Terms for Doctors/ Clinics/ Registered Medical Practitioners/ Hospitals:
- See Payment Terms for Clinic Plans on clause no. 3.10
- See payout terms for the doctors/ RMP (Registered Medical Practitioners) for Telemedicine on clause no. 3.7.4
Terms for End Users:
(AS MENTIONED IN TERMS & CONDITIONS at https://sensoriom.com/terms/)
2.10 PURCHASE PAYMENT POLICY OR BILLING AGREEMENT
You understand that you will be charged a fee for any Healthcare Services and/or Informational Services you receive from a Doctor/ Practitioner.
Please read this Purchase Payment Policy or Billing Agreement (the “Agreement”) carefully. By clicking to accept this Agreement and purchasing a good or service from us on the Sensoriom mobile application or website, you agree to be bound by this Agreement. You should print a copy of this Agreement for your records.
2.10.1 Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Sensoriom may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
2.10.2 It is your responsibility to promptly provide Sensoriom with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Sensoriom does not validate all credit card information required by the Customer’s payment provider to secure payment.
2.10.3 Should you choose to upgrade any of the Services provided, through in-app purchases, payment will be charged to your credit/debit card and net banking through your Google Play Billing account at confirmation of purchase. Subscription renews automatically unless cancelled at least 24 (twenty four) hours prior to the end of the subscription period. Please note all in-app purchases in excess of Rs. 2,000 (Rupees Two thousand) per transaction shall be subject to additional factor authentication as mandated by the Reserve Bank of India.
2.10.4 You must notify Sensoriom about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Sensoriom’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.
2.10.5 In respect of purchases made on the Marketplace, you hereby acknowledge and agree that no refund requests will be entertained in any manner whatsoever and no refunds will be initiated therefor.
2.10.6 For the Audio and Video Tele-consultations over the phone: The fee price is displayed for every practitioner in the Mobile App on the ‘DOCTOR’S LIST/ TELEMEDICINE CHAMBER’ screen. The user should have enough balance in the Sensoriom Wallet to pay for the services and then is able to do teleconsultation with the doctor over the mobile app. The time limitation is 10 minutes for each session, after which the patient may be billed later for the over usage of the teleconsultation with the doctor.
2.10.7 The log details of all the consultations (online or in-patient visits) shall be made solely by the Doctor/ Practitioner under whom the user/ patient is undergoing the treatment. Sensoriom does not maintain telemedicine/ video consultation or in-patient clinic visits to the Doctor/ Practitioner partnered/ collaborated with the Sensoriom platform/ Sensoriom Integrated Practice Network. Sensoriom will not be responsible for any mismatch of information, mistreatment, wrong diagnosis or any other mishap from the doctor’s/ practitioner’s treatment.
2.10.8 The Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers are independent of Sensoriom and are merely using the App and Service as a way to communicate with you. Any increment in the fees from a Doctors/ Practitioners comes from them alone, and not from Sensoriom. Sensoriom will not be held responsible for any increments in the doctor/practitioner fees for any services availed to you/ user.
2.10.9 For our Health Plan Service (Marketplace):
- The price of our health plan services will be set out in the App or on the website at the time of our commitment to provide services. Our prices may change at any time, but price changes will not affect any services that you have already ordered.
- You are responsible for paying the price for our services (“Charges”). Charges exclude GST, where applicable unless otherwise stated.
- We will usually charge or invoice you for services at the time you order them. Any amounts charged or invoiced are due and payable upon our invoice being issued unless otherwise specified in these terms or the App.
- You can pay for services using a credit or debit card, net banking, wallets, and UPI.
- The subscriptions are available within the App are monthly, six monthly or annually (“Subscriptions”), payable up-front in advance. For your convenience, the per-month price may be displayed.
- The Subscription renews automatically unless cancelled at least 24 (twenty four) hours prior to the end of the subscription period. We may suspend our provision of services if you do not pay any of our Charges on time.
- The user/ patient may be asked to sign up a separate legal undertaking document for availing the services of the health plans directly created/served/held/executed by the doctor/practitioner.
