FUHS Healthcare Services EST is the service provider of services mentioned below. ‘FUHS’ operates the said services through https://www.fuhs.co.uk and the mobile application ‘FUHS’ (together, “Website”). Reference to (“FUHS”) includes FUHS Healthcare Services EST, its subsidiaries, group companies and their affiliates.
1. Nature And Applicability Of Terms:
The Agreement applies to:
1. 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
2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
3. Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services provided by FUHS on the Website, (“Services”),
The Services may change from time to time, at the sole discretion of FUHS, and the Agreement will apply to you providing the Service.
FUHS 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. You’re 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,
Consult is a Service provided by FUHS that allows Users & Practitioners to communicate, on paid mode. Further, Users may access this feature on Website/ platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as "Consult".
b. Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
• Users can choose the Practitioner in certain events (like through Q&A offering). In cases where Users cannot choose a 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 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.
• The Users agree to use the advice from Practitioner on the Website pursuant to:
1. an ongoing treatment with their medical practitioner;
2. a condition which does not require emergency treatment, physical examination or medical attention;
3. medical history available as records with them for reference;
4. a record of physical examination and report thereof with them, generated through their local medical practitioner;
5. Consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
• The User agrees that by using Consult, the Practitioners on Consult 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 Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the 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 Practitioner may upload the prescription/health records of the User on the account of the User on the Website for access of the User. However, it is expressly clarified that for Users not located within India and using Consult, the Practitioner may or may not issue a prescription, at his sole discretion.
• Notwithstanding anything contained herein, FUHS is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
• If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that FUHS may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number, based on the Practitioner’s settings (through the Website).
However, and notwithstanding anything to the contrary in this Agreement, FUHS does not take responsibility for timeliness of such communications.
• User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.
• Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Practitioner, FUHS reserves the right to block such Users from the Consult platform and FUHS is not responsible for honoring any refund request towards his/her consultation on the Consult platform.
• Users may share images or videos of the affected areas of their body parts with the 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. FUHS shall not be responsible for any such images or videos shared by the Users with the Practitioners.
• Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.
• Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
• For every paid consultation on the Consult platform, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation on the Consult platform; such consultations will not be addressed by the relevant Practitioner.
• 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:
1. Medication for Medical Termination Pregnancy (MTP)
2. 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.
• User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.
• If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. FUHS shall not be responsible for any breach of Service or Service deficiency by any Practitioner.
• The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
• The User shall indemnify and hold harmless FUHS 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 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 FUHS account; the User may contact FUHS's support team via online chat: email@example.com.
3. Terms for Practitioners:
• The 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 Practitioner, FUHS shall have the right to replace such Practitioners for the purpose of consultation to the User.
• The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User; Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
• The Practitioner has the discretion to cancel any consultation at any point in time in cases where the 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 Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
• The 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.
• Practitioner shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Practitioners’ knowledge.
• For direct consultations on the Consult platform, the practitioner shall ensure that they respond to User's health concern within a maximum of two (2) hours of the Practitioner receiving the message (in exceptional circumstances, where the consultation was allocated to a Practitioner without their acceptance). However, the time frame for response shall be between 10 am to 8 pm.
• In case, the Practitioner accepts a User’s consultation by their own choice, then such Practitioners shall ensure to provide a response within five (5) minutes of accepting the said consultation. Also, the response time for a Practitioner during an active consultation shall not exceed five (5) minutes.
• In case, the Practitioner has marked himself/herself available for a particular consultation on the Consult platform and in the event a consultation has been auto allocated to a Practitioner, then such Practitioners shall ensure to provide a response to the User within five (5) minutes of accepting the consultation and during the active consultation period.
• Practitioners should provide e-prescriptions to the Users only via the prescription module. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. 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 FUHS, 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 Practitioner to complete a consult, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:
1. Summary of presenting illness
2. Provisional diagnosis
3. Medicine posology including side effects if any
5. Lifestyle changes
6. Other instructions if any
7. Referral for physical consultation (if necessary)
• Where the 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.
