Orange Health is engaged in rendering of diagnostic testing services to End Users (not being parent, guardian or care-giver) in relation to physical, physiological or other biologically derived samples (“Diagnostic Services”) in duly equipped laboratories utilizing generally accepted equipment and skilled manpower resources and also enables a technology platform for enabling consultations with RMPs in the manner as envisaged herein. Orange Health has developed, maintained and published the Application inter alia to correspond with its End Users in relation to the Diagnostic Services as well as to provide a communication platform for correspondences between RMPs and End Users including in relation to Diagnostic Services.
I. Applicability of Terms
a) The terms of the Agreement shall apply to the following category of users of the Application and/or the Services (“Users” or “you”):
(i) a patient or, (ii) parent, guardian or caregiver of the patient (“End User”);
a registered medical practitioner (as defined in the Telemedicine Guidelines) communicating with the End User through the Application, whether for diagnosis and/or treatment of any health condition of the End User (“RMP”);
The term User shall mean the End User and RMP collectively.
You must be a validly constituted legal entity, or a natural individual who is18 (eighteen) years of age or older to use the Application or the Services. If you are a natural individual by using the Application or accepting this Agreement, you represent and warrant to Orange Health that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Application and the Services, and agree to and abide by this Agreement. In case the Services are to be utilized by a minor (as per applicable laws), then a parent or legal guardian must enter into this Agreement on behalf of such minor.
The terms of the Agreement shall apply as and when the User(s) start using the Application and/or any services rendered through the Application, including the Diagnostic Services (“Services”).
The terms of the Agreement shall override any oral or other written understanding that you may have received or made aware of in relation to the Services. By agreeing to avail the Services, you irrevocably expressly consent to terms of the Agreement and the subsequent supersession of any other understanding that may have been arrived at by you with Orange Health in any other form or manner. If you do not agree with the terms in the Agreement, you must immediately cease usage of the Application and receipt of any Services.
II. Nature of Terms
The Agreement is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872;
the (Indian) Information Technology Act, 2000;
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 “Data Privacy Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and
The Telemedicine Guidelines (“Telemedicine Guidelines”) pursuant to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (“Ethics Code”) issued by the Board of Governors (in supersession of the Medical Council of India).
III. Registration and User Access
a) All Users: All Users [except a casual browser] who want to use the Application in any manner have to complete the registration process to get access to it. For sake of registration, Orange Health may require you to provide your name, age, address, email id, mobile number, or such other identifier in order to enable Orange Health to verify your access to the Application.
b) Access by RMP: If you are a RMP, you agree that your access or use of the Application and undertaking of any Services hereunder is not prohibited or restricted in any manner by your employer and/or any institute (i.e. hospital, clinic, medical centre, nursing home etc.) that you are affiliated with. You will have to submit [photograph, educational / technical qualifications, certifications and affiliations, registration details with the National Medical Council, State Medical Council or such similar authorities/bodies, national identification proof]. Orange Health reserves it right to seek such further documentation or other artefact that may it may deem appropriate to complete the registration. A RMP who is not authorized to practice medicine in India, or subsequently is disqualified from practising medicine in India shall not have any access to the Application and it shall be the RMP’s responsibility to thereafter stop using the Application in any manner; notwithstanding the foregoing, Orange Health may at its sole discretion terminate access of such a RMP to the Application.
c) Access Termination. Orange Health reserves its right to suspend or terminate access to the Application and Services to any User at its sole discretion if it reasonably ascertains such User to be in violation of these Terms or that such continued access by the User to the Application and Services shall adversely affect the interests or reputation of Orange Health.
a) The Application and the Services are designed to be used within India. Please refrain from using the Application or receiving or receiving or rendering any Services through use of the Application outside of India. Any consequence arising from such a conduct including penal sanctions applicable on RMP shall be the RMP’s sole responsibility.
b) You will not use the Application or the Services in a manner or for any purpose that is illegal, discriminatory, immoral or offensive.
c) You will not take any steps to misuse or harm the Application including by introduction of computer virus, contaminant, malware, spyware or such other materials that have an effect of interfering in the functioning of the Application, tampering its abilities, slowing it down or causing such other effects in relation to the Application.
