AIMS2Health Pvt Ltd (hereafter AIMS2Health) and its products and services are NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL emergency health services in your vicinity. However, in such an emergency, once the patient has been duly admitted to a nearby hospital, and if a 2nd opinion is still needed on priority (say in the next 2 to 4 hours) then please use the Helpline of AIMS2Health to check (but only between 8.00 am and 5.00 pm on a normal working) if a Specialist of AIMS2Health is available at short notice to take on the case.
You hereby certify that you are physically located in India in the State you choose/have chosen as your current location. You acknowledge that your ability to access and use the Products and Services of AIMS2Health is conditioned upon the truthfulness of this certification and that the staff and doctors of AIMS2Health and its partners you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify AIMS2Health and its staff, doctors and the partners you interact with from any resulting damages, costs or claims as set forth in the Indemnification Section below.
The Products and Services of AIMS2Health are designed for and intended for users in India. AIMS2Health makes no representation that the Information, Products and Services provided on/through the Website and Apps of AIMS2Health are applicable to, appropriate for, or available to users in locations outside India. Accessing the Products and Services of AIMS2Health from territories where the content is illegal is prohibited. If you choose to access the site from a location outside India you do so on your own initiative and you are responsible for compliance with local laws.
Please be aware that we may ask you to confirm your location and identity in a consultation by providing suitable forms of verification which may include a Photo ID (Passport, Driving Licence, etc.).
AIMS2Health may suspend or terminate your access to its Products and/or Services at any time, for any reason or for no reason at all. AIMS2Health has the right (but not the obligation) to refuse to provide access to tits Products and/or Services to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. AIMS2Health reserves the right to change, suspend, or discontinue all or part of a Product or a Service, temporarily or permanently, without prior notice.
This Policy dated March 1, 2021 should be read in conjunction with AIMS2Health Pvt Ltd’s other Policies, especially the Privacy Policy and the Informed Consent Policy.
AIMS2Health and its logo are trademarks/brands of AIMS2Health, a private telemedicine company which enables patients to hold on-demand and by appointment; secure, high-definition, face-to-face, real- time; video, telephone, and online-chat/message consultations with “Healthcare Providers”; the providers are registered doctors with the Indian or State Medical Council(s). Only selected Healthcare Providers are registered with AIMS2Health, based on a robust credentialing process. This is part of the AIMS2Health Quality assurance process.
Other than information received directly by you from physicians in the context of a telemedicine service, the content on the website should not be considered medical advice. We may post or provide links to general information resources that may be of interest to you ("Posted Materials"). Posted Materials are not to be used as medical diagnosis, treatment or advice. Other than information received directly by you from physicians in the context of a telemedicine service, you should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, AIMS2Health does not recommend or endorse any specific tests, physicians, medications, products or procedures.
AIMS2Health products and online services for second opinion or otherwise are not intended to replace the relationship with a patient’s doctor. It is a complementary service offering the advantages of convenience and accessibility to a broad range of healthcare services and especially second opinion services. AIMS2Health products and services are not suited for emergency care.
AIMS2Health charges via a monthly or annual subscription (“Subscription”) or pay-as-you-go model (“Self-Pay”) or is paid by patients’ healthcare insurer, employer or membership group (“Group/Insurer”) or using a simple pre-paid coupon code (“Coupon”).
The AIMS2Health Service is provided by AIMS2Health Pvt Limited (herein after “AIMS2Health”), a company registered in December 2018 in New Delhi, India.
You may access Our Apps and Websites subject to Our Terms of Use below. AIMS2Health is available in the Apple AppStore and through Google Play Store.
On desktop and laptop, we currently support a wide range or latest browsers. Details can be obtained from our technical team at [email protected] Your agreement to comply with and be bound by these Terms of Use (including our End User License Agreement and Terms of Service) and Privacy Policy is deemed to occur upon first use of Our Apps and Websites and by explicit agreement upon Registration. Further, you will be required to explicitly accept Our most recent Terms of Use, Privacy Policy and Informed Consent (collectively “Our Policies”) when accessing Our Consultation Services.
By explicitly accepting Our Policies, you authorize AIMS2Health to use your Personal Information, including your Health Information and details of all your past Consultations, collectively your “Electronic Health Record” which includes “Personal Data” and “Sensitive Personal Data”.
You also explicitly consent that AIMS2Health may release your Electronic Health Record for the purposes of your treatment and ongoing healthcare to your primary care doctor (General Practitioner or “GP” or Family Physician or “FP”, as the case may be), preferred (nominated) pharmacy, next of kin and/or persons authorized to make decisions in relation to your healthcare. If you do not wish us to release your Electronic Health Record, please notify the Doctor in your consultation. You will still be deemed to have explicitly agreed to all other parts of AIMS2Health Policies.
If you are entitled to free or subsidized consultations through your Insurer, Employer or a Group Membership, we will share with them your date of consultation, name, contact details, date of birth, and policy or membership number to assist in reimbursement. We will not share information from consultation without your explicit consent. Please contact [email protected] to request for assistance.
When accessing our AIMS2Health Services using Mobile Applications and Websites, we ask that you make a few commitments to us to ensure that you receive care personalized to you, and to protect you against the risk of receiving treatment that is inappropriate or unsafe. For feedback use this email: [email protected].
We think it is important for you to read and fully understand those commitments, so we have outlined the most important immediately below.
