Medspero Health Private Limited (DoctOpinion) is in the business of rendering Information Technology Services and provides online platform www.doctopinion.com for the doctors empanelled with it (Consultants) to give second opinion to the users of the said platform.
NOTE: www.doctopinion.com is not intended to address emergency or life-threatening medical conditions. If this is an emergency, please reach out to the nearest Hospital/medical centre immediately.
We are closed on Saturdays & Sundays. Turn Around Time (TAT) will vary accordingly.
DoctOpinion is offering the facility of second opinion using e-mail, tele - video conferencing facility ("Tele-Consultation Services" or "Services") through this Website. The following terms and conditions govern all your transactions with respect to the Services including online appointment booking, payment and refunds and/or any and all other transactions through this Website or through its authorized third party websites.
The Services available on the Website does not in any way constitute an invitation or recommendation to avail the Services. The Services provided through the Website are not intended in any way to be a substitute for face to face consultation with a health practitioner. DoctOpinion advices the users to make independent determination in respect of its accuracy, usefulness and suitability prior to making any decision in reliance hereof.
The purpose of the service provided through this Website is to give primary treating doctors and their patients access to additional information for their existing diagnoses which they may or may not choose to utilize in planning medical care. It is not substitute for primary care and no physician-patient relationship is created by use of this Website. The service provided through the Website varies by condition, with special emphasis on providing a second opinion (sometimes referred to as a consulting opinion or an expert opinion) regarding diagnosis and treatment.
The service is limited. In some cases the online nature of the service will make it difficult to verify a diagnosis (particularly with conditions that rely heavily on direct physician-patient interaction for accurate diagnosis). In those cases, the service provided through the Website will focus on the assessment or recommendation of treatment options. The decision to focus on diagnosis, treatment recommendation, or both rests with the primary treating doctor.
The service provided through this Website differs from the diagnostic services typically provided by a primary treating doctor. The medical professionals providing services through this Website will not have
the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the medical professional providing services through this Website may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, the Company strongly encourages you to discuss the second opinion with your primary treating doctor. By deciding to engage the services of this Website, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and provisional; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this Website do not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to diagnose your condition, disease or injury.
You also agree that the second opinion will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent of the Company.
By requesting any service through the Website, you authorize us to collect your medical records on your behalf from any and all facilities that may have such records, store those records, and transmit them to the Consultant or Consultants appropriate for your case.
Terms and Conditions
- Availability, Appointment, Rescheduling and/ or Cancellation:
User Submissions/ Disclosures:
- Services shall be available for various specialities and as per the consultation fees as listed in the schedule on the Website.
- The Services with respect to a specific Consultant shall be available subject to his/ her availability. Confirmation of your appointment with a specific Consultant, as per his/ her availability, shall be sent to you via SMS and/ or e-mail. DoctOpinion reserves the right to reschedule or cancel an appointment without any prior notice.
- The consultation Turn Around Time provided to you is indicative and actual consultation time may vary.
- Your consultation shall be deemed as cancelled in case of delay in submitting required documents.
Mode of Communication:
- The Company takes seriously the privacy of your medical records and personal information. Accordingly, we have taken all reasonable restrictions necessary to protect your confidentiality
- You are required to submit/ upload certain personal and clinical information on the Website for seeking appropriate advice related to the condition of the patient. This information shall include patient's details including clinical history, investigations results, reports, prescriptions, contact details and other relevant details.
- You are advised to submit/ upload all relevant, complete and accurate information on the Website for availing the Services. DoctOpinion reserves the right to cancel your consultation without assuming any liability whatsoever, if the information provided by you is found to be incomplete/ false/ deceptive/ inaccurate or misleading.
- You authorize DoctOpinion and its respective consultants, employees, contractors, business associates and/or agents to access, review, research, analyze, discuss, disclose(where required) and copy your medical and personal information as may be necessary to provide the second opinion you request
- The Services available on the Website shall be provided to you via video conferencing, telephonically or as an email review. Please ensure that you are equipped with proper video conferencing equipments and internet connectivity to avail the Services. In case of inadequate video conferencing equipments, technical error or defective internet connectivity your appointment shall be rescheduled or cancelled.
