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TERMS AND CONDITIONS
FOR USING VITAL X HEALTH WEBSITE AND APPLICATION
At Vital X Health 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.
Anytime, if you want to leave this page, click the link below to visit Vital X Health main page.
As used in this Agreement,
1- “We,” “us,” “our” and “Vital X Health” means Vital X Health or Kiara Caresworth Private Limited.
2- The use of “GP,” “partnered doctors, medical labs, and hospitals,” “Network doctors, labs, and hospitals,” and “our healthcare associates” means the doctors, specialists, General Practitioners, and hospitals which are collaborated with Vital X Health or Kiara Caresworth Private Limited to deliver quality healthcare services to you.
3- The use of “Vital X Health Platform,” “Mobile App,” and “App” mean the Healthcare Mobile Application created and developed by Vital X Health or Kiara Caresworth Private Limited.
4- “You” or “your” shall mean individuals or entities accessing the Vital X Health Platform/ Mobile Application (defined below).
5- “Clinical Services” mean the services which Vital X Health Platform delivers to the users/ patients/ customers by offering paid health plans through partnered doctors, medical labs, and hospitals.
Vital X Health or Kiara Caresworth Private Limited Healthcare Services Limited, a limited company registered in India (Corporate Identity Number U85100UP2018PTC100573), the registered office being 55 Gajanan Nagar, Shahganj, Agra, Uttar Pradesh, India 282010.
These terms also cover the related websites as set out below (“Website”): www.vitalxhealth.com/terms/
Vital X Health is engaged in the business of providing various health and wellness services at your doorstep and convenience through multiple platforms including the internet, mobile and/or telephone (“Vital X Health Mobile Application”) and scheduling in-patient visit to our partnered doctors and hospitals. Vital X Health Platforms can be accessed through our Internet resource or at www.vitalxhealth.com or through our Mobile application. The various healthcare services offered through Vital X Health Platform (Mobile App) include Telemedicine, Home Visit Diagnostics, Home Care – Doctors/Nurses/Physiotherapists, Home Delivery of Medicines, Hospital Admission Facilitation to Vital X Health Network hospitals and such other services as may be provided from time to time (“Services”). Certain of these Services such as Hospital Services, Diagnostics, Pharmacy are offered by third party healthcare service providers (“partnered doctors, medical labs, and hospitals”) and Vital X Health merely facilitates the interaction between users/customers/patients and partnered doctors, medical labs and hospitals through Vital X Health Platform.
Liability/ Medical Negligence/ Medical Malpractice/ Criminal Negligence
Vital X Health merely facilitates the interaction between users/customers/patients and partnered doctors, medical labs, and hospitals through Vital X Health Platform. The Network doctors, labs, and hospitals or our healthcare associates shall be solely responsible for any kind of medical negligence, criminal negligence or medical malpractice that arises during or aftr the treatment from the patient using the Vital X Health Platform. Vital X Health or Kiara Caresworth Private Limited holds no responsibility in negligence caused by Network doctors, labs, hospitals. No indemnity insurance or monetary assistance is provided from Vital X Health or Kiara Caresworth Private Limited to any doctor, lab or any other healthcare associates.
Vital X Health is committed to provide quality healthcare services from the Medical Council registered bodies. However, it is the responsibility of the users/customers/patients for cross-checking the authenticity of the healthcare associates of Vital X Health like- name, medical specialty, degree, registration number and registration council, proof of address, experience in years or any other similar certifications.
When you use our Services, our healthcare practitioners will serve you from India.
These terms include details on our complaints procedure and what is required from you to provide the Services. You will be asked to accept these as part of your account registration. We may update the terms from time to time, and if your rights change we will always notify you of this.
The way we work is simple: we’re here to serve you and will always do the right thing to ensure you have the best possible experience. We hold ourselves to the highest legal and ethical standards and we will never jeopardize your trust in us by failing to live up to these ideals. We value hearing from you so if you have any questions or ideas, or if you need to provide notice to us, don’t hesitate to get in touch through email at firstname.lastname@example.org
We would like to remind you that:
- We provide health and medical advice via our video and audio doctor consultations.
- We provide information services via our digital healthcare tools and Care Coach. The output from these does not constitute medical advice, diagnosis or treatment. You should always talk to a qualified medical professional about any questions you may have about a medical condition. If you think you have a medical emergency, you should call your doctor or the emergency services immediately.
- Some conditions are not suitable for remote advice and we recommend that you check our FAQs prior to use of the services which may help you in assessing their suitability in relation to your symptoms.
- We need certain information from you in order to provide services.
