Him Sanjeevani provides facility of tele-consultation by doctors of Himalayan Hospital. This is a joint initiative of Himalayan Hospital and Moxie Labs Pvt.Ltd.
- Patient can book and do online consultations with doctors
- Patient can maintain health records and reports
- Patient can book OPD appointments and also get digital prescription
INTRODUCTION OF MOXIE LABS PVT LTD
Moxie Labs Pvt Ltd is a facilitator that provides a platform called "HimSanjeevani" which consists of software system built on Cloud technologies and Mobile technologies and user can access its features and associated data from Mobile application and internet both for providing and accessing information on healthcare, prevention, symptoms and cure of diseases and ailments and directory of healthcare service providers, merchant directory of vendors of medical equipment, pharmacy and other supplies. It gives a platform to book appointment with health care service providers registered on the platform. It allows service provider /vendor to publish on the Website its contact information, its location, key doctor's profile. They can also advertise their services, health packages, events, seminar information, and fee schedule and timings for clinic, doctors & consultations with its user id and password. We cannot guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We can only provide you value added services which connects Users directly to the Practitioner. It helps patients to find the best doctors and book appointments with them. Find doctors by their Specialty, Location or by Affiliated Clinics & Hospitals.
TERMS OF SERVICE AGREEMENT
PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR AVAILING SERVICES FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The Agreement applies to you whether you are
a. A Doctor, medical practitioner or health care provider or similar institution to be listed.
b. A patient, his / her representatives or affiliates.
This Terms of Service Agreement (the "Agreement") governs your use of this platform, (to be found at Google Play Store: https://play.google.com/store/apps/details?id=com.moxie.himsanjeevani , or the "Website" at https://www.himsanjeevani.com/), offer of services to avail on this platform. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Moxie Labs Pvt Ltd reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this platform. Moxie Labs Pvt Ltd will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this platform. Your use of the platform following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Moxie Labs Pvt Ltd suggests you to review this Agreement whenever you visit the platform to understand the terms and conditions governing use of the platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Moxie Labs Pvt Ltd for other Services or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the platform. Print option is available for the agreement.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
i. The Indian Contract Act, 1872,
ii. The (Indian) Information Technology Act, 2000, and
iii. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules" and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules"
You must be 18 years of age or older to register, use the Services, or visit or use the platform in any manner. By registering, visiting and using the platform or accepting this Agreement, you represent and warrant to the Moxie Labs Pvt Ltd that you are 18 years of age or older, and that you have the right, authority and capacity to use the platform and the Services available through the platform, and agree to and abide by this Agreement.
The terms and conditions provided here govern the use of this platform, including its all online services, for e.g. to book and cancel appointments, e-prescription( prescription made by doctor using moxie), tele-consultation, get medicine reminders, use of information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the platform. These terms and conditions are compliant with IT (intermediaries guidelines) Rules, 2011 passed under IT Act, 2000.
Moxie Labs Pvt Ltd is only a technical facilitator that provides a platform to access the information on healthcare, prevention, symptoms and cure of common diseases and ailments and directory of healthcare service providers, merchant directory of vendors of medical equipments and other supplies. It is a software to book appointment with health care service providers registered on the platform. It allows a registered service provider /vendor to publish on the platform its contact information its locations, key doctor's profile, main departments, advertise their services, health packages , upload photos, audios, videos, events, seminar information, and fee schedule and timings for doctor consultations with its user id and password allocated at time of registration. Moxie Labs Pvt Ltd cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.
Moxie Labs Pvt Ltd collects the information regarding the Practitioner's profiles, contact details, and practice. Moxie Labs Pvt Ltd reserves the right to make any amendments in any Practitioner's profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the platform in connection with you and your profile is found to be incorrect, you are required to inform Moxie Labs Pvt Ltd immediately.
Registered Service providers/Vendors would be solely responsible for any medical, legal or financial consequences or implications arising out of use of the platform, including any Online Services, or Materials. Moxie Labs Pvt Ltd accepts no responsibility of the same. It disclaims any warranties express or implied connected with use of the platform including its quality, availability or accuracy.