V. Application Services
i. An End User can avail Diagnostic Services either by submitting sample at the premise of the healthcare provider (which may be the premise occupied by a RMP) or at a location of the End User’s choice (including residence, office or other premises) (“Home”).
ii. The End User can initiate the process of availing Diagnostic Services by raising a request on the Application.
b) Sample Collection
i. The End User is required to submit proof of identity and age at the point of collection of samples to the personnel/representative of Orange Health (“OH Personnel”).
ii. Each diagnostic test necessitates that the End User take certain steps (prior fasting etc.) before the sample is collected. Orange Health expects that the End User complies with all such requirements. Orange Health bears no responsibility towards any inaccurate or disparate results arising out of non-adherence with such requirements.
iii. OH Personnel follow industry standard operating procedures in relation to collection of samples. The End User agrees and acknowledges to abide by their instructions in adhering with such procedures. While standard operating procedures are designed to mitigate risks, every scenario, particularly involving human interface is vulnerable to mishaps. The End User is aware of and agrees to this inherent risk in the process of sample collection and agrees that except for any reckless conduct of OH Personnel, Orange Health is not liable in any manner for any physical injury, harm or loss caused to the End User in the course of collection of samples by OH Personnel.
iv. It is likely that End User may be subject to specific medical or other conditions (e.g. – allergy, diabetic, haemophilic etc.) that may have adverse effects on the End User in the course of collection of samples. It shall be the duty of the End User to notify the OH Personnel, prior in time, of such specific medical or other conditions. OH Personnel or Orange Health is not responsible in any manner for any adverse effects suffered by the End User due to such specific medical or other conditions of the End User.
c) Conduct of Tests
i. The End User agrees and acknowledges that the Diagnostic Services shall be undertaken by using generally acceptable market practices and standards.
ii. Orange Health shall undertake commercially reasonable efforts to ensure that the results, reports or diagnosis is made available within the turn around time as communicated to the End Users, which shall generally be within seven (7) business days. However, the End User acknowledges that there are several factors that are not within the control or direct supervision of Orange Health that contribute towards preparation of the report/result/diagnosis and as such the prescribed timeline is merely indicative..]
d) Home Collection
i. Home collection of samples is enabled for convenience of the End User. While Orange Health will take commercially reasonable efforts to ensure that OH Personnel reach the Home premises at the indicated timeline, physical movement is often subject to circumstances beyond the control of the OH Personnel (illustratively traffic conditions). As such the End User acknowledges that the time indicated for reaching of Home is indicative.
ii. Other SOPs to be followed in relation to collection of samples at Home are published here.
2) Online Consultation
a) The Users express acknowledge that Orange Health operates in the capacity of a technology service provider who provides the technological infrastructure that is relied upon by the RMP to communicate with the End User.
b) Orange Health in neither authorized to be nor does it hold out to be a healthcare service provider by rendering online consultation through its Application. As no risk or consequence arising out of any online consultation, including any medico-legal liability, medical negligence or similar claims, shall lie on Orange Health in any manner whatsoever. The online consultation is a distinct, separate transaction between the End User and the RMP and Orange Health is not party to it in any manner except for acting as a technology service provider to enable the said transaction.
c) The End User agrees that pursuant to online consultation the RMP shall not be conducting physical examination of the End Users, hence, they may not have the same degree of information that can be obtained through a physical examination. End User acknowledges and agrees that the End User is aware of this limitation and agrees to assume the complete risk of this limitation. The RMP at all times has the discretion to exercise her reasonable discretion as to whether an online consultation is appropriate in a given situation or an in-person consultation is needed in the interest of the End User.
