Terms and Conditions
PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE. YOUR REGISTERING BELOW SHALL BE CONSIDERED AS ACCEPTANCE OF THESE USER TERMS AND CONDITIONS FOR USAGE
“Metanoa”, the web site and its associated web portals, Mobile/tablet APPs and IT applications thereof, are owned by Metanoa Labs Pvt Ltd, and are sold and/or licensed by Metanoa Labs subsidiaries, affiliates and/or resellers, hereafter referred to as “Metanoa Labs”.
“Metanoa” is an Internet based technology platform that attempts to connect providers of health services (hereafter referred to as “Healthcare Service Provider”) and users (hereafter referred to as “you”).
By Signing up for the Metanoa service on creation of a user account on the website, you are agreeing to abide by the terms and conditions mentioned hereunder.
THE CONTRACT
You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and Conditions to register for the Service and the Application.
Metanoa does not provide any medical advice or service. We are merely a Technology Solution provider and this contract is for the use of technology and tools provided by Metanoa, which may be revoked by Metanoa without prior notice via email or SMS. Currently there is no license or usage fee charged by Metanoa for the Technology and Tools provided, however Metanoa reserves the right to impose a fee for data storage and or for usage of the Technology, Tools, Platform or Services or any new features that may be added any time at Metanoa’s discretion and may amend this policy from time to time with prior notice. Metanoa reserves the rights to discontinue in its sole discretion, any of the services provided on “Metanoa” to any user at any time. If you disagree with changes in terms and conditions of Metanoa at any time or they are unacceptable to you, you may cancel your subscription to the service or terminate your account at any time but Metanoa will not refund any fees already paid by you, if any. On such termination, you shall have no more claims on your personal data stored on “Metanoa” or any response/content posted by you or on your behalf on any other user/ Healthcare Provider, current or terminated, that you may have interacted with via “Metanoa”. “Metanoa” will not be responsible for providing this data in any form to your or to any third party service or provider.
The Doctor/Healthcare Service Provider decides the fees charged per consultation. Metanoa is only acting as an intermediary to processing payments on behalf of the Doctor/Healthcare Service Provider.
By using the services provided on our web portal, you enter into a contract with Metanoa. In order to be able to use the Service, you first need to sign up to create an account in the website. When signing up, you are obligated to provide your personal information, mobile telephone number and other details as required by the website. Upon successful completion of your signing up you will be provided a personal user id, accessible for you with a password of your choice. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password to or with any third party. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen.
The accuracy, integrity and completeness of the personal information you enter or allow anyone on behalf of yourself or your Doctor/Healthcare Service Provider to enter into our system is your responsibility, and Metanoa assumes no liability for it. Metanoa is also not liable for any use or misuse of information transmitted or received by a third party you have authorized to access or use your account and data on Metanoa. Metanoa shall not be responsible for any undesirable consequences of information, comments or post made by you or any Doctor/Healthcare Service Provider or individual operating on behalf of the same.
While Metanoa will take all reasonable efforts for protecting the patients confidential health information it might have to disclose the contact details of the patients if required by any bank, payment gateway provider or any statutory authorities. The Healthcare Service Providers shall educate the patients about circumstances under which the information might be disclosed.
Data in your personal health records will be accessible only to your authorised Doctors/Healthcare Service Providers that you are a registered patient of or consulted with, for the purpose of providing you with healthcare services that you choose. Non-personalised system analysis of non-identifiable patient data may be done as part of application service development to enable better healthcare outcomes. However the identity of individual patient/users will remain anonymous.
SERVICES
Metanoa is an online platform providing access to various forms of medical services offered by third party service providers which are listed through our website. The request to access the information on the Third Party Service providers may be made through the use of our web portal or other applications that may be downloaded and installed on Computers, mobile devices or tablets.
The services which we intend to provide include a platform to find a doctor who has listed his/her services and facility to request or schedule an appointment for consultation via, Personal visit to doctor’s place, video, audio or text mode of communication and managing self or family information/health records.
Using the web portal you can take appointments for self and dependent/family with any of the listed doctor however you agree and understand that the Doctor may chose to cancel the appointment or re-schedule it. You explicitly acknowledge that the use of Platform is to facilitate consultation between Patient and Doctor.
