TELEMEDICINE CONSULTATION POLICY AT COSMOSURG AESTHETIC HEALTH CENTER

A registered medical practitioner is permitted to offer telemedicine services, under the Indian Medical Council Act, 1956. Telemedicine means "The delivery of health care services, where distance is a critical factor, by all health care professionals (Registered Medical Practitioners – RMPs) using information and communication technologies for the exchange of valid information for the diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities.’ ‘A Registered Medical Practitioner (RMP) is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956’ (IMC Act, 1956).

RMP may use any telemedicine tools suitable for carrying out technology-based patient consultation e.g. telephone, video, devices connected over LAN, WAN, internet, mobile or landline phones, chat platforms like WhatsApp, Facebook Messenger, etc., or mobile app or internet-based digital platforms for telemedicine or data transmission systems like Skype/email/fax, etc. Irrespective of the tool of communication used, the core principles of telemedicine practice remain the same.

Online Consultation services at COSMOSURG will be provided by Dr.Naveen Rao and his team, registered medical practitioners, enrolled with the Karnataka Medical Council.

You can make an appointment with Doctors by filling out and agreeing to the online consultation and the consent form.  Confirmation of your appointment with a Doctors, as per his/ her availability, shall be sent to you via SMS and or e-mail. COSMOSURG reserves the right to reschedule an appointment without any prior notice. Consultation time provided shall be indicative and actual consultation time may vary.

TELEMEDICINE – TERMS OF USE
1. IN ORDER TO AVAIL ONLINE CONSULTATION SERVICES, YOU AGREE TO:
  • Provide your valid consent to receive such services and agreeing to the applicable terms of the consultation, by way of the consultation and consent form.
  • Submit/upload/share relevant personal and clinical information, investigation reports, photographs with COSMOSURG for seeking appropriate advice related to the condition, including by way of the consultation and consent form.
  • Submit/upload/share all relevant, complete and accurate information with COSMOSURG for availing the telemedicine services. If the information provided by you is found to be incomplete/false/deceptive/inaccurate or misleading, COSMOSURG reserves the right to reschedule/cancel your appointment without assuming any liability whatsoever.
  • Submit better quality photographs, preferably to be taken by a second person, without makeup, flash, standard photographs. If requested dummy standard photos will be sent to your e mail address. You can mail the photos or send through whatsup before consultation.
2. PAYMENT, REFUND & CANCELLATION POLICY:
  • COSMOSURG offers - GOOGLE PAY
  • Steps for online consultation
3. Consulting Fees are as follows:
  • Consultation Fees INR 1,000 valid for 7 days.
  • COSMOSURG shall not be liable in any manner whatsoever, if incorrect or inaccurate payment details are provided by you for making the payment of the consultation fees or you use an account for payment which is not lawfully owned by you or if you permit the third party to use your password or other means to access your account. COSMOSURG will not be responsible for any kind of failure/delay of such a payment transaction.
  • Refunds may be made on your request in case an appointment is cancelled by COSMOSURG. No refund request is admissible if you are not available at the scheduled appointment time and or do not connect with the doctor via tele-medicine platform. Refunds may be processed within 15 working days from the receipt of a request from you.
  • User agrees that COSMOSURG, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any service to be provided to him/her (or any part thereof) or use of the services and at any time discontinue providing access to the services, or any part thereof, with or without notice and COSMOSURG will not be liable to the User or any third party for such termination or discontinuation of services. Upon termination or discontinuation of services for any reason, the User agrees to immediately stop using the services.
LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall COSMOSURG, or any of its Registered Medical Practitioners (Doctors) providing healthcare using the telemedicine platform, directors, officers, employees, agents or content or service providers (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 mobile/internet-based applications/website or the content, materials, and functions related thereto, the services, User’s provision of information via the mobile/internet-based applications/website or lost business or lost end-users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

  • Provision of or failure to provide all or any telemedicine service by the Doctors to end-users contacted or managed through the telemedicine mobile/internet-based applications/website.
  • Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the telemedicine Mobile apps/Website.
  • Any unauthorized access to or alteration of your transmissions or data; or
  • Any other matter relating to the Mobile apps/Website or the Service.

In no event shall the total aggregate liability of COSMOSURG the Doctors 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 arrangement, or telemedicine facility or a User's use of the mobile/internet-based applications/website or the services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only) and according to the applicable laws and governing guidelines.

COSMOSURG, the Doctors may retain such information collected from Users from its telemedicine services for as long as necessary, depending on the type of information; purpose, means, and modes of usage of such information; and according to the extent Laws and governing guidelines.

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree and acknowledge that this arrangement, telemedicine facility and any contractual obligation between COSMOSURG, along with the Doctors providing healthcare using the telemedicine platform and the User will be governed by the laws of India, including the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, Telemedicine Practice Guidelines issued by the “Board of Governors in Supersession of the Medical Council of India” and the advisories, orders, notices issued by the respective State Medical Councils and the State Governments, for providing healthcare to the needy using Telemedicine in the setting of Novel Corona Virus Pandemic, The Indian Medical Council Act 1956, The Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and the applicable rules, regulations, guidelines and clarifications framed there under;

The courts at Bangalore (India) shall have exclusive jurisdiction over any dispute, claim or controversy arising out of or relating to this arrangement, telemedicine facility, any related contractual obligation or the information to which it gives access.

CONTACT INFORMATION

If a User has any questions concerning the telemedicine services, this arrangement, facility, or anything related to any of the foregoing, Doctors can be reached on at the email address naveen@cosmosurg.com If any provision of these terms and conditions, arrangement or facility is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded and the remainder of the said terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the said terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal. No provision of this arrangement, terms and conditions, telemedicine facility shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Doctors at COSMOSURG. Any consent by Doctors at COSMOSURG to, or a waiver by Doctors at COSMOSURG of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

CLICK HERE TO REGISTER FOR ONLINE/REMOTE CONSULTATION