We ask that:
1. Definitions and Interpretation: In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
1.1. “AIMS2Health/Our/Us” means AIMS2Health, a Private Company Limited under the Companies Act, 2013 of India, as amended up-to-date;
1.2. “Account” means an account required for a User to access and/or use certain areas of Our Apps and Websites;
1.3. “Advice” means any communication, diagnosis, discharge, advice or other Services in any form provided or facilitated by AIMS2Health or its Healthcare Providers through the Apps and Websites;
1.4. “Apps and Websites” means the Application (IOS or Android) or Website, including Mobile Website that you are currently using including aims2health.com, aims2health.in, etc. and any sub-domains of these websites unless expressly excluded by their own terms of use;
1.5. “Content” means all files, documents, text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored in an application (IOS or Android) or on a computer that appears on, or forms part of, Our Apps and Websites;
1.6. “Contract” means a contract for the purchase and sale of Products and Services, as explained in Clause 17;
1.7. ‘Data Fiduciary’ (knowns as Collector under GDPR) means any person, including the State, a company, any juristic entity or any individual who alone or in conjunction with others determines the purpose and means of processing of personal data;
1.8. “Data Protection Acts” (DPA) means the Information Technology Act, 2000 (as amended by the Information Technology Amendment Act, 2008) read with the Information Technology [Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information] Rules, 2011 (SPDI Rules) and when applicable the HIPAA, the General Data Protection Regulation (GDPR) and any regulations, codes and guidance issued by the Data Protection Commissioner (or any official who may succeed either of him or her) and any other applicable data privacy laws and regulations. It shall also include any superseding data protection legislation that comes into force during the term of this Agreement including the enactment of the Personal Data Protection Bill, 2019 in India and the Regulation 2016/649 of the European Parliament and of the Council, General Data Protection Regulation (“GDPR”);
1.9. “De-identified Data” is as defined in the Data Protection Acts including Anonymised and Pseudo-Anonymised Data. De-identified Data refers to data from which the patient cannot be individually identified. Our use of De-identified Data is in conformity with best practice and GDPR and only in the improvement and promotion of AIMS2Health Products and Services and in the development of its business including with Third Parties;
1.9.1. “Personal Data” means the definition given to it in the Data Protection Acts (“DPA”) including any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; and
1.9.2. “Sensitive Personal Data” means the definition given to it in the Data Protection Acts (“DPA”) especially financial data, biometric data, caste, religious or political beliefs, or any other category of data specified by the government, in consultation with the Authority and the concerned sectoral regulator; it also includes Data, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data.
1.10. “Electronic Health Record” means your account in our cloud-based storage holding your Personal Information and your Consultation record (“Consult History”);
1.11. “Healthcare Providers” means any Registered Healthcare Professional, including Registered Medical Practitioners (RMPs), providing AIMS2Health Services through its Apps and Websites including registered General Practitioners. The registration is verified with competent National or State authorities;
1.12. “Order” means your order for the Products and Services which may or may not require a payment of monies;
1.13. “Order Confirmation” means Our AIMS2Health acceptance and confirmation of your Order.
1.14. “Products” means any physical item Ordered including but not limited to a Test, Prescription or Activity Device;
1.15. “Products and Services” means the Products and Services provided by or via AIMS2Health to you as specified in your Orders;
1.16. ‘A Registered Medical Practitioner [RMP] is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.’ [IMC Act, 1956]
1.17. “Services” means any Service to a User including Advice, Second Opinion or ordering of clinical investigations, imaging or prescription of medicines/drugs;
1.18. “Third Parties” means any entities providing Products and Services through AIMS2Health or its Apps and Websites, including independent healthcare providers, subcontractors, agencies and suppliers other than AIMS2Health and its subsidiaries or affiliates;
1.19. “Third Party Apps and Websites” means Apps and Websites not owned by AIMS2Health or any of its subsidiaries or affiliates;
1.20. “User” means any patient, customer, third party, healthcare provider, General Practitioners that accesses the Apps and Websites or orders Products and Services from AIMS2Health or its subsidiaries or affiliates and is not directly employed by AIMS2Health or acting during their AIMS2Health employment; and
1.21. “User Content” means any content submitted to Our AIMS2Health Apps and Websites by Users including, but not limited to Sensitive or Critical Personal Data including name, date of birth, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers.
2. What information we collect, store and process when your Register with AIMS2Health and use our Services:
2.1. On Registration and first use of Our Apps and Websites we ask for certain “Personal Data” including biographical and demographic information such as; name, email, contact numbers, address, date of birth, gender and location. We may also collect insurer, employee, group or membership numbers, where appropriate. During the provision of Services we collect and record information mandated by the Telemedicine Practice Guidelines of the MCI/NMC; these include the mandatory collection and storage of the following records for teleconsultation. (i) Log or record of telemedicine interaction e.g. phone logs, email records, chat/text record, video interaction logs etc. (ii) Patient records, reports, documents, images, diagnostics, data etc. (digital or non-digital) utilized in the telemedicine consultation. (iii) In case a prescription is shared with the patient, the RMP is required to maintain the prescription records as required for in-person consultations.
2.2. We may also ask for “Sensitive or Critical Personal Data” including your Presenting Complaint which we will not store unless you have a Consultation. Optionally you may also share and/or store with us Medications and Allergies and your Patient Information (Personal and Medical History) in your personal Electronic Health Record.
2.3. In order, to have a Consultation with a Doctor you must explicitly agree to our current Terms of Use (incorporating our End User Licence Agreement and Terms of Service), Privacy Policy and Informed Consent at which point we will store that Sensitive/Critical Personal Data in your Personal Information and your Consultation record (“Consult History”) (collectively your “Electronic Health Record”). This Sensitive Personal Data includes your medical history, symptoms, complaints, allergies and medications. AIMS2Health also provides the ability for your Healthcare Providers to add notes to your Electronic Health Record. Any information provided as part of a video, telephone, secure chat session and/or email consultation becomes part of your Electronic Health Record. At any point you can update your Personal Information, but we will keep a record of those changes if you have had a Consultation.
2.4. Your agreement to comply with and be bound by these Terms of Use (incorporating our End User Licence Agreement and Terms of Service), Privacy Policy and Informed Consent (“Our Policies”) is deemed to occur upon your first use of Our Apps and Websites and updated at the point of a Consultation.
3. Access to Our Apps and Websites :
3.1. You may access Our Apps and Websites from anywhere in India, including the applicable laws in your location. It is your responsibility to confirm that you comply with, all applicable laws and regulations.
3.2. On desktops and laptops, we currently support some of the latest Internet Browsers. If help is required please contact [email protected] .
3.3. Our Services may not work well with older versions of browsers. Please check for regular updates, including security updates from your device manufacturer, operating system and browser. Please download Our Apps and Androids in the Apple and Google Play Stores.
3.4. Access to Our Apps and Websites is provided “as is” and on an “as available” basis. AIMS2Health may alter, suspend or discontinue Our Apps and Websites (or any part of it) at any time and without notice. AIMS2Health will not be liable to you in any way if Our Apps and Websites (or any part of it) is unavailable at any time and for any period. Any technical issues are to be raised to [email protected] .
4.Accounts :
4.1.Certain parts of Our Apps and Websites (including the ability to purchase Products and Services may require that you create (“register”) an Account to access them. By registering, you agree that you are not impersonating any other person and are using your actual identity. Your registration is subject to verification and confirmation by AIMS2Health and your patient user account will be activated only after confirmation. To access Our Products and Services, you must first enrol to establish an individual user account, by providing certain information. With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of Our Products and Services and, if applicable, in order for AIMS2Health to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrolment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. The accuracy, integrity and completeness of the personal health information you enter or allow to enter on your behalf is your responsibility, and AIMS2Health assumes no liability for it. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use.
