Sushena Health is the service provider of services mentioned below. Sushena Health under the brand name ‘SUSHENA’ operates the said services through https://www.SUSHENAHEALTH.
NATURE AND APPLICABILITY OF TERMS:
The Agreement applies to:
a medical Healthcare Provider or health care provider (whether an individual professional or an organization) or similar institution providing the services on the Consult platform,
A patient, his/her representatives or affiliates, searching for HEALTHCARE PROVIDERS through the Website (“End-User”, “you” or “User”); or
Otherwise a user of the Website (“you” or “User”).
This Agreement applies to those services provided by SUSHENA on the Website, (“Services”),
The Services may change from time to time, at the sole discretion of SUSHENA, and the Agreement will apply to you providing the Service.
SUSHENA reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your providing of Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for providing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the (Indian) Information Technology Act, 2000, and
Consult is a Service provided by SUSHENA that allows Users & Healthcare Providers to communicate, on paid mode. Further, Users may access this feature on Website/ platform to get assigned, for the purposes of consultation, to a Healthcare Provider whereby such Healthcare Providers are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Healthcare Provider. The scope of this feature as detailed herein is collectively referred to as “Consult”.
Terms for Users:
The Users expressly understand, acknowledge and agree to the following set forth herein below:
Users can choose the Healthcare Provider in certain events (like through Q&A offering). In cases where Users cannot choose a Healthcare Provider (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Healthcare Provider.
In case any prescription is being provided to User by the Healthcare Provider, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Healthcare Providers be relied upon as a final and conclusive solution.
The Users agree to use the advice from Healthcare Provider on the Website pursuant to:
an ongoing treatment with their medical Healthcare Provider;
a condition which does not require emergency treatment, physical examination or medical attention;
medical history available as records with them for reference;
a record of physical examination and report thereof with them, generated through their local medical Healthcare Provider;
consultation with their medical Healthcare Provider before abandoning or modifying their ongoing treatment.
The User agrees that by using Consult, the Healthcare Providers on Consult will not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Healthcare Provider is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Healthcare Provider.
During the consultation and thereafter, the Healthcare Provider may upload the prescription/health records of the User on the account of the User on the Website for access of the User.
Notwithstanding anything contained herein, SUSHENA is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Healthcare Provider.
If Healthcare Provider responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that SUSHENA may send such communications like text messages/email/calls before and/or after Healthcare Provider’s consultation (physical or online) to User’s mobile number, based on the Healthcare Provider’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, SUSHENA does not take responsibility for timeliness of such communications.
User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.
Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Healthcare Provider, SUSHENA reserves the right to block such Users from the Consult platform and SUSHENA is not responsible for honoring any refund request towards his/her consultation on the Consult platform.
Users may share images or videos of the affected areas of their body parts with the Healthcare Provider only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. SUSHENA shall not be responsible for any such images or videos shared by the Users with the Healthcare Providers.
Users shall ensure that any interaction/communication with the Healthcare Providers, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Healthcare Providers.
Users shall be prepared to share all relevant documents or reports to the Healthcare Provider promptly upon request.
For every paid consultation on the Consult platform, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation on the Consult platform, such consultations will not be addressed by the relevant Healthcare Provider.
Users shall not persuade Healthcare Providers to prescribe drugs (including higher dose strength) that do not conform to the Consult prescription policy. The restricted drugs are as follows:
Medication for Medical Termination Pregnancy (MTP)
Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.
If restricted drugs are indicated for treatment or management of a disease or condition by a Healthcare Provider, the User shall physically visit the Healthcare Provider of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.
If User decides to engage with a Healthcare Provider to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. SUSHENA shall not be responsible for any breach of Service or Service deficiency by any Healthcare Provider.
The User agrees and understands that the transaction with the Healthcare Provider are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Healthcare Provider is a medical Healthcare Provider who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Healthcare Providers via the Website. It is expressly clarified that at no point in time can it be construed that the Healthcare Provider is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Healthcare Provider, in any manner whatsoever.
The User shall indemnify and hold harmless SUSHENA and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
The User shall make payment using the payment gateway to make payments online, solely at User’s discretion. Should there be any issues with regard to the payment not reaching the SUSHENA account, the User may contact SUSHENA’s support team at contact@@sushenahealth.com
Terms for Healthcare Providers:
The Healthcare Provider shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Healthcare Provider, SUSHENA shall have the right to replace such Healthcare Providers for the purpose of consultation to the User.
The Healthcare Provider further understands that, there is a responsibility on the Healthcare Provider to treat the User, pari passu, as the Healthcare Provider would have otherwise treated the User on a physical one-on-one consultation model.
The Healthcare Provider has the discretion to cancel any consultation at any point in time in cases where the Healthcare Provider feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Healthcare Providers. However, it is strongly recommended that the Healthcare Provider advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
The Healthcare Provider is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Healthcare Provider shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Healthcare Provider shall at all times ensure that all the applicable laws that govern the Healthcare Provider shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
Healthcare Provider shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Healthcare Providers’ knowledge.
The Healthcare Provider understands that SUSHENA makes no promise or guarantee for any uninterrupted communication and the Healthcare Provider shall not hold SUSHENA liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by SUSHENA
The Healthcare Provider understands that SUSHENA makes no promise or guarantee for the number of consultations that will be allocated to a Healthcare Provider on the Consult platform. The consultations allocated to a Healthcare Provider will depend upon various factors, which inter-alia includes, Consult response time, patient feedback and number of Healthcare Providers available, etc., It is the responsibility of the Healthcare Provider to keep a track of their overall performance
It shall be the responsibility of the Healthcare Provider to ensure that the information provided by User is accurate and not incomplete and understand that SUSHENA shall not be liable for any errors in the information included in any communication between the Healthcare Provider and User.
The Healthcare Provider shall indemnify and hold harmless SUSHENA and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Healthcare Provider, violation of any law, rules or regulations by the Healthcare Provider or due to such other actions, omissions or commissions of the Healthcare Provider that gave rise to the claim.
Refund policy for Patients:
In the event it is proved that the Healthcare Providers have acted in contravention of any applicable laws, SUSHENA shall provide complete refund to the User, subject to investigation undertaken by SUSHENA.
If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and SUSHENA/Healthcare Provider shall be entitled to take any legal action, depending upon the gravity of the matter.
User shall refrain from raising any personal queries or advise on the Consult platform which are not related to a specific disease / medicine. In the event the User raises any such personal queries or advice on the Consult platform, SUSHENA reserves the right to terminate the consultation of such Users and further, such Users will not be entitled to any refund.
In case a Healthcare Provider does not respond to a paid consultation within ten (10) minutes from the time of starting a consultation on the Consult platform, or does not respond for more than fifteen (15) minutes during an active consultation, the User shall have the right to request for a refund and any amounts paid by the User with respect to the such consultations will be refunded.
SUSHENA reserves the right to permanently block Users from the Consult platform in the event SUSHENA receives multiple cancellation request from such Users for reasons which do not form part of the cancellation policy of SUSHENA.
Users are allowed a period of three (3) days to flag any consultation as inadequate, and request for a refund. No refund requests shall be considered thereafter.
Users can request a refund by contacting SUSHENA’s support at firstname.lastname@example.org
In all matters related to refund and settlement under this Agreement, SUSHENA shall decide so at its sole and absolute discretion after detailed review of the matter and taking into account all the involved parties’ information. The decision of SUSHENA shall be final in this regard.