Terms & Conditions

Medanta Group of Hospitals ("Medanta") are offering the facility of online clinical consultation using video conference/ voice calling/ messaging/ offline consulting (via email) ("Services") through its website http://www.medanta.org and/ or telemedicine link and/ or https://www.MedantaeClinic.org and/ or its call centre/ phone/ whatsapp/ email. The following terms and conditions govern all your transactions with respect to the Services including online appointment booking, payment and refunds and/or any and all other transactions through the website or through its authorized third party websites.

The Services provided hereunder do not in any way constitute an invitation or recommendation to avail the Services. The Services shall be provided remotely and are not intended in any way to be a substitute for face to face consultation with a doctor/ physician. Medanta advices the users to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.

1. Consent to Receive Services:

   You hereby consent to be contacted by Medanta/ its doctors/ representatives for the purposes of rendering the Services through any of the available means of communication including but not limited to telephonic and/or electronic communications (including audio, video, SMS, whatspp and written communications) by using the contact information provided to us by you.

   You understand and acknowledge that the Services shall be provided remotely and there shall be no physical examination of the patient. The opinion delivered by the doctor / physician shall solely be based on the verbal communication between the concerned doctor/ physician and the patient and the test reports and other information provided/ uploaded by you/ patient on the website.

   You understand and agree that if a physical examination is critical information for consultation, the doctor may not proceed with the online clinical consultation until a physical examination can be arranged through an in-person consult.

   You hereby agree to provide the doctor/representative rendering the Services with an additional verbal consent “Yes, I consent to avail consultation via telemedicine” and refusal to do the same shall give the doctor/ representative an unfettered right to forthwith terminate the Services. You further agree that the patient shall directly communicate regarding his/ her medical condition with the doctor while availing the Services. However, in the event the patient is unable to communicate effectively with the doctor (due to old age, hearing impairment, technology use etc.) then the patient may, allow his/ her authorized attendant to assist him/ her for the limited purpose of effective flow of information between the doctor and the patient.

   You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured.

   You hereby further consent to the recording, saving and storing of all your information including Personal Information, Sensitive Personal Data or Information, as defined under Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, prescriptions and communications (including audio, video, SMS, whatsapp chats, personal contact information, medical history, and laboratory reports and written communications) provided to us or obtained by the doctors and/ or our representatives during the course of providing the Services (“Medical Records”). All such information shall be treated as confidential information by us, in accordance with our privacy policy and as per applicable laws.

   In addition to the aforesaid, you authorize Medanta to contact you via phone, sms, whatsapp, mail or any other available means of communication, for providing information relating to the Services, patient’s appointments, reminders, follow-up care and/ or dissemination of information regarding availability of new therapies/ programmes at Medanta including medical awareness.