4.2. You may not register an Account if you are under 18 years of age or minimum legal age. If you are under 18 years of age or minimum legal age and wish to use parts of Our Apps and Websites that require an Account, your parent, guardian or carer should register their own “Master” Account and add you as their Dependant. Dependants must only access the Master Account with the supervision of their parent, guardian or carer.
4.3. When creating an Account, the information you provide must be true, accurate, current and complete. You are required to periodically review and update your registration information to ensure that it is always accurate and correct. As and when any of your personal information changes, you are required to update it at the earliest in your Patient Information/registration page in our Apps and Website. Providing false information may lead to suspension of your Account.
4.4. AIMS2Health require that you choose a strong password for your Account. It is recommended to combine characters in lowercase, uppercase, numbers and special characters such as @, %, ?, ! and not to use simple passwords such as: “Password”, “123457” or your date of birth, name of spouse, child, parent or pet.
4.5. It is your responsibility to keep your password safe. You must not share your password or Account with anyone else. If you believe your Account has been or is used without your permission, please contact AIMS2Health immediately at [email protected] . You also agree that you will be solely responsible for any activities conducted on or through the patient portal/website and/or mobile Apps 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 AIMS2Health from any and all claims and causes of action arising out of or resulting from a third party's unauthorized use of your account. As such, AIMS2Health will not be liable for any unauthorized access to your Account.
4.6. Notification of Unauthorized Use/Ceasing Access. You shall notify AIMS2Health immediately of any unauthorized use or threat of unauthorized use of your account or the Websites or Apps of AIMS2Health or of any other breach or potential breach of security known to you with respect to your account or the immediately of any unauthorized use or threat of unauthorized use of your account or the Websites or Apps of AIMS2Health, including without limitation any loss or compromise of any password, and will cooperate with AIMS2Health in every reasonable way to help AIMS2Health prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password. You agree that immediately upon termination of your right to use the immediately of any unauthorized use or threat of unauthorized use of your account or the Websites or Apps of AIMS2Health or any password-protected portion of the Websites or Apps, or upon any earlier demand by AIMS2Health at any time, you will cease all access and/or use of the Websites or Apps or such password protected portion of the Websites or Apps, and will not attempt to access and/or use same.
4.7. Any personal information you provide or store in your Account will be collected, used, and held in accordance with Our data retention policies which follow Indian ( https://www.nrces.in/download/files/pdf/resources/notices/retention_pr.pdf , http://egazette.nic.in/WriteReadData/2020/219374.pdf , https://www.nrces.in/download/files/pdf/nrces_ehr_stand_india.pdf , http://www.clinicalestablishments.gov.in/cms/Home.aspx ) , US and European Law, as appropriate, and Industry best practices.
4.8. If you wish to close your Account, you may do so at any time, contacting us by email at [email protected] . Closing your Account will result in the removal of your access to your Electronic Health Record. It will not remove any information we have already collected which we are required to maintain in line with Our data retention policies, best practice, the relevant Data Protection Acts, the requirements of the Medical Council of India/State Medical Councils and the national Medical Commission and to use in De-identified form. AIMS2Health reserves the right to deny or revoke access to any user account at its sole discretion without any notice.
5. Intellectual Property Rights including Trade Marks :
5.1. AIMS2Health and its Apps and Websites contains, embodies and is based upon worldwide patented or patentable inventions, trade secrets, copyrights, design rights, and other intellectual property rights (collectively “Intellectual Property Rights”) owned by or under license by AIMS2Health and its licensors. All Content, including User Content, is protected by applicable Indian and intellectual property laws and International treaties.
5.2. All logos and trademarks on our Apps and Websites are owned by or licensed to AIMS2Health. AIMS2Health hereby reserve all rights to their respective use.
5.3. Subject to these Terms of Use, AIMS2Health hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Services to the extent, and only to the extent, necessary to access and use Our Products and Services. Therefore, AIMS2Health gives you permission to display, download, store and print the content on our Website and/or Apps only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through Our Services to anyone, including but not limited to others in your home or organization. All digital content, software, and accompanying documentation made available for download from Our Services is the copyrighted work of AIMS2Health or its licensors. Any copy made of information obtained through the Website and/or Apps of AIMS2Health must include all applicable copyright notices. The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Services or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to Our Services to any third party or use the Service to provide service bureau, time sharing or other services to third parties. Therefore, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner, re-use Content from Our Apps and Websites unless given express written permission to do so by AIMS2Health. To request authorization contact [email protected]
5.4. This Agreement does not convey to you title or ownership of AIMS2Health Apps and Websites. You shall not remove, replace or obscure trademarks or proprietary notices contained in or displayed by AIMS2Health.
5.5. Any printouts made of content obtained through AIMS2Health must include a recognition and Our copyright notice, © AIMS2Health Private Limited. AIMS2Health is a trademark of AIMS2Health Private Ltd. This Agreement does not confer any license or right to use any trademark of AIMS2Health or its licensors or suppliers without the express written permission of AIMS2Health. This permission can be requested to [email protected].
5.6. With these restrictions, AIMS2Health grants you a limited license to access and make personal use of the Apps and Websites and not to modify, any portion, except with express written consent. This license does not include any resale or commercial use of the Apps and Websites or content; any derivative use of the Apps and Websites or contents; or any use of data mining, robots, or similar data gathering and extraction tools.
5.7. The Apps and Websites or any portion of the Apps and Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AIMS2Health. Any unauthorized use terminates the permission or license granted by AIMS2Health. You may not use any logo or other proprietary graphic or trademark of Insurer, Employer or Group or AIMS2Health as part of the link without AIMS2Health’s prior permission. This permission may be requested to: [email protected] .
5.8. Subject to sub-Clauses 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Apps and Websites unless given express written permission to do so by AIMS2Health.
5.9. You may:
5.9.1. Access, view and use Our Apps and Websites in an application (IOS or Android) or web browser (including any web browsing capability built into other types of software or app);
5.9.2. Download Our Apps and Websites (or any part of it) for caching;
5.9.3. Print pages from Our Apps and Websites;
5.9.4. Download extracts from pages on Our Apps and Websites; and
5.9.5. Save pages from Our Apps and Websites for later and/or offline viewing.
6. User Content:
6.1. An Account is required if you wish to submit User Content. For Terms of Use pertaining to Accounts, please refer to Clause 4.
