At Sensoriom or Kiara Caresworth Private Limited, our mission is to make healthcare better and simpler for everyone. Above all, we’re committed to providing you with the highest quality care.
Kiara Caresworth Private Limited, on behalf of itself and its affiliates/group companies under the brand “Sensoriom” or “VitalXHealth” (“Sensoriom”), or (“The Company”) is the author and publisher of the internet resource www.sensoriom.com and the mobile application ‘Sensoriom’ (together, “Website”, “Web Panels” or “Mobile Application”). Sensoriom owns and operates the services provided through the Website, Web Panels or Mobile Application.
Your access to use of the Website and the Services will be solely at the discretion of Sensoriom. The Agreement applies to you whether you are-
1- “We,” “us,” “our”, “the company” and “Sensoriom” means Sensoriom or VitalXHealth or Kiara Caresworth Private Limited.
2- The use of “Practitioner(s),”” Doctor(s)”, ” Registered Medical Practitioner(s) or RMP(s)”, “Clinics” “partnered doctors, medical labs, clinics, and hospitals,” “Network doctors, labs, and hospitals,” and “our healthcare associates” means the qualified doctors, medical specialists, General Practitioners, Registered Medical Practitioners or RMP’s, and hospitals or clinics which are collaborated or partnered with Sensoriom or VitalXHealth or Kiara Caresworth Private Limited to deliver quality healthcare services to you.
3- A patient, his/her representatives or affiliates, searching for Practitioners through the Website or mobile app (“End-User”, “you” or “User” or “Patient”);or
4- “You” or “your” shall mean all individuals or entities accessing the Sensoriom or VitalXHealth Platform/ Mobile Application (defined below).
5- “Clinical Services” mean the services which Sensoriom Platform delivers to the users/ patients/ customers by offering any services through “Practitioner(s),”” Doctor(s)”, ” Registered Medical Practitioner(s) or RMP(s)”, “partnered doctors, medical labs, clinics, and hospitals.
6- The use of “Sensoriom Platform,” “Mobile App,” and “App” mean the Healthcare Mobile Application created and developed by Sensoriom or VitalXHealth or Kiara Caresworth Private Limited; and also refers to the “Practitioner(s),”” Doctor(s)”, ” Registered Medical Practitioner(s) or RMP(s)”, “partnered doctors, medical labs, clinics, and hospitals being a part of “Sensoriom Integrated Practice Network or SIPN”.
7- “Electronic Health Records” or “Electronic Medical Records” mean the storage of
- “Biographical and Demographic information”, including Name, Age, Date of Birth, Gender, Phone Number, Email ID, Location, Address, Blood Group and Family Contact Details.
- “Sensitive Personal Data”, including the end user’s (patient’s) health history, comorbidities, complaints, allergies, anthropometric data, vital records, lab test results, diagnostic procedure results, diagnosis and medications. Sensoriom also provides the ability for your Healthcare Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers to add notes or prescriptions to your Electronic Health Record. Any information provided as part of a video, telephone, secure chat session and/or email consultation becomes part of your Electronic Health Record. At any point you can update your Personal Information, but we will keep a record of those changes which will be shared with Healthcare Worker/ Care Manager/ Care Assistant/ POC Manager/ Accounts Section/ Admin of Sensoriom and Kiara Caresworth Private Limited.
- “Implied Consent” of the patient to share the data before, during and after the teleconsultation/telemedicine/telehealth/chat/message/phone call or in-person visit with the Doctor/ RMP (Registered Medical Practitioner)/ Practitioner/ GP.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at email@example.com.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or the mobile app to avail of any Services.
These terms also cover the related websites as set out below (“Website”): sensoriom.com/terms/
1.3 CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website or app in any manner. By registering, visiting and using the Website or app or accepting this Agreement, you represent and warrant to Sensoriom that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website or app and the Services available through the Website or app, and agree to and abide by this Agreement.
1.4.1 You agree to indemnify and hold Sensoriom/ Kiara Caresworth Private Limited (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Sensoriom or VitalXHealth/ Kiara Caresworth Private Limited Platform, Healthcare Services and/or Informational Services obtained through your use of the Sensoriom or VitalXHealth/ Kiara Caresworth Private Limited Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Physicians and/or Authorized Non-Physician Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers, other Users, any person on whose behalf you request Healthcare Services and/or Informational Services, and/or referred friends. Through the Sensoriom or VitalXHealth/ Kiara Caresworth Private Limited Platform, you may use certain services that are not provided by Sensoriom/ Kiara Caresworth Private Limited and that we identify to you for your convenience, e.g., e-prescription or delivery services. To the extent that a service is not provided by Sensoriom or VitalXHealth/ Kiara Caresworth Private Limited, you acknowledge and agree that you will be contracting with the service provider/ doctor/ practitioner/ RMP and not Sensoriom/ Kiara Caresworth Private Limited.
1.4.2 We offer an online communication platform for Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers and their patients/ users to connect via the app through the use of synchronous and asynchronous telecommunications technologies. The App facilitates communication between patients and Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers.
1.4.3 Sensoriom does not provide medical advice or care. Sensoriom collaborates with Sensoriom Integrated Practice Network, an independent medical network of Indian Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers who provide clinical telehealth services. Sensoriom Integrated Practice Network Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers deliver clinical services via the Sensoriom platform to their patients. Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers are and are not contracted or employed by Sensoriom. The Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers, and not Sensoriom, are responsible for the quality and appropriateness of the care they render to you.
1.4.4 The Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers are independent of Sensoriom and are merely using the App/ Web Panels as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Sensoriom or VitalXHealth. Your interactions with the Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician/ family doctor. Neither Sensoriom, nor any of its subsidiaries or affiliates or any third party who may promote the App or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the App. Sensoriom does not recommend or endorse any specific Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers or information delivered by the Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers via the App or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
1.4.5 Sensoriom does not make any representations or warranties about the training or skill of any Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers who deliver services via the App or Service. You will be provided with available Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers based solely on the information you submit to the App. You are ultimately responsible for choosing your particular Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers.
The terms in this Clause 2 are applicable only to Users other than Registered Medical Practitioners/ Practitioners/ Doctors/ Healthcare workers/ Hospitals/ Clinics/ Medical Labs/ Diagnostic Centers.
2.1 END-USER LICENCE AGREEMENT, USER ACCOUNT AND DATA PRIVACY
2.1.2 Sensoriom may by its Services, collect information relating to the devices through which you access the Website or mobile app, and anonymous data of your usage. The collected information will be used only for improving the quality of Sensoriom’s services and to build new services.
2.1.3 The mobile app allows Sensoriom to have access to registered Users’ personal email or phone number, for communication purposes so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
- On Registration and the first use of Our Apps and Websites, we ask for certain “Personal Data” including biographical and demographic information such as; name, email, contact numbers, address, date of birth, gender, and location.
- We may also ask for “Sensitive Personal Data” including your Health History, your Presenting Complaint which we will store for you in your ‘Patient Portal’ to retrieve your health records by your doctor for a Consultation. Optionally you may also share and/or store with us Medications and Allergies and your Patient Information (Personal Health History) in your personal Electronic Health Record. BY ACCESSING OR USING THIS WEBSITE OR MOBILE APP [sensoriom.com], YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO DISCLOSE YOUR HEALTH DATA, YOU MAY NOT ACCESS OR USE THE WEBSITE/MOBILE APP” [sensoriom.com].
- The type of information collected from Users, including sensitive personal data or information;
- The purpose means and modes of usage of such information;
- How and to whom Sensoriom will disclose such information; and,
- Other information mandated by the SPI Rules.
- the fact that certain information is being collected;
- the purpose for which the information is being collected;
- the intended recipients of the information;
- the nature of collection and retention of the information; and
- the name and address of the clinic that is collecting the information and the clinic that will retain the information; and
- the various rights available to such Users in respect of such information.
2.1.6 Sensoriom shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Sensoriom or to any other person acting on behalf of Sensoriom.
