Eureka Forbes Good Health or EFGH is a platform based solution offered by Idea Bubbles Consulting Services Pvt. Ltd. ("Company") which is based out of 4C, Raintree Hall, Rhenius Street, Richmond Town, Bangalore.
EFGH is a platform across mobile and web that offers users an ability to manage their healthcare OPD needs. EFGH apps are available in Android, IOS and Web format. Using the apps, a user can connect with doctors and avail teleconsultations and appointment booking. EFGH app also enables users to digitize and store their medical records, maintain doctor consultation history, store medical insurance details, order for lab tests and list/order from pharmacies.
The services that users may avail using EFGH include remote doctor consultation (audio, video, chat based) along with access to psychologists, nutritionists and dieticians. The features through app/web based engagement can include booking of doctor appointments, storage of digital medical records, tracking health related vitals, storage of health insurance plans/card details among others.
The following terms and conditions govern all the transactions with respect to EFGH including remote consultations, appointment booking, payment, refund and all other transactions through the app/website or through authorized third party providers.
Remote doctor consultations through EFGH apps/websites do not in any way present to be a substitute for face to face consultation with a doctor. In scenarios where emergency medical care is needed, or where an in-person consultation with doctors or an in-person visit to a hospital is necessary, remote consultation through EFGH does not present an alternative. Remote consultation through EFGH shall be primarily to cover the following scenarios:
1. Early intervention and medical advice before a medical situation fully develops
2. Preventive doctor consultation – advice that helps in avoiding adverse conditions
3. Supplementing in-person visits – after having met the doctor once for a conditions, a user may prefer to remote consult for follow-up consultations
4. Discussion of lab reports
5. Access to doctors while travelling or where easy access to doctor is not feasible
6. Consultations where patients may find it better to consult doctors in privacy
In all above scenarios, users must understand that remote doctor consultation can supplement and not substitute in-person consultation. Remote doctor consultation is not be availed in emergency scenarios or where the user is unable to share with doctor details about the relevant medical history and context of the consultations.
EFGH (meaning the “Company” and the “EFGH team”) team has the right to verify and prioritize each service request. The following terms will guide app/web/offline users of EFGH services:
1. Availability, Appointment, Rescheduling, Free review and/or Cancellation :
a. Tele-consultations shall be available for Family Physician and multiple specialties
b. Tele-consultation from a specific doctor/physician shall be available subject to his/her availability. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via app notification, SMS and/or email. EFGH reserves the right to reschedule or cancel an appointment without any prior notice.
c. Your consulted Physician reserves the right to provide Post consultation review.
d. Your consulted Physician reserves the right to decide whether a consultation can be addressed remotely or can suggest an in-person doctor visit as per their judgment.
2. Information and Documents required :
a. Please submit/upload your required personal and clinical information on the specified place for seeking appropriate advice related to condition of the patient. This information shall include patient’s details including contact details, medical history, testing/investigations results/reports, prescriptions, user name and other relevant details
d. The information provided by you may be used by for the purpose of services including analysis, research, training and disclosure (where required) to its doctors, affiliates, agents and government authorities. But EFGH will take utmost care to protect confidentiality of health data in all such scenarios by ensuring that it is done only with those who are authorized to receive it.
e. The information provided by you can be kept with EFGH indefinitely
3. Equipment and connectivity requirement :
a. The services available on the app/website shall be provided to you via audio/video consultation, or as an offline review through e-mail. Please ensure that you are equipped with proper internet connectivity to avail the services. In case of inadequate internet speeds to facilitate video chat or uploading/downloading of digital medical records, EFGH will make reasonable efforts to reschedule or facilitate a pure telephonic/chat consultation or upload documents through alternate internet connection as may be possible.
b. You understand and acknowledge that there will not be any physical examination involved and the consultation services shall be provided remotely. The opinion delivered by the doctor / physician shall solely be based on the verbal communication between the concerned doctor or the physician and the patient and the test reports and other information provided/uploaded by you on the website
4. Limitation of Liability
a. Company bears no liability for outcomes of facilitating remote consultations. EFGH is a connecting platform that connects users to service providers. The liability for using remote consultation rests solely with the service provider (doctor in case of remote consultations, labs for accuracy of lab test reports etc.).
b. EFGH or its panel of service providers shall not be liable for misdiagnosis / faulty judgment / interpretation error / perception error resulting from:
i. your failure to provide accurate 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 doctor’s advice / prescription by you
c. EFGH 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.
d. Remote consultations cannot be used for specific medical conditions like HIV related consultations. Similarly doctors cannot prescribe injections, or Schedule X drugs (that include narcotic or psychotropic drugs) when consulted remotely.
