Terms & Conditions
The Terms and Conditions mentioned below apply to the parties - the service providers, and the customers (or patients) that interact with us, the platform/company, through any of the means of communication including a phone call, audio call, video call, WhatsApp chat, message to our phone numbers 8955088217, or email to our ID - email@example.com, or interaction on our website www.ferticare.in (including filling up of forms, submitting personal contact details and problems, selecting services such as appointment booking, taking the second opinion/consultation, speaking with our representatives). The service providers consist of doctors, clinics, hospitals, nurses, medical representatives, staff and stakeholders of pharmacies and diagnostic labs, and the staff team of doctors. The customers constitute all people that interact with the platform and wish to avail of the services listed on our website or explained by our representatives. The platform consists of the representatives, employees, directors, agents, officers, and affiliates working with Heald Technologies Private Limited - a privately held enterprise - having the registered office at 10, No 4, 5th Cross, Venugopal Swamy Layout, Ejipura, Bangalore, Karnataka 560047, and the assets created and owned by them (website, email, phone numbers, as mentioned above, and other intellectual properties). The company reserves the right to make amends to the Terms and Conditions at any time by releasing the new version on the platform. In case any of the parties do not agree to the terms and conditions listed, they should immediately cease the use of the platform.
Services Provided by the Platform
The platform allows only the services that are under the bounds and norms set by ICMR (Indian Council of Medical Research), other medical bodies, and the Indian Constitution. Demand for any services otherwise is strictly illegal and may be reported to the concerned authorities.
- Doctor Consultation - Doctors on our platform facilitate three forms of consultation - 1) Telephonic Consultation, 2) Video Consultation, and 3) In-Clinic or OPD Consultations. We facilitate the doctor's appointment booking based on the doctor selected by the customers.
- Second Opinion - Doctor(s) on our platform provides a written second opinion on the case of the patient when they are provided with the valid test reports and only after the patient has visited another doctor (maybe on our platform or not) in the recent past regarding the same issue.
- Coordination for Infertility procedures at clinics, hospitals - In cases where infertility procedures are advised to the customers by the doctors on our panels, we provide coordination and care to the patients during their treatment journey on a need basis.
- Care and Coordination for couples with infertility - Representative(s) on our platform interact with the couples facing troubles with infertility and try to help them out with their queries on the non-medical issues such as but not limited to the doctors on our platform, their medical experience, customer feedbacks for the doctor, which clinic or hospital is closer to the customers, and what are charges of procedures at different clinics and hospitals.
The platform reserves the right to add or remove any services. The customers must be eligible to use our services. A person is eligible to use the services on our platform if (a) they are more than 21 years of age.
Undertaking by the Customers and the Service Providers
All the customers reaching out to our platform must undertake the following points
- The customers recognize that the platform is not a medical entity and is a mere collaborator that facilitates interaction between the service providers on our platform and the customers. The platform in itself does not have any right or the expertise to guide the customers (patients) on any matters of healthcare or medical advice of any kind. Any of the services provided on the platform may not replace the need for professional medical advice.
- The customers agree that the platform or company shall not be liable in any manner for any advice, suggestion, prescription, drug recommendation, procedures administered, else by any of the service providers on our platform or outside of it. The customers agree and shall not hold the company responsible, under any circumstances, for cases of wrong, incomplete, or misleading advice, or for cases of medical negligence by the doctors on our platform. The customers also acknowledge that the company does not endorse any of the service providers on the platform and merely integrates them for the benefit of the customers and that the customers engage with any of the service providers on the platform at their own will and risk, and shall not hold the company responsible for it.
- The customers recognize and agree that all the information provided to the platform or the service providers on our platform is accurate, true, valid, and complete and that the service providers and the platform are not responsible for verifying the authenticity of them.
- The customers recognize that in cases of the second opinion, the doctors or service providers work with limited information, and hence, under no circumstances, a second opinion provided by the doctors on the platform should not be treated as a replacement to primary consultation (where the patient is examined in person) provided by a medical practitioner whether on our platform or not.