2.11 WALLET TERMS
Before you use your Sensoriom Wallet – issued by RazorPay Payment Gateway into Kotak Mahindra Bank, please read these terms & conditions carefully. By using the Sensoriom Wallet, you are
accepting the terms and conditions set out below (“WALLET TERMS”) and will be bound by them. Unless the context requires otherwise the terms defined shall have the same meaning attributed to them herein or in the Sensoriom user terms and conditions:
2.11.1 Sensriom Wallet is a digital wallet extended by Us to the Sensoriom User(s) only to avail any of the Benefits specified to be available to the User under the terms listed here:
- Telemedicine/ video call consultations with the doctors/ practitioners on the Sensoriom Platform or App.
- Purchasing Health Plans at My Care Club in accordance to the additional terms finalized for each plan by the executing doctor/ practitioner.
2.11.2 The Wallet may be reloaded as many number of times within the limits prescribed by Reserve Bank of India (“RBI”) and Razorpay and Kotak Mahindra Bank in its discretion can assign a lower limit and/or frequency of reload as deemed appropriate. However, the wallet holder shall ensure that the total value of reloads during any given month does not exceed Rs.20,000/-.
2.11.3 The said Wallet is valid for use only in India in Indian Rupees and only for purchasing goods and services on Sensoriom website and mobile applications.
2.11.4 The Services or any wallet holder’s Wallet is not transferable.
2.11.5 The amount that can be deposited in the Wallet is governed by policies laid down by RBI.
2.11.6 The Wallet shall be activated subject to the desired amount being loaded on
2.11.7 The Wallet holder or any other person permitted to load the Wallet may credit the Wallet through any of the methods prescribed from time to time (please see Clause 2.11.29).
2.11.8 No cash withdrawal is permissible on the Wallet. Transfer of funds to another wallet or to a bank account are also not permitted.
2.11.9 The Wallet holder is permitted to maintain and operate only one Wallet. Any suspected non-conformity with this requirement shall be just cause for the suspension/ discontinuation of any/all Wallets associated with the wallet holder. Sensoriom may further as per its discretion introduce appropriate controls over the usage of the Wallet.
2.11.10 The wallet holder shall at all times ensure that the Wallet credentials are kept safe and shall under no circumstances whatsoever allow the Wallet to be used by any other individual. The wallet holder shall be responsible for all facilities granted by Kotak Mahindra Bank, Razorpay Payment Gateway, Sensoriom and for all related charges and shall act in good faith in relation to all dealings with the Wallet.
2.11.11 The wallet holder is responsible for the security of the Wallet and shall take all steps towards ensuring the safekeeping thereof. The wallet holder shall not disclose his/her/its password to anyone verbally or in writing nor record it elsewhere.
2.11.12 The wallet holder will be liable for all charges incurred on the Wallet until the Wallet is reported for closure. Sensoriom shall not be liable for any hacking or unauthorized use of the Wallet and it shall be the sole responsibility of the wallet holder to ensure privacy and confidentiality of Wallet details. The wallet holder shall, within 48 hours, intimate to Sensoriom of the occurrence of any fraud by sending email at email@example.com.
2.11.13 In case of any dispute relating to the time of reporting and/ or transaction/s made on the Wallet or any other matter in relation to the said Wallet, Sensoriom shall reserve the right to ascertain the time and/ or the authenticity of the disputed Transaction.
2.11.14 The wallet holder shall inform Sensoriom in writing at firstname.lastname@example.org within 15 days, if any irregularities or discrepancies exist in the Transactions/particulars of the Wallet on any Statement / records that is made available to the wallet holder. If Sensoriom does not receive any information to the contrary within 15 days, it shall assume that the Statement and the transactions are correct.
2.11.15 All records maintained by Sensoriom, in electronic or documentary form of the instructions of the wallet holder and such other details (including but not limited to payments made or received) pursuant to the Terms and conditions herein, shall as against the wallet holder, be deemed to be conclusive evidence of such instructions and such other details.
2.11.16 The wallet holder may only use the Services for Transactions with the approved Sensoriom Services.
2.11.17 The wallet holder must ensure the availability of sufficient funds before executing any transaction from the Wallet.
