Welcome and Thank you for visiting Second Consult’s website. We hope you love using Second Consult. We really do. This document contains important information that you need to consider before making an important decision.
All health information posted on the site is based on the latest research and national treatment standards, and have been written or reviewed and approved by Second Consult physicians or health professionals unless otherwise specified.
The information provided on http://www.secondconsult.com/ is designed to support, not replace, the relationship that exists between patient/site visitor and his/her physician, nor is intended to replace the medical advice of your doctor or healthcare provider. Please consult your healthcare provider for advice about a specific medical condition.
This Agreement (“Agreement”) and the policies referred to herein contain the terms and conditions that apply to your use of the Internet Web Site and services located at https://www.secondconsult.com (“Web Site”) and all affiliated web sites owned, operated, licensed or controlled by Second Consult (“Company”).
Please read this agreement carefully. This agreement governs your use of the website and services made available through the website. If you do not agree to the terms of this agreement or any revised version of this agreement, please do not use this web site including any medical second consult that you may have received on the web site in any way.
The Agreement applies to you whether you are –
- A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“You” or “User”); or
- A user of the Website or App (“You” or “User”).
Your access and use of the Web Site creates a binding and enforceable legal agreement between you, the Web Site user, and Company and signifies your acceptance and consent to be bound by the terms and conditions contained in this Agreement.
Arbitration notice and class action waiver: you agree that disputes between you and us will be resolved by binding, individual arbitration and that you waive your right to participate in a class or collective action lawsuit, or class or collective arbitration.
Please note that we offer the Services “AS IS” and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
This Agreement applies to all services made available by Second Consult on the Website or App.
The Services may change from time to time, at the sole discretion of Second Consult, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.
This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.
You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies, and other policies applicable in general and/ or to specific areas of this Website or to a particular Service are also considered as part of the Agreement.
Your access to use of the Website and the Services will be solely at the discretion of Second Consult. 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
- 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”).
Secondconsult.Com is not intended to be accessed or used for a medical emergency. If this is a medical emergency, please call the local emergency number for medical assistance immediately. Do not rely on electronic communications for assistance in regard to your immediate, urgent medical needs. This website is not designed to facilitate medical emergencies. The second consult cannot guarantee response times if you choose to use this site in the event of a medical emergency.
2. ABOUT THE WEBSITE
While we make reasonable efforts to provide you with accurate content, we make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or any other content available through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through the services.
3. DISCLOSURE OF MEDICAL INFORMATION
Protecting patient privacy and keeping your information secure are among our biggest priorities. The Company takes seriously the privacy of your medical records, health information, and personal information. Accordingly, we have taken all reasonable precautions necessary to protect your privacy in accordance with all applicable laws.
By using and/or registering on the Website, you authorize the Company and their respective medical practitioners, employees, contractors, business associates, and/or agents to access, review, research, analyze, discuss and copy your medical and personal information as may be necessary to provide the medical consultation you request. The use of information that identifies you will not exceed this stated purpose, unless and until you authorize and direct such additional disclosure(s).
4. NO DOCTOR-PATIENT RELATIONSHIP
No licensed medical professional/patient relationship is created by using the information provided by or through the use of the site, links to other sites, or any assistance we may provide to help you find an appropriate medical professional or specialist in any field.
- You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with locating appropriate medical care from a qualified practitioner.
- It is hereby expressly clarified that the Information that you obtain or receive from Second Consult, and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the Website is for informational purposes only. In no event shall Second Consult be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- Second Consult encourages Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting from or arising from, or related to, the use of the Site or Services whatsoever.
5. AUTHORIZATION AND ACKNOWLEDGMENT; IMPORTANT INFORMATION ABOUT HEALTHCARE PROVIDER RELATIONSHIPS AND HEALTHCARE PROVIDER LISTS
In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that:
You are responsible for choosing your own healthcare provider, including without limitation, determining whether the applicable healthcare provider is suitable for your healthcare needs to be based on specialty, experience, qualification, licenses, and other important facts and circumstances that could impact your care.
Second Consult or its designee takes certain limited steps to (a) verify that Healthcare Providers participating in the Services hold certain active licenses, certifications, or registrations required by law to practice the specialties of the services offered by them through the Services, and (b) verify that Healthcare Providers are not listed in the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. The second Consult may also exclude Healthcare Providers from our Services who, at Second Consult’s discretion, have engaged in inappropriate or unprofessional conduct.