2.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website or on the Mobile Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Sensoriom of any actual or suspected unauthorized use of the User’s account or password. Although Sensoriom will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sensoriom or such other parties as the case may be, due to any unauthorized use of your account.
2.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sensoriom has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sensoriom has the right to discontinue the Services to the User at its sole discretion.
2.1.9 Sensoriom may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
2.1.10 Against most clinics and hospitals listed in the Sensoriom mobile application, you may see a ‘show number’ ‘Call Clinic’ option. When you choose this option, you choose to call the number at your own expenses. Sensoriom may choose to not use this facility due to any issues pertaining to the up-gradation of the system. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Sensoriom reserves the right to not provide the Services for which such personal information is sought.
2.2 RELEVANCE ALGORITHM
Sensoriom’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile, and information regarding their Practice on the Sensroiom mobile app. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Sensoriom. Sensoriom will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. Sensoriom in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the mobile application.
2.3 LISTING CONTENT AND DISSEMINATING INFORMATION
2.3.1 Sensoriom collects, directly or indirectly, and displays on the mobile application, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Sensoriom takes no responsibility for the accuracy of such information as it is directly updated by the Practitioners from time to time. Although Sensoriom screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
2.3.2 The Services provided by Sensoriom or any of its licensors or service Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Sensoriom does not provide or make any representation, warranty or guarantee, express or implied about the mobile app or the Services. Sensoriom does not guarantee the accuracy or completeness of any content or information provided by Users on the mobile app. To the fullest extent permitted by law, Sensoriom disclaims all liability arising out of the User’s use or reliance upon the mobile app, the Services, representations and warranties made by other Users, the content or information provided by the Users on the mobile app, or any opinion or suggestion given or expressed by Sensoriom or any User in relation to any User or services provided by such User.
2.3.3 The Website or the mobile app may be linked to the website of third parties, affiliates and business partners. Sensoriom has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites, or made available by/through our Website or the mobile app. The inclusion of any link on the Website does not imply that Sensoriom endorses the linked site. Users may use the links and these services at User’s own risk.
2.3.4 Sensoriom assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the mobile app, or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website or the mobile app, the User’s sole remedy is to discontinue using the Website and the mobile app.
2.3.5 If Sensoriom determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Sensoriom reserves the right to immediately suspend your access to the Website or the mobile app or any of your accounts with Sensoriom and makes such declaration on the website alongside your name/your clinic’s name as determined by Sensoriom for the protection of its business and in the interests of Users. You shall be liable to indemnify Sensoriom for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Sensoriom or its Users.
2.3.6 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website or mobile application (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Sensoriom and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
2.3.7 It is hereby expressly clarified that, the Information that you obtain or receive from Sensoriom, and its employees, contractors, partners, sponsors, advertisers, franchisees, affiliates, licensors or otherwise on the Website and the mobile application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
2.3.8 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.
2.4 BOOKING CLINIC APPOINTMENT AND VIDEO CALL OR TELEMEDICINE FACILITY
Sensoriom enables Users or Patients to connect with the Doctor(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) through three methods: a) Booking an appointment of the clinic for in-patient visit through the mobile app; b) Telemedicine/ TeleHealth/ TeleConsultation/ Video call added telephonic services which connect Users directly to the Doctor(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) through a button on the mobile app for a rich 10-minute audio-video call; c) Asking any health-related question from the Doctor(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) of patient’s choice through two way communication module called- “Ask a Doctor”.
2.4.1 Sensoriom does not ensure Users are provided a confirmed appointment on the Book facility and has no liability if such an appointment is later canceled by the Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s), or the same Practitioner is not available for the booked appointment.
2.4.3 The results of any search Users perform on the mobile application for Practitioners should not be construed as an endorsement by Sensoriom of any such particular Doctor(s)/ Practitioner(s)/ Clinic(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s). If the User decides to engage with a Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) to seek medical services, the User shall be doing so at his/her own risk.
2.4.4 Without prejudice to the generality of the above, Sensoriom is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s). User understands and agrees that Sensoriom will not be liable for:
- User interactions and associated issues User has with the Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s);
- The ability or intent of the Doctor(s)/ Practitioner(s)/ Clinic(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) or the lack of it, in fulfilling their obligations towards Users;
- Any wrong medication or quality of treatment being given by the Doctor(s)/ Practitioner(s)/ Clinic(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s), or any medical negligence on part of the Practitioner(s);
- Inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) to provide agreed Services;
- Any misconduct or inappropriate behaviour by the Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) or their staff;
- Cancellation or no show by the Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) or rescheduling of booked appointment or any variation in the fees charged.
2.4.5 As with any medical procedure, there are potential risks associated with the use of telemedicine. Facility believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
- Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment which may include poor video and data quality.
a. Security protocols could fail, causing a breach of privacy of personal medical information.
b. Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
c. You understand that telemedicine may involve electronic communication of your personal medical information to medical practitioners who may be located in other areas, including out of state.
d. You understand that you may expect the anticipated benefits from the use of telemedicine, but that no results can be guaranteed or assured.
e. You understand that all information will be part of your medical record and available to you by printing the summary from the visit. This information will have the same restrictions on dissemination without your consent.
- You agree to contact your treating doctor/ Clinic(s)/ physician/ practitioner immediately should your condition change or your symptoms worsen in person at the clinic or in the hospital. If you require urgent or emergency care, you should contact your local emergency services immediately and should not rely on the mobile application.
2.4.6 Users can book an instant video call consultation (Telemedicine/ TeleHealth) with the Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) of their choice. To use the video call consultation on the Sensoriom mobile app, you’re bound to follow the instructions as:
- Only those Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) are available for the video consultation who have chosen to be online at that particular moment. Sensoriom has no control over the ‘Non Availability’ of the Doctor(s)/ Clinic(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) at any time throughout the day.
- To request for a quick video call consultation from the Doctor(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s), the User must fill in the “Video Call Request Form” on the app. The User is required to fill in all the medical details including the declaration of any current treatment, presenting complaints and allergies. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
- The Doctor(s)/ Practitioner(s)/ Registered Medical Practitioner(s) or RMP(s)/ GP(s) is allowed five minutes to respond to your video call consultation request. If the practitioner denies your request, you are free to choose any other practitioner of your choice. If the doctor/ practitioner accepts your video call consultation request, you can immediately connect the practitioner through the ‘CALL NOW’ button on your screen.
- The video call consultation lasts for 10-minutes or until the doctor/ practitioner and user ends the call on their own. Each 10-minute video calling session will be considered as one video call and will consequently be charged as per the doctor’s/ practitioner’s fees as indicated next to the doctor’s/ practitioners’ profile before making the video call consultation request. Any further video call consultation request will be considered as the next chargeable virtual visit video call consultation request.
- The fees for the video call consultation with the doctor/ practitioner will be charged automatically as soon as the video call ends from both the sides (user and practitioner).
2.4.7 We DO NOT record your video call consultations with us. Recording private doctor-patient conversation can cause much harm than good.
2.4.8 If you’ve been unable to complete your video call consultation with the chosen Practitioner due to any reason, and got yourself billed towards the practitioner’s fees, you may write to firstname.lastname@example.org detailing all the issues. Our representative will call you within two working days to settle the dispute with the doctor. If you feel you have been cheated by false transactions or bills, please send an email at email@example.com with all the details. We will get back to you as soon as possible (generally within 4 hours). For details on REFUND POLICY, please check the clause 2.12.
2.4.9 Ask a Doctor is a simple two-way ‘Q&A Platform’ communication module to facilitate interaction between the User/ Patient and the Doctor/ Practitioner. The user is bound to follow the instructions as:
- The user can choose any Doctor/ Practitioner from the Sensoriom Integrated Practice Network (SIPN) and ask questions related to their health issues. This is sent as an email to the doctor.
- The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for the emergency situations.
- It solely depends upon the doctor to reply to your query, Sensoriom holds no responsibility if the practitioner doesn’t wishes to reply to the question or the email gets undelivered to any sides.