- We can’t take responsibility for laws outside India and governing access to our services. Some of our services are specifically designed for use in India and if you use them elsewhere you should check in your country or region that it is appropriate and lawful for you to do so.
- The App is not suitable for managing medical emergencies.
- The App is not suitable for unrestricted use by persons under 18.
Eligibility for use of Vital X Health Platform
This is a legally binding agreement and can only be agreed if you are eligible to enter into a contract as per the Indian Contract Act, 1872. We reserve the right to terminate your membership and/or refuse to provide access to the Vital X Health Platform and services if it is brought to our notice or if it is discovered that you are not eligible to enter into a contract as per applicable laws.
Your Account and Registration Obligations
While using the Vital X Health Platform, you shall maintain confidentiality and secure the details of your account including display name and password. You will be responsible for all the activities that may occur in your name and registered membership. You will be responsible for providing accurate and correct information pertaining to you and you will be responsible for updating the same upon any modification. You should inform us immediately if you know or have any reason to believe that your password has/is being used in an unauthorized manner. We reserve the right to cancel or suspend your membership.
Content on Website/Mobile App
1- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork available on the Vital X Health Platform (collectively, “Content“), is either owned by us or by a third party user and we have no control or rights over such third party user content.
2- All the information, feedbacks, reviews on vitalxhealth.com or other users of the Vital X Health Platform is for information purposes only and does not constitute professional advice. We do not represent or endorse the accuracy or reliability of any content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk.
3- No part of the Content shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, or used without authorization of Vital X Health
Conditions for Use of Vital X Health Platform
You agree, undertake and confirm that the use of Vital X Health Platform shall be subject to the following terms:
1- You shall not host, display, upload, modify, publish, transmit, update or share any information on the Vital X Health Platform that:
a- belongs to another person and to which you do not have any right to;
b- 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;
c- harmful to any person in any way;
d- violate any applicable law for the time being in force;
e- infringes any patent, trademark, copyright or other proprietary rights;
f- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g- impersonate another person; send, circulate or perpetrate any information or data which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
h- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
2-You shall not:
a- make any representation which is misleading in any way;
b- engage in commercial activities through Vital X Health Platform without the prior consent of Vital X Health; or
c- engage in any action that imposes an unreasonable or disproportionately large load on the IT infrastructure of Vital X Health or interferes with its functioning.
Responsibility or User-Provided Content:
The Vital X Health Platform may include a variety of features, such as discussion forums, blogs, photo and Video Sharing pages, e-mail services and social networking features that allow feedback to us or allow rating of Vital X Health Associates and allow users to interact with each other on the Site or to post content and materials for display on the Website/Mobile App. The Website/Mobile App also may include other features, such as personalized home care.
The Vital X Health WEBSITE or Mobile App may include a variety of features, such as discussion forums, blogs and social networking features that allow feedback to us and may also allow users to interact with each other on the Website or Mobile App to post content and materials for display on the WEBSITE/MobileApp.
By accessing and using any such features, you irrevocably agree:
1-that you have read and agree to abide by our Community Rules as set forth on this page;
2-that you are the owner of any materials you post or submit, or are making your posting or submission with the express consent of the owner of the materials;
3-that you are 18 years of age or older; and
You alone are responsible for the materials you post on discussion forums, blogs or on other areas of the WEBSITE/MobileApp.
We have the right at all times, in our sole discretion, to screen content submitted by users and to edit, moderate, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate, whether for legal or other reasons. However, we are under no obligation to monitor any discussion forums, blogs or other areas of the Website or Mobile Appthrough which users can supply information or materials.
You acknowledge and agree that we may preserve content and materials submitted by you and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to:
1- comply with legal process;
2- enforce these Terms of Service;
3- to claims that any content or materials submitted by you violate the rights of third parties; or
4- Protect the rights, property, or personal safety of our WEBSITE/MobileApp, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public.
By accessing and using any such features in discussion forums, social networking pages and blogs etc., you agree that you will be courteous, stay on topic and post your own content and will not:
- Restrict or inhibit any other user from using and enjoying the WEBSITE/MobileApp.
- to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Do not use the Website or Mobile App to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising
- Use the Website or Mobile App to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval from us.
- Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the WEBSITE/MobileApp
- Contact anyone who has asked not to be contacted
- Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users.
- Repeatedly post the same or similar content
We reserve the right to deny access to the Website or Mobile App or any features of the Website or Mobile App to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our Website or Mobile App or infringes the rights of others.
- Services offered including limitations thereto are fully described in Website or Mobile App Policies, Consent Letters etc.,(“Policies”) available on our Website or Mobile App. By accessing the Vital X Health Platform or availing the Services or by registering with us, you signify that you agree to these terms and conditions and the Policies.