You agree that the online consultation and usage of the system is not for emergency conditions. It is explicitly declared that the platform does not take away the need for physical consultation by visiting a Therapist/Clinic/Hospital.
You hereby agree that you will disclose all necessary details to the doctor, which will help him/her to provide medical advice/guidance. The use of Metanoa website/services are not a substitute for professional medical diagnosis or treatment and you may use the information provided at your own risk. Metanoa shall not be responsible for any undesirable consequences of comments made by any Doctor/Healthcare Service Provider while you visiting him/her.
By using the services of Metanoa, you unconditionally agree to receive automated SMS text notifications relevant to services from Metanoa, to the mobile number you provided during registration, irrespective of whether you have subscribed to any DND services.
By using our Service, you further agree that:
1. You will only use the account for your sole, personal use and will not resell it to a third party;
2. You will adhere to the “General Terms of Use” and “Privacy Policy” at all times
3. You will not authorize others to use your account;
4. You will not assign or otherwise transfer your account to any other person or legal entity;
5. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
6. You will not use the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
7. You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
8. You will not impair the proper operation of the network;
9. You will not try to harm the Service or Application in any way whatsoever;
10. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
11. You will provide us with whatever proof of identity we may reasonably request;
12. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Service.
You agree that we reserve the right to immediately terminate the Service and block your account on non-compliance of any of the above terms.
LIMITATION OF LIABILITY
It is hereby agreed and understood that “Metanoa” is only a Technology platform providing Internet based solution, linking the patients and the doctors and we take no responsibility/liability for the consultation/medical advice provided by Doctors /Healthcare Service Providers and any liability arising from the service provided by the doctor or any third party generated content/report. We further disclose and you agree that we may restrict access of the user to the systems under certain conditions with prior notification via email/sms.
You further agree that you shall use the web portal only for seeking medical advice/guidance from the doctors listed. Your access or use of “Metanoa” or its services does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate “Metanoa”, its partners or associated Doctors/Healthcare Service Providers to fulfill any duties towards meeting your health needs.
Disclaimers
The Services provided by Metanoa or any of its licensors or service providers are provided on an “as is” and “as available’ basis, 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). Metanoa does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Metanoa does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Metanoa disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Metanoa or any User in relation to any User or services provided by such User.
RESTRICTION ON YOUR ACTIVITIES
a. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way;
b. modify or make derivative works based upon the Service;
c. create Internet “links” to the Service
d. send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
e. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
f. interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
g. attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
TERMINATION
Any violation of the “User Terms and Conditions”, “Terms of Service” or “Privacy Policy” will result in termination of the service and or account. We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. This agreement and any licenses granted hereunder will terminate if either party become bankrupt.
INDEMNIFICATION
You agree and declare that you will not initiate any legal proceedings or make us party in any legal proceedings pertaining to the deficiency in services by the medical practitioners or any negligence on their part.
You further agree that you shall keep us indemnified against any proceedings initiated by any medical practitioner pertaining to your conduct, payment, behavior, etc
You further agree that you will be solely responsible for any activities conducted on or through Metanoa with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of Your account or Your computer. You hereby release and hold harmless Metanoa from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.
DISPUTES AND DISPUTE RESOLUTION
It is hereby agreed that if in case you have any dispute pertaining to the usage of our web portal the same shall be amicably resolved by arbitration.
You further agree that you will not initiate any dispute before any legal authority before first having given a notice to Metanoa and having tried to resolve it through arbitration.
JURISDICTION
In the event of any dispute, the Parties submit to the exclusive jurisdiction of the courts of India whose decision shall be binding on the Parties
INTELLECTUAL PROPERTY
It is hereby agreed and declared by the user of the web portal that the entire information available on the web portal including all logos, details of doctors, settings, designs etc are the intellectual property of Metanoa Labs Pvt Ltd and that it shall not be used without obtaining due permissions from Metanoa Labs Pvt Ltd.
