Refunds and Cancellation Policy
For Services that require activation, an executive will get in touch with You within 2 business days of the purchase to help finish all paper formalities and activate the subscription and deliver all documents to the registered address within 10 business days of online purchase.
For Services that involve home visits, We will communicate the availability of the HEALTHCARE SERVICE PROVIDERS at the time of providing the Service. If You wish to reschedule the home visit, You can select a preferred appointment date and time through the Application. While ASKLEPIA HEALTH does not guarantee availability of appointment date and time, it will try and confirm appointment as per Your preference.
For all ASKLEPIA HEALTH Services that require delivery, the estimated delivery date shall be provided to You on the Application at the time of placing the order.
You should check the items dispensed to you carefully promptly upon receipt. If you believe there may have been a dispensing error or goods have been tampered, you should contact us immediately and should not take the goods or use any of the items. Any complaints with regard to shortage of Goods, defects or otherwise will not be entertained by ASKLEPIA HEALTH once the same are accepted at the time of delivery.
Refund & Cancellation Policy
For internet-based subscription Services, You are free to cancel the Service at any time. ASKLEPIA HEALTH shall refund any unexpended advance fees paid by You at the time of cancellation of the Service. In case You wish to seek a refund of the advance paid by You because You do not agree with a modification to the Agreement, please write to email@example.com We will process refund of the unexpended amount.
Subjected to terms under clause ‘Use of Services’ of this Agreement for all home-based Services, ASKLEPIA HEALTH shall provide refund of any unexpended advance fees paid by You if:
- ASKLEPIA HEALTH is not able to deliver the Services and/or Products for any reason. In case You wish to seek a refund of the advance paid by You because You believe;
- ASKLEPIA HEALTH Service is not as per the specification provided on the Application or in case of any valid discrepancies please write to firstname.lastname@example.org within 15 days from availing the services. ASKLEPIA HEALTH will process a refund of the unexpended amount provided internal investigation confirms the claim made by you.
The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital.
“Medical Emergency” will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:
- development of chest pain;
- sudden breathing difficulty;
- inability to speak;
- inability to move any of the body parts;
- loss of consciousness;
- sudden loss of vision and/or hearing;
- not oriented to surrounding;
- sudden abnormal behavior;
- sudden irritability;
- extreme lethargy;
- extreme discomfort;
- sudden worsening of any pre-existing medical conditions;
- sudden development of severe pain.
REPRESENTATIONS AND WARRANTIES
By Using This Application, You hereby represent and warrant that:
- You are 18 years of age or older and that Your use of the Application shall not violate any applicable law or regulation;
- Where a minor may access or use the Application or Service, You will ensure that such access or use happens through Your account and under Your personal supervision. Further, You accept to be accountable and liable for the activity of the minor on the Application, including in respect of the Services availed on the Application;
- All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
- You as a Registered User will use the Application solely for Your personal and non-commercial use. Any use of this Application or its content other than for personal purposes is strictly prohibited.
ASKLEPIA HEALTH represents and warrants that:
- it is a company duly organized under the [Companies Act, 2013] and has the power and authority to provide the Services and the Application;
- it has all permits, approvals and licenses necessary to carry out the Services and in fulfilling its obligations hereunder;
- by entering into this Agreement, ASKLEPIA HEALTH does not violate any of the previous arrangements entered into with other entities to which it is a party;
You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:
Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a HEALTHCARE SERVICE PROVIDERS;
- Your HEALTHCARE SERVICE PROVIDERS may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
- Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Application;
- Security protocols could fail, causing a breach of privacy of Your confidential medical information.
- A lack of access to complete medical records may result in errors in medical judgment.
User may expect the anticipated benefits from the Services provided by ASKLEPIA HEALTH, Healthcare Service Providers and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.
ASKLEPIA HEALTH hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Application.
Any modification, development, maintenance or updating of the Application and any modification, transfer, license or assignment of the rights in the Application shall be done by ASKLEPIA HEALTH as per its sole judgment and in its sole discretion.
The Application and Services provided by ASKLEPIA HEALTH is provided “as-is,” as available, 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). To the fullest extent permitted by law, ASKLEPIA HEALTH disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the ASKLEPIA HEALTH Content, representations and warranties made by ASKLEPIA HEALTH or any opinion or suggestion given or expressed by ASKLEPIA HEALTH or its contractors and agents (including Healthcare Service Providers).
Specifically, ASKLEPIA HEALTH disclaims any liability arising out of:
- Any pre-existing medical condition; or
- Any adverse drug reaction (due to any act or omission based on information found on the Application, or otherwise); or
- Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User.
ASKLEPIA HEALTH assumes no responsibility and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.
ASKLEPIA HEALTH 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 Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
Neither ASKLEPIA HEALTH nor its contractors and agents (including Healthcare Service Providers) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of ASKLEPIA HEALTH or its contractors and agents is proven.
Use of the Application does not include the provision of a computer or mobile device or other necessary equipment to access it. To use the Application You will require internet connectivity and appropriate telecommunication links. ASKLEPIA HEALTH shall not have any responsibility or liability for costs incurred in procuring any equipment or telephone or other costs you may incur in connection with the use of the Application.
Information regarding HEALTHCARE SERVICE PROVIDERS and Services
Information regarding HEALTHCARE SERVICE PROVIDERS and ASKLEPIA HEALTH Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Application with respect to a HEALTHCARE SERVICE PROVIDERS that You seek to engage through the Application.
