EHNOTE Tele Remote Terms and Conditions

EHNOTE SOFTLABS PRIVATE LIMITED (EHNOTE) is the service provider of services mentioned below. EHNOTE operates the said services through www.ehnote.com

Please carefully go through these terms and conditions (“Terms”) at : Terms Of Services and the privacy policy available at Privacy Policy

(“Privacy Policy”) before you decide to access the Website or avail the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and EHNOTE (on its and its affiliates behalf) in relation to the Services (as defined below).

  • a medical practitioner or health care provider (whether an individual professional or an organization) or similar institution providing the services on the EHNOTE Remote platform or the Remote (International) platform, as the case may be (“Practitioner(s)”, “you” or “User”); or
  • A patient, his/her representatives or affiliates, searching for Practitioners 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 EHNOTE on the Website, (“Services”), The Services may change from time to time, at the sole discretion of EHNOTE, and the Agreement will apply to you providing the Service. EHNOTE 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
  • EHNOTE Remote is a Service provided by EHNOTE that allows Users & Practitioners to communicate, on paid mode. The Users expressly understand, acknowledge and agree to the following set forth herein below:
    • Users will be able to talk to Practitioner with whom they had earlier consultation on EHNOTE Platform.
    • In case any prescription is being provided to User by the Practitioner, 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 Practitioners be relied upon as a final and conclusive solution.
    • The Users agree to use the advice from Practitioner on the Website pursuant to:
      • an ongoing treatment with their medical practitioner;
      • 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 practitioner;
      • consultation with their medical practitioner before abandoning or modifying their ongoing treatment.
    • The User agrees that by using EHNOTE Remote, the Practitioners on Remote 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 EHNOTE Remote shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner 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 Practitioner.
    • During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User on the Website for access of the User. However, it is expressly clarified that for Users not located within India and using EHNOTE Remote, the Practitioner may or may not issue a prescription, at his sole discretion.
    • Not with standing anything contained herein, EHNOTE is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Practitioner.
    • If Practitioner 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 EHNOTE may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number, based on the Practitioner’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, EHNOTE does not take responsibility for timeliness of such communications.
    • EHNOTE Remote is merely a consulting model, any interactions and associated issues with the Practitioner on EHNOTE Remote including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Practitioner.
    • Any conversations that the Users have had with the Practitioner will be subject to doctor patient confidentiality and treated as such as per the applicable laws, EHNOTE policies, including the EHNOTE guidelines and subject to confidentiality.
    • The User hereby agrees to and grants consent to the EHNOTE’s medical team with the right to audit his/her consultations on the EHNOTE Remote platform for the purpose of improving treatment quality and other related processes.
    • User shall refrain from raising any personal queries or advice on the EHNOTE Remote platform which are not related to a specific disease / medicine.
    • Users shall not use abusive language on the EHNOTE Remote platform. In the event of an abuse from the User is reported by a Practitioner, EHNOTE reserves the right to block such Users from the EHNOTE Remote platform and EHNOTE is not responsible for honouring any refund request towards his/her consultation on the EHNOTE Remote platform.
    • Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. EHNOTE shall not be responsible for any such images or videos shared by the Users with the Practitioners.
    • Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the EHNOTE Remote platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.
    • Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
    • For every paid consultation on the EHNOTE Remote 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 EHNOTE Remote platform, such consultations will not be addressed by the relevant Practitioner.
    • Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the EHNOTE Remote 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 Practitioner, the User shall physically visit the Practitioner 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 EHNOTE Remote platform for any acts that are considered to be illegal in nature.
    • If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of EHNOTE Remote platform, User shall do so at their own risk. EHNOTE shall not be responsible for any breach of Service or Service deficiency by any Practitioner.
    • The User agrees and understands that the transaction with the Practitioner 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 Practitioner is a medical practitioner 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 Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner 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 Practitioner, in any manner whatsoever.
    • The User shall indemnify and hold harmless EHNOTE 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 they can reach us at the information stored in : Contact Us
    • The Practitioner 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 Practitioner, EHNOTE shall have the right to replace such Practitioners for the purpose of consultation to the User.
    • The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
    • The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