- Sensoriom merely facilitates the interaction between users/customers/patients and partnered doctors / practitioners through Sensoriom Platform.
- The SIPN doctors/ cinics/ practitioners or the healthcare associates shall be solely responsible for any kind of medical negligence, criminal negligence or damage to the user that arises during or after the treatment from the patient using the Sensoriom Platform. Sensoriom or Kiara Caresworth Private Limited holds no responsibility in negligence caused by SIPN doctors/ clinics/ practitioners or hospitals. No indemnity insurance or monetary assistance is provided from Sensoriom or VitalXHealth or Kiara Caresworth Private Limited to any doctor/ clinic/ practitioner or any other healthcare associates.
- Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
- It is expressly clarified that no doctor-patient relationship is established between the Querist/ User and the Doctor/ Practitioner, in any manner whatsoever, by indulging in this Q&A.
- The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted by the user. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice.
- The Doctor/ Practitioner shall not share their personal, religious and/or moral views with the Querist/ User while issuing their response.
- The Doctor/ Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information (health education or counseling) and not a consultation/ medical advice.
- The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content.
2.5 SELF MONITORING HEALTH RECORDS AND MONITORING
Sensorium provides the ‘Monitoring module’ as “ADD NEW RECORDS” and “ANALYSIS” where the users can keep a log of their healthcare data, mainly the Vital Paramaters. Sensoriom may provide End-Users/ Patients with a free facility known as ‘Health Records’ on its mobile application ‘Sensoriom’. Information available in your Records is of two types:
- User-created: Information uploaded by you or information generated during your interaction with Sensoriom ecosystem, eg: self-monitoring of your vital parameters, requesting the Sensoriom associate or Care Coach or Care Manager or Care Assistant to upload and update the health data provided or sent by you to the destined Sensoriom email at firstname.lastname@example.org.
- Practice-created: Health Records generated by your interaction with a Doctor/ Clinic/ Practitioner or Care Coach or Care Manager or Care Assistant or any other contractor or partner or associate of Sensoriom who uses ‘Sensoriom Smart Clinic’ or other Services of Sensoriom software.
2.5.1 Your Records are only created after you have signed up and explicitly accepted these Terms by signing up the app or registering at the Sensoriom Smart Clinic Platform in any clinic.
2.5.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Sensoriom does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner/Clinic/Doctor in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
2.5.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Sensoriom is not liable for any interruption that may be caused to your access of the Services.
2.5.4 The reminder(s)/ notification(s) provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Care Coach/ Care Manager/ Care Assistant or the Practitioner. In the event of any medicine reminders provided by Sensoriom, you should refer to your prescription before taking any medicines. Sensoriom is not liable if for any reason reminder(s)/ notification(s) are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminder(s)/ notification(s), you can switch it off through the Sensoriom app.
2.5.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Sensoriom is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Sensoriom.
2.5.6 Sensoriom uses industry–level security and encryption to your Health Records. However, Sensoriom does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Sensoriom of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
2.5.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Sensoriom assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Sensoriom and its officers against any such claim or liability arising out of unauthorized use of such information.
2.5.8 In case you want to delete your Records, you can do so by contacting our service support team at firstname.lastname@example.org. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Doctor/ Practitioners may continue to be stored in their respective accounts.
2.5.9 You may lose your “User created” record, if the data is not synced with the server.
2.5.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
2.5.11 Sensoriom is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
2.5.12 The Health Records are shared with the phone numbers that are provided by your Doctor/ Practitioner. Sensoriom is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
2.5.13 Sensoriom is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
2.5.14 Sensoriom has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
2.5.15 Sensoriom will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
2.5.16 You agree and acknowledge that Sensoriom may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
2.5.17 You acknowledge that the Doctors/ Practitioners you are visiting may engage Sensoriom’s software or third party software for the purposes of the functioning of the Practitioner’s business and Sensoriom’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
2.5.18 To the extent that your Records have been shared with Sensoriom or stored on any of the Sensoriom products used by Doctor’s/ Clinic(s)/ Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Sensoriom pertaining to such previously visited clinics and hospitals who have tie ups with Sensoriom for the purposes of their business and for Sensoriom’s services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Sensoriom, to the mapping of such Records as may be available in Sensoriom’s database to your User account.
2.5.19 The App is able to display data resulting from the clinical investigation, other clinical data and other fitness and wellness related data regarding you for monitoring (“Analytics”).
2.5.20 Monitoring services are not a medical device nor should they be used for diagnosis or treatment of any condition. It is intended as an information aid only.
2.5.21 Data may be input into the App for Monitoring:
- manually by you;
- through third party devices or data streams which connect with the App; and
- via data received from or inputted via other parts of the App, for example as a result of undertaking a Test, prescription or consultation, or the data you’ve emailed to us.
2.5.22 Monitoring enables the display of data only, is limited to the receipt of data from the above sources, does not provide diagnostic or other advice or recommendations, and does not provide a complete or up to date record of your health at any given time.
2.5.23 It is your responsibility to update the data stored for Monitoring and to ensure that it is current and up to date. We do not update or monitor the data in your account nor accept responsibility for ensuring that all activity through the App is logged for Monitoring.
2.5.24 Monitoring may make use of data feeds from third-party Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers that you provide access to. You acknowledge and agree that available data feeds may vary from time to time, that we make no guarantee that any particular data feed will be available or available at a particular time, and that data feeds may require your authorization in order to be accessible to you via the App.
2.5.25 Monitoring may display certain information relating to you derived from data stored for you (for example, body mass index) and recognized guidelines. You should note however that any such display or information provided is based on generic data and assumptions, and is not designed to be and may not be used for personalized advice. It should, therefore, be treated as a general guide and is not a substitute for personal medical advice or diagnosis. It will, in addition, be based on a number of assumptions that may or may not be accurate or applicable to you. No responsibility is taken for any action or omission that you may take based on in connection with or in reliance upon any information shown in Monitoring.
2.6 MY PHARMACY
2.6.1 My Pharmacy is a simple two-way communication module to facilitate interaction between the User/ Patient and the local Pharmacy. The user can choose any Pharmacy from the Sensoriom Healthcare Network and upload a prescription on the platform. This is sent as an email to the pharmacy. Sensoriom holds no responsibility if the pharmacy doesn’t deliver the drugs at your given address, or gets delivered at the wrong address.
2.6.2 Sensoriom merely facilitates the interaction between users/customers/patients and partnered pharmacies through Sensoriom Platform.
2.6.3 The Network pharmacies or the healthcare associates shall be solely responsible for any kind of wrong deliveries, short deliveries, over charging, or damage to the user that arises during or after the treatment from the patient using the Sensoriom Platform. No indemnity insurance or monetary assistance is provided from Sensoriom or Kiara Caresworth Private Limited to any user or any other healthcare associates.
2.6.4 The payment of the medicines shall be through COD (Cash On Delivery). My Pharmacy is NOT AN ONLINE PHARMACY and we do not charge or offer any upfront or regular subscription or similar monetary benefits from our Network Pharmacies to join our network.
2.7 MY CARE CLUB
2.7.1 My Care Club features the currently running health and wellness plans in your city. To purchase any plan of your choice, the user should select the city and the desired plan. The payment is processed by the Payment Gateway integrated into the mobile application.
2.7.2 The Services offered by our partnered healthcare associates/ doctors/ hospitals, the Services would be provided to you as per their terms of service and you may be subject to additional restrictions of such our Healthcare Associates.
2.7.3 You acknowledge that you will be bound by the terms and conditions of the Service Agreement for availing any of the Services offered by our healthcare associates/ doctors/ hospitals. If you do not agree with any part of the Service Agreement, please do not make any payment to avail any Services.
2.8 SENSORIOM WALLET
2.8.1 Sensoriom Wallet is a grant of benefit in the form of credits in the Sensoriom accounts of the Users (“Sensoriom Wallet”) in the form and under such circumstances decided by Sensoriom from time to time.