Moxie Labs Pvt Ltd reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the platform. However, Moxie Labs Pvt Ltd shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the platform.
Moxie Labs Pvt Ltd accepts no liability for any contravention of applicable law as a result of use of these Services. Moxie Labs Pvt Ltd shall not be responsible for any breach of service or service deficiency by any Practitioner.
ON PART OF PRACTITIONER, MOXIE LABS PVT LTD SHALL NOT BE RESPONSIBLE FOR:
1. Any information disclosed by the Practitioners in the platform regarding their personal profile or Clinic address or addresses displayed in the platform.
2. If the Practitioner invites other doctors to join his clinic.
3. The schedules and appointments defined including holidays.
4. Accepting walk in patients as well as pre booked appointments.
5. The content in the e-prescriptions stored in the system, its view & use by the patient and doctor both.
6. If the Doctor re-edit the e-prescriptions later.
7. The records maintained in the system.
8. The invitation/ request made by the doctors to his/her patients.
9. Providing on-demand e-consultancy or Broadcast messages on the platform to the clients.
10. For prescribing pre-defined alerts to patients and setting recipients as patients contact no.
11. For referring/sharing the case to his colleagues to discuss the treatment plan.
12. For displaying/managing multiple clinics with one or more doctors.
13. Any wrong medication or treatment given by practitioners or any medical negligence on part of practitioners.
14. Any type of inconvenience suffered by user due to a failure on the part of practitioners.
15. Any misconduct or inappropriate behavior by the practitioner or his/her staff.
16. Cancellation or rescheduling of booked appointment or any variance in the fees charged.
17. Any medical eventualities that might occur subsequent to using the services of a practitioner, whom the user has selected on the basis of the information available on the platform or with whom the user has booked an appointment through the platform.
18. The ranking of the Practitioners on external websites and search engines.
19. Any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Moxie Labs Pvt Ltd.
20. Telemedicine means The delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities.’ 1. ‘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] 2. I know tele-consultation is dependent on high quality internet connection at both ends, else will lead to a sub optimal exchange of information 3. The Registered Medical Practitioners should exercise their professional judgment to decide whether a telemedicine consultation is appropriate in a given situation or an in-person consultation is needed in the interest of the patient. They should consider the mode/technologies available and their adequacy for a diagnosis before choosing to proceed with any health education or counseling or medication. They should be reasonably comfortable that telemedicine is in the patient’s interest after taking a holistic view of the given situation. 4. An RMP would use his/her professional discretion to gather the type and extent of patient information (history/examination findings/Investigation reports/past records etc.) required to be able to exercise proper clinical judgment. 5. If the RMP feels that the information received is inadequate, then he/she can request for additional information from the patient. This information may be shared in real time or shared later via email/text, as per the nature of such information. For example, an RMP may advise some laboratory or/and radiological tests to the patient. In such instances, the consult may be considered paused and can be resumed at the rescheduled time. An RMP may provide health education as appropriate at any time. 6. There are certain limitations on prescribing medicines on consult via telemedicine depending upon the type of consultation and mode of consultation 7. If the RMP has prescribed medicines, RMP shall issue a prescription as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations and shall not contravene the provisions of the Drugs and Cosmetics Act and Rules RMP shall provide photo, scan, and digital copy of a signed prescription or e-Prescription to the patient via email or any messaging platform Principles of medical ethics, including professional norms for protecting patient privacy and confidentiality as per IMC Act shall be binding and must be upheld and practiced. Registered Medical Practitioner would be required to fully abide by Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and with the relevant provisions of the IT Act, Data protection and privacy laws or any applicable rules notified from time to time for protecting patient privacy and confidentiality and regarding the handling and transfer of such personal information regarding the patient. This shall be binding and must be upheld and practiced. Misconduct It is specifically noted that in addition to all general requirements under the MCI Act for professional conduct, ethics etc, while using telemedicine all actions that willfully compromise patient care or privacy and confidentiality, or violate any prevailing law are explicitly not permissible. Some examples of actions that are not permissible: • RMPs insisting on Telemedicine, when the patient is willing to travel to a facility and/or requests an in-person consultation • RMPs misusing patient images and data, especially private and sensitive in nature (e.g. RMP uploads an explicit picture of patient on social media etc) • RMPs who use telemedicine to prescribe medicines from the specific restricted list • RMPs are not permitted to solicit patients for telemedicine through any advertisements or inducements Penalties: As per IMC Act, ethics and other prevailing law MAINTAIN DIGITAL TRAIL/ DOCUMENTATION OF CONSULTATION, in case a prescription is shared with the patient, the RMP is required to maintain the prescription records as required for in-person consultations. Fee for Telemedicine Consultation Telemedicine consultations should be treated the same way as in-person consultations from a fee perspective: RMP may charge an appropriate fee for the Telemedicine consultation provided. RMP should also give a receipt/invoice for the fee charged for providing tele medicine based consultation.