ASKLEPIA HEALTH DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE APPLICATION AND ITS FEATURES; (II) HEALTHCARE SERVICE PROVIDERS INFORMATION ON THE APPLICATION; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR ASKLEPIA HEALTH CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE APPLICATION AND / OR SERVICES.
ASKLEPIA HEALTH MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
ASKLEPIA HEALTH ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HEALTHCARE SERVICE PROVIDERS MAY POST ON THE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR ASKLEPIA HEALTH TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. ASKLEPIA HEALTH IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
ASKLEPIA HEALTH DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION OR NOT.
ASKLEPIA HEALTH SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF ASKLEPIA HEALTH DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will ASKLEPIA HEALTH or its contractors or agents (including Healthcare Service Providers) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application or the Services, materials and functions related thereto whether or not ASKLEPIA HEALTH has been warned of the possibility of such damages or could have reasonably foreseen such damages.
Notwithstanding anything to the contrary in this Agreement, 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 the terms and conditions or a User’s use of the Application exceed, in the aggregate, INR 5000 or the amount of payment against Services that has been directly received by ASKLEPIA HEALTH from the User in the past three moAsklepia Health, whichever is lower.
You hereby agree to indemnify, defend, and hold ASKLEPIA HEALTH, ASKLEPIA HEALTH’s contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, Healthcare Service Providers), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all 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 Application or Service (ii) Your breach of terms, conditions or provisions of this Agreement, 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., (iii) any negligent or intentional wrongdoing on Your part, (vi) misrepresentations or fraudulent feedback that has adversely affected ASKLEPIA HEALTH or its Users, (v) User’s actions resulting from the User’s viewing of Content on ASKLEPIA HEALTH Application, (vi) any legal or third party intellectual property right claim that may arise from the User Content and (vii) any such claim or liability arising out of unauthorized use of Application and content within the Application
USER ACCOUNT SUSPENSION
In the event where a User has breached the Agreement in ASKLEPIA HEALTH’s sole judgment or when ASKLEPIA HEALTH is unable to verify or authenticate any information provide by User to ASKLEPIA HEALTH or when or User fails to provide the consents necessary or desirable for ASKLEPIA HEALTH to provide the Services (or after providing such consent, later revokes), ASKLEPIA HEALTH reserves the right to suspend and / or terminate the User’s account and/or access to the Application by blocking Your IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application and/or Services. Upon suspension or termination, Your right to use the features on the Application including Services shall immediately cease and ASKLEPIA HEALTH may permanently remove or delete Your information that is available with ASKLEPIA HEALTH, including but not limited to login and account information.
ASKLEPIA HEALTH shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by ASKLEPIA HEALTH in connection with such account termination or suspension.
Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or re-register under a new account.
This Agreement will remain in full force and effect while You use the Application in any manner or capacity.
You can terminate Your relationship with ASKLEPIA HEALTH at any time by providing ninety (90) days’ prior written notice at email@example.com. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. ASKLEPIA HEALTH may require User to continue until the completion of an on-going Service should the situation warrant.
ASKLEPIA HEALTH may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice ASKLEPIA HEALTH’ right to refuse Service to You without providing any reason.
ASKLEPIA HEALTH may terminate the Agreement without notice and with immediate effect where, in the sole opinion of ASKLEPIA HEALTH:
- Any material relating to personal and medical information furnished by a User appears to be untrue; or
- A User is critical or unstable or dead; or
- Provision of Services poses a risk to life of Healthcare Service Providers; or
- Financial dues have not been paid by a User within requested timeframe; or
- User fails to co-operate with Healthcare Service Providers or ASKLEPIA HEALTH; or
- Healthcare Service Providers and/or other ASKLEPIA HEALTH resources are no longer adequate, available and/or suitable to accommodate User’s health requirements.
ASKLEPIA HEALTH reserves the right to suspended or withdrawn any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application from you personally or all users temporarily or permanently at any time and without notice. ASKLEPIA HEALTH may also impose restrictions on the length and manner of usage of any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application for any reason. ASKLEPIA HEALTH may change or update the non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application without notice to you. If the need arises, we may suspend access to such part of the Application or close it indefinitely.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION
The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with laws of India.
The parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by one (1) arbitrator, mutually appointed by the parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Bengaluru, Karnataka. Subject to the aforesaid, the competent courts of Bengaluru, Karnataka shall have jurisdiction to grant urgent interim reliefs to the parties.
The parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
Severability: If any provision of this 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 the 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.
Notices: All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:
- If to ASKLEPIA HEALTH: 1245, 22nd Main Road, 13th Cross Rd, 1st Sector, HSR Layout, Bengaluru, Karnataka 560102
- If to You: at the email address provided by You to us when You registered as a User. If You are a Secondary User, You agree to receive communications and be notified at the email address of the Primary User.
No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Complete Understanding: The Agreement contain the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
Force Majeure: ASKLEPIA HEALTH shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond ASKLEPIA HEALTH’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
Advertisement: ASKLEPIA HEALTH shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.
Assignment: You may not assign or sub-license, without the prior written consent of ASKLEPIA HEALTH, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
Survival: Even after termination, the provisions of the Agreement with respect to Platform as-is, Payment terms, Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination of this Agreement.
Modifications: ASKLEPIA HEALTH reserves the right to modify any part of the Agreement at any time without giving You prior notice. No part of the Agreement shall stand modified unless consented to in writing by ASKLEPIA HEALTH.
When ASKLEPIA HEALTH updates the Agreement, We will notify you through an email. Alternatively, ASKLEPIA HEALTH may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.
If You do not agree to the changes, please do not access or use the Application and the Services any further.