2.8.2 Sensoriom Wallet can be redeemed by the User only to pay online for the following “Sensoriom Services” on the Website:
- Video Call Consultation with a doctor online
- Subscribing to Healthcare plans on My Care Club.
2.8.3 Sensoriom Wallet neither can be converted to actual money nor can be transferred to any bank accounts.
2.8.4 The Sensoriom Wallet received by each User may or may not have an expiry date associated with it and the said expiry date is subject to the following:
- The expiry date associated with Sensoriom Wallet may vary from time to time. However, the same cannot exceed beyond 1 (One) year.
- The expiry date of Sensoriom Wallet may NOT be intimated to each User by any method of communication like SMS or e-mail or in-App notification on the Website.
- The User acknowledges that Sensoriom has agreed to offer Sensoriom Wallet in its sole discretion. Nothing in these Terms shall be interpreted to restrict Sensoriom’s right to withdraw the Sensoriom Wallet before the expiry date.
2.8.5 Sensoriom reserves its discretion to deny Sensoriom Wallet to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the Terms, applicable law or otherwise.
2.8.6 Other than the conditions set out in these Terms, accrual, utilization, expiry or any other treatment of Sensoriom Wallet may be further restricted by the terms governing the specific service or facility offered by Sensoriom or its business associates, the procurement of which entitles Sensoriom Wallet to a User (“Wallet Terms”). In the event of any inconsistency between these Terms and the Wallet Terms in relation to accrual, utilization, expiry or any other treatment of Sensoriom Wallet by a User, the Wallet Terms shall override these Terms to the extent of such inconsistency.
2.9 CARE COACH/ CARE MANAGER/ CARE ASTT
To facilitate better care coordination and productivity in the Sensoriom Integrated Practice Network or SIPN, Sensoriom offers FREE service of personal Care Managers/ Care Coach/ Care Assistant. The user is bound to agree to the instructions as:
2.9.1 The Care Managers/ Care Coach/ Care Assistant are merely the community supporters with no valid certification on the healthcare/ diet/ nutrition/ medicine/ or similar domain. They are present during the working hours to assist the users with common issues on the app and strengthen the community bonding.
2.9.2 While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.
2.9.3 The Care Managers can help you upload your health data FOR FREE into the Electronic Health Records of Sensoriom, which can be retrieved by the treating doctors/ practitioners, hospitals, clinics, or anyone part of the Sensoriom Integrated Practice Network. To avail this opportunity, kindly upload the health documents along with your information including Name, Phone Number, Email ID and City; and send the email to email@example.com. Sensoriom holds no responsibility for non delivery of the email, receiving wrong health data, wrong or insufficient patient particulars. You agree to indemnify and hold Sensoriom/ Kiara Caresworth Private Limited harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with uploading of your health data into the Electronic Health Records.
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/ Clinic/ 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 therefore.
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, three 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 the Wallet.
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 firstname.lastname@example.org.
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 email@example.com 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 firstname.lastname@example.org.
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 (FOR END USER ONLY)
Health plans means Care Hub Club Health Plans issued by us and Medical Care Hub Club Plans issued by us in collaboration with the SIPN (Sensoriom Integrated Practice Network) associates. Both types of plans are displayed under “CARE HUB CLUB” membership screen on the App.
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 email@example.com, our representative will connect you to the doctor to settle the dispute.
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 firstname.lastname@example.org or email@example.com. 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 within 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 noncompliance in reaching us for settling the dispute. The fees can be forfeited and sent off to the doctor due to noncompliance of the patient in raising and reporting the dispute with the doctor.
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, in which event you may cancel your agreement with us. Please check Terms and conditions for more details. In such a 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 firstname.lastname@example.org
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 dealt accordingly. You can always give us feedback on our services by calling or emailing us via the details at email@example.com.
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.
2.14 CONTENT LICENCE FROM THE USERS
- By Posting any User Content on the Website/App/Marketplace, you expressly grant, and you represent and warrant that you have a right to grant, to Sensoriom a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website/App/Marketplace and under this Agreement.
- You understand that Sensoriom, in performing the required technical steps to provide the Services to our users, may: (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Sensoriom to take these actions.
- You are solely responsible for your contributions to any online forum Sensoriom may offer through or as part of the Services (“Community Participation”), such as and without limitation, responses to blog postings, bulletin board postings, and other contributions to online discussions. By submitting to Community Participation you: (a) represent to Sensoriom, in each instance, that you either own or have the right to display or transmit each and every element of your Community Participation, and that your submission will not violate the legal rights or interests of any person or entity; and (b) grant to Sensoriom a perpetual, irrevocable, royalty free license to use your Community Participation, in each instance, as a whole or in any part, for any business purpose, including without limitation, promotional, marketing and training purposes.
- You confirm and warrant to Sensoriom that you have all the rights, power and authority necessary to grant the above license.
The terms in this Clause 3 are applicable only to Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers.
3.1 LISTING POLICY
3.1.1 Sensoriom, directly and indirectly, collects information regarding the Doctors/ Practitioners’ profiles, contact details, and practice. Sensoriom reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Doctors/ Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Mobile app or Website in connection with you and your profile is found to be incorrect, you are required to inform Sensoriom immediately to enable Sensoriom to make the necessary amendments by writing to us at firstname.lastname@example.org.
3.1.2 Sensoriom shall not be liable and responsible for the ranking of the Doctors/ Practitioners on external websites and search engines
3.1.4 Sensoriom reserves the right to moderate the suggestions made by the Doctors/ Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the App or Website. However, Sensoriom shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Doctors/ Practitioners are added to the App or Website.
3.1.5 Doctors/ Practitioners explicitly agree that Sensoriom reserves the right to publish the Content provided by Doctors/ Practitioners to a third party including content platforms.
3.1.6 When you are listed on Sensoriom mobile app, End-Users may see a ‘Call Clinic’ option. When End-Users choose this option, they can contact your clinic directly through their network calls. Sensoriom do not record such call details.
3.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Sensoriom accepts no liability for the same.
3.2 PROFILE OWNERSHIP AND EDITING RIGHTS
Sensoriom ensures easy access to the Doctors/ Practitioners by providing a tool to update your profile information. Sensoriom reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Doctors/ Practitioners. However, Sensoriom takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Sensoriom’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Sensoriom may modify or delete parts of your profile information at its sole discretion with or without notice to you.
3.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF SENSORIOM
3.3.1 All Critical Content is content created by the Users of www.Sensoriom.com (“Website”)/ Sensoriom Mobile Application and the clients of Sensoriom customers and Doctors/ Practitioners, including the End-Users. As a platform, Sensoriom does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Sensoriom’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
3.3.2 Sensoriom reserves the right to collect feedback and Critical Content for all the Doctors/ Practitioners, Clinics and Healthcare Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers listed on the Website/ App.
3.3.3 Sensoriom shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
3.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Sensoriom shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Sensoriom however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
3.3.5 Sensoriom will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
3.3.6 If Sensoriom determines that you have provided inaccurate information or enabled fraudulent feedback, Sensoriom reserves the right to immediately suspend any of your accounts with Sensoriom and makes such declaration on the website alongside your name/your clinics name as determined by Sensoriom for the protection of its business and in the interests of Users.
3.4 RELEVANCE ALGORITHM
3.4.1 Sensoriom has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a random algorithm which cannot be altered for specific Doctors/ Practitioners. Sensoriom shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
3.5 INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Sensoriom.
3.6 SENSORIOM ADS DISPLAY
Sensoriom reserves the rights to display sponsored ads on the Website/ App. These ads would be marked as “Sponsored ads” which we serve to raise awareness related content in the registered end users using the app. Without prejudice to the status of other content, Sensoriom will not be liable for the accuracy of information or the claims made in the Sponsored ads. Sensoriom does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Sensoriom will not be liable for the services of the Doctors/ Practitioners/ GP/ RMP/ Registered Medical Practitioners/ Providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Sensoriom accepts no liability for the same.
