SOLIS HEALTH CARE CIRCLE

Terms and Conditions

Last updated on [12/12/2022]

Solis Health Private Limited, is a company incorporated under the laws of India, having its registered office at N0 58, 15th Cross road, JP Nagar 2nd phase, Bengaluru, Karnataka – 560078 (Company) has launched “Care Circle” – an annual paid subscription service (Subscription) open to individuals and families (Members/You). The Subscription includes (a) facilitation of teleconsultation; (b) preferred rates for in-patient treatment; (c) preferential rates to access Company’s wellness centers; (d) concierge services to help navigate through the in-patient treatment; and (e) other complimenting services provided by the Company at its discretion (Services).

These terms and conditions (T&Cs) govern the use of the Company’s website, portal, or any other platform (Platform), in relation to Care Circle by Members or other individuals (Users/You), and the availing of Subscription and Services by Members. These T&Cs constitute a binding and enforceable contract between the Company and you. References to Member in these T&Cs also include a reference to their dependents to the extent applicable, unless specified or indicated otherwise.

1. General Terms

1.1. Within these T&Cs Privacy Policy shall mean the Company’s privacy policy available at [insert link], which shall be read as a part of these T&Cs.

1.2. By clicking ‘I/We Accept’ you agree and acknowledge that you:

  • are at least 18 years of age, or if you represent a person below 18 years of age, you confirm and represent that you are above 18 years of age; and
  • have read, understood, and are bound by the T&Cs, and if you represent a person or entity you confirm and represent that you have the necessary power and authority to bind such person and/or entity to these T&Cs.

1.3. The T&Cs are subject to revision at any time, as determined by the Company, and all changes are effective immediately upon being posted on the Platform, and the Company will periodically inform you of the T&Cs and other policies (including Privacy Policy) and update you of any change in such terms (if any).

1.4. You agree to not use the Platform or Services for any purpose that is prohibited by these T&Cs or applicable law. Except as otherwise permitted by these T&Cs, you are not allowed to copy, modify, distribute, reproduce, publish, license, transfer, or otherwise use in any manner, in whole or in part, the Platform or the information and materials on the Platform.

2. Services

2.1. Facilitation of teleconsultation : The Company facilitates teleconsultations between the Members, and domestic and/or international registered healthcare providers/ registered medical practitioners. At the first instance, the Members will have a preliminary interaction with a registered medical practitioner engaged by the Company who will review the Member’s relevant documentation (such as medical records) to recommend options of various suitable registered healthcare providers or registered medical practitioners from whom the customer may avail treatment. Members will be free to choose the provider from whom they wish to avail the service, provided that teleconsultation with domestic and international registered healthcare providers/ registered medical practitioners shall only be available after 24 hours and 75 days, respectively, from the date of payment of the Subscription fee. In the event that a dependent wishes to avail the service, teleconsultation with domestic and international registered healthcare providers/ registered medical practitioners shall only be available after 24 hours and 75 days of the dependent being listed by the Member, respectively. In the event any scheduled teleconsultation is cancelled by registered medical practitioner engaged by the Company, the Company shall arrange for an alternative slot. Once the Members choose their registered healthcare provider/ registered medical practitioner from the available options, they will have a preliminary teleconsultation with the chosen provider who will specify the proposed course of treatment and the fee estimate (calculated basis preferential rates granted to Members) for such treatment. Without prejudice to anything contained elsewhere in these T&Cs, the Company will not be responsible or liable for the Member’s choice of registered healthcare provider / registered medical practitioner, or its outcome.

2.2. Facilitation of in-person treatment : The Company facilitates in-person treatment from registered healthcare providers or registered medical practitioners chosen by the Members. The Company may also engage hospital network partners to facilitate these services in certain instances. Members will be free to choose the provider from whom they wish to avail the service, provided that in-person treatment with domestic registered healthcare providers/ registered medical practitioners may be availed 48 hours from the date of payment of the Subscription fee. In the event that a dependent wishes to avail the service, in-person treatment with domestic registered healthcare providers/ registered medical practitioners may be availed 48 hours from the dependent being listed by the Member. During the preliminary teleconsultation between the Member and the chosen provider (as mentioned above), the chosen provider specifies the proposed course of treatment and the fee estimate (calculated basis preferential rates) for such treatment. Each Member will be assigned a unique ID and this ID will be utilized to apply preferential rates at the time of calculation of treatment charges. Where the fee estimate and the proposed course of treatment are acceptable to the Member, they may transfer the payment in the manner prescribed by the Company from time to time. Based on the payment made directly to the Company by the Member, the Company assures the registered healthcare provider/ registered medical practitioners that the Member is capable of making required payments towards the treatment sought. However, such assurance by the Company and application of preferential rates is only limited to the actual amount transferred by the Member to the Company and does not, in any event, extend to any potential charges that may be additionally paid by the Member directly to the registered healthcare provider/ registered medical practitioners in certain instances. In case the Member chooses a registered healthcare provider in the hospital network partner’s network the Member will also be required to pay nominal charges in addition to their Subscription fees (described below) and the treatment charges. The hospital network partner will also vet the bills to confirm that the fees charged to the Member are as per the pre-agreed preferential rates. In the event, after the treatment has started, and the Member is required to pay additional charges beyond the fee estimate, the Members may choose to transfer such additional treatment charges to the Company to ensure smooth facilitation of the treatment.