ON PART OF PATIENTS, MOXIE LABS PVT LTD SHALL NOT BE RESPONSIBLE FOR
1. The information disclosed in the platform regarding their personal information or information regarding their family members.
2. The bookings made by the patients for his/her own or for others.
3. E-consulting made by the patients for self and others.
4. The medical records maintained in the system in audio, video or documents mode and its use, view and print.
5. If Clients receive/edit/modify the alerts for medicines, tests, next appointments and symptoms tracking.
6. If client delete or add medicine names and consequence of that revised alerts are generated as changed.
7. Result of any test, as recorded in the platform.
8. Body vitals' records like BP, Sugar levels etc.
9. The result/information displayed upon search & view of Pharmacy, Doctor, Hospital, Blood Bank, Ambulance and Govt. Facilities like Hospital, Janaushadhi Kendra & PHC/CHC or News articles on Healthcare topics.
10. The outcome of search of doctors or appointments, appointment details, follow up, broadcast messages by doctors, e-consulting history etc.
Moxie Labs Pvt Ltd grants you a licence to use the platform, but not to download or modify it, or any portion of it, except with express written consent of Moxie Labs Pvt Ltd and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this platform or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of this platform or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This platform or content of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Moxie Labs Pvt Ltd and / or its affiliates, as applicable.
You cannot frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Moxie Labs Pvt Ltd and its affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilising Moxie Labs Pvt Ltd or its affiliates' names or trademarks without the express written consent of Moxie Labs Pvt Ltd and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Moxie Labs Pvt Ltd and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of www.himsanjeevani.com as long as the link does not portray Moxie Labs Pvt Ltd, their affiliates, or their Services or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Moxie Labs Pvt Ltd logo or other proprietary graphic or trademark as part of the link without express written consent of Moxie Labs Pvt Ltd and / or its affiliates, as may be applicable.
Moxie Labs Pvt Ltd reserves the right to charge the usage fee or download fee of platform any time as it deems fit.
In the event, unavailability of the doctor at the time appointment, the patient can (a) cancel the current appointment or (b) consult another doctor with clinic's/hospital's consent. Cancellation of the appointment by the patient must be done at least 3 hours prior to the time booked for appointment. In such an event, the entire amount will be refunded to the patient within 1 (one) week from the date of cancellation as per the mode of refund proposed by the patient. If the booking confirmation gets delayed due to technical reasons or as a result of incorrect e-mail ID/Mobile No. provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of appointment, Moxie Labs Pvt Ltd will refund the entire amount after approval from Clinic/Hospital within 1 (one) week as per the payment methods provided by the patient. Moxie Labs Pvt Ltd shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.
Any grievances and claims related to the appointment/ refund should be reported to Moxie Labs Pvt Ltd support team support@moxie.one within two (2) days of appointment date with the doctor.
Further, Moxie Labs Pvt Ltd shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another user. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Moxie Labs Pvt Ltd's sole discretion and may be modified or withdrawn at its sole discretion. Moxie Labs Pvt Ltd shall not be obliged to act in any manner to give effect to the content of Users' feedback, such as suggestions for delisting of a particular Practitioner from the Website.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform.
Address: Himalayan Institute Hospital Trust,
Swami Ram Nagar, PO Jolly Grant,
Dehradun, Uttarakhand, India, PIN - 248016
Contact No.: +91-135-2471200, 2471300
Email: pb@hihtindia.org