3.7 BOOKING CLINIC APPOINTMENTS AND TELEMEDICINE/ VIDEO CALL CONSULTATION
Please refer to the clauses for the terms and conditions on the following modules:
Clause 2.4 for Clinic Appointment Booking and Telemedicine/ Video Call Consultation policy
Clause 2.7 for My Care Club policy
Clause 2.10 for Purchase Policy of the Patient
Clause 2.11.32 for Wallet Terms and Doctor/ Practitioner Payment Policy on Telemedicine/ Video Call Consultation Fees and Health Plan fees
Clause 2.12 on Cancellation and Refund Policy by the end user
Clause 2.13 on Complaints and disputes
3.7.1 As a valuable partner on our platform we want to ensure that the Doctors/ Practitioners experience on the Sensoriom booking platform is beneficial to both, Doctors/ Practitioners and their Users.
3.7.2 Practitioner understands that, Sensoriom shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Sensoriom.
3.7.3 The dispute or complaints raised by the patient for online video call consultation will be dealt as per the clause 2.12.4 mentioned above. The patient can raise a dispute for dissatisfaction over the online video call consultation with the doctor within two days following the video call consultation. Our representative will call the concerned doctor for settling the dispute. If the doctor wins the dispute, no refund will be generated to the patient with the given explanation from the doctor’s end. However, if the patient wins the dispute, the total fees of the online video call consultation of the doctor will be refunded back to the patient.
3.7.4 As per TELEMEDICINE LAWS OF INDIA, the doctors are adviced to maintain a logbook of all their online teleconsultations with the patients.To apply for the fees earned by the doctor through online video call consultations with the patients on Sensoriom platform, the doctors are adviced to submit their logbook in the form of excel sheet or doc file to Sensoriom at email@example.com from date 03rd to 06th of every month, mentioning all the video call consultations done on the Sensoriom platform. Sensoriom or Kiara Caresworth Private Limited will send out the earned payouts of the doctors between 07th to 10th of every month. For more inquiries, you can drop an email at firstname.lastname@example.org. Refer to 5.14.7 for more details.
3.8 DOCTOR/ PRACTITIONER UNDERTAKING
The Doctor/ Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
3.9 USAGE IN PROMOTIONAL & MARKETING MATERIALS
In recognition of the various offerings and services provided by Sensoriom to Practitioner, Practitioner shall (subject to its reasonable right to review and approve): (a) allow Sensoriom to include a brief description of the services provided to Practitioner in Sensoriom’s marketing, promotional and advertising materials; (b) allow Sensoriom to make reference to Practitioner in case studies, and related marketing materials; (c) serve as a reference to Sensoriom’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
3.10 PURCHASE OF SMART CLINIC PLANS THROUGH SENSORIOM WEBSITE (http://doctors.sensoriom.com)
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. For more details, refer to Clause 5 of this terms.
3.10.1 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.
3.10.2 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 your payment provider to secure payment.
3.10.3 The price of our smart clinic plans and services will be set out in the website (http://doctors.sensoriom.com) 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.
3.10.4 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 website.
3.10.5 You can pay for services using a credit or debit card, net banking, wallets, and UPI.
3.10.6 The subscriptions available within the website are on an annual basis only (“Subscriptions”), payable up-front in advance. For your convenience, the per-month price may be displayed.
3.10.7 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.
3.10.8 The clinic/ doctor/ practitioner 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.
3.10.9 Should you choose to upgrade any of the Services provided, you may be asked to inform us at email@example.com and our representative will reach you through the phone call. You can upgrade your services by paying us on pro rata basis through a payment link sent to you by our representative.
4.1 RIGHTS AND OBLIGATIONS RELATING TO CONTENT
4.1.1 As mandated by Regulation 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, Sensoriom hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
4.1.2 Users are also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Sensoriom Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Sensoriom;
- intentionally submitting on the Website any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- 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;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
- copying or duplicating in any manner any of the Sensoriom Content or other information available from the Website;
- framing or hot linking or deep linking any Sensoriom Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
4.1.3 Sensoriom, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 4.1.1 and 4.1.2.
4.1.5 Sensoriom may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Sensoriom to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Sensoriom as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Sensoriom or any person on its behalf and the User or where the User has consented to data transfer.
4.1.6 Sensoriom respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
4.2.1 Sensoriom reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third party reports violation of any of its right as a result of your use of the Services;
- Sensoriom is unable to verify or authenticate any information provide to Sensoriom by a User;
- Sensoriom has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Sensoriom believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Sensoriom or are contrary to the interests of the Website.
4.2.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website or mobile app under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
4.3 LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Sensoriom, or any of its directors, officers, employees, agents or content or service givers, or healthcare workers/ care coach/ care assistant/ care manager or similar designatories, doctors/ practitioners/ medical labs/ clinics/ hospitals/ diagnostic centers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/ app or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/ app, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Doctors/ 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 your transmissions or data; or
- any other matter relating to the Website or the Service.
In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
4.4 RETENTION AND REMOVAL
Sensoriom may retain such information collected from Users from its Website/ App or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
4.5 APPLICABLE LAW AND DISPUTE SETTLEMENT
4.5.1 You agree that this Agreement and any contractual obligation between Sensoriom and User will be governed by the laws of India.
4.5.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/ App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Sensoriom. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Agra. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
4.5.3 The courts at Agra shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
4.6 CONTACT INFORMATION GRIEVANCE OFFICER
3.15.1 If a User has any questions concerning Sensoriom, the Website, this Agreement, the Services, or anything related to any of the foregoing, Sensoriom customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following hyperlink: www.Sensoriom.com/contact.
3.15.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
- Grievance Cell Sensoriom,
E36, Coregano, IInd Floor, Sector 8, Noida -201301
- Grievance Cell Sensoriom,
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Sensoriom. Any consent by Sensoriom to, or a waiver by Sensoriom of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
4.9 CONSULTATION TERMS ON SENSORIOM SMART CLINIC PLATFORM
The “Sensoriom Smart Clinic Platform” or “Sensoriom Platform” provides these kinds of software panels to the clinics registered with Sensoriom.
- Clinic Staff Panel is operated by the staff of the clinic managing appointments of the patients that comes from the app.
- Doctor Panel operated by the doctors of the clinic to manage the complete examination points including prescription, referrals and goal setting.
- Doctor’s mobile app for Telemedicine/ video call consultation with the patient
4.9.1 The Agreement applies to:
- a medical practitioner or health care provider (whether an individual professional or an organization) or similar institution providing the services on the Consult platform or the Consult (International) platform, as the case may be (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
- Otherwise a user of the Website (“you” or “User”).
SENSORIOM reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your providing of Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for providing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000
4.9.2 Additional Terms for the Patients:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
- Users can choose the Doctor/ Practitioner in certain events (like Telemedicine/ Video Call Consultation). In cases where Users cannot choose a Doctor/ Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
- In case any prescription is being provided to User by the Doctor/ Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
- As per the Telemdicine Guidelines of India called as “INDIAN MEDICAL COUNCIL (PROFESSIONAL CONDUCT, ETIQUETTE AND ETHICS) (AMENDMENT) REGULATIONS, 2020” the Users/ Patients and the Doctors/ Practitioners agree to understand the types of teleconsultation to be used to be used in the FIRST CONSULTS and FOLLOW UP CONSULTS when a patient consults online with a REGISTERED MEDICAL PRACTITIONER/ RMP/ DOCTOR/ PRACTITIONER/ GP:
- FIRST CONSULT MEANS-
- The patient is consulting with the RMP/ Doctor/ Practitioner for the first time; or
- The patient has consulted with the RMP/ Doctor/ Practitioner earlier, but more than six months have lapsed since the previous consultation; or
- The patient has consulted with the RMP/ Doctor/ Practitioner earlier, but for a different health condition
- FOLLOW UP CONSULT MEANS-
- The patient is consulting with the same RMP/ Doctor/ Practitioner within six months of his/ her previous in-person consultation and this is for continuation of care of the same health condition. However,
It will not be considered a follow up if:
- There are new symptoms that are not in the spectrum of the same health condition; and/or
- RMP/ Doctor/ Practitioner does not recall the context of previous treatment and advice
- The user/ patient understands that Sensoriom recommends only FOLLOW UP TELECONSULTS between the user/ patient and RMP/ Doctor/ Practitioner on the Sensoriom App (Telemedicine/ Video Call Consultation/ TeleConsultation)
- The user/ patient should only use the Telemedicine/ Video Call Consultation/ TeleConsultation on Sensoriom App or Platform if he/ she agrees to-
- an ongoing treatment with their medical practitioner;
- a condition which does not require emergency treatment, physical examination or medical attention;
- medical history available as records with them for reference;
- a record of physical examination and report thereof with them, generated through their local medical practitioner;
- consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
- The User agrees that by using Telemedicine/ Video Call Consultation/ TeleConsultation, the Doctors/ RMP/ Practitioners on Sensoriom Platform will not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
- The User understands that Sensoriom App shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Doctors/ RMP/ Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
- During the consultation and thereafter, the Doctors/ RMP/ Practitioner may upload the Prescription/health records of the User on the account of the User on the App for access of the User. However, it is expressly clarified that, the Practitioner may or may not issue a prescription, at his sole discretion, amy only choose to educate or counsel the user.