6.2. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.3. You agree that you will be liable to AIMS2Health and will, to the full extent permissible by law, indemnify AIMS2Health for any breach of the warranties given by you in these Terms of Use. You will be responsible for any loss or damage suffered by AIMS2Health Limited from a breach.
6.4. You retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant AIMS2Health an unconditional, fully transferable, royalty-free, worldwide licence to use, store, archive your User Content for the purposes of operating and promoting Our Apps and Websites and for providing you with and improving Our AIMS2Health and AIMS2Health healthcare products and services including the use of that data in anonymized form. Non-personalised system analysis of non-identifiable patient data may be done to enable better healthcare outcomes for the patients of AIMS2Health. However the identity of individual users will remain completely anonymous in such analysis. We will not share your Personal Data with a third party other than your Healthcare Provider or without your permission other than set out in Our Privacy Policy.
6.5. You agree that:
6.6. Considerations for using video consultations
You agree that technical considerations listed here are not essential for conducting a video consultation, but are likely to make a difference to the quality and safety of the video consultation meetings:
7. Disclaimers:
7.1. Apps and Websites are not suitable for any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any Product and Service urgently for a medical emergency or acute condition.
7.2. AIMS2Health cannot guarantee continuity of care through the same Healthcare Provider.
7.3. The Content on Our Apps and Websites does not constitute advice on which you should rely. It is provided for general information purposes only.
7.4. AIMS2Health make no representation, warranty, or guarantee that Our Services or Apps and Websites will:
7.4.1. Meet your requirements;
7.4.2. be of satisfactory quality;
7.4.3. be fit-for-purpose;
7.4.4. not infringe the rights of third parties;
7.4.5. be compatible with all software and hardware; or
7.4.6. that it will be fully secure in perpetuity.
7.5. AIMS2Health make reasonable efforts to ensure that the displayed Content on Our Apps and Websites is complete, accurate, and up-to-date. AIMS2Health does not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
7.6. ACCESS TO OUR SERVICES AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIMS2HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AIMS2HEALTH DOES NOT WARRANT THAT ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES AIMS2HEALTH MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE PRODUCTS OR SERVICES OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR PRODUCTS AND/OR SERVICES AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO OUR SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON OUR SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. AIMS2HEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE AIMS2HEALTH WEBSITES AND APPS, PRODUCTS OR SERVICES.
8. Our Liability:
8.1. AIMS2Health is not responsible for any loss or damage caused by its Healthcare Providers (except to the extent the Healthcare Provider is an employee of AIMS2Health or acting within the scope of their employment), or Third Parties unless caused by the negligence, material breach or wilful default of AIMS2Health.
8.2. To the full extent permissible by law, AIMS2Health accepts no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Apps and Websites or the use of or reliance upon any Content included on Our Apps and Websites.
8.3. To the full extent permissible by law, AIMS2Health excludes all representations, warranties, and guarantees (whether express or implied) that may apply to Our Apps and Websites or any Content included on Our Apps and Websites.
8.4. AIMS2Health takes all reasonable steps to ensure that Our Apps and Websites are free from viruses and other malware; however, AIMS2Health accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Apps and Websites (including the downloading of any Content from it) or any other Apps and Websites referred to on Our Apps and Websites. This includes any breach of privacy or security of the EHR or any breach of its AIMS2Health platform that allows patients, for example, to view appointments or EHR of other patients.
8.5. AIMS2Health neither assume nor accepts responsibility or liability arising out of any disruption or non-availability of Our Apps and Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6. The liability of the Company from its Products and Services whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:
8.6.1. the legal minimum in aggregate in relation to any products or services; and
8.6.2. the legal minimum in aggregate otherwise.
8.7. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability, which cannot be excluded or restricted by law.
8.8. LIMITATIONS OF LIABILITY
8.8.1. IN THE EVENT OF ANY PROBLEM WITH OUR PRODUCTS OR SERVICES OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL AIMS2HEALTH, ANY AIMS2HEALTH LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE PRODUCT OR SERVICE OR PROVIDES YOU WITH A LINK TO THE PRODUCT OR SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE PRODUCT OR SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
8.8.2. UNDER NO CIRCUMSTANCES SHALL AIMS2HEALTH, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES AIMS2HEALTH’S PRODUCTS OR SERVICES OR PROVIDES YOU WITH A LINK TO THE PRODUCRS OR SERVICES, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Your Liability:
9.1. You commit that you are the person registering and not presenting yourself as someone else or acting as an Agent or, on behalf of somebody else.
9.2. You will only register once with AIMS2Health unless you are registering for a dependant or a person in your care.
9.3. You agree to protect the privacy and security of all Users (Patients, registered Doctors, all Our Healthcare Providers and AIMS2Health Employees) and not to make independent recordings of consultations, to capture images or take screen shots or similar. All necessary details of your consultations are stored for your benefit in your own Consult History and Patient Information or that of a person who legally represent (Personal and Health History), collectively “Electronic Health Record”.
9.4. You commit that any information you provide AIMS2Health and its Healthcare Providers will be accurate and not to omit anything of relevance or importance which for the avoidance of doubt includes, current and past, medications and conditions. The accuracy, integrity and completeness of the personal health information you enter or allow to enter on your behalf is your responsibility, and AIMS2Health assumes no liability for it. However, content/data in your personal health records will be accessible to and modifiable by authorised healthcare providers of AIMS2Health, for the purpose of providing you with healthcare services.
9.5. That you will maintain and ensure that all Patient Information (Personal and Health History) is current and correct at the time of any appointment or consultation.
9.6. That you will promptly notify and/or correct any part of your Patient Information (Personal and Health History), which is incomplete or inaccurate including any Advice (see below), opinions, tests, prescriptions or imaging received.
9.7. That you will comply with all instructions and advice given to you by Healthcare Providers, subcontractors and third parties for your continuing care or that of someone you legally represent.
9.8. That you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) including method, timing, dosages, potential adverse reactions or side effects, expiry dates etc., and the instructions of any Pharmacist dispensing because of, a AIMS2Health appointment or consultation.
9.9. That you will promptly report any side effects of any prescription to an appropriate Healthcare Provider.
9.10. If you have any concerns or are in any doubt regarding any information or Advice you have received or failed to receive via Our Products and Services, or regarding your health, wellbeing or any conditions, you will immediately seek a further medical opinion from a registered GP or suitable Healthcare Provider not affiliated with AIMS2Health and/or shall utilise emergency healthcare services in your vicinity, as necessary.
