VHEALTH BY AETNA
Generic Terms and Conditions
2. vHealth helpdesk can be contacted anytime from 8 am till 8 pm on all days, except national holidays. It may be noted that some of the Services may not be available on Sundays. The helpdesk contact number is 1800 103 4466.
3. It is hereby declared that the Company is not a merchant, manufacturer, or provider of medical services, save for its provision of virtual health services. Company makes no express or implied representations or warranties about the description, quality, fitness for any particular purpose, productiveness, or any other matter in relation to Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. In addition to this Company also does not authorize anyone to make any warranty on Company’s behalf. Company and the third party provider of any medical services to you, which you access in conjunction with using the Services (“Medical Service Provider”) reserve the right to revise their charges at any time.
4. SERVICES OFFERED BY THE COMPANY ARE NOT HEALTH INSURANCE POLICIES. The Services provides Members with discounted services through Medical Service Providers at certain locations and access to virtual health services. The benefits provided through the Services are not applicable if you claim insurance benefits on the medical services provided.
5. The Medical Service Providers are independent entities / professionals in private practice and are neither employees nor agents of the Company and/or its parents, subsidiaries or affiliates. The Company does not recommend or suggest any particular Medical Service Provider or promote any particular Medical Service Provider's name or practice. Further, the Company does not make any representations or warranties with respect to Medical Service Providers or the quality of the healthcare services they may provide. The Company shall not be responsible for any breach of service or service deficiency by any Medical Service Providers.
6. You shall not deliberately use the Services in any way that is unlawful or harms the Company or Medical Service Providers, Company’s directors, employees, affiliates, distributors, partners, service providers and/or other Members. If the Company suspects any illegal, wrongful or fraudulent activity, then notwithstanding any other rights Company may have, the Company reserves the right to inform the relevant government or law enforcement authorities. The Company will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
7. The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any component of, or term relating to, the Services or any voucher issued to you by Company and update information from time to time.
8. By using any of the Services, you hereby unconditionally give your consent, subject to the provisions of applicable law, for Company or its representatives to contact you by telephone, SMS or any other mode in relation to the Services as well as for promotion of its services and products; irrespective of the fact that your mobile number may be registered with DND/DNC registry. It is your responsibility to ensure that the contact details provided by you is correct
9. Coupons / voucher /offers / services issued to you by Company as part of the Services SHALL UNDER NO CIRCUMSTANCES BE REDEEMEDABLE FOR CASH AT ANY TIME
10. Any voucher offered by Company may be issued in such manner and form, whether paper, electronic or otherwise, as Company deems fit. The right to utilize the voucher shall vest with an active member, subject to a condition that the voucher is utilized before its expiry date. In exceptional cases, some vouchers/ offers/services may be redeemed by/ made available by customers who are not Members; subject to the sole discretion of Company. In such case, the non Member is deemed to have agreed and accepted the terms and conditions of the Agreement
11. Any advice provided by any Medical Service Provider or the virtual health service shall depend solely on the completeness and accuracy of the information provided by you. Neither Company nor any Medical Service Provider shall be responsible for any damage, whether physical, emotional, psychological or financial, caused to you due to any improper/unintended use of the Services, any coupon issued to you or any of the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any Medical Service Provider or virtual health service to you
12. The Service offered by Company and Medical Service Provider are provided on “As Is” and “As Available” basis and may be subject to certain limitations Consequently in no event shall Company and/or any Medical Service Provider be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost business/revenue/profit/goodwill or damages arising from your use or unavailability of the Services and/or any other the services offered to you by Company in any manner whether or not Company has been warned of the possibility of such damages or could have reasonably foreseen such damages. You shall not be entitled to specific performance of any of the Terms. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and, regardless of the form of the action, will at all times be limited to the aggregate of amount received from you by Company for the Services in the 12 months preceding the cause of action. You specifically agree and understand that neither Company nor any Medical Service Provider is liable to you for any content or illegal conduct of any third party and that you alone accept such risk of harm
13. The views and suggestions expressed by Medical Service Providers in the course of providing the Medical Services shall in no manner be construed as an endorsement by Company. Company shall not be responsible in any manner whatsoever for any act, omission, treatment, diagnosis, advice, view, suggestion or opinion, whether medical or non-medical, professional or non-professional of any Medical Service Provider for any reason whatsoever
14. Company is entitled, without any liability whatsoever, to refuse, limit, suspend, vary or discontinue the provision of any of the Services at any time for any reasonable cause as Company may deem fit.