d) The End User agrees and acknowledges that online consultation is intended to be for general consultations and must not be relied upon in emergency scenarios or scenarios involving serious illnesses.
e) The End User understands and acknowledges that for the purpose of availing online consultation the identification of the End User must be transmitted to the RMP and that no online consultation shall be provided on an anonymous basis. The End User must provide all relevant information with respect to her health condition, any health record(s) as may be sought by the RMP to the reasonable satisfaction of the RMP, failing which the RMP reserves the right to not undertake the online consultation. The End User acknowledges and agrees that it shall be her sole duty to ensure that complete, truthful and accurate information and records are provided to the RMP, failing which all consequences arising out of the online consultation are at End User’s sole risk.
f) The RMP shall, and the End User acknowledges that the RMP shall in the course of rendering online consultation exercise the same standard of care as is exercised in an in-person consultation.
g) The RMP agrees to abide by all requirements of the Telemedicine Guidelines and the Ethics Code in rendering of online consultation services, including in relation to prescription of medicines. Orange Health shall not be liable in any manner for any claims, expense or damage arising out of failure by the RMP in adhering with these aforesaid guidelines and requirements. Orange Health shall be indemnified and held harmless on demand by the RMP of all loss, damage, expense, claims or cost incurred by Orange Health due to non-compliance by the RMP of their obligations hereunder including under the Ethics Code and Telemedicine Guidelines.
h) Any payment by the End User to the RMP for an online consultation will be agreed between the RMP and the End User and the amount will be paid by the End User to the RMP as per such mode and at such time as may be prescribed by the RMP. The Users acknowledge that Orange Health does not premeditate the fees charged by the RMP and nor is it responsible in any manner for its non-payment or collection. The End User acknowledges that she may be charged platform usage fees in addition to the fees payable to the RMP.
3. Medicine Delivery
a) End User can use the Application for purchase of medicines and pharmaceutical products licensed pharmaceutical stores (“Pharmacy”). End User must have a valid prescription issued by a medical practitioner (including a RMP) for the purpose of procuring such medicines and pharmaceutical products (“Prescription Drugs”), offered for sale on the Application by the Pharmacy.
b) In order to purchase Prescription Drugs from the Pharmacy through the Application End User is required to upload a scanned copy of the valid prescription on the Application. The Pharmacy will verify the prescription uploaded by the End User and approve that it is able to fulfil the said order.
c) The End User understands and agrees that Orange Health is merely hosting a technology platform and that the seller of the Prescription Drugs in the Pharmacy. Orange Health is not liable in any manner for any act or omission undertaken by the Pharmacy in processing of the prescription and/or dispensing of the Prescription Drugs including non-compliance with any applicable regulations.
d) The End User understands and acknowledges that medicines and pharmaceutical products are open to abuse and hence will not in any manner utilize the Services to further any misuse, abuse or illegal use of medicines and pharmaceutical products.
e) Orange Health is not responsible for any ill effect, side effect, overdose or other likely outcomes of usage of the Prescription Drugs under any circumstances.
f) Orange Health does not provide any warranty with respect to the bona fide of any of the Pharmacy. It is advise for the End User to independently verify the bona fides of any Pharmacy.
VI. Data Rights
b) Any data that is provided by the End User to the RMP in relation to the Services hereto may be retained and used by the RMP for the purpose of rendering the Services and thereafter in such manner and to the extent as expressly permissible under applicable laws. Illustratively, these records shall be maintained by Orange Health for the RMP in compliance with her obligations in relation to maintenance of medical records under the Ethics Code.
d) Any data that is provided by the RMP to Orange Health will be utilized for the purpose of carrying out the functionalities of the Applications and rendering of Services pursuant to it.