• Practitioners shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the Consult 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 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 FUHS
• The 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 Practitioner needs to change the status to 'unavailable', the same could be changed after having completed all the open consultations. In case the Practitioner leaves a consultation open and changes the status to 'unavailable', the Practitioner understands that he shall be liable to pay such penalty as may be imposed by FUHS, in these cases.
• The Practitioner is not allowed to use any other platform other than the Consult platform for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Practitioner.
• If the Practitioner’s performance on the Consult platform is not compliant with the expected guidelines of FUHS or the Practitioner is found to be misusing the Consult platform, the Practitioner may result in losing the privilege of using the Consult feature & platform.
• The Practitioner acknowledges that should FUHS find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then FUHS 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 FUHS's support team via online chat: firstname.lastname@example.org.
• It is further understood by the 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 Practitioner privilege.
• The Practitioner understands that FUHS makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold FUHS 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 FUHS.
• The Practitioner understands that FUHS makes no promise or guarantee for the number of consultations that will be allocated to a Practitioner on the Consult platform. The consultations allocated to a Practitioner will depend upon various factors, which inter-alia includes: Consult response time, patient feedback and number of practitioners available, etc
• It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that FUHS shall not be liable for any errors in the information included in any communication between the Practitioner and User.
• The Practitioner shall indemnify and hold harmless FUHS 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.
4. Refund policy for Patients:
• In the event it is proved that the Practitioners have acted in contravention of any applicable laws FUHS shall provide complete refund to the User, subject to investigation undertaken by FUHS.
• If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and FUHS/Practitioner shall be entitled to take any legal action, depending upon the gravity of the matter.
• User shall refrain from raising any personal queries or advise on the Consult platform which is not related to a specific disease / medicine. In the event the User raises any such personal queries or advice on the Consult platform, FUHS reserves the right to terminate the consultation of such Users and further, such Users will not be entitled to any refund.
• In case a Practitioner does not respond to a paid consultation within ten (10) minutes from the time of starting a consultation on the Consult platform, or does not respond for more than fifteen (15) minutes during an active consultation, the User shall have the right to request for a refund and any amounts paid by the User with respect to the such consultations will be refunded.
• In case a Practitioner does not provide a consultation summary prescription for a particular consultation, then the User shall have the right to request for a refund and any amounts paid by the User with respect to such consultations will be refunded. Refunds will not be provided if the Practitioner has provided a consultation summary prescription to the User.
• In case a Practitioner is unreasonably abrupt or quick to complete a particular consultation on the Consult platform, then the User shall have the right to request for a refund. FUHS shall provide complete refund to the User, subject to investigation undertaken by FUHS.
• FUHS reserves the right to permanently block Users from the Consult platform in the event FUHS receives multiple cancellation requests from such Users for reasons which do not form part of the cancellation policy of FUHS.
• Users are allowed a period of three (3) days to flag any consultation as inadequate, and request for a refund. No refund requests shall be considered thereafter.
• FUHS shall check the details and process the refund where applicable, solely at its discretion. After a refund request is processed, the money will be refunded to the User in seven (7) working days from the day refund has been approved from FUHS.
• In the event a User raises any concerns regarding the inappropriateness of a particular consultation on the Consult platform, the User agrees that the refund or any other outcome for any such concerns raised by the User will be subject to a detailed review of the said concerns by FUHS as per FUHS’s internal policies.
• In all matters related to refund and settlement under this Agreement, FUHS shall decide so at its sole and absolute discretion after detailed review of the matter and taking into account all the involved parties’ information. The decision of FUHS shall be final in this regard.
5. Express Disclaimers:
• Consult 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 Practitioner listed on the Website 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, FUHS shall not be held liable.
• Consult 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.
10. Right To Use Logos And Trademarks
12. Limitation Of Liability
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 FUHS. Any consent by FUHS to, or a waiver by FUHS 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.
15. No Disparagement