Cancellation and Refund Policy:
On Cancellation of the appointment booked by the user
- There will be 100% refund to the user if the Doctor or Healthcare Service Provider has cancelled the appointment
- The user can cancel the appointment without any cancellation charges and obtain 100% refund of charges, if the appointment is more than 72 hours away
- There will be a 20% cancellation fee if the cancellation of the appointment is done by the user between 24 hours and 72 hours prior to the appointment
- Any cancellation of the appointment done by the user within 24 hours prior to the appointment, there will be no refund provided to the user as this is a big inconvenience for the Doctor/Healthcare Service Provider/Professional who has especially allocated this time for you and cannot allocate or use this time for other client.
Once the Doctor or the Healthcare service Provider cancels an appointment made by the user, the user will need to schedule a separate appointment and make payment for the new appointment separately. There will be no credit retained by Metanoa while the previous appointment cancellation refund is being processed.
Metanoa is an IT/Technology platform, which allows Doctors/Healthcare Service Providers to stay connected to the patients and vice versa. The user searches and selects the Doctor/ HealthCare Service Provider to book the appointment. Metanoa is not responsible for the quality of the consultation provided by the Doctor or Healthcare Service Provider nor is responsible for the outcome of the consultation. The user cannot ask for a refund of fees if he/she is not happy or satisfied with the consultation provided by the doctor or Healthcare Service Provider.
The user will need to login to the Metanoa portal or web application to cancel an appointment.
Late or missing refunds (if applicable)
It takes between 10 to 15 days to process a refund request. Even if the refund processing is finished from the Metanoa side, your credit card company and Banks make take longer time to finish the processing of the refund and post it onto your account.
If you haven’t received a refund after 15 days, first check your bank account again. Then contact your credit or debit card company; it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at refunds@Metanoa with all the details of the appointment that has been cancelled by you. You will need to provide the Appointment Id and the receipt of the payment made for which the refund has been requested.
CHANGE TO TERMS AND CONDITIONS
Metanoa may update this TERMS AND CONDITIONS at any time, with or without advance notice. In the event there are significant changes in the way Metanoa treats User’s personally identifiable information, or in the TERMS AND CONDITIONS itself, Metanoa will display a notice on the Website or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact support@Metanoa to deactivate your account. Unless stated otherwise, Metanoa’s current TERMS AND CONDITIONS applies to all information that Metanoa has about you and your account.
If a User uses the Services or accesses the Website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.
Patient Health Data Usage
Patient health data are health-related data created, recorded, or gathered by or from patients (or family members, health institution or other caregivers) to help address a health concern.
patient health data include, but are not limited to:
- health history
- treatment history
- biometric data
- symptoms
- lifestyle choices
Patient Health Data are distinct from data generated in clinical settings and through encounters with providers in two important ways:
- Patients, not providers, are primarily responsible for capturing or recording these data.
- Patients decide how to share or distribute these data to health care providers and others.
Examples include blood glucose monitoring or blood pressure readings using home health equipment, or exercise and diet tracking using a mobile app.
Why are patient health data is important for ?
The use of patient health data supplements existing clinical data, filling in gaps in information and providing a more comprehensive picture of ongoing patient health. Patient Health Data can:
- Provide important information about how patients are doing between medical visits.
- Gather information on an ongoing basis, rather than only at one point in time.
- Provide information relevant to preventive and chronic care management.
The use of patient health data offers an opportunity to capture needed information for use during care, with potential cost savings and improvements in quality, care coordination, and patient safety.
In The Hard copy Agreement:
The agreement provided here is for an extension of the our online privacy policy.
HOW WE PROTECT PATIENT HEALTH DATA
- The security of patient health data is important to us. We have adopted reasonable security practices and procedure to ensure that the patient health data (protected health information) collected is secure. We restrict access to patient health data to Our and Our affiliates’ employees, agents, third party service providers, partners, and agencies who need to know such Personal Information in relation to the Purposes as specified above in the agreement and our Privacy Policy and provided that such entities agree to abide by this agreement and our company Privacy Policy.
- While We will endeavor to take all reasonable and appropriate steps to keep secure any information which We hold about patient health data, we prevent unauthorized access, You acknowledge that the internet is not 100% secure and that We cannot provide any absolute assurance regarding the security of a patient health data. We nor any of the employees, officials at Metanoa Labs Pvt Ltd will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by Us in relation to patient health data.