10. Third Party Apps and Websites:
10.1.As a convenience to Our Users, the Apps and Websites may include links (including hypertext) to Third Party Websites or material, which is beyond Our control. When you activate any of these you will leave Our Apps and Websites and AIMS2Health has no control over and will accept no responsibility or liability for the material on any App and Website, which is not under the control of AIMS2Health.
11. Advertising and Sponsorship:
11.1.Part of the Apps and Websites may contain advertising and sponsorship, including advertising and sponsorship by AIMS2Health. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and regulations and codes. AIMS2Health will not be responsible for any error or inaccuracy in advertising and sponsorship material.
11.2.To the full extent permissible by law, AIMS2Health accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or about the use of (or inability to use) Our Apps and Websites or the use of or reliance upon any Content included on Our Apps and Websites.
12. Viruses, Malware and Security:
12.1.AIMS2Health take all reasonable steps to ensure that Our Apps and Websites are secure and free from viruses and malware. AIMS2Health do not, however, guarantee that Our Apps and Websites are secure or free from viruses or other malware and accept no liability in respect of the same.
12.2.You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material, which is malicious or technologically harmful either to or via Our Apps and Websites.
12.3.You must not attempt to gain unauthorized access to any part of Our Apps and Websites, the server on which Our Apps and Websites is stored, or any other server, computer, or database connected to Our Apps and Websites.
12.4.You must not attack Our Apps and Websites by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.5.By breaching the provisions of sub-Clauses 12.3 and 12.4, you may be committing a criminal offense. All, breaches will be reported to the relevant law enforcement authorities and AIMS2Health will cooperate fully with those authorities by disclosing your identity to them. Your AIMS2Health right to use Our Apps and Websites will cease immediately in the event of such a breach.
13. Acceptable Usage Policy:
13.1.You may only use Our Apps and Websites in a manner that is lawful and that complies with the provisions of this Clause 13. You agree not to access or use the Products and Services of AIMS2Health in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement.
13.2.You agree that AIMS2Health may limit, restrict or remove your right to any or all, of its Services, without reason or notice, where in AIMS2Health’s sole opinion your usage of the AIMS2Health Services exceeds AIMS2Health’s current Acceptable Usage Policy, as determined from time to time.
13.3.Specifically when submitting User Content (or communicating in any other way using Our Apps and Websites), you shall not post, use, store or transmit (a) a message or information under a false name ; (b) information that is unlawful, libellous, defamatory, obscene, sexually explicit, fraudulent, predatory of minors, harassing, threatening or hateful to any person, deliberately offensive, or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, age, political beliefs or membership of “trade” organizations; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
13.4. You shall not take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
13.5. You shall not engage in any other conduct that restricts or inhibits any person from using the Service, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
13.6. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming.
13.7. You shall not use the Service in any manner that could damage, disable or impair the Service.
13.8. You shall not circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Service.
13.9. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
13.10. You shall not engage in unauthorized use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
13.11. You shall not obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Service;
13.12. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access Our Products and Services for any purpose.
13.13.You must not infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, trade secrets, copyright, patents, trademarks and database rights) of any other party; or is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
13.14. AIMS2Health reserve the right to suspend or terminate your access to Our Apps and Websites without notice if, in Our sole opinion, you materially breach the provisions of this Clause or any of the other provisions of these Terms of Use.
13.15. AIMS2Health hereby exclude all liability arising out of any actions (including, but not limited to those set out above) that AIMS2Health may take in response to breaches of these Terms of Use.
14. Cookies:
14.1.This Clause should be read in conjunction with the Cookies Policy on our Websites and our Privacy Policy.
14.2.All Cookies and tracking tools used on our Apps and Websites are used in accordance with current Indian IT Law, as applicable.
14.3. We may place and access certain first party Cookies on your computer. First party cookies are those placed directly by AIMS2Health via this Website and are used only by AIMS2Health. AIMS2Health uses Cookies to improve your experience of using the Website and to improve our range of products and services.
14.4.Before any Cookies are placed on your computer, subject to Clause 3.5, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling AIMS2Health to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
14.5.Certain features of the Website depend upon Cookies to function. Indian IT law deems these Cookies to be “strictly necessary”. There are no strictly necessary cookies currently used on our Websites as at the date of these Terms of Use.
14.6.You can choose to enable or disable Cookies in your Internet browser. Most Internet browsers also enable you to choose whether you wish to disable all cookies or only third-party cookies. By default, most Internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your Internet browser. You may delete all cookies form your browser.
14.7.You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalization settings.
14.8.It is recommended that you ensure that your Internet browser is up-to-date and that you consult the help and guidance provided by the developer of your Internet browser if you are unsure about adjusting your privacy settings.
15. AIMS2Health’s policies on data protection and privacy: how we collect, store and use your data and your Electronic Health Record are contained in our Privacy Policy which forms part of these Terms of Use.
15.1. You understand that your healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others. If you obtain psychotherapy services, you understand that your therapist has the right to limit the information provided to you if in your therapist's professional judgment sharing the information with you would be harmful to you.
15.2. Disclosure under Law. AIMS2Health reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in AIMS2Health 's sole discretion.
15.3. You further understand that your healthcare information may be shared in the following types of circumstances:
16. Products and Services, Pricing and Availability:
16.1. AIMS2Health make all reasonable efforts to ensure that all general descriptions of the Products and Services correspond to the actual Products and Services that will be provided to you, however please note that the exact nature may vary depending upon your individual requirements and circumstances.
16.2. Please note that sub-Clause 16.1 does not exclude responsibility for mistakes due to negligence on Our part and refers only to variations of the described Products and Services, not to different Products and Services altogether.
16.3. AIMS2Health neither represents nor warrant that all Products and Services will be always available and cannot necessarily confirm availability until your Order is completed. Availability indications are not provided on Our Apps and Websites.
16.4. AIMS2Health makes all reasonable efforts to ensure that all prices shown on Our Apps and Websites are correct at the time of going online. AIMS2Health reserves the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Changes in price will not affect any Order that you have already placed (please note sub-Clause 16.5.3 regarding VAT), however.