- If you avail any of the Services offered by our Healthcare Associates, 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.
- This Agreement and the Policies are subject to change from time to time, at the option of Vital X Health. Changes to the policies shall be notified on the Website or Mobile App stating that the terms are new/modified and the site on which they were updated. You understand that your use of the Services constitutes your agreement to follow and be bound by the most recent version of the Policies. We will intimate the changes to our Policies and Terms, through email, SMS and post, as per the details provided by you. Please make sure you provide a valid email-id and contact information and you update it as and when needed.
- If the terms of our Services or the Policies (including changes thereto) are not acceptable to you, you have the absolute right to terminate the use of the Services. Your use of the Vital X Health Platform after any amendment to the Terms and Policies shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
- We reserve the right at all times to disclose any information (including the identity of the persons providing information or materials on the Vital X Health Platform) as necessary to satisfy any law, regulation or valid government request.
- We reserve the right, but have no obligation, to monitor the materials posted on the Vital X Health Platform. We shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Agreement.
- Vital X Health is not liable either directly or indirectly for the actions of unauthorized persons resulting in transmission of offensive, non-public, sensitive or obscene materials on the Vital X Health Platform.
About us and our services
We provide clinical services via health plans executed by our partnered doctors, medical labs and hospitals through Vital X Health Platform (“Clinical Services”), and information services through our digital healthcare tools and Care Coach. Our Services include healthcare consultations, digital healthcare software services and information services.
Our Clinical Services are provided using qualified medical professionals (“partnered doctors, medical labs and hospitals”) based in India.
What our services cover, and what you need to check yourself when you use our services
- We provide our services using our App and scheduling in-patient visit, and communication methods such as telemedicine. Our services include:
- remote video and voice consultations/ Telemedicine with our partnered doctors, medical labs and hospitals;
- the ability to enter questions and receive answers from the Care Coach via Chat messenger about healthcare and triage information;
- the ability to ask questions of our healthcare professionals;
- where appropriate through use of our Clinical Services, our doctors may prescribe medicines;
- access to healthcare records we hold; and
- access to other digital healthcare tools that provide health and lifestyle information.
- Some medical conditions are not suitable for remote consultations via our Clinical Services, and you should always seek advice from a medical practitioner in person if you are unsure about whether you have been able to explain or communicate your medical needs through our Clinical Services, or if you have any concerns about the advice you receive from us or if it is different from other advice you have received. All services are currently only provided in English.
- You should not use our services in an emergency, or if you have a condition that you know will require a physical examination.
- Except for our Clinical Services where we provide medical advice, all our other services, such as our Care Coach, provide healthcare information and not medical advice, diagnosis and/or treatment. They provide information to you based on information entered. They do not diagnose your own health condition or make treatment recommendations for you. Our information services are not a substitute for a doctor or other healthcare professional. You shouldn’t take or stop taking any action (such as taking medicines) based on information from our information services. We make no warranties in relation to the output of our information services.
- If you use the Private Service or information services, we strongly encourage you to discuss any information you receive from us with your GP or usual medical practitioner.
- We provide our Clinical Services using reasonable skill and care from appropriately qualified, and experienced, staff and Practitioners. If you think that our services have not met this standard, please contact us as soon as possible. We will fix or re-perform, without charge, any services we agree do not meet this standard.
- Our partnered doctors, medical labs, and hospitals are registered with the respectable governing bodies, who have committed to provide services in accordance with the clinical best practice and applicable professional standards.
- Our partnered doctors, medical labs, and hospitals will not prescribe medicines unless it is, in their judgement, in their patient’s best interests.
WHAT WE NEED FROM YOU IN ORDER TO PROVIDE SERVICES
We can’t provide our services without certain information and other things from you
- We can only provide the services in accordance with these terms if you provide us with the information we need in order to help you. You must be careful that:
- any information you give to us or Our partnered doctors, medical labs, and hospitals, or enter into the App is accurate and in English;
- if you have any concerns about the information we provide you or any information in the App or the Websites, you seek further medical advice;
- you follow any instructions you are given by Our partnered doctors, medical labs, and hospitals;
- you follow any instructions regarding the use of any medicines or healthcare products Our partnered doctors, medical labs, and hospitals recommend or prescribe (including in respect of use-by dates);
- you report any adverse or unexpected effects of treatments Our partnered doctors, medical labs, and hospitals recommend to us;
- you keep any medicines Our partnered doctors, medical labs, and hospitals give you securely and do not allow others (especially children) to use them;
- you tell us if any of our information about you is or becomes inaccurate or incomplete; and
- you use our services only for yourself.
