Pre-requisites for taking online consultation

• Online consultation through Mindheal requires that its agreements be made with persons who are legally qualified to enter into a contract. Thus, as a Mindheal patient, you must be over eighteen (18) years of age. In the case of minor Patients (under eighteen (18) years), a parent or guardian must accept this Agreement and guide all consultations under the services offered. The parent or guardian assumes full responsibility for ensuring that the authenticated information is kept secure and that the information submitted is accurate.
• Use of Mindheal Online Consultation Services requires basic familiarity with the Internet and World Wide Web. The Patient is expected to possess the necessary internet-usage skills and knowledge to avail the Services.
• Your Mindheal online Electronic Medical Record is created to store your personal health information online, including health conditions, allergies and medications. Any information provided as part of a web, tele or a video consultation becomes part of your Mindheal Record. You agree to provide accurate information for your Mindheal Record, to periodically review such information and to update such information as and when necessary. It is your responsibility to validate any third party information in your Mindheal Health Record. Mindheal is not responsible for maintaining data arising from use of its Services

Disclaimer

• The Services provided through online consultation are not for use in medical emergencies or situations requiring prompt medical attention. IN EVENT OF A MEDICAL EMERGENCY OR A CRITICAL HEALTH SITUATION, PLEASE CONTACT YOUR EMERGENCY MEDICAL SERVICE PROVIDER, IMMEDIATELY
• You are solely responsible for maintaining the confidentiality of your password and for all activities carried out under your Mindheal account. You agree to prohibit anyone else from using your password and immediately notify Mindheal of any unauthorized use of your password or other security concerns   you may be aware of.
• Mindheal reserves the right to modify the Terms of Service periodically, for any reason, and without notice. Please review these terms and conditions often so that you are apprised of any changes made to this page. The Patient agrees that, during the period of his/her contract with Mindheal, we may revise the Terms and Conditions, and change the services provided. Any such revision or change will be binding and effective immediately on release of the revised Terms and Conditions or change to the Service(s) on our website. Unless we expressly notify otherwise, these terms incorporate and supersede any other terms associated with the Services.
• Mindheal has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions stated herein, without prior notice or warning. 
• Mindheal does not guarantee that a web-based consultation, tele-consultation or video consultation is the appropriate course of treatment for your particular health problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you agree to contact your local emergency services immediately. The Services are offered on an "as is" basis and used by the Patient solely at his or her own risk. All information provided by the Patient in connection with the Services shall be used to provide services and features to the Patient. Mindheal shall make NO effort to validate any information provided by the Patient for use in Services with respect to content, correctness or usability.
• Mindheal reserves complete and sole discretion with respect to the operation of the Online Consultation Services. Mindheal may, among other things withdraw, suspend or discontinue any functionality or feature of the Online Consultation Services.
• Mindheal reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to your Mindheal Online Record pursuant to its internal record retention and/or destruction policies.
• Mindheal reserves the right to modify its fee structure at any time and implement the new fee structure at any time prior to billing the Patient for his or her initial payment or for future payments that are due pursuant to these Terms And Conditions.
• By requesting a medical opinion through Mindheal Online Consultation, you acknowledge and agree that:

o   The diagnosis you receive may be limited and provisional;

o    The medical opinion is not intended to replace a face-to-face visit with the Doctor just yet;

o   The Doctor is reliant on information provided by you and hence any information demonstrated to have been falsified will immediately render the opinion and all details therein null and void;

o   In certain diseases & conditions, the doctor may not have important information that is usually obtained through a physical examination and the absence of this information may affect the doctor's ability to diagnose your condition, disease or injury. 

o   In some cases, the consultant may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;

o   In rare cases, the consultant may feel that the query may not be answerable without physically examining the patient and the consult may be refused forthwith.

o   Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment;

o   In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information;

Security & Privacy

• Mindheal will take all necessary precautions to protect itself against failure of our equipment and our software. The Patient acknowledges and agrees that temporary interruptions in service may occur, and that Mindheal shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Patient acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. Mindheal may perform regular back-ups of all data stored, but shall have no liability to the Patient in the event all data is lost or destroyed. The Patient acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the services. 
• The Patient agrees that the Services, which include all software and documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent related material and other proprietary intellectual property and are the proprietary property of Mindheal Homeopathy Pvt. Ltd. They are protected by copyright, trade secret, patent laws and other proprietary rights and laws, and they may only be used or accessed as specifically provided for, in these Terms And Conditions.
• The Patient agrees that he/she will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. The Patient may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on it or in any manner commercially exploit the Services in whole or in part. The Patient agrees that violations by him/her in person, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections or these Terms And Conditions will be prosecuted to the fullest extent possible under the law in the courts located in Jurisdiction of Mumbai. The final choice of whether the Patient is in violation of any of these Terms And Conditions is at the sole discretion of Mindheal Homeopathy Pvt.Ltd. 
• Only for the duration of being logged into the Patient's valid Mindheal Account, the Patient is hereby granted a non-exclusive, non-transferable temporary license, subject to these Terms And Conditions. A valid Mindheal Account may only be created and maintained by a Patient who fully provides valid personal information about the Patient (himself) in the signup process. To maintain a valid account, the Patient must regularly update such information to assure its accuracy, and the Patient must always comply with these Terms And Conditions. The Patient is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
• Patients' right to use the Services is not transferable. Any password or right given to obtain information or documents from the site is not transferable. Mindheal may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of Patients. 
• Pursuant to these Terms And Conditions, a contractual relationship with the Patientes is agreed to being entered into within the jurisdiction of Mumbai, without giving effect to any choice of law rules or principles. This Contract shall be governed and construed in accordance with the laws of Mumbai and no party shall object to removal or prosecution of any litigation to a state court within Mumbai. Any cause of action or claim Patients may have with respect to Mindheal must be commenced within one (1) year after it arises, except to the extent such litigation is not enforceable.
• Patients may exercise following rights with respect to their protected health information, which they can exercise by presenting a written request to the Mindheal Patient Assistance Desk:

o   You have the right to ask for restrictions on the ways in which we use and disclose your health information for treatment, payment and health care operations. You may also request that we limit our disclosures to persons assisting your care. We will consider your request, but are not obliged to accept it.

o   You have the right to request that you receive communications containing your protected health information from us by alternative means or at alternative locations. For example, you may ask that we only contact you at home or by mail.

o   Except under certain circumstances, you have the right to inspect and copy medical, billing and other records used to make decisions about you. If you ask for copies of this information, we may charge you a nominal fee to cover the expenses incurred.

o   If you believe that information in your records is incorrect or incomplete, you have the right to ask for rectifications in the existing information or add missing information. Under certain circumstances, we may deny your request, such as when the information is accurate and complete.

o   You have a right to receive a list of certain instances when we may have used or disclosed your medical information. If you ask for this information from us more than once every twelve months, we may charge you a fee.

Payment procedure and refund policy

• All services offered by Mindheal are offered on a fixed/flat fee basis and are not subject to any discounts or negotiations.
• All fees have to be paid upfront before availing a particular service on the Mindheal portal.
• The Patient agrees to pay consultation fee, pursuant to the schedule of fees set forth on the Mindheal website.
• The Patient agrees that any unpaid balance due hereunder shall attract  interest at the rate of 30 % per annum and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance.
• Mindheal reserves the right to modify its fee structure at any time and implement the new fee structure at any time prior to billing the Patient for his or her initial payment or for future payments that are due pursuant to these Terms And Conditions.
• The Patient understands and agrees that all consultations cancelled with less than 12 hours notice will be charged the full consultation amount.
• Mindheal will make all possible efforts to provide you the best services for your payment. However, Mindheal shall not incur any liability and shall declare any service guarantee void in event of one or more of the following circumstances:

o   If you have not provided Mindheal with correct patient details including the patient�s name, address, telephone number, mobile number, details of treatment, Service Type Payment Account information, or the account information of the payee.

o   If, through no fault of Mindheal, your payment account does not contain sufficient funds to complete the transaction..

o   If the payment processing is not working properly, and you know or have been advised by Mindheal about the malfunction, before, at the time of, or immediately after you execute the transaction.

o   If circumstances beyond the control of Mindheal (such as, but not limited to, fire, flood, or interference from external forces) prevent proper execution of the transaction and Mindheal has taken reasonable precautions to avoid these circumstances.

o   In case of payment through credit card, if the details provided by user are inaccurate, incorrect or entered fraudulently.

o   If the user is in breach of any of the Terms and Conditions of this Agreement and/or the Terms and Conditions of the usage of Mindheal.

• Mindheal cannot assist with a stop payment request for any payment scheduled using a Payment Account credit card. In any such case, you must immediately and directly contact your credit card company.
• Post your payment, refunds are only applicable from Mindheals in the following situations:

o   According to the Terms and Conditions of payment to Mindheal, you can pay for Services offered by Mindheal via credit card, debit card or bank transfer. In the event that your credit/debit card is charged, but the doctor has to refuse the query due to unavoidable and extenuating circumstances, you will be offered a complete refund, if you so desire. The refund will be credited to your account within 7 - 14 working days.

o   If the charges were made in error, we will immediately credit the account or credit card account for the appropriate or corresponding amount.

o   In case your credit card/debit card/payment account has been accidentally over-charged, please notify Mindheal of the same at the earliest. Mindheal will refund the outstanding amount to your Payment Account within 7-14 working days. In the reverse scenario, if the transaction amount during payment of the fee happens to be less than the actual fee amount, Mindheal will debit the outstanding amount from your Payment Account and notify you of the same.

o   Once a query has been put forth to the doctor, and has been accepted by the doctor, fee charges for the query will not be revoked under any circumstances.

• Mindheal will not, under any circumstances, issue cash refunds or credits for early contract cancellation or refund payment for any consultation, once charged. If the Patient has a question about charges made to the account, he or she should contact us immediately.
• In the majority of cases, there is NO other situation under which Mindheal will provide a refund, except for the condition expressly mentioned above. In exceptional circumstances, Mindheal team will work with you to reach a mutually acceptable solution. Mindheal intends to be objective, fair and reasonable in resolving such situations in order to maintain a positive and harmonious relationship with its Patients.
• Appointment with doctor will be scheduled and intimated to patients only after fees are received in the bank account of MIndheal, which takes around 48 hours after the patient has made payment online.