15. Notwithstanding the aforesaid, the provision of medical services by any Medical Service Provider and any matter relating thereto including but not limited to the manner and the form in which the medical services may be made available to you by any Medical Service Provider may be altered, withdrawn, modified or changed at any point of time. You agree to be bound by any such modifications.
17. MEMBERSHIP TERM: Once the initial membership fee and any enrollment, processing or other fee is paid by you and received by Company, you will become a Member and will be entitled to the Services during from such date until the date of expiry stated on the Company’s membership card which will be sent to you
CANCELLATION : If a member wishes to cancel/terminate his/her membership, he may do so by calling the Company or sending an email within first 14 days of receiving the welcome kit from the Company and the amount paid by the member shall be refunded by the way of electronic transfer or account payee cheque. Post the expiry of the 14 days, from the date of receipt of welcome kit by the Member, no refund shall be made to the Member, in any case whatsoever.
18. RENEWAL OF MEMBERSHIP: Members may be informed by Company about expiry of membership at least one month in advance of their membership card expiry date. It is the responsibility of the member to ensure that Company receives the payment for renewal of membership at least two weeks prior to the membership card expiry date. Company is not responsible and assumes no liability for any suspension or cancellation of your access to the Services in the event your renewal payment is delayed or if Company is unable to process or cash-in your payment cheque. In case of dishonoured cheques, a penalty may be charged. Your access to the Services will be suspended from the expiry date on your current membership card until Company receives full payment for your membership for the next year.
19. RENEWAL CHARGES: The charges for renewal can be confirmed from a month before the expiry date of your membership by calling the helpdesk number. All benefits of the Services will cease upon the expiry of your membership until you successfully renew.
20. LOST CARD: In case of loss of membership card, for any reason whatsoever, Company will issue you with a duplicate membership card at a charge of Rs. 100 /- per card (plus the applicable taxes). The tenure of the membership will remain as specified in the initial membership card, and will also be stated on the replacement card. You will be solely responsible for any activity that is undertaken through your membership until you report your lost card to help desk.
24. INTELLECTUAL PROPERTY: Company respects the intellectual property rights of others, and it expect the same from you. All the content on Company’s website as well as the product/coupon/voucher/package is protected by applicable intellectual property laws. All intellectual property in and to the Company’s website, any software, techniques and processes used in connection with the website, and the product/coupon/voucher/package belongs exclusively to Company or its licensors. Through your use of the website, by no means are any rights impliedly or expressly granted by Company to you in respect of such works. Company and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the website as well as the product/coupon/voucher/package. Notwithstanding the generality of the foregoing, the name, “Indian Health Organisation”, “vHealth”, “vHealth by Aetna” and “Aetna” are the trademark and copyright (or any other intellectual property right) of the Company and/or its Parent Entity. Any use of these trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Company and may be actionable under the applicable laws. When you use the Company’s website in accordance with this Agreement, a limited royalty-free right is granted to you by Company for personal and non-commercial use in India for the time that you are Member. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on you any license to intellectual property rights, whether by estoppel, implication, or otherwise. You hereby agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Company, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership on Company’s website as well as the product/coupon/voucher/package.
25. REPRESENTATIONS AND WARRANTIES: You hereby represent and warrant that
a) You are 18 years of age or older and that your use of the Services shall not violate any applicable law or regulation; In case a minor person (i.e. individual less than 18 years of age) obtains Services as part of your Membership, then You will
b) All information you submit is complete and accurate and that you agree to maintain the completeness and accuracy of such information;
c) You will use the Services solely for your personal and non-commercial use; and
d) You will not use the Services in any way that is unlawful, or harms any person or entity.