2. Availability, Appointment, Rescheduling and/ or Cancellation:
   • Services shall be available for various specialties and as per the consultation fees as listed in the schedule on the website and/ or shared by Medanta.
   • The Services with respect to a specific doctor/ physician shall be available subject to his/ her availability. Confirmation of your appointment with a specific doctor/ physician, as per his/ her availability, shall be sent to you via whatsapp, SMS and/ or e-mail. Medanta reserves the right to reschedule or cancel an appointment without any prior notice.
   • The consultation time provided to you is indicative and actual consultation time may vary. It is clarified that no complimentary follow-up consultation shall be applicable for “Instant General Physician consultation.
   • Your appointment shall be deemed as cancelled in case of your absence at the appointed time.
3. User Submissions/ Disclosures:
   • You are required to submit/ upload relevant personal and clinical information including Medical Records on the website for seeking appropriate advice related to the condition of the patient. This information shall include patient's details including demographic details like name, age, gender, address, clinical history, investigations results, reports, earlier prescriptions, contact details, card holder's name and other relevant details.
   • You are advised to submit/ upload all relevant, complete and accurate information on the website for availing the Services. If the information provided by you is found to be incomplete/ false/ deceptive/ inaccurate or misleading, Medanta reserves the right to cancel your appointment without assuming any liability whatsoever.
   • You acknowledge and agree that Medanta reserves the right to remove the files/ information/ data uploaded by you after 03 (three) months of your appointment with doctor/ Medanta. Further, the prescription uploaded by Medanta against your appointment may be removed after 06 (six) months of uploading by Medanta.
   • Medanta may use your information/ Medical Records for the purpose of providing the Services including analysis, research, training and disclosure purposes (where required) to its affiliates, agents and government authorities.
   • You shall receive a password from Medanta for the purpose of availing the Services and the said password shall also enable you to access and/or download your Medical Records from the website. You agree to keep the password as confidential and not to share the same with third party. You understand that in case you share/ disclose your password with any third party or allow a third party to link you as a member in his/ her portfolio by sharing the password, then, all your clinical / medical information would be accessible to and could be downloaded by the said third party. Medanta shall not be responsible and/ or liable in any manner in the event of disclosure of your medical/ clinical information in the above circumstances.
   • You also understand that your login credentials must also remain confidential and you should not share/ disclose the same with anyone else. Further, in case you share/disclose your login credentials with any third party, then, all your clinical / medical information would be accessible to and could be downloaded by the said third party. Medanta shall not be responsible and or liable in any manner in the event of disclosure of your medical/ clinical information in the above circumstances.
   • You agree and acknowledge that your Medical Records/ other information shall be maintained/ archived/ preserved and disposed off by Medanta in accordance with its internal preservation and archival of documents policy and applicable laws.
4. Mode of Communication:
   • The Services shall be provided to you via (i) video conferencing, (ii) telephonically, (iii) as an offline review, and (iv) in-person consultation, if applicable. Please ensure that you are equipped with proper video conferencing equipment and internet connectivity while availing the video conferencing services. In case of inadequate video conferencing equipment, technical error or defective internet connectivity your appointment shall be rescheduled or cancelled by Medanta.
   • You understand and acknowledge that the video conferencing services shall be provided remotely therefore there shall be no physical examination, direct access/ contact or face to face consultation with the patient. The opinion delivered by the doctor/ physician during/ post a video conferencing shall solely be based on the verbal communication between the concerned doctor/ physician and the patient and the information provided/ uploaded by you on the website.
   • Always seek the advice of a qualified health practitioner for any questions that you may have regarding a medical condition.
   • Any consultation, advice or prescription given by the health practitioner during the video conference consultation must be clinically correlated with the findings of the physical examination of the Patient.
   • Medanta shall not be liable for misdiagnosis/ faulty judgment/ interpretation error/ perception error resulting from (i) your failure to provide correct and/ or complete clinical information/ history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/ prescription/ diagnosis by you; or (v) failure to follow doctor's advice/ prescription by you.
   • Exclusions:
   • Please note that the Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.
   • No prescriptions shall be provided for 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
5. Cookies:
   • For the purpose of storing your preferences, previous activities, browsing activities, profiling and tracking behavior on this website, Medanta may use "Cookies". Cookies are small data files that a website stores on your web browser. By visiting this website you acknowledge, accept and expressly authorize Medanta for the placement of Cookies on your web browser.
6. Service Fees & Prescription Letter:
   • You may avail the Services subject to payment, in the manner prescribed by Medanta, of applicable consultation fees (“Service Fees”)>. Other than in case of in-person consultation, the prescription letter shall be made available on the website after receipt of the requisite Service Fees from you.
7. Electronic Payments/ Refunds:
   • Medanta offers online mode of payment, hence, you may use internet banking or debit/ credit card for making payment of the Service Fees. You shall be directed to our trusted payment gateway partners once you proceed to make payment of Service Fees.
   • You acknowledge that Medanta never asks for payments into individual account, hence, you shall only use trusted/ authorized payment gateway/ link shared by Medanta through SMS/ email after the appointment is confirmed, to make payment.
   • Medanta shall not be liable in any manner whatsoever, if incorrect or inaccurate credit/ debit card details are provided by you for making the payment of the Service Fees or you use a credit/ debit card which is not lawfully owned by you or if you permit a third party to use your password or other means to access your account.
   • Medanta shall keep the aforesaid information confidential at all times and shall not utilize and share the same with any of the third parties unless it is an authorized third party website and/ or required by law, regulation or court order.
   • Refunds may be made on your request in case (i) an appointment is cancelled either by Medanta and/ or by you; (ii) legible recommendation/ prescription is not made available on the website. Refunds may be processed within 15 working days from the receipt of a request from you.
8. Use of Content; Copyright
