Terms & Conditions

Sushena Health is the service provider of services mentioned below. Sushena Health under the brand name ‘SUSHENA’ operates the said services through https://www.SUSHENAHEALTH.

NATURE AND APPLICABILITY OF TERMS:

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.SUSHENAHEALTH.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and SUSHENA (on its and its affiliates behalf) in relation to the Services (as defined below).

The Agreement applies to:

a medical Healthcare Provider or health care provider (whether an individual professional or an organization) or similar institution providing the services on the Consult platform,

A patient, his/her representatives or affiliates, searching for HEALTHCARE PROVIDERS through the Website (“End-User”, “you” or “User”); or

Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services provided by SUSHENA on the Website, (“Services”),

The Services may change from time to time, at the sole discretion of SUSHENA, and the Agreement will apply to you providing the Service.

SUSHENA reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your providing of Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for providing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

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
CONSULT

Definition:

Consult is a Service provided by SUSHENA that allows Users & Healthcare Providers to communicate, on paid mode. Further, Users may access this feature on Website/ platform to get assigned, for the purposes of consultation, to a Healthcare Provider whereby such Healthcare Providers are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Healthcare Provider. The scope of this feature as detailed herein is collectively referred to as "Consult".

Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

Users can choose the Healthcare Provider in certain events (like through Q&A offering). In cases where Users cannot choose a Healthcare Provider (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Healthcare Provider.

In case any prescription is being provided to User by the Healthcare Provider, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Healthcare Providers be relied upon as a final and conclusive solution.

The Users agree to use the advice from Healthcare Provider on the Website pursuant to:

an ongoing treatment with their medical Healthcare Provider;

a condition which does not require emergency treatment, physical examination or medical attention;

medical history available as records with them for reference;

a record of physical examination and report thereof with them, generated through their local medical Healthcare Provider;

consultation with their medical Healthcare Provider before abandoning or modifying their ongoing treatment.

The User agrees that by using Consult, the Healthcare Providers on Consult will not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.

The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Healthcare Provider is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Healthcare Provider.

During the consultation and thereafter, the Healthcare Provider may upload the prescription/health records of the User on the account of the User on the Website for access of the User.

Notwithstanding anything contained herein, SUSHENA is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the Healthcare Provider.

If Healthcare Provider responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that SUSHENA may send such communications like text messages/email/calls before and/or after Healthcare Provider’s consultation (physical or online) to User’s mobile number, based on the Healthcare Provider’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, SUSHENA does not take responsibility for timeliness of such communications.

The User hereby agrees to SUSHENA's medical team carrying out an audit of his/her consultations on the Consult platform for the purpose of improving treatment quality, user experience, and other related processes. The User acknowledges that the subject matter of audit may include texts, messages, photographs, reports, audio or video recordings or any other material exchanged between the User and the Healthcare Provider which could inter alia include User's personal information, including sensitive personal information. This personal information will be processed in accordance with Privacy Policy.

User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.

Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Healthcare Provider, SUSHENA reserves the right to block such Users from the Consult platform and SUSHENA is not responsible for honoring any refund request towards his/her consultation on the Consult platform.

Users may share images or videos of the affected areas of their body parts with the Healthcare Provider only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. SUSHENA shall not be responsible for any such images or videos shared by the Users with the Healthcare Providers.

Users shall ensure that any interaction/communication with the Healthcare Providers, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Healthcare Providers.

Users shall be prepared to share all relevant documents or reports to the Healthcare Provider promptly upon request.

For every paid consultation on the Consult platform, the Users shall not obtain consultation for more than one User. In the event, the Users attempt to obtain consultation for more than one User through a single paid consultation on the Consult platform, such consultations will not be addressed by the relevant Healthcare Provider.

Users shall not persuade Healthcare Providers to prescribe drugs (including higher dose strength) that do not conform to the Consult prescription policy. The restricted drugs are as follows:

Medication for Medical Termination Pregnancy (MTP)

Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.

If restricted drugs are indicated for treatment or management of a disease or condition by a Healthcare Provider, the User shall physically visit the Healthcare Provider of their choice to confirm the requirements/necessity for prescribing such restricted drugs.

User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.

If User decides to engage with a Healthcare Provider to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. SUSHENA shall not be responsible for any breach of Service or Service deficiency by any Healthcare Provider.

The User agrees and understands that the transaction with the Healthcare Provider are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Healthcare Provider is a medical Healthcare Provider who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Healthcare Providers via the Website. It is expressly clarified that at no point in time can it be construed that the Healthcare Provider is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Healthcare Provider, in any manner whatsoever.

The User shall indemnify and hold harmless SUSHENA and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.

The User shall make payment using the payment gateway to make payments online, solely at User's discretion. Should there be any issues with regard to the payment not reaching the SUSHENA account, the User may contact SUSHENA's support team at contact@@sushenahealth.com

Terms for Healthcare Providers:

The Healthcare Provider shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Healthcare Provider, SUSHENA shall have the right to replace such Healthcare Providers for the purpose of consultation to the User.

The Healthcare Provider further understands that, there is a responsibility on the Healthcare Provider to treat the User, pari passu, as the Healthcare Provider would have otherwise treated the User on a physical one-on-one consultation model.

The Healthcare Provider has the discretion to cancel any consultation at any point in time in cases where the Healthcare Provider feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Healthcare Providers. However, it is strongly recommended that the Healthcare Provider advise the User and explain appropriately for next steps which may include referring the User for further evaluation.

