our website that you find offensive, you are welcome to contact us to let us know. We will consider requests to remove links, but we are not obligated to do so and may not respond to your request directly
(i) Belongs to another person and to which the Covenanter has no rights
(ii) Is grossly harmful, insulting, or harassing based on gender, religion, regionalism, blasphemy, defamation, obscenity, pornography, pedophilia, libel, invasion of privacy, racial or ethnic bigotry, gambling, or contrary to laws in force
(iii) Impersonates another person
(iv) Infringes any patent, trademark, copyright, or other proprietary rights
(v) Violates any law
(vi) Is harmful to children
(vii) Contains viruses or other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer resource
(viii) Is prohibited under applicable laws, including the Drugs Act and Rules, the Drugs and Magic Act, the Indian Penal Code, and related laws
(ix) Is patently false and untrue, and is written or published with the intent to mislead or harass a person, entity, or agency for financial gain or to cause injury to any person
(x) Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or incites the commission of any offense or hinders the investigation of any offense, or insults any other nation
Covenanters should also refrain from:
(i) Violating or attempting to violate the integrity or security of the Website or any of TELEPRAC's Content
(ii) Transmitting information (including job posts, messages, and hyperlinks) on or through the website that is disruptive or competitive to the provision of Services by TELEPRAC
(iii) Intentionally submitting incomplete, false, or inaccurate information to the Website
(iv) Making unsolicited communications to other Covenanters
(v) Using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Website
(vi) Deciphering, decompiling, disassembling, or reverse engineering any part of the TELEPRAC concept/Website
(vii) Copying or duplicating in any manner any of the TELEPRAC's Content or other information available from the Website.
(viii) Framing or hotlinking or deep linking any of the TELEPRAC Content
17.1 Intellectual property rights:
All intellectual property used on our website, except for those that have been identified as the intellectual property of third parties (who we have also acknowledged in our acknowledgement section), shall remain the exclusive property of the Company. Third parties agree not to bypass, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any materials or enforce limitations on the use of the Website or the materials therein. The materials on the Website or elsewhere may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means.
17.2 Indemnity: The Covenanters agree to defend, indemnify, and hold harmless to TELEPRAC, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and their respective directors, officers, and employees, from and against any and all claims, losses, liabilities, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to:
- Covenanters' access to or use of the Website
- Covenanters' violation of the rights of another person or entity, including infringement of their intellectual property rights
- Covenanters' conduct in connection with the Website
TELEPRAC reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. The Covenanters agree that TELEPRAC will not be liable for any modification, suspension, or discontinuance of the Website or any other part thereof
18. Disclaimer: Please note that our website and the information provided on it are provided "as is" without any warranties, representations, or conditions of any kind. While we strive to provide accurate and up-to-date information, we cannot guarantee that the website will be error-free or that it will always be available. In no event will we be liable for any damages of any kind arising from the use of this website.
Online consultation should not be used in emergencies or for serious illnesses that require physical examination and consultation. If a Practitioner recommends an in-person consultation and physical examination, it is the User's responsibility to follow this advice and book an appointment with the Practitioner or another medical professional. If the User fails to do so and their condition worsens, TELEPRAC will not be held liable. Video consultation is intended to provide additional consultation options for Users, but it should not be used as a replacement for in-person consultation with a medical professional
20. Grievance Officer: If you experience any issues or harm as a result of access or usage of our website by any person in violation of Rule 3 of the IG Rules, please file a grievance with the appropriate grievance officer listed as follows:
Mr. Uzair Ismail,
H.O: Dar Complex, near Ghanta Ghar, Wanpoh Road Kulgam, J&K-India 192231. Email: [email protected]
Timing: Monday to Saturday between 9am and 7pm except public holidays.
Thank you for choosing TELEPRAC… Healthcare | Anytime | Anywhere
We wish you a healthy life.