- Notwithstanding anything contained herein, SENSORIOM is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner. However, according to “INDIAN MEDICAL COUNCIL (PROFESSIONAL CONDUCT, ETIQUETTE AND ETHICS) (AMENDMENT) REGULATIONS, 2020” the Doctor/ RMP/ Practitioner should prescribe only LIST O DRUGS and LIST A DRUGS to the FIRST CONSULTATION GROUP; while prescribing LIST B DRUGS only to the patients/ users for FOLLOW UP TELECONSULTS. Altogether, medicines listed in SCHEDULE X should NOT BE PRESCRIBED TO ANY PATIENT post Teleconsultation.
- The User hereby agrees to and grants consent to the SENSORIOM’s medical team with the right to audit his/her consultations on the Sensoriom Smart Clinic Platform for the purpose of improving treatment quality and other related processes.
- User shall refrain from raising any personal queries or advice on the Sensoriom Smart Clinic Platform which are not related to a specific disease / medicine.
- Users shall not use abusive language on the Sensoriom Smart Clinic Platform. In the event of an abuse from the User is reported by a Practitioner, SENSORIOM reserves the right to block such Users from the Sensoriom Smart Clinic Platform and SENSORIOM is not responsible for honouring any refund request towards his/her consultation on the Sensoriom Smart Clinic Platform.
- Users may share images or videos of the affected areas of their body parts with the Doctor/ Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. SENSORIOM shall not be responsible for any such images or videos shared by the Users with the Doctors/ Practitioners.
- Users shall be prepared to share all relevant documents or reports to the Docotrs/ Practitioner promptly upon request.
- Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the Consult prescription policy. The restricted drugs are as follows:
- Medication for Medical Termination Pregnancy (MTP)
- Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
- If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
- The User shall indemnify and hold harmless SENSORIOM and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Mobile app or Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
- The User shall make payment using the payment gateway to make payments online, solely at User’s discretion. Should there be any issues with regard to the payment not reaching the SENSORIOM account, the User may contact SENSORIOM’s support team via email listed on CONTACT PAGE of the website. For more details, please check Clause 2.11 (Wallet Terms).
4.9.3 Terms for Practitioners:
- The Doctor/ Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Doctor/ Practitioner, SENSORIOM shall have the right to replace such Practitioners for the purpose of consultation to the User.
- The Doctor/ Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
- The Doctor/ Practitioner has the discretion to cancel any consultation at any point in time in cases where the Doctor/ Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Doctor(s)/ Practitioners. However, it is strongly recommended that the Doctor/ Practitioner advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
- The Doctor/ Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Doctor/ Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Doctor/ Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
- Doctor/ Practitioner shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Doctor/ Practitioners’ knowledge.
- In case, the Doctor/ Practitioner has marked himself/herself available for the online consultation on the Sensoriom Mobile App and in the event a consultation has been auto allocated to a Doctor/ Practitioner, then such Doctor/ Practitioners shall ensure to provide a response to the User within five (5) minutes of receiving the consultation request from the patient/ user.
- Doctor/ Practitioners should provide e-prescriptions to the Users after the online video consultation/ teleconsulatation only via the prescription module in the mobile app. The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Practitioner hereby agrees to hold SENSORIOM, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
- For a Doctor/ Practitioner to complete an online consultation, the Doctor/ Practitioner may use e-prescription module with the recommended points by the Govt. of India as follows: Chief Complaints, Relevant points from History, Examination/ Lab Findings, Suggested Investigations, Diagnosis/ Provisional Diagnosis, Prescription of suitable drugs, Special Instructions
- Where the Doctor/ Practitioner learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Practitioner shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.
- Doctor/ Practitioners shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the Sensoriom platform. If any such drugs are indicated for treatment for a given consultation, the Practitioner shall refer the User for a physical consultation.
- In the event the Doctor/ Practitioner learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Practitioner agrees to report such events to SENSORIOM via the email: email@example.com immediately
- The Doctor/ Practitioners agrees not to request see for images or video of the User’s private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.
- If Doctor/ Practitioner needs to change the status to ‘unavailable’, the same could be changed after having completed all the open consultations. In case the Doctor/ Practitioner leaves a consultation open and changes the status to ‘unavailable’, the Doctor/ Practitioner understands that he shall be liable to pay such penalty as may be imposed by SENSORIOM, in these cases.
- The Doctor/ Practitioner is not allowed to use any other platform other than the Sensoriom platform for the purpose of interacting/communicating with the User and any attempt by the Doctor/ Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Doctor/ Practitioner.
- If the Doctor/ Practitioner’s performance on the Sensoriom platform is not compliant with the expected guidelines of SENSORIOM or the Practitioner is found to be misusing the Sensoriom platform, the Doctor/ Practitioner may result in losing the privilege of using the Consult feature & platform.
- The Doctor/ Practitioner acknowledges that should SENSORIOM find the Doctor/ Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then SENSORIOM shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
- In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User may contact SENSORIOM’s support team.
- It is further understood by the Doctor/ Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Doctor/ Practitioner privilege.
- The Doctor/ Practitioner understands that SENSORIOM makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold SENSORIOM liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by SENSORIOM
- The Doctor/ Practitioner understands that SENSORIOM makes no promise or guarantee for the number of consultations that will be allocated to a Practitioner on the Sensoriom Smart Clinic Platform. The consultations allocated to a Doctor/ Practitioner will depend upon various factors, which inter-alia includes, Consult response time, patient feedback and number of practitioners available, etc., It is the responsibility of the Doctor/ Practitioner to keep a track of their overall performance using the Sensoriom mobile application.
- It shall be the responsibility of the Doctor/ Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that SENSORIOM shall not be liable for any errors in the information included in any communication between the Practitioner and User.
4.9.4 Express Disclaimers:
- Telemedicine/ Teleconsultation/ TeleHealth consultation/ Online Video Consultation is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Doctor/ Practitioner listed on the App or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, SENSORIOM shall not be held liable.
- Sensoriom is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.
- The Doctor/ Practitioner/ Registered Medical Practitioner/ RMP/ GP/ Clinics/ Hospitals/ Medical Labs/ Diagnostic Centers shall indemnify and hold harmless SENSORIOM and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
- Sensoriom does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this website/mobile app. Reliance on any information appearing on this Website or Mobile App is solely at your own risk.
5.1 Applicability; Conclusion of contract
5.1.1 Sensoriom shall provide its services exclusively on the basis of the following Sensoriom Smart Clinic Terms (SSCT). They shall apply to all legal relationships between Sensoriom and the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party), even if they are not expressly referred to.
5.1.2 The version applicable at the time of conclusion of a contract shall be relevant. Deviations from these SSCT and other supplementary agreements with the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall only be effective if they have been confirmed by Sensoriom in writing.