The Healthcare Provider is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Healthcare Provider shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Healthcare Provider shall at all times ensure that all the applicable laws that govern the Healthcare Provider shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

Healthcare Provider shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Healthcare Providers’ knowledge.

The Healthcare Provider hereby agrees to SUSHENA’s medical team carrying out an audit of his/her consultations on the Consult platform for the purpose of improving treatment quality, user experience, and other related processes. The Healthcare Provider acknowledges that the subject matter of audit may include their personal information. This personal information will be processed in accordance with the Privacy Policy.

The Healthcare Provider understands that SUSHENA makes no promise or guarantee for any uninterrupted communication and the Healthcare Provider shall not hold SUSHENA liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by SUSHENA

The Healthcare Provider understands that SUSHENA makes no promise or guarantee for the number of consultations that will be allocated to a Healthcare Provider on the Consult platform. The consultations allocated to a Healthcare Provider will depend upon various factors, which inter-alia includes, Consult response time, patient feedback and number of Healthcare Providers available, etc., It is the responsibility of the Healthcare Provider to keep a track of their overall performance

It shall be the responsibility of the Healthcare Provider to ensure that the information provided by User is accurate and not incomplete and understand that SUSHENA shall not be liable for any errors in the information included in any communication between the Healthcare Provider and User.

The Healthcare Provider shall indemnify and hold harmless SUSHENA and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Healthcare Provider, violation of any law, rules or regulations by the Healthcare Provider or due to such other actions, omissions or commissions of the Healthcare Provider that gave rise to the claim.

Refund policy for Patients:

In the event it is proved that the Healthcare Providers have acted in contravention of any applicable laws, SUSHENA shall provide complete refund to the User, subject to investigation undertaken by SUSHENA.

If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and SUSHENA/Healthcare Provider shall be entitled to take any legal action, depending upon the gravity of the matter.

User shall refrain from raising any personal queries or advise on the Consult platform which are not related to a specific disease / medicine. In the event the User raises any such personal queries or advice on the Consult platform, SUSHENA reserves the right to terminate the consultation of such Users and further, such Users will not be entitled to any refund.

In case a Healthcare Provider does not respond to a paid consultation within ten (10) minutes from the time of starting a consultation on the Consult platform, or does not respond for more than fifteen (15) minutes during an active consultation, the User shall have the right to request for a refund and any amounts paid by the User with respect to the such consultations will be refunded.

SUSHENA reserves the right to permanently block Users from the Consult platform in the event SUSHENA receives multiple cancellation request from such Users for reasons which do not form part of the cancellation policy of SUSHENA.

Users are allowed a period of three (3) days to flag any consultation as inadequate, and request for a refund. No refund requests shall be considered thereafter.

Users can request a refund by contacting SUSHENA’s support at contact@sushenahealth.com

In all matters related to refund and settlement under this Agreement, SUSHENA shall decide so at its sole and absolute discretion after detailed review of the matter and taking into account all the involved parties’ information. The decision of SUSHENA shall be final in this regard.


Privacy Policy

Sushena Health (“us”, “we”, or “Sushena”, which also includes its affiliates) is the author and publisher of the internet resource www.Sushenahealth.com (“Website”) on the world wide web as well as the software and applications provided by Sushena,

This privacy policy ("Privacy Policy") explains how we collect, use, share, disclose and protect Personal information about the Users of the Services, including the Healthcare Providers (as defined in the Terms of Use, which may be accessed via the following weblink https://Sushenahealth.com/privacy (the “Terms of Use”)), the End-Users (as defined in the Terms of Use), and the visitors of Website (jointly and severally referred to as “you” or “Users” in this Privacy Policy). We created this Privacy Policy to demonstrate our commitment to the protection of your privacy and your personal information. Your use of and access to the Services is subject to this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.

BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

1. COLLECTION OF PERSONAL INFORMATION

Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by Sushena. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

  1. contact data (such as your email address and phone number);
  2. demographic data (such as your gender, your date of birth and your pin code);
  3. data regarding your usage of the services and history of the appointments made by or with you through the use of Services;
  4. insurance data (such as your insurance carrier and insurance plan);
  5. other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.
  6. The information collected from you by Sushena may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.

    “Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

    The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:

  7. passwords;
  8. financial information such as bank accounts, credit and debit card details or other payment instrument details;
  9. physical, physiological and mental health condition;
  10. sexual orientation;
  11. medical records and history;
  12. visitor details as provided at the time of registration or thereafter; and
  13. call data records.

Sushena will be free to use, collect and disclose information that is freely available in the public domain without your consent.

2. PRIVACY STATEMENTS
3. HEALTHCARE PROVIDERS Information policy:

This section applies to all Healthcare Providers.

  1. As part of the registration as well as the application creation and submission process that is available to Healthcare Providers on Sushena, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Healthcare Providers.
  2. All the statements in this Privacy Policy apply to all Healthcare Providers, and all Healthcare Providers are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to Sushena, failing which they are required to leave the Services, including the Website immediately.
  3. Healthcare Providers’ personally identifiable information, which they choose to provide to Sushena, is used to help the Healthcare Providers describe and identify themselves. This information is exclusively owned by Sushena You will be the owner of your information and you consent to Sushena collecting, using, processing and/or disclosing this information for the purposes hereinafter stated . Sushena may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. Sushena also reserves the right to use information provided by or about the Provider
4. CONSENT TO THIS POLICY

You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the other Services, and you unconditionally agree that becoming a User of the Website and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to Sushena using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Website and use of the Services is subject to this Privacy Policy and the Terms of Use.