1. By accepting to avail any of the Telemedicine Services (“Services”) of the IMCH, you agree to abide by the General Terms and Conditions defined by IMCH and it is termed as your consent to proceed with telemedicine consultation with the Registered Medical Practitioner under the prevailing law. Further you expressly agree that you will not use Services of the IMCH  if you do not understand or accept these Terms and Conditions including the General Terms and Conditions of the IMCH;

2. The IMCH shall require you to collect your identifiable health information including physical, physiological and mental health condition, and medical records and history as part of Telemedicine Services. The use of your sensitive personal information which includes your health information will be governed by IMCH's Privacy Policy. When you accept the terms and conditions at the time of registering or otherwise provide your personal information, you specifically consent to IMCH's Privacy Policy;

3. You agree that IMCH can record, save and store all tele-consultations/ instant messaging chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences with you for record purposes and produce these as evidence if required before or directed by a court of law;

4. The Registered Medical Practitioner shall take appropriate decision based on the information you provide before or at the time of availing the Telemedicine Services and you hereby accept and agree that Registered Medical Practitioner may choose not to proceed with Telemedicine Service at any point in time and suggest you to consult in-person. Similarly you may choose to not to proceed with Telemedicine Service at any time after initiating the consultation with concerned Registered Medical Practitioner;

5. You shall hereby accept and acknowledge that your interactions with any Registered Medical Practitioner during Telemedicine through an Audio, Video and Text medium has limitations in terms of effective transmission of the contents, which will have a direct impact on the treatment to be prescribed by the Registered Medical Practitioner. The underlying limitations contemplated herein above are as follows;
   
   

• In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the health care practitioner (i.e., poor resolution images, etc.);

• There may be delays in evaluation or treatment could occur due to failure of the electronic equipment;

• In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;

• Telemedicine service is purely dependent on availability of internet and network connectivity, hence the Telemedicine service is not guaranteed always

6. Before using Telemedicine, you agree that you are aware and understand that;

• Telemedicine is not intended to replace in-person consultation with Registered Medical Practitioner.

• Medical services rendered by Registered Medical Practitioner under Telemedicine Services are subject to solely professional judgment.

• Use of IMCH's virtual health service is not for emergencies. You will not use IMCH's Telemedicine for medical emergencies except when no other alternative is available. IMCH hereby clarifies that its Telemedicine is not intended to support medical emergency cases.

7. The Registered Medical Practitioner shall use his/ her best judgment to prescribe medicines and such medicines may be made available to you by IMCH upon specific consent from you and upon receipt of payment of charges towards such medicines. No medicine abuse of which could harm you and/ or society at large shall be prescribed including Schedule X drugs (i.e. psychotropic and other mind altering drugs).
   You agree and acknowledge that the Prescription will be sent to you through a IMCH electronic platform and IMCH shall not be held liable for any issues arising out of such prescription;

8. The Registered Medical Practitioner at his/ her professional judgment ask you for certain diagnostic tests. For such diagnostic services you shall require to pay separately at the time of availing the particular diagnostic services. It is pertinent to note that the MRP of the test under different profiles may differ from laboratories to laboratories, and accordingly, the savings on each profile may differ depending on the MRP of each profile. IMCH shall have the right to revise the prices of the profiles set out in the Membership without giving any prior notice for the same;

9. The Registered Medical Practitioners are independent entities/ professionals in private practice and are not agents of the IMCH and/or its parents, subsidiaries or affiliates. The Madithattu does not promote or suggest any particular Registered Medical Practitioner. Further, the Madithattu does not make any representations or warranties with respect to Registered Medical Practitioners or the quality of the healthcare services they may provide;

10. You hereby accept and acknowledge that the Telemedicine service is between the Registered Medical Practitioner and you and the IMCH has no role to play in it. In an event of any wrongdoing or any mishap or any negligence then the IMCH will not be held liable for any loss or damage if any.

11. By using any of the Services of the IMCH, you hereby unconditionally give your consent, subject to the provisions of applicable law, for IMCH or its representatives to contact you by telephone, SMS or any other mode in relation to the Services as well as for promotion of its services and products; irrespective of the fact that your mobile number may be registered with DND/DNC registry. It is your responsibility to ensure that the contact details provided by you is correct;

12. Any advice provided by any Registered Medical Practitioner shall depend solely on the completeness and accuracy of the information provided by you. The Madithattu shall not be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any coupon issued to you or any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any Registered Medical Practitioner or virtual health service to you;

13. You hereby indemnify, defend, and hold IMCH, IMCH's distributors, agents, service providers, partners, representatives and other Members, and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) your use of the Services (ii) your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing or omission on your part;

14. IMCH reserves the right to terminate the Telemedicine services at any time without any notice;

15. In the event of any dispute arising between the parties with respect to the services mentioned herein above, the same shall be referred to a Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Malappuram and the decision of the Arbitrator shall be final and binding on both parties herein. Laws of India and Kerala shall exclusively govern.

Privacy Policy

1. During the course of services made available to you, we may need to collect some of your personal data.

2. We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and the consent you hereby give us.

3. We only retain collected information for as long as necessary to provide you with your requested service. We will take all reasonable care to protect such data within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

4. We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

5. Our website may link to external sites or services that are not operated by us. Please be aware that we have no control over the content and practices of these sites or services, and cannot accept responsibility or liability for their respective privacy policies.

6. You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

7. Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information.

8. Personal information including sensitive personal data may be received, processed or stored by XXXXX as appropriate.

9. The types of personal information received by XXXXX may include the following but not limited to: names, addresses of natural persons, as well as sensitive personal data such as password, financial information like Bank account or credit card or debit card or other payment instrument details, medical records and biometric information etc.