16.5. AIMS2Health checks all prices when AIMS2Health process your Order. In the unlikely event that AIMS2Health has shown incorrect pricing information, please note the following:
16.5.1. AIMS2Health will contact you in writing or by telephone to inform you of the mistake and to ask you how you wish to proceed. AIMS2Health will give you the option to purchase the Products and Services at the correct price or to cancel your Order (or the affected part thereof). AIMS2Health will not proceed with processing your Order until you respond. If AIMS2Health do not receive a response from you within 1 day, AIMS2Health will treat your Order as cancelled and notify you of the same in writing;
16.5.2. if the price of Products and Services you have ordered changes between your Order being placed and AIMS2Health processing that Order and taking payment, you will be charged the price shown on Our Apps and Websites at the time of placing your Order; and
16.5.3. All prices on Our Apps and Websites include GST, where applicable. If the GST rate changes between your order being placed and AIMS2Health taking payment, the amount of GST payable will be automatically adjusted when taking payment.
16.6. Subscriptions in our Apps and Websites are calculated annually or monthly and payable in advance.
16.7. You acknowledge that subscriptions will automatically renew upon the end of the agreed term, unless you provide an email or written request to cancel the subscription prior to the end of the relevant subscription period. Please contact: [email protected]
17. Orders – How Contracts Are Formed:
17.1.Our Apps and Websites will guide you through the ordering process. Before submitting your Order to AIMS2Health, you will be either requested to confirm your it by accepting Our Terms of Use (and possibly Privacy Policy and Informed Consent Policy) or given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
17.2. No part of Our Apps and Websites constitutes a contractual offer capable of acceptance. Your AIMS2Health Order constitutes a contractual offer that AIMS2Health may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that AIMS2Health has accepted it. Our acceptance is indicated by either your entry into a AIMS2Health Waiting Room for a consultation with a Healthcare Provider where you will also be asked to confirm your personal details or by AIMS2Health sending you an Order Confirmation by telephone or email. A telephone order confirmation is a legally binding contract. In the case of an email; only when AIMS2Health has sent you an Order Confirmation will there be a legally binding contract between AIMS2Health and you (“the Contract”).
17.3. Order Confirmations shall contain the following information:
17.3.1. Confirmation of the Products and Services ordered including full details of the main characteristics of those Products and Services;
17.3.2.Fully itemized pricing for the Products and Services ordered including, where appropriate, taxes and other additional charges;
17.4.If you change your mind, you may cancel your Order or the Contract before or after AIMS2Health begin providing the Products and Services subject to these Terms of Use. For details of your cancellation rights, please refer to Clauses below.
17.5. AIMS2Health may cancel your Order at any time before AIMS2Health begin providing the Products and Services in the following circumstances;
17.6.The required personnel and/or required materials necessary for the provision of the Products and Services are not available; or
17.7.An event outside of Our control (please refer to Clauses below for events outside of Our control).
17.8.If AIMS2Health cancel your Order and AIMS2Health has taken payment any such sums will be refunded to you as soon as possible and in any event within 60 days. If AIMS2Health cancel your Order, you will be informed by email or text as appropriate.
18. Provision of the Products and Services:
18.1. AIMS2Health will begin providing the Products and Services on the date agreed when you make your Order (which AIMS2Health shall confirm in the Order Confirmation). Please note that if you request that the Products and Services begin within the 30 (thirty) calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clause 19, for your statutory cancellation rights. AIMS2Health will use all reasonable endeavours to provide the Products and Services with reasonable skill and care, commensurate with best practice.
18.2. AIMS2Health will make every reasonable effort to provide the Products and Services in a timely manner. AIMS2Health cannot be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 24, for events, outside of Our control.
18.3. If AIMS2Health requires any information or action from you to provide the Products and Services, AIMS2Health will inform you of this as soon as is reasonably possible. Depending upon the nature of the Products and Services you have ordered, AIMS2Health may require prior information or action such as confirmation of the details or your Preferred Pharmacy, Primary GP and Personal Health Information.
18.4. If the information you provide or the action you take under Clause 18, is delayed, incomplete or otherwise incorrect, AIMS2Health will not be responsible for any delay caused.
18.5.In certain circumstances, for example where there is a delay in you providing AIMS2Health information or taking-action required under Clause 18, AIMS2Health may suspend the Products and Services (and will inform you of that suspension by email).
18.6.In certain circumstances, for example where AIMS2Health encounter a technical problem, AIMS2Health may need to suspend or otherwise interrupt the Products and Services to resolve the issue. Unless the issue is an emergency that requires immediate action AIMS2Health will inform you in advance by email before suspending or interrupting the Products and Services.
18.7.If the Products and Services are suspended or interrupted under Clauses 18, you will not be required to pay for them during the period of suspension if you access those Products and Services. You must, however, pay any sums that may already be due by the appropriate due date(s).
18.8.If you do not pay AIMS2Health for the Products and Services as required by Clause 17, AIMS2Health may suspend the Products and Services until you have paid all outstanding sums due. If this happens, we will inform you by email. An administrative fee of Rs. 200.00 may be added.
19. Your Legal Right to Cancel (Cooling Off Period):
19.1. As a consumer in India, you may have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and AIMS2Health have sent you an Order Confirmation, i.e. when the Contract between you and AIMS2Health is formed. The period may end at the end of 30 calendar days’ after that date.
19.2. If you wish to exercise your right to cancel under this Clause 19, you must inform AIMS2Health of your decision within the cooling off period. You may do so in any way you wish by contacting us at: [email protected]
19.3. AIMS2Health may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services in the future; however, please note that you are under no obligation to provide any detail if you do not wish to.
19.4. As specified in sub-Clause 19.1, if the Products and Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Products and Services begin within the 30 (thirty) calendar day cooling off period you acknowledge and agree to the following:
19.5. If the Products and Services are fully performed within the 30 (thirty) calendar day cooling off period, you will lose your right to cancel after the Products and Services are complete.
19.6. If you cancel after provision of the Products and Services has begun but is not yet complete you will still be required to pay for the Products and Services provided up until the point at which you inform AIMS2Health that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Products and Services and the actual Products and Services already provided including any initial administration costs. Any sums that have already been paid for the Products and Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 60 calendar days’ after you inform AIMS2Health that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services.
19.7. The initial administration cost of an Account as at the date of these Terms of Use is Rs. 200.00
20. Cancellation After the Legal Cancellation Period:
20.1. Cancellation of Contracts after the 30 (thirty) calendar day cooling off period has elapsed shall be subject to the specific terms governing those Products and Services and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be confirmed for the Products and Services in Our Order Confirmation.
20.2. If you wish to cancel under this Clause 18, you must inform AIMS2Health of your decision to do so. You may do so in any way you wish by emailing us [email protected] .
