TERMS AND CONDITIONS
Project StepOne (“StepOne”) is a platform which aims to provide increased access to healthcare providers through the method of telemedicine consultation.
The following terms and conditions govern all the transactions with respect to tele-consultations through the Website or through its authorized third party websites. The services provided through the Website are not intended in any ways to be a substitute for face to face consultation with a doctor. StepOne advises the users to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof. Terms ‘you’ and ‘your’ hereafter refer to the user both registered and unregistered who is using/browsing through the StepOne and/or partner websites and/or availing any of the services from StepOne.
Please read these Terms and Conditions and the Privacy Policy carefully before accessing the Website. By using the StepOne platform, patients agree to the following:
General
A. All telemedicine consultations through StepOne platforms are provided by independent volunteer Registered Medical Professionals (“RMP”) who are not employed by or are agents of StepOne. StepOne does not take responsibility for the advice given or treatments prescribed by volunteer RMPs on its platform.
B. You must be 18 years of age or older to use the Services or visit or use the Website in any manner. By visiting and using the Website or accepting this Agreement, you represent and warrant to StepOne that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website. In case, a minor patient requires tele-consultation, it shall be provided only when a parent or guardian is present and identifies himself/herself. The parent/guardian will be fully responsible for complying with these Terms and conditions.
C. All medical consultation provided by the RMP shall be strictly in accordance with the applicable laws and regulations as notified by the Government of India and other public authorities. Volunteers RMPs shall be solely responsible for any medical advice and prescription issued by them to patients.
D. A volunteer RMP may refuse further tele-consultation or treatment without physical examination of the patient either through video-conferencing or in-person visit to the volunteer RMP or designated healthcare worker.
E. Volunteer RMPs shall only prescribe medication or treatments in accordance with the Telemedicine Guidelines notified as Appendix 5 of the Code of Medical Ethics. Neither StepOne nor volunteer RMPs shall take responsibility for a patient’s inability to adhere to the requirements prescribed therein for issuance of a prescription.
F. All telemedicine consultation provided by volunteer RMPs through the StepOne platform are provided free of charge to patients. No professional or administrative fees shall be collected from patients for the same.
G. Patients shall not make any payment to any person who claims to be acting on behalf of or for the StepOne platform.
2. Information and Documents required
A. You are solely responsible for the medical, health and personal information you provide to StepOne or any of the doctors that you communicate with through StepOne. The advice of the doctor will depend upon the information provided by you.
B. User discretion is advised while submitting/uploading your required personal and clinical information on the specified place. This information shall include patient’s details including contact details, medical history, testing/investigations results/reports, prescriptions, card holder name and other relevant details.
C. Patients shall be asked to verify the information recorded by an RMP during the course of a tele-consultation and shall do so in order for the consultation to continue.
D. If the information provided by you is false/deceptive/inaccurate or misleading, StepOne reserves the right to cancel your consultation without assuming any liability whatsoever. Hence, it’s advised to submit/upload all relevant and accurate information on the portal.
E. The information provided by you may be used for the purpose of services including analysis, research, training and disclosure (where required) to its affiliates, agents and government authorities.
F. The information provided by you can be kept with StepOne indefinitely and can be used without revealing your identity.
3. Equipment and connectivity requirement:
A. The services available on the website shall be provided to you via audio/video consultation, or as an offline review through email. Please ensure that you are equipped with proper video conference equipment and internet connectivity as mentioned or is relevant for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet StepOne reserves the right to reschedule or cancel your appointment without any notice
B. You understand and acknowledge that there will not be any physical examination involved and the consultation services shall be provided remotely. The opinion delivered by the doctor / physician shall solely be based on the verbal communication between the concerned doctor or the physician and the patient and the test reports and other information provided/uploaded by you on the website
C. StepOne or the volunteer RMP shall not be liable for misdiagnosis / faulty judgment / interpretation error / perception error/ Adverse events/ inefficacy of prescribed treatment or advice/ validity of the advice or prescription provided by the consulting Doctor in your country of residence/ unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post consultation from StepOne or any of its volunteer RPms.
4. Cookies
StepOne , like many other websites, uses “Cookies”. Cookies are small data files that a Website stores on your web browser. These are used for the purpose of storing your preferences, browsing activities, profiling and tracking behaviour on this Website. By visiting StepOne you acknowledge, accept and expressly authorize StepOne for the placement of Cookies on your web browser
5. Consent
Where a tele-consultation has been initiated by a patient, it shall be assumed that the patient has provided consent as per the privacy policy on the website to avail medical services of the volunteer RMPs through telemedicine. Should a patient wish to withdraw such consent, they must do so explicitly and in such an event the volunteer RMPs shall cease the tele-consultation with immediate effect.