- We rely on an accurate record of your use of services in order to do this. Please do not, therefore, register more than once for our services.
TECHNICAL REQUIREMENTS FOR USING THE APP
The App includes software provided by people other than the Company and uses certain data that you provide to it in order to work
- The App operates only on iPhone version 4S or higher running iOS 10 or higher, or Android-enabled phones running Android v4.3 or higher. It requires a consistent 4G or faster data connection and does not operate reliably on 3G, GPRS or EDGE connections.
- We recommend that if you are using a wireless network to access the App, you avoid use of public wi-fi facilities in favour of a personal wi-fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti-virus and anti-malware software.
- From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
REGULATION OF OUR SERVICES
Accessing our services outside India
- Our services are available to adults ONLY.
- Our Clinical Services (video and/or audio appointments/ in-patient visits with our Practitioners) are designed by the healthcare experts (providing a complete proactive care co-ordination plan for every need).
- If you are accessing our services from outside India, you should check whether it is lawful to access our services in the territory where you are.
CHILDREN AND OUR SERVICES
- Our services are available to adults ONLY. We may suspend services or terminate user accounts if we reasonably suspect that they are being used for the children.
We offer private testing services
- Patients should discuss any necessary tests with their GP which may be able to be offered by the third party/ partner labs or Our partnered doctors, medical labs, and hospitals. The lab tests listed in the selected health plan will be free of charge. Any extra lab tests or imaging services not mentioned in the selected health plan will attract extra charges, as applicable.
- The partner laboratory is a separate entity from us and to the extent permitted by law we disclaim any liability for any acts or omissions of the partner laboratory.
- By ordering any Tests, you agree to comply with any instructions provided in relation to the Tests including in relation to the booking and administration of Tests, receipt and provision of Test materials and samples (including delivery by post or attendance in person at Test facilities) and payment.
- You understand and acknowledge that prior to Test results being made available to you within the App, you may be requested to undertake and pay for an additional consultation with Our partnered doctors, medical labs, and hospitals.
- The prices will be displayed within the App and you agree to those at the time of ordering. Certain pathology services – for example, if you elect to contact a Test centre to undertake a Test independently – may incur charges in addition to those listed in the App and you acknowledge and agree that such additional fees as required may be payable.
- Results of the lab tests will be delivered to you through the email and hard copy. Tests to be administered at a drop in Test centre will be subject to the terms and conditions of that centre and the opening hours of that centre.
- If you elect to arrange an appointment to attend a Test centre for the Test to be undertaken, or to contact a Test centre to enable you to arrange to undertake a Test independently, then we shall use reasonable efforts to assist you but cannot guarantee the availability of the services from the Test centre and is not liable for the acts or omissions of the Test centre.
- The Company will use reasonable efforts to process any orders for Test services within 2 business days and the time limits set out above start running from the end of that processing period.
- It may not be appropriate for some Tests to be self-administered, in which case they may not be available for delivery and must be conducted by a registered medical practitioner or nurse.
- You cannot order Tests anywhere outside India.
What our Monitoring service does, what you can rely on it to provide, and when you shouldn’t use it
- The App is able to display data resulting from clinical investigation, other clinical data and other fitness and wellness related data regarding you for monitoring (“Monitoring”).
- 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.
- 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 a consultation, or the data you’ve emailed to us.
- 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.
- 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.
- Monitoring may make use of data feeds from third party providers which 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.
- 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.
OTHER LIMITS ON OUR SERVICE
Other limitations and restrictions on the use of services
- We do not guarantee the availability of any particular Practitioner at any particular time. We will do what we can to arrange a consultation with a Practitioner as soon as possible, but do not guarantee to offer consultations within a particular time. Consultations generally are limited to 5-minutes to 10-minutes duration (with general practitioners and specialist clinicians).
- Other than for our Clinical Services, if you choose to submit details about your symptoms to the Care Coach, the information returned is on the basis of general healthcare information and not as personalized health advice for you. Where the information returned indicates that the symptoms/ issues entered suggest further medical advice is necessary, you acknowledge that you are responsible for seeking such advice from your GP or another medical professional which are not Vital X Health partnered doctors, medical labs, and hospitals.
- Our partnered doctors, medical labs, and hospitals may hold different clinical opinions on the same medical condition or symptoms and, provided these opinions are reasonably held, the fact that two or more healthcare associates give different opinions in the course of service provision does not necessarily indicate that our services are defective.