e) Any data that is generated in the course of rendering of the Services, illustratively a diagnostics report, a prescription etc. can be utilized by both the provider of the service (i.e. the RMP or Orange Health) and recipient of the Service (i.e. the End User or the RMP), either to undertake completion of the Services or for such other purpose as may be expressly permissible under applicable laws. Illustratively, a copy of the diagnostic report generated by Orange Health may be utilized to defend itself in a claim in relation to such report made by the End User who had commissioned such report.
f) Notwithstanding anything in this clause VI of these Terms, vis-à-vis all parties hereto, Orange Health shall have the right to utilize any data for any purpose that is provided, generated, stored or processed by the Application in an anonymized, aggregated or deidentified form.
a) Payment in relation to the Services shall be made as per the payment terms as displayed at the time of choosing of the Services.
b) The fees for any Services shall be displayed before the End User avails it. Once the payment is made, the End User acknowledges that there is no provision for refund.
c) All fees for Services as displayed by Orange Health are inclusive of any taxes, duties, cess, charge or similar levies unless otherwise mentioned
a) Users agree and understand that they are likely to acquire non-proprietary, commercially sensitive information about Orange Health, inter alia about its user base, business models, strategies, products, vendors, employees, business partner (“OH Confidential Information”). By agreeing to receive Services and use the Application, all of these Users agree to maintain strict confidentiality of the OH Confidential Information and not to disclose it to any person without the prior written consent of Orange Health.
b) RMPs agree and acknowledge that they are likely to encounter information in relation to End Users that are medical information relating to heath condition and are likely to be sensitive in nature. In addition to the obligations set forth on the RMP by the legal / regulatory framework (including the Ethics Code, Data Privacy Rules and the Telemedicine Guidelines), the RMP agrees that she shall maintain all such information about the End User that is in possession of the RMP by use of this Application, strictly confidential.
IX. Proprietary Rights
a) All Users agree and acknowledge that the Application, as well as any domain name, brand name, mark, tradename, wordmark, design, logo or other representation identifying the Application, Services or Orange Health (“OH Proprietary Materials”) and all rights, title and interests (including all intellectual property rights) in relation to the Application and OH Proprietary Materials, whether granted by law or otherwise, vests solely and exclusively with Orange Health or its licensors. Except for the limited right to use the Application in accordance with the terms of the Agreement, there are no further rights or interests ascribed to the User. The User agrees to strictly use the Application in accordance with terms of the Agreement.
b) Users agree, undertake and confirm that their use of the Application shall adhere to these following binding principles:
i. Users shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and to which the User does not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any intellectual property right of a third party;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Application or to gain unauthorized access to the Application (including by circumventing scope and extent of access) or interferes with another user's use and enjoyment of the Application;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;
is false, inaccurate or misleading;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
ii. User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any server, computer, network, or to any of the services offered on or through the Application, by hacking, subverting any verification/ protection parameters or any other illegitimate means.
iii. User shall not reverse engineer, decompile, disassemble or create any derivative work of the Application or any components or functionalities thereof.
iv. We reserve the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, THE USER REMAINS SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE APPLICATION INCLUDING IN ANY COMMUNICATION WINDOW WITHIN THE APPLICATION.
a) Orange Health reserves the sole and absolute restriction to suspend or terminate this Agreement (and consequently the Application and/or the Services) in relation to any User without assigning any reason whatsoever.
b) Orange Health may at its discretion, suspend or terminate access to the Application or Services by any User if it reasonably determines that such User has breached terms of the Agreement.
c) Orange Health reserves the right to suspend or terminate access to the Application or Services by any User if it reasonably determines that access to such User is likely to have an adverse effect on Orange Health’s reputation, market standing or business objectives.
d) Orange Health reserves the right to suspend or terminate access to the Application or Services by any User if it reasonably determines that the eligibility criteria by any User (e.g. – valid registration with the authorities by a RMP) is not met.
e) Once Orange Health suspends access to the Application or Services by any User, it has the right to seek submission of such further information or documentation that Orange Health, in its sole discretion, deems fit to assess continuing of such access by such User.