- You understand and acknowledge that as the Services shall be provided remotely therefore there shall be no physical examination, direct access/ contact or face to face consultation with the patient. The opinion delivered by the Consultant shall solely be based on the verbal communication between the concerned Consultant and the patient and the information provided/ uploaded by you on the Website.
- Always seek the advice of a qualified health practitioner for any questions that you may have regarding a medical condition.
- The Second Opinion Report shall be made available on the Website after receipt of the requisite consultation fees ("Service Fees") and complete documents from you.
- For the purpose of storing your preferences, previous activities, browsing activities, profiling and tracking behavior on this Website, DoctOpinion may use "Cookies". Cookies are small data files that a Website stores on your web browser. By visiting this Website you acknowledge, accept and expressly authorize DoctOpinion for the placement of Cookies on your web browser.
- All services offered by DoctOpinion are offered on a fixed/flat fee basis and are not subject to any discounts or negotiations.
- All fees have to be paid upfront before availing a particular service on the DoctOpinion portal.
- DoctOpinion offers online mode of payment, hence, you may use internet banking or debit/ credit card for making payment of the Service Fees. You shall be directed to our trusted payment gateway partners once you proceed to make payment of Service Fees.
- DoctOpinion shall keep the aforesaid information confidential at all times and shall not utilize and share the same with any of the third parties unless it is an authorized third party website and/ or required by law, regulation or court order.
- DoctOpinion cannot assist with a stop payment request for any payment scheduled using a Payment Account credit card. In any such case, you must immediately and directly contact your payment company.
- DoctOpinion shall not incur any liability and shall declare any service guarantee void in event of one or more of the following circumstances:
- If you have not provided with correct patient details including the patient's name, address, telephone number, mobile number, details of treatment, Service Type, Payment Account information, or the account information of the payee.
- If, through no fault of DoctOpinion, your payment account does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit of your overdraft amount.
- If the transaction amount during payment of the fee happens to be less than the actual fee amount.
- If the payment processing center is not working properly, and you know or have been advised by DoctOpinion about the malfunction, before, at the time of, or after you execute the transaction.
- If circumstances beyond the control of DoctOpinion (such as, but not limited to, fire, flood, or interference from external forces) prevent proper execution of the transaction and DoctOpinion has taken reasonable precautions to avoid these circumstances.
- In case of payment, if the details provided by user are inaccurate, incorrect or entered fraudulently.
Maintaining the Electronic Medical Record
- Once a query has been put forth to any specified Consultant, and has been accepted by the said Consultant, fee charges for the query will not be refunded under any circumstances. It is mandatory for the patients to provide their Case ID numbers at the time of claiming refund subject to the terms and conditions mentioned herein.
- Refunds may be made on your request in case a legible Second Opinion Report is not made available on the Website/via Email within scheduled time. Refunds may be processed within 15 working days from the receipt of a request from you. Request for refund should be sent to contact doctopnion.com
- In the event that you are charged, but the Consultant has to refuse the query due to unavoidable and extenuating circumstances, you will be given an option of choosing another Consultant from the specialty OR will be offered a complete refund, if you so desire. The refund will be credited to your account within 15 working days from the receipt of a request from you.
- In case your credit card/debit card/payment account has been accidentally over-charged, please notify DoctOpinion of the same at the earliest. DoctOpinion will refund the excess amount to your Payment Account within 15 working days from the receipt of a request from you.
- In any case, if there is power failure during transaction or internet speed is too slow and customer is unable to complete the transaction through credit/debit card or through Net banking, though amount have been deducted from the customers’ account, we will fully cooperate with the customer for a refund in their bank accounts within 15-30 days.
- In the majority of cases, there is NO other situation under which DoctOpinion will refund the charges, however in exceptional circumstances, the DoctOpinion team will work with you to reach a mutually acceptable solution. DoctOpinion intends to be objective, fair and reasonable in resolving such situations in order to maintain a positive and harmonious relationship with consumers.