10. Personal Information We Collect Online “Personal Information” means personally identifiable information such as information you provide, or that others provide to us on your behalf, via forms, surveys, applications or other online fields including but not limited to name, postal or email addresses, telephone, fax or mobile numbers.

11. We may use Personal Information to: Respond to your inquiries and fulfil your requests; Send you important information regarding the Site, changes to our terms, conditions, and policies and/or other administrative information; Send you marketing communications that we believe may be of interest to you; Personalize your experience on the Site;

12. Allow you to participate in surveys, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose Personal Information;

13. Analyse data for our business purposes, such as audits, medical records, enhancing the Site, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns; or
    Control risk, to comply with laws and regulations and to comply with other legal process and law enforcement requirements.

14. Other Information We Collect Online: “Other Information” is any information other than Personal Information that does not reveal your specific identity or does not directly relate to an individual, such as: Browser information Online Privacy Policy, Information collected through cookies, pixel tags and other technologies, Demographic information and other information provided buy you such as your date of birth; or, Aggregated and De-identified Data

15. To protect your personal information from unauthorized access and use, we use security measures that comply with Indian law. These measures include computer safeguards, Data and Database Encrypting,  and secured files and buildings.

16. We and our third-party service providers, if any, may record, collect and use Other Information in a variety of ways, including: A. Through your browser -Certain information is collected by most browsers, such as your Media Access Control (MAC) address, device type, screen resolution, operating system version and Internet browser type and version. We use this information to ensure that the Site functions properly and for security purposes.B- Use of cookies: Cookies are pieces of information stored directly on the device you are using. Cookies we use do not contain or capture unencrypted Personal Information. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited and language preferences. We use the information for security purposes, to facilitate navigation, to display information more effectively and to personalize your experience while visiting the Site. C. We also gather statistical information about the usage of the Site in order to continually improve the design and functionality, to understand how people use the Site and to assist us with resolving questions regarding the Site.You can refuse to accept these cookies and most devices and browsers offer their own privacy settings for cookies. You will need to manage your cookie settings for each device and browser you use. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Site. D.We use the information for security purposes, to facilitate navigation, to display information more effectively, to continually improve the design and functionality and to understand how people use the Site. E. Use of pixel tags, web beacons, clear GIFs or other technologies: These may be used in connection with some Site pages and HTML-formatted email messages to measure the effectiveness of our communications, the success of our marketing campaigns, compile statistics about usage and response rates and to assist us in resolving customers’ questions regarding use of the Site. F. IP Address: Your IP Address is a number that is automatically assigned to the device that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems and administering the Site. G. Aggregated and De-identified Data: “Aggregated and De-identified Data” is data we may create or compile from various sources, including mouse clicks and movements, scrolling activity and text you type into the Site. This information is used for business purposes, which may include offering products or services, research, marketing or analyzing market trends and other purposes consistent with applicable laws.

17. If required by law, we may provide any and all information we have about you to law enforcement or other government agencies, pursuant to a subpoena, warrant or other order by a court of competent jurisdiction. Where required by applicable law, we will require written documentation of the request, proof of the identity of the law enforcement official making the request, and we will take steps to authenticate the validity of the request. Any law enforcement or government agency request submitted with less than a court-issued order will be evaluated on a case-by-case basis according to the need and urgency, as well as the particular law enforcement agency making the request.

18. We may share your Personal Data with our group entities for internal reasons, primarily for business and operational purposes

19. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or merges with us your Personal Data will be disclosed to such entity. Also, if any bankruptcy or reorganisation proceeding is brought by or against us, all such information will be considered an asset of ours and as such it is possible they will be sold or transferred to third parties.

20. You consent to us transferring your Personal Data out of your country for the Purposes set out above. When we send your Personal Data outside of your country, we will make sure that your information is protected to at least the same standard as that which is required in your country. For example, we will always ensure that there is a proper legal agreement that covers the data transfer.

21. We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.

22. You acknowledge that You have provided Your Personal Information out of your free will and after understanding how it will be used. You also consent that the collection, storage, processing, disclosure and transfer of any Personal and privacy Information shall not cause any wrongful loss to You, if it is done in accordance with the provisions of this Privacy Policy. However, we shall not be liable for any loss that may happen to you owing to the provision of wrongful Personal Information by You.

23. The security of your Personal Information is important to us. We have adopted reasonable security practices and procedures including role-based access and need to know basis, password protection, encryption etc. to ensure that the Personal Information collected is secure. We restrict access to your Personal Information to Our and Our affiliates’ employees, agents, third party service providers, partners, and agencies on a need to know basis and in relation to the Purposes as specified above in this Policy.

24. Once you have freely consented to share your Personal Information with us, You authorize us to exchange, transfer, share, part with all or any of Your Personal Information, across borders and from Your country to any other countries across the world with the Cloud Service Provider and Our affiliates / agents / third party service providers / partners / banks and financial institutions or any other persons, for the Purposes specified under this Policy or as may be required by applicable law.

25. While We will endeavour to take all reasonable and appropriate steps to keep secure any information which We hold about You and prevent unauthorized access, you acknowledge that the internet is not 100% secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by us in relation to your Personal Information.

26. In the future, we may need to change this Online Privacy Notice. Please review it periodically. All changes will be made here so that you will always know what information we gather, how we might use that information and whether we may share it with anyone. Any change to a Privacy Notice will become effective when we post the revised Notice on the Site. Your use of the Site following these revisions acknowledges your receipt of the revision and your agreement to and acceptance of the revised Privacy Notice.