2.11.18 The wallet holder shall intimate Sensoriom about change in any information, including but not limited to change mobile number, email id, etc. within 1 (one) week along with such proof of change at email@example.com.
2.11.19 The wallet holder agrees to adhere to all applicable laws and all such regulations, guidelines and rules prescribed from time to time by Sensoriom, Razorpay, Kotak Mahindra Bank, RBI and any other regulatory body.
2.11.20 The wallet holder agrees that he will not use the Wallet for payment of any illegal/unlawful/unauthorized purchases/purposes.
2.11.21 The wallet holder understands that the Wallet is issued, loaded, withdrawn, terminated, closed down, suspended by Sensoriom, and shall under no circumstance be liable for the same.
2.11.22 The wallet holder shall indemnify Sensoriom to make good any loss, damage, interest or any other financial charges that Sensoriom may incur and or suffer whether directly or indirectly as a result of the wallet holder committing violations of these terms and conditions.
2.11.23 The wallet holder acknowledges and understands that the Services are linked to internet connection (and in case of Sensoriom mobile application – mobile phone connection) and Sensoriom or Razorpay shall not be responsible for any loss or interruption of the Services.
2.11.24 The wallet holder acknowledge and understand that the information submitted by the wallet holder for availing the Services or information submitted while using the Services may be shared with third parties inter alia, to facilitate the provision of the Services.
2.11.25 Razorpay or Kotak Mahindra Bank through Sensoriom may request the wallet holder to submit additional KYC information/documents as part of ongoing monitoring and due diligence.
2.11.26 The wallet holder understands that the Sensoriom terms and conditions shall be applicable to all transactions made through Sensoriom including wallet transactions. The wallet holder understands and agrees to comply with all Sensoriom terms and conditions.
2.11.27 Sensoriom reserves the right to block any person from making bank transfers if there there are reasonable grounds to believe that the same is not in accordance with applicable law and/or it is suspicious that the customer is misusing or fraudulently transacting. Sensoriom shall report such suspicious activities to the concerned statutory/police departments.
2.11.28 In case of transactions suspected to be of fraudulent nature or upon receipt of any complaints from concerned banks / payment gateways / regulatory authorities, Sensoriom may block the user’s wallet and any amounts contained therein till such time as the enquiry is completed and take appropriate steps thereafter.
2.11.29 You can use multiple funding sources for depositing/loading money in the Wallet. These sources could be but not limited to Credit Cards, Debit Cards, Net Banking, and Transfer from another Wallet subject to the same being allowed for transaction in the Sensoriom app.
2.11.30 Without prejudice to the foregoing, Razorpay and Sensoriom shall be under no liability whatsoever to the wallet holder in respect of any loss or damage arising directly or indirectly out of:
- The refusal to honour or to accept the Wallet;
- The malfunction of any computer/POS terminal;
- Effecting transaction instructions other than by a wallet holder;
- Handing over of the Wallet credentials by the wallet holder;
- The exercise by Sensoriom of its right to demand and procure the surrender of the Wallet prior to the expiry, whether such demand and surrender is made and/ or procured by Sensoriom or by any person or computer terminal.
- The exercise by Razorpay, Kotak Mahindra Bank, Sensoriom of its right to terminate any Wallet;
- Any injury to the credit, character and reputation of the wallet holder alleged to have been caused by the repossession of the Wallet and/ or, any request for its return or the refusal of any merchant establishment to honor or accept the Wallet;
- Any misstatement, misrepresentation, error or omission in any details disclosed by Razorpay or Sensoriom except as otherwise required by law.