- We do not tolerate abuse or offensive behavior towards our partnered doctors, medical labs, and hospitals.
- We may need to ask you for certain personal information in order to provide our services. If you do not provide this information when requested, we may be unable to provide our services.
- The App has not been developed to meet your individual requirements. It is, therefore, your responsibility to ensure that the facilities and functions of the App meet your requirements.
- While certain information controlled, generated by, displayed within or stored in the App may be helpful in providing warning of certain medical or health conditions or circumstances, the App is not designed as, nor may you use it as, a device to detect, diagnose, treat or monitor any medical or health condition or to establish the existence or absence of any medical or health condition.
- We may suspend your access to services or terminate your account with us if your use of services breaches any of these terms.
ACCESSING OUR SERVICES
How to access our services, and limitations and other terms concerning access
- Make sure you have a fast internet speed connection before you attempt a video calling session with the doctor online at Vital X Health mobile app. Failure of your connection before, during or after the call will not be entertained. However, if you wish to raise the dispute for charges against your failed video calling with the doctor, you can call our office or shoot an email at email@example.com. We will then put the dispute in front of the doctor who was on the call with you. In case if the doctor denies to refund you back, Vital X Health will not be responsible for the same.
- Our services are accessed remotely using the internet, data networks, and devices which can access the internet (“Infrastructure“) and operate the App and our Websites. We make the App and our Websites available for access using the infrastructure, but are not responsible for Infrastructure ourselves. If you wish to use the services, you should ensure you have an internet-enabled device and a sufficient internet connection available.
- Technical or security threats or issues affecting the Infrastructure 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, unless they exceed 30 days in aggregate in any 12 month period, in which event you may cancel your agreement with us.
- When you use the App or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information through the App as is necessary to deliver the services to you.
- We operate anti-virus and malicious software prevention measures on the Websites and our App, but we cannot guarantee that our services will always be virus-free. You should ensure that your devices used to access services are protected against viruses and malicious software. You must not use or expose the App or the Websites to virus or malicious software contamination.
- You must not attempt to gain unauthorised access to the services, App or Websites. Installation of the App on a device that has had its operating system compromised by the process of Jailbreaking (Apple iOS) or Rooting (Android) is not permitted and may result in the security of your personal data being compromised.
HOW WE MAY USE YOUR PERSONAL INFORMATION
How we use your information
We do not record consultations and this explains why
- We do not record your consultations with us. Recording private doctor-patient conversation can cause much harm than good.
LIMITATIONS ON SERVICE PROVISION
Sometimes, you will not be able to receive services – this section explains why
- We may not be able to provide our services if they are affected by events outside our control. We are not responsible to you if this happens, but if it does, we will notify you as soon as we can and take the steps that we reasonably can to minimize the interruption to our services.
- If there is the risk of a delay of more than 30 days in aggregate in any 12 month period to service performance, you may cancel your agreement with us (and we may do the same).
OUR LIABILITY TO YOU
Because these terms are part of a binding legal agreement, we must compensate you for the loss you suffer if our service doesn’t comply with these terms. However, we don’t compensate you for all losses. This section is important as it explains those things.
- If we break any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaking of these terms.
- We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaking these terms. Nor will we be liable for indirect, incidental, special or consequential damages.
- Other than our Clinical Services, our software and services are provided on an ‘as is’ basis without a warranty of any kind being provided by us.
- We are responsible for compensating you for personal injury or death caused by our negligence or that of our Practitioners or employees, and for defective products where we are legally responsible for their supply. Subject to doing this, and subject to applicable law, we will not be liable to you for an amount greater than the fees paid to us by you.
- If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not used our reasonable skill and care, we will compensate you or repair the device or content (at our election).
- We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms.
- We supply the services for private personal use and we are not responsible for any losses you suffer arising out of the use of the services which are business losses.
- We design our services, the App and the Websites to keep your personal health data secure and it is important that you follow the usage instructions and advice in these terms in order to keep your data safe. We are not liable for loss or unauthorised access to your data where it results from you not following these instructions and advice.
Vital X Health 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.
Vital X Health Services and Products through its Website or Mobile App are provided “as is” without any representations or warranties, express or implied except to the extent specifically provided or agreed with Vital X Health. Vital X Health makes no representations or warranties in relation to this Website or Mobile App or the information and materials provided on this website/mobile app.
Without prejudice to the generality of the foregoing paragraph, Vital X Health does not warrant that:
This Website or Mobile App will be constantly available, or available at all; or The information on this Website or Mobile App is complete, true, accurate or non-misleading.
