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Terms of Use and Data privacy

RxooM is a Platform, developed and hosted by RxooM  LLC for all registered Doctors, and Pathologists, Radiologists & Diagnostic labs referred to as Support Service Providers (SSP) to offer their Services and all registered suppliers of medicine, instruments and consumables referred to as Medicine & Equipment Suppliers (MES) to supply their products to all registered Consumers. RxooM  LLC has taken a declaration from Doctors, SSP and MES that they are authorized to offer their Services and products by the competent authorities like Medical Council of India, FDA and others, as the case may be. RxooM  LLC has NOT validated their claims and has solely depended on their declarations. RxooM  LLC will not be responsible for any consequences or damages resulting from availing Services from Doctors and SSP and products from MES registered on RxooM  Platform.

1. Usage by Consumer

Usage of the Platform by Consumer is subject to acceptance of all Terms & Conditions described below and after signing an agreement by Clicking Terms & Conditions in the Registration Process.

1.1 Rights to Subscribe and Responsibilities thereof:

• Any adult individual can register and subscribe to RxooM as a Consumer, unless disqualified or barred by a government authority or any constitutional body. Consumer will have to register at site giving their actual identity and not by any fake or assumed name.

• Every Consumer irrespective of age, gender, or handicap status needs to have his / her own account in his / her own name.

• For children below the age of 18 years, registration has to be done by their parents / guardian and avail any Services offered on this Platform under the supervision of a parent / guardian.

• For senior citizens, handicapped persons and other adults, who are not comfortable with use of Computer / Internet technologies, registration may be done on their behalf by a relative / friend. In such cases, he will have to declare that he is authorized by the Subscriber and act as guardian, while using the Services.

• The Consumer is permitted to make use of Rx ooM Platform and / or all the facilities available for genuine purposes only. The Consumer is not permitted to misuse Rx ooM Platform and / or any facility available thereon, for any commercial, illegal, immoral, or unethical purpose.

• Since many of the Services provided by Doctor / SSP / MES depend on past medical history, it is the responsibility of the Consumer to ensure that his Electronic Medical Records (EMR), (including his allergies, immunization, past medical treatment, hereditary related family history, reports of medical check-ups, prescription and consultation summary with Doctors) are kept current and complete at all times. He should take assistance of his panel of Doctors in creating and updating his EMR at various stages.

 • EMR is owned by the patient but he needs to give access to the Doctor, whom he is consulting. During Consultation, he will deem to have given access rights to the Consulting Doctor. At other times, Consumer will have to give explicit rights (such as before an upcoming appointment or to a family Doctor at all times), if he wishes to allow specific Doctors to have access these records.

1.2. Various Applicable Charges:

• Usage: Certain services offered by Rx ooM LLC may attract usage charges on per transaction basis based on package subscribed. Consumer will be required to pay these transaction charges as applicable.

• Doctor’s and ‘SSP’ Charges: Rx ooM LLC does not control Doctors, SSP and MESs charges for their Services and the same are solely decided by respective Service Providers.

• Consumer can pay for applicable charges by different modes of payment, made available from time to time. These may include On-line payment through Credit Card, Internet banking, transfer of funds through banking channels or Cash collection mechanisms at the discretion of Rx ooM LLC.

 • It is advised that Consumer keeps sufficient positive balance in his account at all times to

1.3. Confidentiality:

• The information provided by the Consumer and the proceedings of the meeting of the Consumer with the Doctor, as also with the SSP and MES; advice given by the Doctor, details of services provided by the SSP and MES, will be stored on the Rx ooM Platform; said information and the proceedings stored on the Rx ooM Platform will be accessible to Rx ooM LLC at all times; to which the Consumer will have no objection at any time.

• Rx ooM LLC is at liberty to use the data for all legal purposes including medical research and statistics. When used for such purposes, Rx ooM LLC will take utmost care to keep the identity of the Consumer anonymous and confidential adhering to HIPPA guidelines.

 • The Consumer is solely responsible to keep his Access related information such as user name, password and answers to challenge questions etc, as well as access to his mail Id completely confidential.

1.4. Limitations of Liabilities: 

• Consumer needs to be aware and understand that availing an On-line Video / Audio / Phone consultation with a Doctor using Rx ooM Platform poses certain limitations in providing advice as there is no physical examination of the Consumer by the Doctor. It is not equivalent to an In-clinic consultation. On-line Consultation is best suited for Follow-up consultation and for consultation for routine ailments, not requiring physical examination.