- If Sensoriom receives any process, summons, order injunction, execution distrait, levy, lien, information or notice which Sensoriom in good faith believes/ calls into question the wallet holder’s ability, or the ability of someone purporting to be authorized by the wallet holder, to transact on the Wallet, Sensoriom may, at its option and without liability to the wallet holder or such other person, decline to allow the wallet holder to obtain any portion of his funds, or may pay such funds over to an appropriate authority and take any other steps required by applicable law. Sensoriom reserves the right to deduct from the balance available on the Wallet, a service charge and any expenses it incurs, including without limitation legal fees, due to legal action involving the wallet holder’s Wallet;
- In the event a demand or claim for settlement of outstanding dues from the wallet holder is made, either by Razorpay or Sensoriom or any person acting on behalf of Sensroiom, the wallet holder agrees and acknowledges that such demand or claim shall not amount to be an act of defamation or an act prejudicial to or reflecting upon the character of the wallet holder, in any manner. In addition, Sensoriom’s liability shall be limited in accordance with the Sensoriom terms and conditions including any disclaimers or limitation of liability provided therein.
2.11.31 These Terms and Conditions will be governed by and be construed in accordance with the laws of India. All disputes are subject to the exclusive jurisdiction of the Courts in Agra, irrespective of whether any other Court may have concurrent jurisdiction in the matter. The wallet holder shall be liable for all costs associated with resolution of the dispute, legal expenses and decretal amounts with interest, should it become necessary to refer the matter to any agent or where legal resources for enforcement of rights of Sensoriom in this regard.
2.11.32 The Doctors/ Practitioners shall be credited with their fees for Telemedicine/ Video Call Consultation at the end of every month as per the terms in 2.10, 2.12, and 2.13. The payment receipts for the telemedicine/ video call consultations shall be generated by the respective Doctors/ Practitioners within 2 (two) days after the completion of the telemedicine/ video call consultation with the patient. Appropriate Log Details should be maintained by the Doctors/ Practitioners listing all telemedicine/ video call consultations executed through Sensoriom Platform or App. For the purchased health plans created by the executing doctor/ practitioner on the Sensoriom Platform/ App, the additional terms may be posted by the doctor/ practitioner to the patients purchasing the plan through Sensoriom Wallet. Every Telemedicine/ Video call consultations and Health Plan purchased through the Sensriom Wallet is subjected to 20% deduction from the fees listed on the plan (My Care Club) or displayed against the doctor’s/ practitioner’s name on the app (Telemedicine Chamber). The fees of the doctor/ practitioner will be credited to their respective bank accounts through NEFT/ IMPS/ RTGS/ DD/ Cheque or any other payment mode at the end of each month after deducting 20% from the total amount generated.
2.12 CANCELLATION & REFUND POLICY
2.12.1 If you’re on the paid health plan you may cancel your agreement with us and your Subscription within 7 (seven) days of the day on which your Subscription begins (“Cancellation Period”). We will refund your Subscription fee to you within 14 (fourteen) days from the day on which we receive your cancellation notice provided that, if you use the App to receive Clinical Services within the Cancellation Period and you subsequently choose to cancel the Subscription services within the Cancellation Period, we may reduce the amount of any refund (or take payment from you) to recover the cost of any appointments booked with partnered doctors, medical labs, and hospitals via our Clinical Services. These will be priced according to the pay as you go rates published on our website/ app rather than the Subscription fee pro rata to the period of your Subscription period, to reflect reasonable use. We may also charge you for any products you have purchased from us within the Cancellation Period.
2.12.2 If you cancel your Subscription outside of the Cancellation Period for any health plans purchased, NO REFUND will be done to you for the purchased health plan minimum monthly subscription. You can continue to make use of your Subscription for the period for which you are charged.
2.12.3 If you think you’re having technical difficulties or connection issues please ensure you have good WiFi or mobile internet connection before the time of your appointment with the doctor for the online video call consultation/ telemedicine. No refund will be initiated from our end in case of technical issues arising due to poor internet network. However, you can raise a refund complaint at firstname.lastname@example.org, our representative will connect you to the doctor to settle the discrepency.