Nothing on this Website or Mobile App constitutes, or is meant to constitute or advice of any prescription, drug products, or any treatment. The customer shall consult his/her physician for a formal prescription before using any of the suggested services, drugs/ medication.
Healthcare Collaboration Business Agreement – Doctors
- Business Agreement – Business Agreement is a Service Agreement between Kiara Caresworth Private Limited and Business Associate and it defines the rights and responsibilities of each party with respect to Protected Health Information as defined in the PHI (Personal Health Information) or Electronic Health Record (EHR) Standards – 2016 for India with respect to the provision of the Services.
- Service Agreement– Agreement entered between Company and Business Associates for health services and to which this Business Associate Addendum is part thereof.
- Company– Kiara Caresworth Private Limited, party to the service agreement, provides software and/or services (collectively, the “Services”) to Business Associates with offline and online proactive healthcare plans in various chronic health problems.
- Business Associate– Individual, Company or any organization who is legally permissible to enter into a contract and who comply with conditions to become a Business Associate as per this Addendum and who is the party to the service agreement
- HIPAA– Electronic Health Record (EHR) Standards, 2016 for India with respect to the provision of the Services.
- PHI– Personal Health Information
- Effective Date- Date on which service agreement is entered into by Company and Business Associate.
Parties to Agreement
THIS HEALTHCARE COLLABORATION BUSINESS AGREEMENT (this “Agreement”) is by and between
Vital X Health unit of Kiara Caresworth Private Limited having its Registered Office at 55, Gajanan Nagar, Shahganj, Agra through its Director Dr Navneet Goyal S/o Late Shri Nand Kishore Goyal hereinafter referred to as “Company” (which term unless repugnant to the context shall include its executors of the present constituents, Directors and their successors, executors, administrators and assigns) of the Part First.
Mr/ Dr downloading and using the mobile app labeled under Doctor. Hereinafter referred to as “Business Associate” (which expression shall be deemed include legal heirs, successors and executors and administrators of the present constituents) of the Second Part.
Whereas the company is in the business of offering integrated online, offline and telephone-based personal healthcare services by using a suite of own workflow tools through mobile application like, chat, online consultations, telemedicine, interactive games and measuring metrics for continuous chronic disease care management and learning, also partnering with various healthcare sub sections for providing urgent care, care at home, retail clinic including lab tests and imaging services with help of professionals in various medical specialties, health specialties, health care providers and health consultants and with object to score up their turnover requires the services of Second Party to act as their Business Associate.
Now therefore, it is agreed between both the parties as follows :
Obligations and Activities of Business Associates
- Use and Disclosure of Protected Health Information. Business Associate being party to this agreement agrees not to use or disclose Protected Health Information other than as permitted by the Services Agreement or this Addendum, or as required by Law.
- Appropriate Safeguards. Business Associate agrees to use reasonable and appropriate administrative, physical, and technical safeguards to prevent the use or disclosure of the Protected Health Information other than as provided for by the Services Agreement or this Addendum, consistent with the requirements of the Security Rule (with respect to Electronic PHI). To the extent Business Associate is to carry out one or more of Company’s obligation(s) under the Privacy Rule, Business Associate may not use or disclose Protected Health Information in a manner that would violate the Privacy Rule if done by Company.
- Reporting of Breaches and Impermissible Uses and Disclosures. Business Associate agrees to report to Company any: (i) Breach of Unsecured PHI; and (ii) use or disclosure of PHI not provided for by this Addendum of which it becomes aware of.
- Reporting of Security Incidents.Business Associate agrees to report to Company any Security Incident of which it becomes aware of, however, continuing notice is hereby deemed provided, and no further notice will be provided, for Unsuccessful Security Incidents. For purposes of this Addendum, “Unsuccessful Security Incidents” shall include, but not be limited to, pings and other broadcast attacks on a firewall, unsuccessful login attempts, denial of service attacks, port scans, and any combination of the above, provided that no such incident results in an unauthorized access, use, or disclosure of Electronic PHI.
- Business Associate agrees to ensure that any agent, including a subcontractor to whom it provides Protected Health Information, shall agree, in writing, to restrictions and conditions at least as stringent as those that apply to Business Associate under this Addendum, including complying with the applicable Security Rule requirements with respect to Electronic PHI.
- Company Access and Amendment. All Protected Health Information maintained by Business Associate in a Designated Record Set for Company will be available to Company, upon Company’s request, in a time and manner that reasonably allows Company to comply with the requirements. Business Associate shall not be obligated to provide any such information directly to any Individual or person other than to Company. To the extent an Individual or any business entity makes an access and/or amendment request seeking information directly to Business Associate, Business Associate shall promptly forward the request to Company.