Some Healthcare Providers listed through the Services enter into contracts with us and may pay us a fee in order to be marketed through or to use the Services. To help you find Healthcare Providers who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Providers participating in the Services, we will provide you with lists and/or profiles of Healthcare Providers. These results are based on information that you provide to us, such as insurance information, geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Second Consult users, and past experience of Second Consult users with Healthcare Providers).
Note that Second Consult:
- Does not recommend or endorse any Healthcare Providers,
- Does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and
- Does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below).
6. RELIANCE ON SECONDCONSULT.COM FOR TELE RADIOLOGY
You acknowledge and agree that SecondConsult.com radiology report should not in any form, shape or fashion constitute a diagnosis, medical advice, treatment, medical care or establish any doctor-patient relationship. Furthermore, you understand that your treating physician(s) will remain at all times solely responsible for your diagnosis, care, treatment and evaluation of the second consult radiology report. Your doctor shall directly communicate to you all information contained in SecondConsult.com radiology report.
7. MEDICAL SECOND CONSULTATION
7.1. Medical Second Consultation Assumptions:
The Second Consultation Services through secondconsult.com are being made available to you on the following assumptions:
- That the patient for whom medical second opinion is being sought is alive and is presently residing in India;
- That the patient is already under the care of a local qualified and specialized medical practitioner (“Treating Physician”).
- That the patient seeks a second opinion on the medical response (diagnosis, prognosis, treatment etc) that has been offered to him / her strictly in good faith and that such opinion shall not be used against any person in any manner.
- That the patient is willing and is in a position to visit the qualified medical practitioner (“Specialist”) to seek medical consultation, but owing to the distance and cost involved, the patient would first like to understand what kind of medical response would be offered to the patient by the Specialist. This is the sole premise of the patient to use the Web Site for Second Consultation purpose and of the Specialist to offer his/her medical second opinion to the patient.
- That the medical second opinion provided on the Web Site is based on the information that you make available to Specialist and is subject to be improved upon or modified in the event of an in-person examination and/or further tests carried out by such Specialist or any other qualified medical practitioner.
- That you are aware that the Specialist with whom you interact on the Web Site is qualified and licensed to provide medical second opinion in the geographical area where the medical practitioner resides, that he may or may not be located in India, and that if there was ever a question on the precise location where the medical second opinion was provided, it would always be the area where the medical practitioner resides and not the area where you reside or have business.
- That the medical second opinion is intended as a guide for the Treating Physician and that you (or if you are not the patient, the patient) will not draw any conclusion or inference from the medical second opinion received on the Web Site.
- That by providing the medical opinion, neither the Company nor the concerned Specialist agrees to assume charge of your care”
- That, under no circumstances, a prescription for medicines shall be issued to you.
- If you or the patient you are representing do not/does not agree with any of the above statements either wholly or partly, you must not use the Services or access the Web Site.
7.2. Limitations Of Second Medical Consultation On The Web Site
Since the Company also provides medical second opinion services over the internet, there are certain inherent limitations to the Services on offer. These limitations include, but may not be restricted to:
- In some cases, the Specialist may feel that the information provided is too inadequate to provide a good quality second opinion and may ask for further information to be made available.
- Occasional delays are possible due to the complexity of the case or technical issues.
- Despite all precautions to ensure cyber security, an occasional breach of confidentiality of data is possible.
- In rare cases, a lack of access to complete medical records may result in adverse drug interactions, allergic reactions or other judgment errors.
8. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS
- While Second Consult will try to ensure a confirmed appointment with a medical service provider (like doctor or diagnostic lab) for a User who requested an appointment on the Website or App, Second Consult do not guarantee that the User will get a confirmed appointment. Further, Second Consult have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider are not available as per the given appointment time.
- You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Second Consult responsible for any such interactions and associated issues and Second Consult will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence Second Consult is not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. Second Consult shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
- Without prejudice to the generality of the above, Second Consult will not be liable for:
- Any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), pharmacy(s), or any medical negligence on part of any of the above;
- Any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
- Cancellation or rescheduling of booked appointment or any variance in the fees charged;
- Any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked an appointment or performed a transaction through the Website or App.
- Further, Second Consult 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 Second Consult’s sole discretion and may be modified or withdrawn at its sole discretion. Second Consult may moderate such feedback at any time. Second Consult shall not be obliged to act in any manner to give effect to the content of Users’ feedback.
9. ONLINE PAYMENT ON WEBSITE AND APP
You acknowledge that you or any authorized individual acting on your behalf and who is requesting a medical opinion is responsible for all fees charged by the Company for the Services. You understand that you (or anyone else authorized by you) must pay these fees in advance, and that it is your responsibility to pursue any third-party insurance reimbursement at your own expense, if any.