Supplementary Communication/Information and its Limitations
Record of Consumer Information
- DoctOpinion may send you newsletters and other information regarding common medical and health-related topics or preventive care messages containing specific medical and health related information, links to other related websites and specific questions related to your DoctOpinion Record. Additionally, DoctOpinion makes available self-care informational services that provide general, medical and health information. These communications and resources are not comprehensive medical text and do not include complete potential information pertaining to the subject matter. These communications and resources are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed, directly or indirectly as the practice of medicine or dispensing of medical services by DoctOpinion. Such information is not a substitute for consulting an appropriate healthcare professional for medical treatment. The information contained in these communications and resources is compiled from a variety of sources and may or may not be authored by DoctOpinion. DoctOpinion makes no warranty with respect to the content of these materials or the information contained therein.
- The procedures, products, services and devices discussed and/or advertised within the Website are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Website by advertisers, sponsors, and other Website participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Use of Content; Intellectual Property
- As part of the signing up process, you are required to provide us with certain information. Additionally, it is the Consumer’s responsibility to update DoctOpinion, as promptly as possible with any changes in the information so that all records are current, complete and accurate. At any given time, you may be notified that time-sensitive information such as medical information, diagnosis, lab results, etc may need to be reviewed. Such a notification of urgent information review will be sent to the e-mail address provided by you in the records. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to furnish the following information:
- All content included on any DoctOpinion’s Websites or any other material including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are protected by Indian and international copyright and other Intellectual Property laws and conventions. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of DoctOpinion.
- In addition, you shall not commit any of the following acts through use of Company's Website(s): a. transmit any content that is invasive of another's privacy or otherwise objectionable; b. use foul language or post links to adult-oriented content; c. transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of unrequested solicitation; d. post advertising messages or solicitations, URLs containing a referral code or referral address, or links to businesses or pages with advertising, including "blind" or "hidden" referral links; or e. collect, store, use or disseminate personal data or information about other users in any manner whatsoever, including but not limited to, solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
Privacy and Security:
- You will have the opportunity to submit feedback regarding your experiences with Consultants who are featured on the Website, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Website (collectively "Posted Information"). It is important that you act responsibly when providing Posted Information. In providing feedback, please give clear, honest information about the Consultant and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in other interactive or community aspects of the Service, please do not post any information that another user may use to identify you as an individual, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
- We reserve the right to publish your Posted Information as part of the Service and to also to remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on. In addition:
- You are solely responsible for any Posted Information that you submit, publish or display on the Website or transmit to other members and/or other users of the Website.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by DoctOpinion.
- You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
- You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Content on the Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, DoctOpinion, its contractors, and the users of the Website an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that DoctOpinion shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other DoctOpinion users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.
- The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Website. DoctOpinion reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Website. You may not post content that:
- DoctOpinion uses secure encryption technology to keep your information safe and secured at all times. DoctOpinion is committed towards maintaining the privacy of the information uploaded by you on the Website and complies with the industry standards security safeguards for the purpose of securing the Website and the information provided/ uploaded by you.
- DoctOpinion uses all reasonable endeavors to ensure the integrity of the online payment facility's security. Despite our endeavors, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security.
- You agree to use the Website and the Services for lawful, non-commercial purposes only.
- You shall not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Website or the Services.
- You shall not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.
- You shall not copy, modify, adapt, translate, or reverse engineer any portion of the Website, its content or materials and/or the Services.
- You shall not remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or the Services or in or on any content or other material obtained via the Website and/or the Services.
- You shall not use any robot, spider, Website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Services.
- Services for purposes of constructing or You shall not access, retrieve or index any portion of the Website and/or the populating a searchable database of reviews related to the health care industry or medical physicians.
- You shall not reformat or frame any portion of the web pages that are part of the Website and/or the Services.
- You shall not fraudulently misuse the Services by scheduling an appointment with a Consultant which you have no intention of keeping.