- Access to Books and Records. Business Associate agrees to make internal practices, books, and records available to the team of Vital X Health or Kiara Caresworth Private Limited, in a time and manner designated by the Company.
- Accounting. In the event that Business Associate makes disclosures of Protected Health Information to Individuals or any person other than to Company (as permitted anywhere in this Addendum or permitted by law), it shall document the disclosure as would be required for Company to respond to a request by an Individual for an accounting of disclosures, and shall provide such documentation to Company promptly upon request.
Services and Offerings
- Health Plans: The patient can sign up for the desired health plan which may consists of scheduled consultation in the form of in-patient visit to the selected doctor’s clinic or hospital (Offline), or audio-video tele-consultation over the mobile phone (Online).
- Offline in-patient consultation: Every offline in-patient visit to your office will be scheduled by our team and notified to your clinic staff in advance. In-case of any changes in your schedule, we expect your office staff to prompt us with the same, which will be conveyed to the patient too. We would like to have a quick check-in for these patients with minimum waiting hours in your clinic.
- Fees for Offline- in – Patient Consultation: The fees towards the consultation will be added to your account balance after the patient notifies our team regarding the completion of the appointment. Please read the Fees and Accounts section for details regarding your fees and payouts.
- Online audio-video tele-consultation: We are committed to serve our patients with Online audio-video Tele-consultation through our mobile app. Doctors can receive the requests for online audio-video tele-consultations from the patients anytime anywhere, provided they have a secure and fast internet connection. The doctors will be required to write an e-prescription after the online tele-consultation is done. You can also view the patient’s medical history and vital records by clicking on the patient’s screen, you have just consulted. If you have nothing to prescribe, please mention ‘NA’ in the placeholder for drug.
- Fees Online audio-video tele-consultation The fees towards the consultation will be added to your account balance after the patient notifies our team regarding the completion of the appointment.
Fees & Accounts
After the confirmation of the checkup/consultation from the patient’s end, we will credit the amount agreed as per this agreement into your virtual account with Vital X Health. However, the added amount will be processed as a monthly payout at the end of every month.
6. Online audio-video tele-consultation: The fees for all the specialist and doctors for Online audio-video Tele-consultation is set by you when you first register to the Vital X health app. However, you can always change the Online fees per online consultation anytime from your Profile in the Vital X Health app. Each online video call will last maximum for 10 minutes. If the patient takes longer than 10 minutes, he shall be charged for extra consultation. We wish to inform you that, Vital X Health or Kiara Caresworth Private Limited shall charge flat commission on the online consultation fees you earn through online audio-video tele-consultations. This is required for keeping up the software costs running and payment gateway charges in addition to the taxes we need to pay.
Only those doctors will be visible online to the patients who have actually marked them as ‘AVAILBALE’ on their mobile app dashboard. However, if you don’t wish to take any online tele-consultations, please switch off the button to ‘NOT AVAILABLE’ at any time on your app dashboard, and your profile will not be shown to the patients looking for the online tele-consultations. Vital X Health or Kiara Caresworth Private Limited will not be responsible for untimely video calls received to your phone, or no video calls received to your end due to your switching over to “Not Available” mode.
Profile, Indemnity & Documents
You are responsible for the authenticity of the documents you upload to declare your name, medical specialty, degree, registration number and registration council, proof of address, and experience in years.
You are responsible for maintain and update your profile on our Vital X Health mobile app like change of email, phone number, password, fees, etc. Vital X Health or Kiara Caresworth Private Limited will not be responsible for any discrepancy arising because of lost phone or hacked email id.
You shall be solely responsible for any kind of medical negligence or criminal negligence that arises from the patient who is or was under your treatment. Vital X Health or Kiara Caresworth Private Limited holds no responsibility in negligence occurred at your end. No indemnity insurance is provided from Vital X Health or Kiara Caresworth Private Limited to any doctor, lab or any other healthcare business associate.
Access & Permissions
Use for Administration of Business Associate.Except as otherwise limited in this Addendum, Business Associate may use Protected Health Information obtained to provide the Services for the proper management and administration of Business Associate and to carry out the legal responsibilities of Business Associate.
Disclosure for Administration of Business Associate. Except as otherwise limited in this Addendum, Business Associate may disclose Protected Health Information for the proper management and administration of Business Associate, provided that (i) disclosures are Required by Law, or (ii) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person, and the person notifies Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
- Use for Data Aggregation Services to Company.Business Associate may provide data aggregation services relating to the health care operations of Company.