- The Website and App provide you the ability to pay online through a third party payment gateway for some of the Services available on the Website or App.
10. CANCELLATION AND REFUND POLICY
The Company believes in the quality of its Services and incurs substantial costs to make the Services available to you. Therefore, the Company does not offer part or full refund against its Services under any circumstance.
If you are not satisfied with the medical consultation provided to you, you may write about your grievance along with detailed reasons for your non-satisfaction to ———-. We assure you that your grievance will be processed objectively and, where appropriate, a revised medical second opinion will be issued to you.
The Company believes in the quality of its Services and incurs substantial costs to make the Services available to you. If you are not satisfied with the medical consultation provided to you, you may write about your grievance along with detailed reasons for your non-satisfaction to ———-. We assure you that your grievance will be processed objectively and, where appropriate, a revised medical second opinion will be issued to you.
The cancellation and refund policy is only applicable to all online payments made through mobile app and website for booking appointments.
- In case cancellation is initiated by end user:
- Before Schedule Appointment Time- 100% of Consultation Fees will be refunded. However, please note that convenience fees will not be refunded.
- After Scheduled Appointment Time- neither Consultation Fees nor Convenience Fees will be refunded.
In case Cancellation is initiated by relevant hospital due to unavailability of Doctor:
- 100% of consultation Fees and Convenience fees will be refunded to end user.
At the time of cancellation, amount will be refunded via same source of payment and will be subject to the payment terms of the source only. Amount will be refunded within 7 working days.
11. YOUR RESPONSIBILITIES
11.1. Your Account Credentials
When you create a Second Consult account, you will provide an email address and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to email@example.com. You may also be able to connect to the Services through a third party service, such as Facebook or Google. If you connect to the Services through a third party service, you give us permission to access and use your information from such third party service as permitted by such third party service, and to store your log-in credentials for such third party service. Second Consult has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.
11.2. Your Responsibilities Generally
The Services are free, but you are still responsible for your healthcare expenses. Usual, customary and any other charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Second Consult is accurate and up-to-date, including your insurance information. Some Services may not be available through Second Consult or your Healthcare Provider depending upon a number of factors, including your insurance participation. Ultimately, you must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site 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 Site or the Services. You may 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 may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider Content, appointment availability, price information, and Insurance Content) for any purpose whatsoever.
You are also responsible for reviewing and complying with the terms set forth in our Acceptable Use Policy.
11.3. Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries
If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with Second Consult or whether you schedule or intend to schedule appointments (including appointments for Designated Provider Services, as defined in the Additional Terms) through the Services, you acknowledge and agree that:
- You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.
- You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
- You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
12. GENERAL LIMITATION OF LIABILITY
While we’re always improving, and we hope you have an excellent experience with Second Consult, your sole and exclusive remedy for any dispute with us is the cancellation of your account.
You further release and hold harmless the Company and it’s/their respective physicians, 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 information, including medical second consultation.
In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential, or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare providers utilized through the use of the services, even if we knew or should have known of the possibility of such damages.
The information available on the Website or App could include inaccuracies or typographic errors. The second Consult has endeavored to ensure that all the information on the Website is correct, but Second Consult neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data or information contained. The second Consult makes no warranty, express or implied, concerning the website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility, or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
In no event shall Second Consult or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- The use or the inability to use the Services.
- Unauthorized access to or alteration of the User’s transmissions or data,
- Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website.
Neither shall the Company be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise.
Further, Second Consult shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Second Consult’s control.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
13. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
The contents listed on the Website are
- User generated content, or
- Belong to Second Consult.
The information that is collected by Second Consult directly or indirectly from the Users shall belong to Second Consult and its Partners. Copying of the copyrighted content published by Second Consult or its Partners on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Second Consult and its Partners reserve their rights to take action under applicable law accordingly.
Second Consult authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing, and communicating only as per this Agreement. The contents of the Website, App, information, text, graphics, images, logos, button icons, illustrations, software code, design, photographs, video clips, and the collection, arrangement, and assembly of content on the Website (collectively, “Second Consult Content”), are the property of Second Consult or its Partners and are protected under copyright, trademark, trade dress and other applicable laws. User shall not modify the Second Consult Content or reproduce, display, publicly perform, distribute, or otherwise use the Second Consult Content in any way for any public or commercial purpose or for personal gain.
User shall not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.
No material from Company’s Web Site(s) or App may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except with express written consent of Company.