• Rx ooM LLC is not responsible or liable for any advice provided by Doctor and for any services provided by SSP and MES or for any consequences of the advice provided by Doctor and for any consequences of any services provided by SSP and MES.

• All the services provided by Rx ooM LLC are technology based and using various Information Technology services, which mainly depend upon availability of power and network connectivity, which are sometimes beyond the control of Rx ooM LLC. The Consumer avails of the service provided by Rx ooM on an as-is basis and assumes all the risks involved for the causes beyond Rx ooM LLC control, with respect to any consequential damages arising out of nature of service, non-availability of service like power, network connectivity, any shortfall in completeness or loss of information stored, or loss of accuracy.

 • Doctors, Consulting specialists, SSP and MES are independent agents who give services in their own individual capacity. Rx ooM LLC is not in any way, responsible for individual acts of improper or incompetent advice or service provided by Doctors, Consulting specialists, or SSP. If it is proven beyond doubt that the promised services provided by the Doctor or SSP were not delivered, Rx ooM LLC can withhold payments to such service providers in specific instances and money collected for that transaction can be credited back to the customer account. If a Doctor fails to keep an appointment due to any reason, he is obliged to refund the money collected for such transaction and give a free consultation slot at a subsequent time mutually suitable. Under such situations Rx ooM LLC will credit the customer account with the refund amount.

1.5. Refunds:

• The payments made against certain subscribed services as well as amount paid towards already availed services by the Consumer to Rx ooM LLC is not refundable. Read the payment terms before effecting payment. Any dues to SSP from consumers and/or payments made by consumer to SSP and refunds thereof will be guided by T and C of the relevant SSP and Rx ooM LLC will not entertain any liability towards any claims made by consumer or SSP. Any mutual claims will have to be settled directly between consumer and SSP.

 • Shortcoming in Service by ‘Doctor’, ‘SSP’ and ‘MESP’: If Consumer informs Rx ooM LLC in writing about shortcoming in services provided by Doctor or SSP, Rx ooM LLC will investigate the claim and at its sole discretion and bar him from in future from any dealings through Rx ooM LLC  Any such complaint must be reported within 72 hours of such an act happening.

2. Usage by Doctor:

Usage of the Platform by SSP/Doctor is subject to acceptance of all Terms & Conditions described below and after signing an agreement by Clicking 'Terms & Conditions' in the Registration Process. Separately, Doctors will have to send a duly signed agreement along with self-attested copies of their ID proof, Address proof, Last Medical degree, and Registration Certificate with appropriate Medical Council. Rx ooM LLC largely depends on self-declaration but reserves the Right to conduct independent validation process.

2.1. Rights to Subscribe and Responsibilities thereof:

• Any Doctor with Indian citizenship and holding a medical degree recognized by Government of India can register and subscribe to Rx ooM as a Doctor, unless he is disqualified or barred by a government authority, any constitutional body or medical council of India or its subsidiaries.

• The Doctor is permitted to make use of Rx ooM Platform and / or all the facilities available for genuine purposes only. The Doctor is not permitted to misuse Rx ooM Platform and / or any facility available thereon, for any commercial, illegal, immoral, or unethical purpose.

• EMR is owned by the Consumer but he needs to give access to the Doctor, whom he is consulting. Accordingly, during Consultation, Doctor will have Rights to view EMR records of the Consumer. At other times, Doctor may ask Consumer and Consumer will have to give explicit access rights (such as before an upcoming appointment or to a family Doctor at all times) to his EMR.

• Doctor is solely responsible to decide if he needs to provide consultation on-line using Video / Audio / phone with the help of Consumer's EMR and reports. If in his opinion, he needs to do a physical examination, he should ask the patient to come for the same at his Clinic / hospital.

• Doctor can publish his Profile with Clinic address and contact details. Doctor can also publish his 'In-Clinic' and 'On-line' Video / Audio / Phone Consultation calendar to enable Consumers to take appointment as appropriate. Doctor may make use of several scheduling related features to ensure that he maximizes his availability for Consumers, keeping waiting time to bare minimum.