5.1.3 Terms and conditions of the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party), if any, shall not be accepted, even if Sensoriom knows them, unless expressly agreed otherwise in writing on a case-by-case basis. Sensoriom expressly objects to SSCT of the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party). No other objection of Sensoriom to the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party)’s SSCT shall be required.
5.1.4 The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) may or may not be informed about amendments to the SSCT.
5.1.5 If any provisions of these SSCT are ineffective, the binding nature of the remaining provisions and the contracts concluded on the basis of the same shall not be affected. The ineffective provision shall be replaced by an effective provision which comes as close as possible to the meaning and purpose of the ineffective one.
5.1.6 The Company’s offers shall be subject to change without notice and non-binding.
5.2 Social Media Channels
5.2.1 Before an order is placed Sensoriom expressly points out to the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) that Social Media Companies of “social media channels” (e.g. Facebook, Linkedin, Twitter; hereinafter referred to as Social Media Companies), in their terms and conditions of use, reserve the right to reject or remove advertisements or promotional appearances for any reason whatsoever. Accordingly, Social Media Companies are not obliged to forward content or information to users. Thus, there is a risk, which cannot be calculated by Sensoriom, that advertisements or promotional appearances are removed for no reason.
5.2.2 Although in the case of a complaint of a different user Social Media Companies do offer an opportunity to reply, the content will be immediately removed also in that case. In that case restoring the original, lawful condition may take some time. Sensoriom works on the basis of the Social Media Companies’ terms and conditions of use, on which it has no influence, and also makes them the basis of Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) orders.
5.2.3 By placing the order the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) expressly acknowledges that those terms and conditions of use (co-)determine the rights and duties of a contractual relationship, if any. Sensoriom intends to execute the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party)’s order to the best of its knowledge and belief and to comply with the policies of “social media channels”.
5.2.4 Due to the terms and conditions of use that are currently applicable and the fact that every user can easily allege a violation of the law with the aim that contents will be removed, Sensoriom cannot guarantee that the ordered campaign can be retrieved at any time.
5.3 Scope of services
5.3.1 The scope of the services to be rendered shall be based on the specifications of Sensoriom Agreement or the Company’s acknowledgment of order, if any, and the briefing report, if any (“Offer Documents”). Subsequent modifications of the services shall be subject to the Company’s written confirmation.
5.3.2 All services of Sensoriom (including but not limited to all preliminary designs, sketches, final drawings, proofs, blueprints, copies, coloured prints and electronic files) shall be checked by the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) and released within three (03) working days of receipt by the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party). If they are not released within that period, they shall be deemed approved by the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party). After that period has expired with no reply from the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) they shall be deemed accepted by the same.
5.3.3 Digital projects with zero fees charged by Sensoriom have fixed layouts and cannot be customized/ altered as per the wish of the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party). In the Free Plan, the client (Doctor/ Hospital/ Clinic/ Any Other Third Party), if wishes to get a website designed as per the instructions in the plan, will need to purchase the domain name of their choice. This can either be done by the client or can be ordered on our website or payment link sent to them.
5.3.4 The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall make accessible to Sensoriom completely and in time all information and documents required for rendering the service. The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall notify Sensoriom of all circumstances that are relevant to execution of the order, even if they become known only in the course of execution of the order. The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall bear the costs incurred due to the fact that work has to be done again by Sensoriom or is delayed because of his incorrect, incomplete or subsequently modified specifications.
5.3.5 In addition, the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) is obliged to clear the documents made available by him for execution of the order (photos, logos, etc.) for potential copyrights, trademark rights, marks or other rights of third parties (rights clearance) and guarantees that the documents are free from rights of third parties and may therefore be used for the desired purpose. In the case of merely slight negligence or if it has fulfilled its duty to warn the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party), Sensoriom shall not be liable (at least as regards the relationship between Sensoriom and the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party)) for an infringement of such rights of third parties by documents made available by the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party). If Sensoriom is held liable for an infringement of such rights, the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall indemnify and hold harmless Sensoriom and shall compensate Sensoriom for any and all disadvantages suffered by it due to third-party claims, including costs of reasonable legal representation. The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) undertakes to support Sensoriom in defending claims of third parties, if any. For this purpose the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall provide Sensoriom with all documents without request.
5.4 External services; Medicolegal Consultations
SENSORIOM ONLY PROVIDES A MEDIUM FOR INTERACTION AND IS LIMITED TO ONLY ONE USER PER SUBSCRIPTION. IF THERE ARE MORE USERS WHO NEED ADDITIONAL MEDICOLEGAL CONSULTATION SERVICES, SUITABLE EXTRA CHARGES WILL BE APPLICABLE FOR EACH NEW SUBSCRIBER FOR A DEFINED TIME.
5.4.1 We shall be entitled at its own discretion to render the services itself, to employ expert third parties as agents and/or to commission a third party to render such services (“External Service”). Currently, Purchase of Domain Name and Medicolegal Consultations are extrenal service being provided in the Smart Clinic Plans.
5.4.2 Sensoriom is an channel that facilitates communication between medicolegal professionals and Smart Clinic Subscribers (of Paid Clinic Plans) of legal services. Sensoriom does not guarantee and takes no position and offers no opinion on when or if a lawyer-client clients (Doctor/ Hospital/ Clinic/ Any Other Third Party) relationship has been formed.
5.4.3 The clients (Doctor/ Hospital/ Clinic/ Any Other Third Party), and not Sensoriom , is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the user communicates on this service.
5.4.4 Disclaimer of lawyer-client relationship
Sensoriom is not an agent of lawyers. It only facilitates the communication of lawyers and potential clients (Doctor/ Hospital/ Clinic/ Any Other Third Party). Any electronic communication sent to Sensoriom alone will not create a lawyer-client relationship between the user and Sensoriom , such being expressly denied.
5.4.5 Sensoriom does not provide Medicolegal Advice
Sensoriom medicolegal cell is a third party entity which is out of the scope of our SIPN. Our partnered lawyers independently execute the medicolegal advice to the paid clinic plan subscribers on an annual commission fees set by an agreement between the two parties.
5.4.6 Disclaimer of representations by clients (Doctor/ Hospital/ Clinic/ Any Other Third Party)
Sensoriom makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any of our partnered lawyers or law firms.
Please note that neither Sensoriom , nor any of its subsidies or employees are advocates. We are not a law firm and we do not provide legal advice. Nothing on our website or material sent to you in our communication is to be construed as legal advice.
Our website, blog and other material is only for the purpose of spreading information and awareness and are not substitutes for the advices or services of an advocate or legal professional.
Wherever required in order to fulfill your needs, we will facilitate a connection with our partnered medicolegal expert/ lawyer/ attorney through out IVR Toll free number / emails/ video confernecing. Please bear in mind that such professionals are our partnered professionals. Our site and services are only one source of information among the many sources that are available to you. If you may wish to consider the purchase of indemnity insurance or start a litigation process, the client (Doctor/ Hospital/ Clinic/ Any Other Third Party) will have to pay extra for the additional services to be executed by our partnered lawyers.
The decision to engage any of these professionals is an important one, and one that you must make carefully based solely on your own judgment. We constantly strive to keep our content and documents accurate, current and up-to date. However, because of changes in the law and regulations, we cannot and do not guarantee that any or all of the information on the site and other communication is completely current.
Please be advised that sometimes, the law, legal requirements, rules and regulations are location specific and may differ from location to location. The general information or other material we provide cannot fit every situation or circumstance.
Our sites and services are not intended to create any advocate-client relationship, and your use of our sites and services does not and will not in any circumstance create any such relationship between you and us.
5.5.1 Unless expressly agreed to be binding, delivery or service periods stated shall only be approximate and non-binding. Binding agreements on deadlines shall be recorded in writing or confirmed by Sensoriom in writing.