e. In no event shall EFGH be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including without limitations, damages for loss of use, data or profits arising out of or in any way connected with the use of EFGH services
5. Electronic Payments/ Refunds :
a. EFGH offers fully paid corporate plans that cover basic teleconsultations with doctors. A user may want to avail additional services that include additional consultations above Fair Usage Policy (FUP), pathology and diagnostic lab tests, pharmacy ordering or health event related services from EFGH portfolio of services. For such additional services, user can pay on the app or on the web using integrated payment gateways that will include options of internet banking, debit/credit card and mobile wallets for making payment for the services. You shall be directed to our trusted payment gateway partners once you proceed to make payment of Service Fees
b. EFGH shall not be liable in any manner whatsoever, if incorrect or inaccurate credit / debit card details are provided by you for making the payment of consultation Fees or you use a credit/ debit card which is not lawfully owned by you or if you permit a third party to use your password or other means to access your account
c. EFGH shall keep the aforesaid information confidential at all times and shall not utilize and share the same with any of the third parties unless is an authorized third party website and / or required by law regulation or court order d. Refunds may be made on your request in case prescription is not made available on the app/website, 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. Refunds may be processed within 15 working days from the receipt of a request from you. Request for refund should be sent to email@example.com
e. Remote consultation requests in EFGH platform work on “Request for call back from doctor” basis. Once you submit a request, the doctor may call you back at any time of the day based on his/her schedule. Hence user needs to be open to receiving the doctor call after placing a teleconsultation request. EFGH team make every endeavor to have the doctor call the user back the same day. f. If the user does not accept when the doctor has called, EFGH reserves the right to cancel the call or request the doctor to call again or request an alternate doctor to call. There is no assurance that a specific doctor will call again and again if the users is unable to accept the call back from the doctor.
g. EFGH reserves the right to modify / implement a new Fair Usage Policy at any time in order to ensure that all users have equal easy access to doctors.
6. Use of content: Copyright :
a. Company is offering EFGH platform and services under an explicit brand licensing of Eureka Forbes Good Health (EFGH) from Eureka Forbes Limited (EFL). EFL is also a strategic investor in the Company. Company owns/ has licensed the apps/website as well the intellectual property contained thereon including all programs, processes, designs, software, technologies, trademark, trade names, inventions and materials therein and all the services offered by the doctors / physicians or others on the app/ Website.
b. You shall not use the content available on the website without the prior written permission of Company.
7. Privacy and Security :
a. EFGH uses secure encryption technology to keep your information safe and secured at all time. EFGH is committed towards maintaining the privacy of the information uploaded by you on the app/website and complies with the industry standard security safeguards for the purpose of securing the website and the information provided/uploaded by you.
b. EFGH 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.
8. Indemnity :
a. You agree and undertake to indemnify and keep indemnified EFGH, the concerned doctor/physician for any losses, costs, charges and expenses including reasonable attorney fees that the concerned doctor/physician may suffer on account of (a)misdiagnosis / faulty judgment /interpretation errors / perception error arising from (i)your failure to provide correct and / or complete clinical information / history about the patient in timely and clinically appropriate manner; or (ii)suppression of material facts; or your failure to provide relevant clinical information about the patient; or (iv) misinterpretation of the advice / prescription / diagnosis by you; or (v) failure to follow 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
9. Disclaimer :
a. EFGH 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 operations of the app/website, the information, content, service provided through or in connection with the app/website. b. In no event shall EFGH be responsible for any third party misuse for the data and for any acts, deeds and circumstances beyond the control of the management of Company
c. You agree and acknowledge that you are solely responsible for your conduct
10. Termination :
a. If you choose to proceed with using the EFGH platform, it will be deemed that you have accepted all the terms and conditions here. If you seeks to decline any of these terms, please do not proceed to sign in and avail any of the services.
b. EFGH reserves the right to refuse the use of services immediately in case your conduct is deemed by Company to be in contravention of applicable acts, laws, rules and regulations or considered to be unethical / immoral.
11. Modification of Terms and conditions of service :
a. EFGH may at any time reasonably modify these terms and conditions. Any material change will be communicated to all users. Otherwise you will find the latest version of the EFGH terms and conditions accessible on the EFGH website (www.efgh.co) and through the Sign-in page of the EFGH mobile applications.
b. Please review the latest version of the terms and conditions before proceeding to avail the service.
c. If you continue to use the service, it shall be deemed that you agree and abide by the modified terms and conditions.
12. General Terms and Conditions :
a. This agreement shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts at Bangalore
b. EFGH makes no representation that the services are appropriate for patients in any other location except India as EFGH operates and controls these app/websites from India
c. If any part of the agreement is determined to be invalid or unenforceable pursuant to applicable law then the said provision will be superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect
d. You acknowledge that the relationship created through your use of these apps/ website shall be of principal to principal. You shall not represent yourself as a representative agent or employee of Company.
e. You represent and warrant that you’re not a minor (i.e., you are above 18 years of age) and that you are competent and eligible to enter into legally binding agreement
The terms and condition herein form an agreement. Please read this agreement carefully and if you are not agreeable to any terms and condition please do not proceed further with using EFGH services. These terms and conditions are available on the app/website for you to access directly.
GST is not applicable for doctor consultation fees as it is a healthcare service, but is applicable on services provided by Idea Bubbles Consulting Services Pvt. Ltd. that runs the EFGH program. User, while using EFGH services, agrees that Idea Bubbles Consultng Services Pvt. Ltd is being engaged as a 'pure agent' by the user, who authorizes it to make payments to doctors on their behalf for the consultations.By clicking on “I Agree” on the app/website and proceeding further you signify that you read through, understood and accepted aforementioned terms and conditions of use of service. You must agree to the above terms and conditions in order to avail the services through the app/chat/website.