6. Use of Content & Copyright
A. StepOne owns the website as well the intellectual property contained thereon including all programs, processes, designs, software, technologies, trademark, trade names, inventions and materials therein and all the services offered by the doctors / physicians or others on the Website
B. You shall not use the content available on the website without the prior written permission of StepOne. Any breach of the applicable law shall be followed with the appropriate legal action by Project StepOne.
7. Privacy and Security
A. StepOne uses secure encryption technology to keep your information safe and secured at all times. StepOne is committed towards maintaining the privacy of the information uploaded by you on the website and complies with the industry standard security safeguards for the purpose of securing the website and the information provided/uploaded by you.
B. StepOne shall adopt all additional necessary measures in accordance with law to ensure that data and information shared by patients is kept secure from breach or unauthorized dissemination.
C. Despite our endeavors, breaches of security and confidentiality could occur. You acknowledge that StepOne and the volunteer RPms or any other volunteers of StepOne are not liable for any loss suffered by you as a result of any breaches in security or in the event that the confidential personal information of a patient is compromised by reason of a technology breach.
8. Indemnity
A. You agree and undertake to indemnify and keep indemnified StepOne, the associated volunteer doctor/physician/RMP for any losses, costs, charges and expenses including
reasonable attorney fees that the concerned doctor/physician/RMP and StepOne may suffer on account of misdiagnosis / faulty judgment /interpretation errors / perception error arising from (i) your failure to provide correct and / or complete clinical information / history about the patient in timely and clinically appropriate manner; or (ii) suppression of material facts; or your failure to provide relevant clinical information about the patient; or (iii) misinterpretation of the advice / prescription / diagnosis by you; or (iv) failure to follow doctor’s advice / prescription by you.
9. Disclaimer
A. StepOne provides services on an “as is” basis and expressly disclaims all representations, warranties or conditions of any kind, either expressed or implied, as to the operations of the website, the information, content, service provided through or in connection with the website.
B. In no event, shall StepOne be responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond the control of the management of StepOne.
C. You agree and acknowledge that you are solely responsible for your conduct.
10. Limitations of Liability
A. StepOne and their volunteer RMPs shall not take any liability for the accuracy of information provided by patients during the course of a tele-consultation and shall accept no liability for any injury, damage, or loss that is caused by inaccurate information provided by a patient during the course of a tele-consultation.
B. StepOne or the volunteer RMP shall not be liable for misdiagnosis / faulty judgment / interpretation error / perception error/ Adverse events/ inefficacy of prescribed treatment or advice/ validity of the advice or prescription provided by the consulting Doctor in your country of residence/ unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post consultation from StepOne or any of its volunteer RMP’s.
C. In no event shall StepOne be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits, arising out of or in any way connected with the use of telemedicine helpline.
11. Not for Emergency Use
A. The services provided by StepOne are not intended to be a substitute for getting in touch with emergency healthcare. In case of any emergency and life-threatening conditions, it is advised that you contact the nearest hospital or an ambulance service immediately.
12. Termination
A. This arrangement may be terminated by either party at any time, with or without cause.
B. StepOne reserves the right to refuse the use of services immediately in case your conduct is deemed by StepOne to be in contravention of applicable acts, laws, rules and regulations or considered to be unethical / immoral in any manner.
13. Modification of Terms and conditions of service
A. StepOne may at any time, without any prior notification to you, modify these terms and conditions.
B. Please review the latest version of the terms and conditions before proceeding to avail the service.
C. If you continue to use the service, it shall be deemed that you agree and abide by the modified terms and conditions.
14. Written Communication
The applicable laws prescribe that certain communications with patients must be done in writing. Such written communication may be made in electronic form through email, SMS, or instant messaging. Patients agree that when required to do so they shall take all necessary steps to communicate in writing with the volunteer RMPs and the StepOne platform. Failure to do so shall result in suspension or termination of a tele-consultation.
15. Governing Law
A. The Parties agree that this Agreement shall be governed by, interpreted, construed and enforced in accordance with the laws of India.
B. In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement (“Dispute”), the Parties shall use their best endeavours to settle such Dispute.
C. If the Parties are unable to resolve the Dispute within 30 (thirty) days of commencement of consultation proceedings, the Dispute shall be referred for determination by a sole arbitrator in accordance with the remaining provisions of this clause. .
D. The seat of arbitration shall be Bangalore, India and the arbitration proceedings shall be conducted in English language. However Project StepOne reserves the right to initiate action for breach of these terms and conditions in the appropriate Courts of the city/state/country where a party may have committed a breach.
E. The decision of the arbitrator shall be final and binding on the Parties.
F. The Parties shall bear their own legal costs and expenses in relation to the arbitration proceedings conducted under this Agreement.