20.3. AIMS2Health may ask you why you have chosen to cancel and may use any answers you provide to improve Our Services in the future, however please note that you are under no obligation to provide any detail if you do not wish to.
20.4. You may be entitled to cancel immediately by giving AIMS2Health written notice in the following circumstances:
20.5. AIMS2Health breach the Contract in a material way and fail to remedy the breach within 30 calendar days of you asking AIMS2Health to do so in writing;
20.6. AIMS2Health go into liquidation or have a receiver or administrator appointed over Our assets;
20.7. AIMS2Health change these Terms of Use to your material disadvantage; or
20.8. AIMS2Health are adversely affected by an event outside of Our control that continues for more than 60 calendar days.
20.9. Eligibility for refunds may vary per the Products and Services ordered. You will be required to pay for Products and Services supplied up until the point at which you inform AIMS2Health that you wish to cancel (please note that this may include charges in full for any work and services that AIMS2Health have undertaken or already provided where AIMS2Health have reasonably incurred costs. Such sums will be deducted from any refund due to you or, if no refund is due, AIMS2Health will invoice you for the relevant sums. Details of the relevant terms will be provided at the time of cancellation. If you are cancelling due to Our failure to comply with these Terms of Use or the Contract, you will not be required to make any payment to AIMS2Health (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).
20.10. Refunds under Clause 20 will be issued to you within 60 (sixty) calendar days’ after the date on which you inform AIMS2Health that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that AIMS2Health make a refund using a different method.
21. Our Rights to Cancel:
21.1. For cancellations before we begin providing the Products and Services, please refer to Clause 17.
21.2. AIMS2Health may cancel the Products and Services after AIMS2Health have begun providing them due to an Event outside of Our control that continues for more than 60 (sixty) calendar days’, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Products and Services. In such cases, you will only be required to pay for Products and Services that AIMS2Health have already provided up until the point at which AIMS2Health inform you that AIMS2Health are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, AIMS2Health will invoice you for the relevant sums or no payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.
21.3. Once AIMS2Health have begun providing the Products and Services, AIMS2Health may cancel the Contract at any time and will give you at least 7 calendar days’ written notice of such cancellation. You will only be required to pay for Products and Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, AIMS2Health will invoice you for the relevant sums.
21.4. Refunds due under this Clause 21 will be issued to you no later than 60 (sixty) calendar days’ after the day on which AIMS2Health inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that AIMS2Health make a refund using a different method.
21.5. AIMS2Health may cancel immediately by giving you written notice in the following circumstances:
21.6. You fail to make a payment by the due date as set out in Clause 17. This does not affect Our right to charge you interest on any; or
21.7. You breach the contract in a material way and fail to remedy the breach within 14 calendar days’ of AIMS2Health asking you to do so in writing.
22. Problems with the Products and Services:
22.1. AIMS2Health always uses reasonable endeavour to ensure that Our Products and Services are trouble-free. If, however, there is a problem with the Products and Services please contact AIMS2Health as soon as is reasonable possible via Our contact details.
22.2. AIMS2Health will use reasonable endeavour to remedy problems with the Products and Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, AIMS2Health will use reasonable endeavour to remedy problems within 24 hours.
22.3. AIMS2Health will not charge you for remedying problems under this Clause 22 where the problems have been caused by AIMS2Health, or any of Our agents or sub-contractors, or where nobody is at fault. If AIMS2Health determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, AIMS2Health may charge you for the remedial work.
22.4. As a consumer you have certain legal rights with respect to the purchase of products and services. AIMS2Health are, for example, required to provide the Products and Services with reasonable care and skill. You also have remedies if AIMS2Health use materials or other products that are not as described, not of satisfactory quality, or not fit for purpose. More information on your rights as a consumer can be obtained from your local Citizens’ Information Centre. Nothing in these Terms of Use will affect these statutory rights.
23. Our Liability:
23.1. AIMS2Health will be responsible for any foreseeable loss or damage that you may suffer because of Our breach of these Terms of Use or because of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it contemplated by you and AIMS2Health when the Contract is created. AIMS2Health will not be responsible for any loss or damage that is not foreseeable.
23.2. AIMS2Health provide Products and Services for domestic and private use or purposes. AIMS2Health make no warranty or representation that the Products and Services are fit for commercial, business or industrial purposes of any kind including resale. AIMS2Health will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
23.3. Nothing in these Terms of Use seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
23.4. Furthermore, nothing in these Terms of Use seeks to exclude or limit Our liability as implied under applicable consumer protection laws and regulations:
23.5.Breach of your right to title and quiet possession;
23.6.Breach of terms relating to description, satisfactory quality and fitness for purpose; and
23.7.Our liability relating to defective products.
24. Events Outside of Our Control (Force Majeure):
24.1. AIMS2Health will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any event that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
24.2. If any event described under this Clause 24, occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Use:
24.2.1. AIMS2Health will inform you as soon as is reasonably possible;
24.2.2.Our obligations under these Terms of Use (and therefore the Contract) will be suspended and any time limits that AIMS2Health are bound by will be extended accordingly;
24.2.3. AIMS2Health will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products and Services as necessary;
24.2.4.If the event outside of Our control continues for more than 30 calendar days’ AIMS2Health may cancel the Contract and inform you of the cancellation. Any refunds due to you because of that cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days’ after the date on which AIMS2Health inform you of the cancellation; and
24.2.5.If an event outside of Our control occurs and continues for more than 60 calendar days’ and you wish to cancel the Contract thus, you may do so. Any refunds due to you because of cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days’ after the date on which you inform AIMS2Health that you wish to cancel, provided the said 60 days are over.
25. Privacy and Cookies:
25.1.Use of Our Apps and Websites is also governed by Our Privacy Policies, and Our Cookies Policy. These policies are incorporated into these Terms of Use by this reference.
26. Other Important Terms:
26.1.Cross-Border Data Transfers. Normally all your data will be stored and processed in India. We may process your data outside India if a doctor abroad is to be consulted. Where we do we rely on legally-provided mechanisms to lawfully transfer data across borders and to process your data.
26.2.We do not store any credit or debit card information on Our servers. Payments are processed via a third-party payment provider that is fully compliant with Level 1 Payment Card Industry (PCI) data security standards. Any payment transactions are encrypted using SSL technology.
26.3. AIMS2Health Pvt Ltd may transfer or assign Our obligations and rights under these Terms of Use (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell Our business). If this occurs, AIMS2Health will inform you in writing. Your AIMS2Health rights under these Terms of Use will not be affected and Our obligations under these Terms of Use will be transferred to the third party who will remain bound by them.