   • Medanta owns the website as well as the intellectual property contained thereon including all programs, processes, designs, software, technologies, trademark, trade names, inventions and materials therein and all the services offered by the doctors/physicians or others on the website. If you allow other person to use/ access your debit/ credit card or internet banking account then you will be responsible for any transaction they authorize.
   • You shall not use the content available on the website without the prior written permission of Medanta.
9. Privacy and Security:
   • Medanta uses secure encryption technology to keep your information safe and secured at all times. Medanta is committed towards maintaining the privacy of the information/ Medical Records uploaded by you on the website and complies with the industry standards security safeguards for the purpose of securing the website and the information provided/ uploaded by you.
   • Medanta uses all reasonable endeavors to ensure the integrity of the online payment facility's security. Despite our endeavors, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security.
   • Medanta endeavors to ensure that reasonable degree of care is undertaken during rendering Services. Medanta shall not be liable for breach of confidentiality in the event that patient’s privacy and confidentiality has been compromised by a technology breach or by a person other than medical practitioner.
10. Privacy Policy:
    • Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
      • Contact data (such as your email address and phone number);
      • Demographic data (such as your gender, your date of birth and your pin code);
      • Data regarding your usage of the services and history of the appointments and other transactions made by or with you through the use of Services;
      • Health or medical data (such as your past medical history and conditions, diagnostic reports, prescriptions and medication history)
      • Insurance data (such as your insurance carrier and insurance plan); and
      • Other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters, your work details, your family details)
      • User image in the profile section
    • The information collected from you by Medanta may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules. Personal information is defined under the SPI Rules to mean any information that relates to a natural person, whi ch, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
    • The “sensitive personal data or information” of a person to mean personal information about that person relating to:
      • physical, physiological and mental health condition;
      • medical records and history;
      • biometric information;
      • visitor details as provided at the time of registration or thereafter; and
    • Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as personal information or sensitive personal data or information.
    • All the information provided to us by a User, including sensitive personal information, is voluntary. You understand that Medanta, either itself or with its Partners, may use certain information of yours, which has been designated as ‘sensitive personal data or information’, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non- personally identifiable form for research, statistical analysis and business intelligence purposes, for (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to our Partners. Medanta also reserves the right to use information provided by or about the User for the following purposes:
      • Contacting Users for offering new products or services.
      • Contacting Users for taking product and Service feedback.
      • Analyzing software usage patterns for improving product design and utility.
      • Analyzing anonymized information for commercial use.
11. Indemnity
    • You agree and undertake to indemnify and keep indemnified Medanta, the concerned doctor/ physician and Medanta for any losses, costs, charges and expenses including reasonable attorney fees that the concerned doctor/ physician and Medanta may suffer on account of (a) misdiagnosis/faulty judgment/interpretation error/perception error arising from (i) your failure to provide correct and/ or complete clinical information/ history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/ prescription/ diagnosis by you; or (v) failure to follow doctor's advice/ prescription by you; or (b) incorrect or inaccurate credit/ debit card details provided by you; or (c) using a credit/ debit card which is not lawfully owned by you; or (d) if you permit a third party to use your password or other means to access your account.
12. Disclaimer
    • Medanta provides the Services on "as is" basis and expressly disclaims all representations, warranties or conditions of any kind, either expressed or implied, as to the operation of the website, the information, content, services provided through or in connection with the website or regarding the merchantability or fitness for purpose of the Services.
    • In no event shall Medanta be responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond the control of the management of Medanta.
    • You agree and acknowledge that you are solely responsible for your conduct.
13. Limitation of Liability:
    • In no event shall Medanta be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of Medanta Services.
    • Medanta reserves the right to refuse to offer the Services immediately in case your conduct is deemed by Medanta to be in contravention of applicable acts, laws, rules and regulations or considered to be unethical/ immoral.
14. Modification of Terms and conditions of Service:
    • Medanta may at any time, without any prior notification to you, modify these terms and conditions.
    • Please review the latest version of the terms and conditions before proceeding to avail the Services.
    • If you continue to use the Service, it shall be deemed that you agree to accept and abide by the modified terms and conditions.
15. General Terms and Conditions:
    • Notwithstanding anything herein to the contrary, Medanta shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to Force Majeure (i.e. any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, epidemic, natural disaster, or any other cause beyond its control).
    • These terms and conditions shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts at New Delhi/ Gurgaon.
    • Medanta makes no representations that the Services are appropriate for patients in any other location except India as Medanta operates and controls this website from India.
    • If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law then the said provision will be superseded by a valid, enforceable provision and the remainder of the terms and conditions shall continue in effect.
    • You acknowledge that the relationship created through your use of this website shall be of principal to principal. You shall not represent yourself as a representative, agent or employee of Medanta.
    • You represent and warrant that you are not a minor (i.e. above 18 years of age) and that you are competent and eligible to enter into legally binding agreement. However, the Services for a minor can be availed by his/ her legal guardian provided such services are available with Medanta.

These terms and conditions herein form an agreement. Please read these terms and conditions carefully and if you are not agreeable to any of the terms and conditions, please do not proceed further.

By clicking on "I Agree" and proceeding further you signify that you have read through, understood and accepted the aforementioned terms and conditions of use of Services. You must agree to the above terms and conditions in order to avail the Services through the website.

If you have any queries or need any clarification or assistance, please contact us at: 0124-4855017 or eClinic@medanta.org