 • Under normal circumstances, Doctor is expected to meet with his patients and provide services at agreed timeslot. However, if due to unavoidable circumstances, he needs to reschedule an appointment, he must inform the patient well in advance

2.2 Various Applicable Charges and Consultation Fees: 

 • Charges levied  for procedures conducted by by Clinics/Hospitals & doctor’s Consultation Fees: I  Rx ooM LLC does not influence or control Service/Consultation charges for the services rendered by them  and the same are solely decided by individual Hospitals/clinic/Doctor


 
2.3 Confidentiality:

• EMR of the Consumer is private information of the Consumer and its access to the Doctor is given solely for the purpose of enabling Doctor to provide highest quality of professional Service. Doctor needs to treat EMR and related information confidential. If any information needs to be shared with other authorized personnel (Doctor's Staff member, another Doctor, SSP, patient's close relative etc), it should strictly be on 'need-to-know basis' and in the interest of providing full and better advice. In such cases, Doctor is expected to take permission of the Consumer before sharing such information.

• Doctor will ensure that his staff is made aware of the privacy involved in medical consultation and will not provide access to EMR of the Consumer and Consultation proceedings to staff except for 'need-to-know' basis. • For On-line consultation, Doctor will ensure complete privacy from where he is providing consultation.

• The information provided by the Doctor and the consultation records (examination details, diagnosis, prescription, investigations, medical or surgical procedures carried out or reports of such investigations etc) provided to the Consumer will be stored on the Rx ooM Platform; said information and the proceedings stored on the Rx ooM Platform will be accessible to Rx ooM LLC at all times; to which the Doctor will have no objection at any time.

• Rx ooM LLC is at liberty to use the data for all legal purposes including medical research and statistics. When used for such purposes Rx ooM LLC will take utmost care to keep the identity of the Consumer and Doctor anonymous and confidential adhering to HIPPA guidelines.

 • The Doctor is solely responsible to keep his 'Access' related information such as user name, password and answers to challenge questions etc, as well as access to his email completely confidential.

2.4 Limitations of Liabilities

• Clinic/Doctor needs to be aware and understand that providing an On-line Video / Audio / Phone consultation to a Consumer using Rx ooM Platform poses certain limitations in providing advice as there is no physical examination of the Consumer by the Doctor. It is not equivalent to an In-clinic consultation. On-line Consultation is best suited for 'Follow-up' consultation and for consultation for routine ailments, not requiring physical examination. Under all circumstances, Doctor is solely responsible for deciding if 'On-line' Consulting is suitable for each specific situation.

• All the services provided by Rx ooM LLC are technology based and using various Information Technology services, which mainly depend upon availability of power and network connectivity, and which are sometimes beyond the control of Rx ooM LLC. The Doctor avails of the service provided by Rx ooM on an 'as-is' basis and assumes all the risks involved for the causes beyond Rx ooM LLC's control, with respect to any consequential damages arising out of nature of service, non-availability of service like power, network connectivity, any shortfall in completeness or loss of information stored, or loss of accuracy.

• Each Clinic/ Doctor is an independent agent who provides services in his own individual capacity.
 • While Rx ooM LLC will take every care to safeguard customer data, Rx ooM LLC is not responsible for any accidental loss of data or service discontinuity and Doctor agrees to indemnify Rx ooM LLC against any and all consequential damages.statement

2.5 Termination of Registration

• The Subscription provided to the Doctors can be terminated by Rx ooM LLC at any time, if in the opinion of Rx ooM LLC

i. the Doctor is misusing Rx ooM Platform, or on investigation based on consumer complaint or otherwise found to have provided inadequate services to Consumer
ii. the Doctor is not using Rx ooM Platform for genuine purpose,
iii. the Doctor is using Rx ooM Platform for commercial, illegal, immoral, or unethical purpose.

 • Doctor can decide to discontinue his Registration by informing Rx ooM LLC in writing accordingly.

3. Usage by Support Service Providers (SSP) & Medicine & Equipment Suppliers (MES) :

Usage of the Platform by SSP / MES is subject to acceptance of all Terms & Conditions described below and after signing an agreement by Clicking Terms & Conditions in the Registration Process. Separately, SSP / MES will have to send a duly signed agreement along with self-attested copies of their ID proof, Address proof and applicable Registration Certificate with appropriate authorities. Rx ooM LLC largely depends on self-declaration but reserves the Right to conduct independent validation process.

3.1. Rights to Subscribe and Responsibilities thereof:

• Any SSP / MES registered as a commercial organization in India and managed by authorized personnel as required by statutory bodies and organizations recognized by Government of India can register and subscribe to Rx ooM as a SSP / MES, unless he is disqualified or barred by a government authority or any constitutional body.

• The SSP / MES is permitted to make use of Rx ooM Platform and / or all the facilities available for genuine purposes only. The SSP / MES is not permitted to misuse Rx ooM Platform and / or any facility available thereon, for any commercial, illegal, immoral, or unethical purpose.