2.3. Preferential rates to access wellness centers : The Company provides access to its wellness centers at preferential rates to Members as part of the Subscription.

  1. Concierge services : The Company provides concierge services to help Members navigate the in-person treatment availed from registered healthcare providers or registered medical practitioners.
  2. In addition to the above, the Company may offer ancillary/complementary non-healthcare services to the Members at its discretion. Any offer, package or services provided as part of the Subscription is offered at the sole discretion of the Company and is subject to revision at any time as determined by the Company.

3. Payments and Refunds

3.1. Member shall pay Subscription fees (for themselves and their dependents, as permitted under these T&Cs) to the Company on an annual basis. The Members will be required to renew the Subscription each year at their discretion, in accordance with these T&Cs, and there shall be no automatic renewal via recurring payments.

3.2. Members may raise a refund request with the Company at [insert email id] and submit valid documentation (including proof of deficiency or spuriousness of the Company’s Services and medical reports, as applicable) to substantiate such refund requests/claims. Basis the Company’s review of such documentation, if the claim is found to be valid, then a refund of the relevant amount of the Subscription fee will be processed into Member’s wallet, card or bank account on a pro-rata basis. Such processing will further depend on (i) the manner in which the Subscription order was placed; (ii) the terms and policies of our third-party payment gateway providers; and (iii) the Services under the Subscription utilized by the Members until the period of the refund request. For clarification, this refund process would only be in relation to any deficiency or spuriousness in Services by the Company. As mentioned in clause 5 below, the Company will not be liable for the services availed from third party service providers such as registered healthcare providers or registered medical practitioners.

3.3. Subject to clause 3.2, Members who have not availed any Services under the Subscription for a period of six (6) months have the option to withdraw/discontinue the Subscription and obtain a refund of the Subscription fee on a pro-rata basis for the remaining period (i.e., remaining six (6) months) of the Subscription.

3.4. Subject to clause 3.2, Members who have availed (a) Services worth INR 20,000 as part of the Subscription; or (b) teleconsultation or in-person treatment with registered international healthcare providers/medical practitioners, will not be eligible for any refunds from the Company, except in cases where the Services offered by the Company were proven to be deficient or spurious in the manner mentioned in clause 3.2 above.

3.5. The refund process shall be completed within 5-7 days from the date of submission of the request for refund.

3.6. Notwithstanding anything in this clause 3, a Member shall not be eligible for any refunds from the Company if such Member is in breach of these T&Cs, Privacy Policy or any other policy of the Company, or applicable laws.

3.7. Payments toward accepted refund requests shall be effected as prescribed by the Reserve Bank of India or any other competent authority under any law for the time being in force, within a reasonable period of time, or as prescribed under applicable laws. For any further refund related information, please write to [insert email id].

4. Collected Information

4.1. The Company collects specific types of information about Members/Users via the Platform, various documentation and other means (Collected Information). Such Collected Information is only collected and used in accordance with the Privacy Policy. Members/Users expressly consent to the Company’s use of Collected Information.

4.2. In order to effectively offer the Services to Members, the Company may be required to transfer Collected Information in relation to the Members to certain third-party service providers as detailed in the Privacy Policy.

4.3. Members/Users represent and warrant that to the extent applicable, the Collected Information directly collected from Members/Users, is true, complete and accurate in all respects. Members/Users should immediately contact the Company at the details provided below if any of the Collected Information, relevant to Members/Users, undergoes any change.

5. Disclaimers

5.1. The Company makes no representation or warranty about and disclaims all implied representations, warranties, or guarantees as to the validity, accuracy, correctness, or reliability of any information provided on or through the Platform. The information available on the Platform is provided for general information purposes only and any reliance on the information available on the Platform is at the User’s own risk.

5.2. All medical cost estimates shared by the Company are tentative and based on past costs incurred in similar circumstances. Such cost estimates are subject to change based on further medical evaluation of the Member at a later stage. Any preferential rates offered by the Company are also subject to change and at the discretion of the Company.