2.12.4 After the Telemedicine/ Video Call Consultation with the doctor/ practitioner of your choice, both the ends will be asked for the feedback about the Telemedicine/ Video Call Consultation SATISFACTION. The Fees will be deducted from the patient’s wallet, even when the patient is dissatisfied with the video consultation. However, the patient will be able to raise a dispute if there is dissatisfaction regarding the online video call consultation with the doctor at email@example.com or firstname.lastname@example.org. Once the dispute settles down and the doctor agrees to refund the money back to the patient, we can process the refunds to the patient with 7 (Seven) working days. If the patient fails to raise a dispute within 2 (Two) days by sending an email to the above-mentioned addresses, Sensoriom or the concerned doctor will not be liable for the losses incurred due to the patient’s incompliance in reaching us for settling the dispute. The fees can be forfeited and sent off to the doctor due to incompliance of the patient in raising and reporting the dispute with the doctor. There can be various combinations of the feedbacks, which will be interpreted as follows:
126.96.36.199 REFUND REQUEST DENIED AND THE FEES OF THE DOCTOR/ PRACTITIONER DEDUCTED FROM THE SENSORIOM WALLET OF THE PATIENT FOR THESE FEEDBACKS RECEIVED
Patient clicks “YES” for the satisfactory Telemedicine/ Video Call Consultation with the doctor/ practitioner; Doctor/ Practitioner clicks “YES” for the satisfaction on Telemedicine/ Video Call Consultation with the patient
Patient clicks “YES” for the satisfactory Telemedicine/ Video Call Consultation with the doctor/ practitioner; Doctor/ Practitioner clicks “NO” for the satisfaction on Telemedicine/ Video Call Consultation with the patient
188.8.131.52 NO REFUND REQUEST GENERATED AND THE FEES OF THE DOCTOR/ PRACTITIONER NOT DEDUCTED FROM THE SENSORIOM WALLET OF THE PATIENT FOR THESE FEEDBACKS RECEIVED
Patient clicks “NO” for the satisfactory Telemedicine/ Video Call Consultation with the doctor/ practitioner; Doctor/ Practitioner clicks “NO” for the satisfaction on Telemedicine/ Video Call Consultation with the patient
184.108.40.206 REFUND REQUEST AUTO-GENERATED AND THE FEES OF THE DOCTOR/ PRACTITIONER DEDUCTED FROM THE SENSORIOM WALLET OF THE PATIENT FOR THESE FEEDBACKS RECEIVED
Patient clicks “NO” for the satisfactory Telemedicine/ Video Call Consultation with the doctor/ practitioner; Doctor/ Practitioner clicks “YES” for the satisfaction on Telemedicine/ Video Call Consultation with the patient
2.12.5 You may end your agreement with us if:
- Technical or security threats or issues affecting the Infrastructure (Sensoriom Mobile App issues only) may require us to suspend our services in order to ensure they are secure and/or operating optimally. We will minimize these suspensions but are not responsible to refund charges or compensate you if they occur, unless they exceed 30 days in aggregate in any 12 month period, in which event you may cancel your agreement with us. Please check Terms and conditions for more details. In such case, we will refund the total amount of the latest health plan subscription purchased by you, and the amount left unused in your account.
- If you want to cancel your agreement, you must give us notice by sending email to us at email@example.com
2.13 COMPLAINTS AND DISPUTES
What happens if you have a complaint about our services or disagree with us about anything to do with these terms
2.13.1 All complaints and disputes workflows are mentioned in clause 2.12.4 and will be dealth accordingly. You can always give us feedback on our services by calling or emailing us via the details at firstname.lastname@example.org.
2.13.2 If you have a complaint about our services, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this.
2.13.3 If you wish to make a formal complaint about our services, you should do so as soon as possible by calling or emailing us via the details provided in the ‘CONTACT PAGE’ of the website. We may ask you for certain details about you and your complaint in order to address it. Please provide these as soon as you can so that we can resolve your complaint quickly.
2.13.3 Our Practitioners are registered healthcare professionals/ Registered Medical Practitioners (RMP) recognized by the Medical Council of India (MCI) or the respective State Medical Councils (SMC), and we will handle your complaint in an appropriate way, as required to do so by the professional rules that apply to our Practitioners and to our services, and following our complaints procedure.
2.13.4 We will tell you the outcome of our investigation into your complaint and give you the chance to discuss it with us. If we have done something wrong, we will apologize to you.
2.13.5 If any disagreement between you and us arises in connection with these terms, we will attempt to resolve it by discussing it with you.
2.13.6 These terms are governed by the Indian law and the courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of our products and services.