5.5.2 If the delivery/service of Sensoriom is delayed for reasons for which Sensoriom is not responsible, such as, e.g. events of force majeure or other unforeseeable events that cannot be prevented by reasonable means, the service obligations shall be suspended for the duration and to the extent of the impediment and the deadlines shall be extended accordingly. If such delays continue for more than two months, the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) and Sensoriom shall be entitled to rescind the contract.
5.5.3 If Sensoriom is in default, the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) may only rescind the contract after having granted Sensoriom a reasonable grace period of at least 14 days in writing and after such period has expired fruitlessly. Claims of the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) for damages on the ground of non-performance or default shall be excluded, unless intent or gross negligence can be proved.
5.6 Fees, Purchase Agreement, Billing Method, Cancellation Policy and Refunds
5.6.1 Unless otherwise agreed the Company’s entitlement to fees shall arise for any specific service once the same has been rendered. Sensoriom shall be entitled to ask for advance annual payment for the subscription provided under the Smart Clinic Plans.
5.6.2 The costs of the Clinic Plans shall be stated as net fees plus GST payable annually as an upfront fees.
5.6.3 The fees is strictly NON-REFUNDABLE however if, due to any reason, we are unable to provide to you the service or product you purchased from us within a period of 2 (two) months, then you shall be entitled to a refund.
5.6.4 Any other refund requests shall not be entertained as we share the work and commissions with our partnered professionals immediately when you purchase the Clinic Plans from us.
5.6.5 If payment by installments has been agreed (in special circumstances), Sensoriom reserves the right to demand immediate payment of the total debt outstanding if installments or ancillary claims are not paid in time (acceleration clause).
5.6.6 The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall not be entitled to set off claims of Sensoriom against his own claims unless the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party)’s claim has been recognised by Sensoriom in writing or ascertained by court.
5.7 Title and copyright
5.7.1 Sensoriom shall retain title to all services of the Clinic, including services in connection with presentations (e.g., suggestions, ideas, sketches, preliminary designs, scribbles, final drawings, concepts, negatives, slides), including parts thereof, as well as the individual workpieces and original designs and Sensoriom may demand at any time, in particular in the case of termination of the contractual relationship, that they be returned to it.
5.7.2 By paying the fees the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall acquire the right to use the services for the designated purpose agreed. Unless otherwise agreed the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall, however, use our services exclusively in India. Acquisition of rights to use and exploit the Company’s services shall in any case be subject to full payment of the fees charged by Sensoriom for the same.
5.7.3 Modifications and/or editing of services of the Company, including but not limited to further development of the same by the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) or third parties working for the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party), shall only be permitted with the express consent of Sensoriom and, to the extent that services are protected by copyright, of the author.
5.7.4 The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall be liable to Sensoriom for any unlawful use in the amount of twice the reasonable fees for such use.
5.8 Identification marks
5.8.1 Sensoriom shall be entitled to make reference to Sensoriom and the author, if applicable, on all advertising means and in any advertising and promotion measures, without the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) being entitled to any payment in this respect.
5.8.2 Sensoriom shall be entitled to make reference to its current or former business relationship with the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) on its own advertising media, including but not limited to its website, by referring to the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party)’s business name and business logo, with the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) having the right to revoke his consent in writing at any time.
5.9.1 The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall notify any defects immediately and in any case within eight days of delivery/provision of the service by Sensoriom and hidden defects not later than eight days after they were identified in writing including a description of the defect; otherwise the service shall be deemed accepted. In that case assertion of any warranty claims or claims for damages as well as the right to assert claims on account of mistake shall be excluded.
5.9.2 In the case of a justified and timely notification of defects the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall be entitled to improvement or replacement of the delivery/service by the Company. Sensoriom shall repair the defects within a reasonable period of time and the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall enable Sensoriom to take all measures which are necessary for examination and repair of the defects. Sensoriom shall be entitled to refuse improvement of the service if such improvement is impossible or if Sensoriom were to incur disproportionately high costs. In that case the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall be entitled to cancel the contract or get a fee reduction as provided for by law. In the case of improvement the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall send the defective (physical) item at his cost.
5.9.3 The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall also be obliged to examine the service for its lawfulness, including but not limited to competition law, trademark law, copyright law and administrative law. Sensoriom is obliged only to roughly examine lawfulness. In the case of slight negligence or after it has fulfilled its duty to warn the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party), if any, Sensoriom shall not be liable for lawfulness of contents if they were advised or accepted by the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party).
5.9.4 The warranty period shall be six months as of delivery/service. The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall not be entitled to withhold payments on the ground of complaints.
5.10 Liability and product liability
5.10.1 In cases of slight negligence liability of Sensoriom and its employees, contractors or other agents (“External Service”) for damage to property or pecuniary loss suffered by the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall be excluded, be it indirect or direct damage, lost profit or consequential damage resulting from a defect, damage due to default, impossibility, breach of obligation, or due to defective or incomplete performance. The harmed party shall have to prove gross negligence. To the extent that the Company’s liability is excluded or limited this shall also apply to personal liability of its People.
5.10.2 Any liability of Sensoriom for claims asserted vis-à-vis the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) on the ground of services rendered by Sensoriom (e.g. advertising and promotion measures) shall be expressly excluded, provided that Sensoriom complied with its duty to inform or if it was unable to see such a duty, even due to slight negligence. Sensoriom shall, in particular, not be liable for costs of legal proceedings, lawyer’s fees of the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) or costs of publication of judgments or for claims for damages, if any, or other claims of third parties; the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall indemnify and hold harmless Sensoriom in this respect.
5.10.3 Claims of the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) for damages shall be forfeited six months after knowledge of the damage and in any case three years after the Company’s infringement. Claims for damages shall be limited to the net contract value.
5.11 Data protection
The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) agrees that his personal data, namely name, occupation, date of birth, Business Register Number, powers to represent the company, contact person, business address and other addresses of the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party), phone number, fax number, e-mail address, bank details, credit card details, GST number) may be collected, stored and processed electronically for the purpose of performance of the contract and support of the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) and for the Company’s own advertising and promotion purposes, for example by sending him offers, advertising brochures or newsletters (in hard copy or electronic form) and for the purpose of making reference to the current of former business relationship with the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party). The Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) agrees to be sent electronic mail for advertising purposes until further notice.
Such consent may be revoked in writing via e-mail, fax or letter to the contact details stated in the header of these SSCT at any time.
5.12 Applicable law
The Agreement and all mutual rights and duties resulting therefrom as well as any claims between Sensoriom and the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) shall be subject to Indian substantive law.
5.13 Place of performance and place of jurisdiction
5.13.1 The place of performance shall be the registered office of the Company. In the case that goods are shipped the risk shall pass to the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) once Sensoriom has delivered the goods to the carrier chosen by it.
5.13.2 The agreed place of jurisdiction for all legal disputes arising between Sensoriom and Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) in connection with this contractual relationship shall be the court having jurisdiction over the subject-matter and the Company’s registered office. Notwithstanding the foregoing Sensoriom shall be entitled to sue the Client (Doctor/ Hospital/ Clinic/ Any Other Third Party) at his general place of jurisdiction.
5.13.3 If only the masculine form is used herein for describing natural persons it shall equally refer to women and men. If a specific person is referred to, the respective gender-specific form shall be used.
5.14.1 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.
5.14.2 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.
5.14.3 Appropriate Log Details should be maintained by the Doctors/ Practitioners listing all telemedicine/ video call consultations executed through Sensoriom Platform or App.
5.14.4 For the Care Hub Club 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.
5.14.5 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).
5.14.6 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.
5.14.7 As per clause 3.7.4, to apply for the fees earned by the doctor through online video call consultations with the patients on Sensoriom platform, the doctors are advised to submit their logbook in the form of excel sheet or doc file to Sensoriom at firstname.lastname@example.org from date 03rd to 06th of every month, mentioning all the video call consultations done on the Sensoriom platform in the past month. Sensoriom or Kiara Caresworth Private Limited will send out the earned payouts of the doctors between 07th to 10th of every month after deducting 20% from the fees. For more inquiries, you can drop an email at email@example.com.
END OF THE TERMS………………………..