XI. Indemnity and Liability
a) Each User agrees and undertake that it shall, on demand, indemnify, defend and hold harmless, Orange Health, its directors, officers, employees, representatives, agents, shareholders or affiliates (“Indemnified Parties”) from all loss, demand, claims, expense or damage incurred or anticipated to be incurred by the Indemnified Parties for any consequence arising out of (i) use of the Application or Services by the User, (ii) any breach by the User of any of the terms of the Agreement, (iii) any breach of applicable laws, rules, regulations or guidelines by any User in the course of their use of the Application and/or Services.
b) The Indemnified Parties shall notify the User, as soon as reasonably practicable, of any circumstance that could lead to a liability pursuant to Clause XI(a). Nothing herein shall act as a waiver of claims by the Indemnified Parties should they fail to provide any notification and/or restriction against taking any steps in good faith to protect themselves against any liability or sanction that may inure upon them if not for having taken such steps.
c) In no event, including but not limited to negligence, shall Orange Health, its directors, officers, employees, representatives, agents, shareholders or affiliates (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Application, lost business even if such Protected Entity has been advised of the possibility of such damages. Notwithstanding the preceding sentence, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Application or the Services exceed, in the aggregate [Rs. 1000/- (Rupees One Thousand Only)].
a) We do not warrant that the Application will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of User’s download, installation, access to or use of the Application or your obtaining any material from, or as a result of using, the Application. We shall also not be liable for the actions of third parties.
b) We do not represent or warranty that the information available on the Application will be correct, accurate or otherwise reliable.
c) We reserve the right to suspend or withdraw access to the Application to any given User personally, or to all Users temporarily or permanently at any time without notice.
d) THE APPLICATION MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONALITIES, COMPONENTS OR FEATURES MAY NOT BE FULLY AVIALABLE.
e) DUE TO THE VAGARIES THAT CAN OCCUR IN THE TRANSMISSION OF INFORMATION OVER THE INTERNET AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE APPLICATION OR DELAY OR ERRORS IN FUNCTIONALITY OF THE APPLICATION. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
f) THE USER ACKNOWLEDGES THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE APPLICATION. WE MAY HAVE FORMED ENGAGEMENTS WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, THE USER ACKNOWLEDGES AND AGREES THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY THE USER OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / PHARMACY’S SERVICES.
g) THE INFORMATION PROVIDED ON THE APPLICATION IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATICES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. WE SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM.
h) Without restricting the scope of any of the disclaimers set out in this clause XII, the Users must also note that we will not be liable for any consequence arising out of any force majeure event which are events or circumstances that are beyond our reasonable control. Illustratively, we will not be liable for any delay or failure occurring due to floods, earthquake, cyclones, riots, change in legal framework, power grid failure, pandemic or such similar circumstances.
a) The Services rendered through the Application are available in selected cities / localities. As and when the Services are available in new cities and/or localities, Orange Health will communicate it to the Users through various communication channels.
b) The list and/or type of Services being rendered by Orange Health is an evolving list. Inclusion of any specific Services in these Terms does not imply that it is available or is available in all cities/localities where the Services have a presence.
c) If any of these Terms or terms of the Agreement should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms (or terms of Agreement) are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms (or terms of Agreement) shall survive, remain in full force and effect and continue to be binding and enforceable.
d) The User is not permitted to assign or transfer or purport to assign or transfer the contract between the User and Orange Health to any other person.
e) The terms of the Agreement are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Application and/or the Services, shall be subject to the jurisdiction of the courts at Bangalore, India.
f) Any questions or clarifications in relation to these Terms must be directed at:
Mr. Dhruv Gupta, Mr. Tarun Bhambra
Address: Floor 4, Salarpuria Towers 1, 29 Hosur Road, Koramangala, Bangalore 560095
Email id: (hello) _at_ (orangehealth_dot_in)