- The customers acknowledge and agree to take Doctor Consultation, fully knowing the fact that the level and sophistication of medical advice administered to them via a Telephonic, Video, or On-Platform consultations, may not be at par to the medical advice provided to them by doctors that physically examine the patients in OPDs or IPDs of the clinics or hospitals.
- The customers and the service providers fully recognize that the company aggregates the service providers and the customers on its platform by doing a preliminary check of their background. Hence, the customers and the service providers will be fully liable for providing accurate, complete, and true details and for verifying it. In no case, shall the Company be responsible for any inaccuracy of information from both the customers or the service providers.
- The eligibility of procedures to be administered to the customers and the consent to be taken for them is determined and taken by the licensed medical practitioners and is not the responsibility of the platform to verify.
- Any service asked for by the customer or provided by the service providers that are illegal or are criminal offenses in India, including but not limited to sex determination and assessment, shall not, under any circumstances be facilitated by the service providers. The platform under no circumstances will be held responsible if any cases of the illegal activity are agreed on or are committed between the customers and the service providers.
- The company, however, shall not be held responsible and shall not be liable to refund the money for any unsatisfactory, failed, inaccurate, medically negligent service provided to the customers by the service providers on our platform. All settlements, relating to such matters, should be settled between the customers and the service providers. The platform shall, however, transfer the amount received from the customer for that service provided by the service provider to the service provider as per the agreed and signed terms and conditions between the company and the service provider.
- The customers and the service providers agree that the information and data shared by them with the platform has been shared voluntarily. The company shall responsibly maintain the data privacy on very strict standards, however, they shall not be held responsible for any loss or theft of data.
Payment Collection, Refunds, and Others
The platform collects revenue or fees from the customers for the services availed by them. The platform at its discretion and at any time may increase or decrease the fees for certain services. The customers may choose to pay through us to the service providers, or directly to the service providers after availing the services. The fees collected from the customers will be released to the partnered service providers, as per the agreed terms and conditions with each specific service provider on the platform. The platform presently charges for doctor consultations, second opinions, fees for procedures done at the doctor’s clinic or hospital, and reserves the right to introduce new services or remove old ones. The platform, presently, does not provide any shipping or logistics support.
The platform uses a third party platform, namely, PayU Payment Gateway for collection of the payment. The platform shall not be responsible for any failed transactions. In such cases, the refund would get initiated, in only those cases where the amount is debited from the customer’s account, under the policy of the payment gateway. In case, the payment is collected by the platform for a service to be delivered in the future to the customer and the service is not provided, the platform shall return in full the amount credited to them for that specific service that was not provided.
The platform recognizes the importance of data privacy for the data collected from the patients or the service providers. The data collected either through an active medium such as direct communication with the party or through passive means such as Google Ads, Facebook Ads, other tracking tools, etc. are preserved and protected with the company at all times. The company, under no circumstances, sells the data collected to any third party. The data of the customers is shared with the relevant service providers on the need-to-know basis and on confirmation given by the customers. The data of the service providers is shared with the customers on the need-to-know basis and based on the agreement with the service providers. The company may collect data including but not limited to the personal contact information, medical case history, test reports, and billing information, on behalf of the service providers or for our records, which are essential for the fulfillment of our service obligations. The platform may obtain certain information from the service providers about the customers and vice-versa for better facilitation or improvement of services. These include but are not limited to feedback about the service providers, feedback about the customers, any further course of action suggested by the doctors to the patients on which the platform can coordinate and facilitate, others. The data of the parties shall remain with the platform unless specifically asked to erase by the parties, in which case, the legal norms of data preserving would be adhered to as mandated by law before erasing the data.
Limitation of Liability
The total liability of the company with the service providers or the customers for the services provided or consumed by the company for any breach of agreement is limited to the value of INR 2000/- [Rupees Two Thousand Only].