• SSPs can publish their Profile with address and contact details of their establishment. SSP also needs to publish their Catalog of Service (for all the tests for which facilities are available) along with their prices.

• Similarly MESs can publish their Profile with address and contact details of their establishment. They should also publish if they provide home delivery of their supplies and charges thereof.

• Doctor may prescribe certain diagnostic tests (from a Pathology or Radiology Lab) and medication to the Consumer based on consultation provided by him either In-person or On-line by using Rx ooM Platform. A prescription so generated under the log-in by the Doctor, is deemed to bear his signature.

• Consumer may place a requisition for certain diagnostic test as a result of prescription issued by the Doctor after the consultation or on his own accord (generally in case of chronic cases). At this time, Consumers account will be blocked by an amount equivalent to the test charges. SSP will get an alert on his dashboard and he needs to get in touch with the Consumer to fix an appointment for conducting the tests before accepting the order. Once the reports are available, the same need to be uploaded into Patient's EMR through the mechanism provided by Rx ooM Platform. Once the reports are uploaded successfully, SSP's account will be credited.

 • Consumer may also place a requisition for certain medicines as a result of prescription issued by the Doctor after the consultation or on Consumer may ask for a refill of a previously issues Prescription by the Doctor (generally in case of chronic cases). MES will get an alert on his dashboard and he needs to get in touch with the Consumer to confirm availability and delivery /pick up mechanism. However, no money will be blocked /collected from Consumers account for supply of medicines. SSP needs to ensure that he collects the money against the supplies directly from the Consumer.

3.2 Various Applicable Charges:

• Registration and Subscription: Every SSP and MES needs to pay a One-time Registration and an Annual Subscription Charges as applicable at the time of registration. Rx ooM LLC reserves the right to charge annual subscription, which will become applicable after the expiry of on-going subscription period.

 • Service Charges of ‘SSP’ / ‘MESP’: Rx ooM LLC does not influence or control charges for the Services offered by and SSP / MES and the same are solely decided by individual Service providers or Product suppliers.

3.3 Confidentiality:

• Medical records of the Consumer are private information of the Consumer. Any requisition for investigation or medical prescription placed by the Consumer is strictly private and SSP / MES is given solely for the purpose of enabling him to provide highest quality of professional Service. SSP / MES needs to treat requisitions and reports strictly confidential at all times. If any information needs to be shared with any authorized personnel, it should strictly be on ‘need-to-know basis’ and in the interest of providing full and better service to the Consumer.

 • SSP / MES will ensure that his staff is made aware of the privacy involved in medical practice and will not share the information with anyone not connected with providing service to the Consumer.

3.4 Limitations of Liabilities

• All the services provided by Ayushaman are technology based and using various Information Technology services, which mainly depend upon availability of power and network connectivity, and which are sometimes beyond the control of Rx ooM LLC. The SSP / MES avails of the service provided by Rx ooM on an ‘as-is’ basis and assumes all the risks involved for the causes beyond Rx ooM LLC’s control, with respect to any consequential damages arising out of nature of service, non-availability of service like power, network connectivity, any shortfall in completeness or loss of information stored, or loss of accuracy.

• SSP / MES, is an independent agent who provides services in his own individual capacity. If it is proven beyond doubt that the SSP / MES did not provide promised services, Rx ooM LLC can withhold payments of such deficient service in specific instances and money collected for that transaction can be credited back to the customer account.

 • While Rx ooM LLC will take every care to safeguard customer data, Rx ooM LLC is not responsible for any accidental loss of data or service discontinuity and SSP / MES agrees to indemnify Rx ooM LLC against any and all consequential damages.

3.5 Settlement of Accounts:

• Rx ooM LLC follows a monthly cycle of accounts reconciliation. By 15th of the following month, Rx ooM LLC will credit all amounts due to individual SSP in his bank account provided by him at the time of registration or updated in his profile subsequently. A monthly statement will also be mailed to his email Id. Any disputes must be raised within 15 days from providing the monthly reconciliation statement.

 • Daily statements will be available in their account section updated on daily basis.

3.6 Termination of Registration:

• The Registration provided to the SSP / MES can be terminated by Rx ooM LLC at any time, if in the opinion of Rx ooM LLC
(a) the SSP / MES is misusing Rx ooM Platform,
(b) the SSP / MES is not using Rx ooM Platform for genuine purpose,
(c) the SSP / MES is using Rx ooM Platform for commercial, illegal, immoral, or unethical purpose.