- You shall not create user accounts by automated means or under false or fraudulent pretenses or collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
- You agree and undertake to indemnify and keep indemnified DoctOpinion, the concerned Consultant and DoctOpinion for any losses, costs, charges and expenses including reasonable attorney fees that the concerned Consultant and DoctOpinion may suffer on account of (a) misdiagnosis/faulty judgment/interpretation error/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 (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/ prescription/ diagnosis/opinion by you; or (v) failure to follow primary treating doctor's advice/ prescription by you; or (b) incorrect or inaccurate credit/ debit card details provided by you; or (c) using a credit/ debit card which is not lawfully owned by you; or (d) if you permit a third party to use your password or other means to access your account.
Limitation of Liability:
- The use of website, links or any assistance that DoctOpinion may provide shall not create any medical professional/patient relationship between You and DoctOpinion.
- DoctOpinion provides the Services on "as is" basis and expressly disclaims all representations, warranties or conditions of any kind, either expressed or implied, as to the operation of the Website, the information, content, services provided through or in connection with the Website.
- In no event shall DoctOpinion be responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond the control of the management of DoctOpinion.
- You agree and acknowledge that you are solely responsible for your conduct.
- You release and hold harmless DoctOpinion and its respective Consultants, employees, contractors, business associates and/or agents for any harm, claim, injury or damages of any kind including, but not limited to, compensatory, direct, indirect or consequential damage, directly or indirectly, as result of any and all uses of the services hereunder and any review, interpretation or analysis or and/or reliance on any and all second opinion reports, any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of Consultants utilized through use of the service, even if DoctOpinion knew or should have known of the possibility of such damages.
- Any consultation, advice or prescription given by the health practitioner during the consultation must be clinically correlated with the findings of the physical examination of the Patient.
- DoctOpinion shall not be liable for misdiagnosis/ faulty judgment/ interpretation error/ perception error resulting 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 (iii) your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice/ prescription/ diagnosis by you; or (v) failure to follow primary treating doctor's advice/ prescription by you.
- Please note that the Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.
Modification of Terms and conditions of Service:
- This arrangement may be terminated by DoctOpinion at any time, with or without cause.
Governing Law, Dispute Resolution and Jurisdiction
- DoctOpinion may at any time, without any prior notification to you, modify these terms and conditions.
- Please review the latest version of the terms and conditions before proceeding to avail the Services.
- If you continue to use the Service, it shall be deemed that you agree to accept and abide by the modified terms and conditions.
General Terms and Conditions:
- The formation, validity, interpretation, execution, termination of and settlement of disputes which arise under this Agreement shall be governed by and construed in accordance with the laws of India.In the event of any claim, difference, dispute or controversy arising between the Parties under this Agreement or out of or in connection with this Agreement, including without limitation, the execution, validity, enforcement, breach, performance, interpretation, implementation, alleged material breach, termination or expiration of this Agreement, the Parties shall continue performance of their obligations under this Agreement and shall avoid any action which might hinder the proper performance of the Parties obligations hereunder. Further, the Parties shall sincerely endeavour to resolve the dispute amicably by discussions. However, if the dispute cannot be resolved within thirty (30) days of date of issuance of notice by the party raising the dispute to the Party/Parties, such dispute shall be finally settled, as per the provisions of the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed by DoctOpinion. Official language of the arbitration shall be English and the place of arbitration proceedings shall be Delhi. The arbitral award shall be binding on the Parties. The Parties agree that the arbitrator shall also have the power to decide on the costs and reasonable expenses (including reasonable fees of its counsel) incurred in the arbitration and award interest up to the date of the payment of the award.Subject to the provisions of contained herein above, the Parties hereby submit to the exclusive jurisdiction of the courts of Delhi (India) only and no Party shall claim that any such court is not a convenient or appropriate forum.
You acknowledge that the relationship created through your use of this Website shall be of principal to principal. You shall not represent yourself as a representative, agent or employee of DoctOpinion.
You represent and warrant that you are not a minor (i.e. above 18 years of age) and
that you are competent and eligible to enter into legally binding agreement