26.4.You may not transfer (assign) your obligations and rights under these Terms of Use (and under the Contract, as applicable) without Our express written permission.
26.5.The Contract is between you and AIMS2Health Private Limited. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Use.
26.6.If any of the provisions of these Terms of Use are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms of Use. The rest of these Terms of Use shall be valid and enforceable.
26.7.No failure or delay by AIMS2Health in exercising any of Our rights under these Terms of Use means that AIMS2Health have waived that right, and no waiver by AIMS2Health of a breach of any provision of these Terms of Use means that AIMS2Health will waive any subsequent breach of the same or any other provision.
27. Communications from AIMS2Health:
27.1.If AIMS2Health has your contact details, AIMS2Health may from time to time send you important notices/alerts by SMS, email or WhatsApp mobile notifications. It is agreed that as a user of services through the patient portal and/or mobile application of AIMS2Health you agree to receive essential service related notifications in the form of SMS, email or WhatsApp mobile notifications. Notification settings to turn off non-essential notifications are available. Such notices may relate to matters including, but not limited to, service changes and changes to these Policies.
27.2. AIMS2Health will never send you marketing emails of any kind without your consent. If you do give such consent, you may opt out at any time. All marketing emails sent by AIMS2Health include an unsubscribe link. If you opt out of receiving emails from AIMS2Health at any time, it may take up to 7 business days for your new preferences to take effect. Please contact: [email protected]
27.3.For questions or complaints about communications from AIMS2Health (including, but not limited to marketing emails), please contact AIMS2Health by email: [email protected] .
28. Communication and Contact Details:
28.1.If you wish to contact AIMS2Health with general questions or complaints, you may contact AIMS2Health at [email protected]
29. Law and Jurisdiction:
29.1.These Terms of Use, and the relationship between you and AIMS2Health (whether contractual or otherwise) and AIMS2Health Private Limited shall be governed by and construed in accordance with the Law of India.
30. Changes:
30.1.AIMS2Health will attempt to keep the information and the resources contained on or accessible through its Apps and Websites timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation, about its accuracy, relevance, timeliness, completeness, or appropriateness for a purpose.
30.2. AIMS2Health may change or modify the information, services and any other resources contained on or accessible through its Apps and Websites, or discontinue its Apps and Websites altogether, at any time without notice.
30.3. AIMS2Health reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the App and Website and you will be notified on the website that the policy has been altered. You will be required to confirm that you accept the changes to the Policy prior to using certain services.
30.4.In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
31. Marketing Material and Your Rights to Opt-Out:
31.1.If you no longer wish to receive informational or promotional material from us by alerts, texts and similar messages, email and post please contact us at [email protected]
32. INDEMNIFICATION:
You will indemnify, defend (or settle) and hold harmless AIMS2Health, its staff, doctors and partners, and Third Parties associated with AIMS2Health from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, "Claims") against any of AIMS2Health, its staff, doctors and partners, and Third Parties associated with AIMS2Health to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Websites and Apps, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms of Use, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of AIMS2Health, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, AIMS2Health shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to AIMS2Health, its staff, doctors and partners, and Third Parties associated with AIMS2Health pursuant to this Section.
33. Contact:
33.1. We want to improve Our products and services through your feedback. If you have any enquiries, questions, comments or even complaints please feel free to contact us or our Data Protection Officer at [email protected]
34. Complaints and Feedback:
34.1.AIMS2Health always welcome feedback from Our Users and, whilst AIMS2Health always use all reasonable endeavour to ensure that your experience is a positive one. AIMS2Health nevertheless want to hear from you if you have any cause for complaint: contact us at [email protected]
34.2.All complaints are handled in accordance with Our complaints handling policy and procedure, available from us on request.
34.3.If you wish to complain about any aspect of your dealings with AIMS2Health, please contact the Managing Director by; mail at AIMS2Health Limited [email protected]
35. Complaints about Data Protection and Privacy:
35.1. You can lodge a complaint with the Data Protection Commissioner at any stage if you are of the view that any of your rights have been breached. contact: [email protected]
36. MODIFICATION OF THESE TERMS AND THE SITE:
You are responsible for regularly reviewing these Terms. AIMS2Health has the right, but not the obligation, to correct any errors or omissions in any portion of the Site, the Service and these Terms. AIMS2Health reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of the Site, the Service and these Terms, in whole or in part, at any time, without prior notice. All changes to these Terms are effective immediately upon being posted to the Site. YOUR CONTINUED USE OF THE SITE OR SERVICE FOLLOWING ANY CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THESE CHANGES.
37. DISPUTE RESOLUTION (ARBITRATION CLAUSE):
37.1. Binding Arbitration. You and AIMS2Health each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a "Dispute") arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms of Use to arbitrate), your or AIMS2Health's rights and obligations under these Terms of Use, the Websites and Apps, the use of the Websites and Apps, and/or the Information/Content, Services and/or Products that may be provided by or through or in connection with the Websites and Apps.
37.2. You and AIMS2Health shall amicably resolve any and all disputes arising out of or in connection with Terms of Use in respect to the online healthcare services provided by AIMS2Health, failing which the disputes shall be settled by Sole Arbitrator mutually selected and in default by an arbitrator appointed by court of competent jurisdiction at New Delhi and the arbitration will be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as amended up-to-date. The seat and venue for arbitration shall be, exclusively, at New Delhi and the language for arbitration shall be English. The arbitration award shall be final and binding and shall be enforceable in any court of law having jurisdiction. For all other purposes the courts at New Delhi will have exclusive jurisdiction.
38. Version Date:
38.1.These Terms of Use, and the relationship between you AIMS2Health are dated 01.03.2021 and should be construed in conjunction with AIMS2Health’s Privacy Policy and Informed Consent Policy.
39. Consent to the Use of Telemedicine:
I HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED ABOVE, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE, AND BY ACCEPTING THESE TERMS OF USE I HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEMEDICINE VISIT UNDER THE TERMS DESCRIBED HEREIN. BY CLICKING THE "AGREE" BUTTON YOU ARE CONSENTING TO RECEIVING CARE VIA THE AIMS2HEALTH TELEMEDICINE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE HEALTHCARE PHYSICIAN WHO IS TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT, OR PRESCRIPTION. THE HEALTHCARE PHYSICIAN WILL DETERMINE WHETHER OR NOT THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEHEALTH ENCOUNTER VIA THE SERVICE.
© AIMS2Health Pvt Limited, January 2021