26. 27. INDEMNIFICATION: You hereby indemnify, defend, and hold Company, Company’s distributors, agents, service providers, partners, representatives and other Members, and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) your use of the Services (ii) your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing or omission on your part.
27. TERMINATION: Company reserves the right, in the event it finds out in its sole discretion that you breached the Agreement, to suspend and / or terminate your access to and use of Services with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating your access to and use of Services. Upon suspension or termination, your right to use the features on the Company’s website as well as to utilize the product/coupon/voucher/package shall immediately cease. Company shall not be liable to you or any third party for any refund of the membership fees or claims or damages arising out of any suspension or termination of your access to and use of Services or any other actions taken by Company in connection with such suspension or termination.
28. GOVERNING LAW AND DISPUTE RESOLUTION: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to the Services, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties. However, the Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
29. GENERAL PROVSIONS:
a. Severability. If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
b. Notices. All notices and other communications required or permitted here under shall be in writing, in the English language, and shall be sent by e-mail or or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to the Company:
i. at Company’s service email id i.e. email@example.com;
ii. by sending physical mails at 213-B, Okhla Industrial Estate, Phase-III, Delhi-110020
If to you:
i. at the email address provided by you to us when you registered as a Member or as updated from time to time by notifying the Company.
c. Waiver. No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
d. Complete Understanding. The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
e. Force Majeure. Company shall not be liable for any deficiency or delay in Service caused by circumstances beyond Company’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
31. Company does not endorse or influence control over any particular branch of medicine, theory, opinion, viewpoint or position on any topic
32. You understand and agree that any interactions and associated issues with the healthcare practitioners over an audio-visual medium, such as in the case of Company’s virtual health services, has inherent limitations as compared to physical consultation such as: without limitation:
a) In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the health care practitioner (i.e., poor resolution images, etc.) ;
b) There may be delays in evaluation or treatment could occur due to failure of the electronic equipment;
c) In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
d) The health care practitioner may, in his or her sole discretion and professional judgment, determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through Company’s virtual health service.
If you decide to use Company’s virtual health service, you do so in full awareness of such limitations.
33. Company has undertaken basic due diligence at the time of engaging a healthcare practitioner for its virtual health service such as checking his/her medical council registration. Company does not warrant that the healthcare practitioners engaged for the purpose of providing virtual health services shall be possessed of any particular skill or qualification other than what is expressly communicated to you by the Company.
34. You hereby agree that you shall strictly adhere to the advise and instruction received by you under the virtual health services.
35. You shall inform, or arrange to inform, help desk as soon as possible if a medical emergency develops or in the unfortunate event of death.
36. You agree that Company may record, save and store all tele-consultations / instant messaging chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences with you for record purposes and produce these as evidence if required before or directed by a court of law.
38. Before using virtual health services, you agree that you are aware and understand that:
a) Virtual health services are not intended to replace existing primary physician relationship.
b) Medical services rendered by health care practitioners under virtual health service are subject solely to their professional judgment.
c) There is no guarantee that a prescription will be given to you. The health care practitioner may prescribe medications when medically indicated in their sole professional judgment.
d) No Schedule X drugs (i.e. psychotropic and other mind altering drugs) shall not be prescribed to you because of their potential for abuse.
e) Use of Company’s virtual health service is not for emergencies. You will not use Company’s virtual health services for medical emergencies except when no other alternative is available. Company hereby clarifies that its virtual health services is not intended to support medical emergency cases.
39. COMPANY DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY AND/OR LIABILITY FOR (I) THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF THE VIRTUAL HEALTH SERVICES (II) ACCURACY OR COMPLETENESS OF THE PROFESSIONAL OPINION OF HEALTHCARE PRACTITIONERS WHO INTERACT WITH MEMBERS AS PART OF VIRTUAL HEALTH SERVICES (III) TIMELY TRANSMISSIONS OF DATA.