    • The Practitioner 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 Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
    • Practitioner shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Practitioners’ knowledge.
    • For direct consultations on the EHNOTE Remote platform, the practitioner shall ensure that they respond to User's health concern within a maximum of two (2) hours of the Practitioner receiving the message (in exceptional circumstances, where the consultation was allocated to a Practitioner without their acceptance). However, the time frame for response shall be between 10 am to 8 pm.
    • In case, the Practitioner has marked himself/herself available for a particular consultation on the EHNOTE Remote platform and he has to make sure he is available to do tele consultation
    • Practitioners should provide e-prescriptions to the Users only via the prescription module. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Practitioner hereby agrees to hold EHNOTE, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
    • For a Practitioner to complete a consultation, it is mandatory to provide a consultation summary via the EHNOTE Doctor module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:
      • Chief Complaints
      • Diagnosis
      • Medicine posology including side effects if any
      • Investigations
      • Lifestyle changes and Prescription
      • Other instructions if any
      • Referral for physical consultation (if necessary)
    • Where the Practitioner learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Practitioner shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.
    • Practitioners shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the EHNOTE Remote platform. If any such drugs are indicated for treatment for a given consultation, the Practitioner shall refer the User for a physical consultation.
    • In the event the Practitioner learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Practitioner agrees to report such events to EHNOTE via the email: support@ehnote.com immediately
    • The Practitioners agrees not to request see for images or video of the User's private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.
    • If Practitioner needs to change the status to 'unavailable', the same could be changed after having completed all the open consultations. In case the Practitioner leaves a consultation open and changes the status to 'unavailable', the Practitioner understands that he shall be liable to pay such penalty as may be imposed by EHNOTE, in these cases.
    • The Practitioner is not allowed to use any other platform other than the EHNOTE Remote platform for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Practitioner.
    • If the Practitioner’s performance on the EHNOTE Remote platform is not compliant with the expected guidelines of EHNOTE or the Practitioner is found to be misusing the EHNOTE Remote platform, the Practitioner may result in losing the privilege of using the EHNOTE Remote feature & platform.
    • The Practitioner acknowledges that should EHNOTE find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then EHNOTE shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
    • In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User may contact EHNOTE's support team via Contact Us
    • It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
    • The Practitioner understands that EHNOTE makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold EHNOTE 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 EHNOTE
    • It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that EHNOTE shall not be liable for any errors in the information included in any communication between the Practitioner and User.
    • The Practitioner shall indemnify and hold harmless EHNOTE 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 Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
    • In the event it is proved that the Practitioners have acted in contravention of any applicable laws, EHNOTE shall provide complete refund to the User, subject to investigation undertaken by EHNOTE.
    • If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and EHNOTE/Practitioner 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 EHNOTE Remote platform which are not related to a specific disease / medicine. In the event the User raises any such personal queries or advice on the EHNOTE Remote platform, EHNOTE reserves the right to terminate the consultation of such Users and further, such Users will not be entitled to any refund.
    • In case a Practitioner is unreasonably abrupt or quick to complete a particular consultation on the EHNOTE Remote platform, then the User shall have the right to request for a refund. EHNOTE shall provide complete refund to the User, subject to investigation undertaken by EHNOTE.
    • EHNOTE reserves the right to permanently block Users from the EHNOTE Remote platform in the event EHNOTE receives multiple cancellation request from such Users for reasons which do not form part of the cancellation policy of EHNOTE.
    • Users are allowed a period of three (2) 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 EHNOTE’s Contact Us
    • EHNOTE shall check the details and process the refund where applicable, solely at its discretion. After a refund request is processed, the money will be refunded to the User in seven (7) working days from the day refund has been approved from EHNOTE.
    • In the event a User raises any concerns regarding the inappropriateness of a particular consultation on the EHNOTE Remote platform, the User agrees that the refund or any other outcome for any such concerns raised by the User will be subject to a detailed review of the said concerns by EHNOTE as per EHNOTE’s internal policies.
    • In all matters related to refund and settlement under this Agreement, EHNOTE 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 EHNOTE shall be final in this regard.
    • EHNOTE Remote is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner feel that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, EHNOTE shall not be held liable.
    • EHNOTE Remote is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.