- De-identified Data. Business Associate may de-identify Protected Health Information in and use and disclose such de-identified data for its business purposes, including to provide reporting and other services to Company.
- Data Security. Company will use appropriate safeguards to maintain the confidentiality, privacy and security of PHI when transmitting it to Business Associate pursuant to this Addendum. Company agrees to comply with any data security safeguards assigned to Company in any Services Agreement.
- Privacy Notice. Company shall notify Business Associate of any limitations in Company’s notice of privacy to the extent that such limitations may affect Business Associate’s use or disclosure of Protected Health Information.
- Changes of Permission of Individual. Company shall notify Business Associate of any changes in, or revocation of, permission by/to Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate’s use or disclosure of Protected Health Information.
- Restrictions on Use or Disclosure. Company shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information that Company has agreed to, to the extent that such restriction may affect Business Associate’s use or disclosure of Protected Health Information.
- Requested Uses and Disclosures. Company agrees that it will not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Company.
- Permissions Company warrants that it has obtained all necessary authorizations, consents, and other permissions that may be required under applicable law prior to placing data, including without limitation PHI, on Business Associate’s systems.
Term & Termination
Term The Term of this agreement shall commence on the Effective Date. This Agreement shall terminate without any further action upon the termination or expiration of the Services Agreement. Notwithstanding anything to the contrary, in the event that Company requires Business Associate to retain the Protected Health Information after termination of the Services Agreement, this agreement shall survive for as long as storage of information by Business Associate is required and Company shall bear the reasonable cost of storage of such Protected Health Information for as long as storage of information by Business Associate is required.
Termination. If either party learns of a pattern of activity or practice of the other party that constitutes a material breach or violation of this Addendum then non-breaching party shall provide written notice of the breach or violation to the other party that specifies the nature of the breach or violation. The other party must cure the breach or end the violation on or before thirty (30) days after receipt of the written notice. In the absence of a cure reasonably satisfactory to the non-breaching party within the specified time frame, or in the event the breach is reasonably incapable of cure, then non-breaching party may terminate this Addendum and the Services Agreement.
Effect of Termination. Upon termination of the Service Agreement for any reason, Business Associate shall return or destroy all Protected Health Information not necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities. In the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall provide Company notification of the conditions that make return or destruction infeasible. Business Associate shall extend the protections of this Addendum to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information.
Amendment. Each party agrees to take such action as is reasonably necessary to amend this Agreement from time to time as is necessary for Company and Business Associate to comply with the requirements of HIPAA or Electronic Health Record (EHR) Standards – 2016 for India as they may be amended from time to time; provided, however, that if such an amendment would materially increase the cost of Business Associate providing service under this Addendum, Business Associate shall have the option to terminate this Addendum on thirty (30) days advance notice to Company or any other business Associate to this agreement.
Interpretation. Any ambiguity in this Addendum shall be resolved to permit either Business Associate or Company to comply with HIPAA or Electronic Health Record (EHR) Standards – 2016 for India.
Independent Contractor. Business Associate and Company are and shall remain independent contractors throughout the term. Nothing in this agreement shall be construed to constitute Business Associate and Company as partners, joint venturers, agents or anything other than independent contractors.
The terms of this agreement are hereby incorporated into the Services Agreement. In the event of a conflict between the terms of this Addendum and the terms of the Services Agreement, the terms of this Addendum shall prevail.
That both the parties agree that the courts in the city of Agra alone shall have jurisdiction to entertain any legal proceedings in respect of anything from this agreement.
This agreement covers entire understanding between the parties. No alteration / variation of any terms of this deed shall be valid unless made with the consent of both the parties and or their authorized representatives.
All notices and other communication to be given in writing by registered port or hand delivery against acknowledgement to the addresses of the respective parties.
It is mutually agreed between the parties, that in the event of any dispute or differences in the matter of interpretation, execution or carrying out the objects and functions under this Agreement, the same shall be referred to a sole arbitrator within two months from the date of any dispute who shall be appointed with joint consent of the parties herein. In the event of the parties failing to agree to a sole arbitrator, each party shall nominate an arbitrator and then arbitrators shall appoint a third arbitrator. The provisions of the Arbitration and Conciliation Act of 1996 shall apply to the proceedings which shall be conducted in English and Hindi and the suits of such proceedings shall be at Agra. The Services Agreement together with this Addendum constitutes the entire agreement between the parties with respect to the subject matter contained herein, and this Addendum supersedes and replaces any former usiness associate agreement or addendum entered into by the parties.
#55, Gajanan Nagar, Shahganj,
Agra – 282010, Uttar Pradesh
Call Hellpline – 0562-2210222