40. COMPANY EXPRESSLY DISCLAIMS ANY LIABLITY ARISING OUT OF ANY PRE-EXISTING MEDICAL CONDITION, ANY ADVERSE DRUG REACTION, MEDICAL PROCEDURE RELATED CONDITION THAT IS NOT CONNECTED TO COMPANY, NEGLIGENCE OR MISCONDUCT OF HEALTHCARE PRACTITIONER ENGAGED BY COMPANY FOR VIRTUAL HEALTH SERVICES.
40. For availing certain health check facilities you need to comply with certain conditions as directed
41. Payment to the concerned lab shall be made directly by you at the time of availing the concerned health check profile (s), unless otherwise agreed upon between you and the concerned lab. It is pertinent to note that the MRP of the test under different profiles may differ from laboratories to laboratories, and accordingly, the savings on each profile may differ depending on the MRP of each profile. Company shall have the right to revise the prices of the profiles set out in the Membership without giving any prior notice for the same.
42. Once the appointment is confirmed, you are required to undergo all the tests mentioned in the selected profile at the desired laboratory. You are further requested to hand over the profile leaf at the desired laboratory before availing of the Medical Services. Each profile test shall be done in accordance with the test defined on profile voucher as A or B. The responsibility of collecting the test reports shall be on you pursuant to the redemption of voucher, and the same shall be collected from the concerned laboratory, where the test was conducted.
43. It is hereby clarified that the confirmation for the appointment for availing of the Medical Services or home collection facility is subject to the availability and time of the Medical Service Provider. In the event of non-availability of home collection facility for a given package is not available in your city/ location; you may be required to visit the laboratories nearest to your location as per the address provided by helpdesk. You shall not be entitled to any concession on the fees pertaining to the Medical Services in case the home collection facility (for the purpose of receiving such Medical Services) is availed by you. You shall be required to pay any amount ranging from Rs. 50/- (Rupees fifty only) to Rs. 200/- (Rupees two hundred only) to the referred lab/lab technician depending on the distance of the laboratory from the collection area.
The Healthcare@home services shall enable you to avail certain healthcare related services from any specialist pursuant to their visit to your house depending upon your requirements and/or medical diagnosis as well as the type of the medical services being provided by the Service Provider, subject to the specialist’s availability (hereinafter collectively referred to as “Services”).
44. Nursing pricing shall be based on the gravity of the case/ illness. The grade of illness can range from Grade 1 to Grade 4, depending upon the level of severity.
45. To avail of the Company’s Healthcare@home services, you shall be required to contact Company by calling the relevant help-desk number (“Helpdesk”) between 8 am and 8 pm on all days, except national holidays. It may be noted that some of the Services may not be available on Sundays.
46. You hereby agree that the payment shall be made through debit card/ credit card to the Service Provider, and the same shall be credited into the bank account designated by the Service Provider before availing the services.
47. Once the request for the appointment is generated by you, Company’s representative shall call you to confirm the appointment within 24 (twenty four) [working] hours from the receipt of the request for such appointment with the concerned Specialist. Once the appointment is confirmed, the Specialist shall visit at the address provided by you to Company’s representative while fixing the said appointment.
48. Any of the offers for availing of the Services cannot be clubbed with any existing offers and schemes or with any other offers or schemes provided by the Company, at any given point of time. It is hereby clarified that the confirmation for the appointment for availing the Services shall at all times be subject to the availability of the Specialist(s).
49. Interest rate/ processing fee charged by the credit card holder’s credit card issuing bank is to be borne by the credit card holder only.
50. All applicable interest/processing fee charges are levied by the credit card’s transactional bank, Company has no accountability whatsoever, on the levied charges.
51. In case of cancellation, Company’s cancellation policy will be applicable, and in case of approval of cancellation, Company shall only refund the vHealth Company product’s standard amount & shall not be responsible for reversing or refunding any interest /processing fee charged by the credit card holder’s credit card issuing bank.
52. The EMI amounts displayed is of tentative nature in lieu of approximate calculation. The actual EMI amount as per selected tenure might vary as per interest charged by the credit card issuing bank(s), & Company shall not bear any and all accountability for any such change in interest / processing fees charged by the credit card issuing bank for any transaction done for purchase of Company’s product(s).