5.3. The Company shall not be liable or responsible for and does not guarantee the quality and efficiency of the services availed from third party service providers such as registered healthcare providers or registered medical practitioners. Third party service providers shall always be solely liable and responsible for the services provided by them to the Members. If the services directly availed from such registered healthcare providers or registered medical practitioners by the Members are deficient or are not received within the specified duration as indicated or are not in accordance with the specifications indicated by them, or the registered healthcare providers or registered medical practitioners were negligent during the provision of such services, the Members must raise such concerns with the relevant registered healthcare providers or registered medical practitioners in accordance with the terms and conditions of such registered healthcare providers or registered medical practitioners. The Members will be separately bound by the terms and conditions of such registered healthcare provider and registered medical practitioners.

5.4. It is the sole responsibility of the registered healthcare providers and/or registered medical practitioners to ensure that all services provided by them are provided in accordance with applicable law, and that all licenses, permissions, and authorisations that are required to be obtained in this regard are maintained in full force by them throughout the provision of such service. They shall also be solely responsible for ensuring that all services are only provided to persons eligible to receive such service in accordance with applicable law and these T&Cs. They are also solely responsible for ensuring that all financial transactions in relation to the provision of any service by them is conducted through regular banking channels only, and the Company makes no representations, warranties, or guarantees in regard to any of the above.

5.5. Members agree and acknowledge that they shall be solely responsible for undertaking independent and effective due diligence prior to determining the third party service providers such as registered healthcare providers or registered medical practitioners from whom they wish to avail services. Members will be governed by the terms and conditions, including the refund policies and privacy policies, of the respective service providers in relation to the services offered by them. You understand and acknowledge that the Company is merely a facilitator of the services provided by such third parties, and is not responsible for the quality, outcome or choice of treatment offered by such service providers.

5.6. The Company will not be liable, for any amount of money that was not transferred by the Member to the Company, in the event of any additional treatment charges that may be required to be paid to the registered healthcare provider/registered medical practitioner.

5.7. The Company does not operate an insurance business and does not provide any insurance related services including that of a third party insurance administrator, insurance broker or insurance agent.

5.8. The Platform and Services are provided to you on “as is” and “as available” basis without warranty of any kind either express or implied. The Company does not warrant that the services provided by the Platform will be uninterrupted or error free or that the Platform or its hosting server are free from viruses or other harmful components. Further, you acknowledge that on occasion the Platform may be temporarily down due to periodic maintenance, technical issues, or for any security reasons beyond the Company’s control. In such instances of downtime, the Company shall not be held liable for any losses which you may incur. However, the Company shall make best efforts to rectify the issue causing the downtime and make the Platform available at the earliest.

6. Membership

6.1. If you wish to avail the Services, you are required to obtain a membership by creating an account on the Platform, providing relevant details (including but not limited to proof of name, age, identity and residence), and paying the applicable Subscription fees as may be prescribed by the Company from time-to-time.

6.2. Members agree to provide correct and valid information as required in order to complete the registration process to obtain a membership. Upon obtaining membership post verification, Members will be assigned a unique ID. Any information collected pursuant to the creation of an account or application for the Subscription, will be used and processed in accordance with these T&Cs and the Privacy Policy.

6.3. Members will be required to take all the necessary measures for maintaining the privacy of their account and unique ID. Members will also be responsible for any and all activities that occur through their account and unique ID. Additionally, Members are prohibited from selling, trading, or otherwise transferring their account or ID to another party or impersonating any other person for the purpose of using the Platform or utilising the Services.

6.4. Each Member will be permitted to add up to four (4) dependents (whether family, friends or other individuals of the Member’s choice) who may avail of the Services as part of the Member’s Subscription by providing relevant details (including but not limited to proof of name, age, identity and residence) of such dependents. The Member cannot remove a dependent once they have been included for the term of the Subscription, unless there has been a death of the dependent. In such a case, the Member is required to provide documentation (such as death certificate) to this effect, in order to remove such dependent from their Subscription.

6.5. Each Member and dependent will be assigned a unique ID. Use of another person’s ID to avail the Subscription and/or Services is expressly prohibited.

7. Proprietary Rights

7.1. The Platform contains copyrighted material, trademarks, and other proprietary information that belongs to the Company or its licensors, and you agree not to use or otherwise reproduce separately, the Company’s proprietary rights and the textual content associated with them without obtaining the Company’s prior written consent. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content on the Platform, including copyright, trademark, and other intellectual property notices.

7.2. You agree that you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Platform other than as specifically authorised by the Company is strictly prohibited.

8. Platform Access

8.1. By using the Platform, you agree not to undertake certain activities which include but are not limited to:

a) infringing any proprietary rights, including but not limited to copyrights, patents, trademarks or trade secrets, of any party;

b) except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works, renting, or licensing the Platform or any portion thereof;

c) downloading or copying any kind of information for the benefit of another individual, vendor or any other third party;

d) uploading, posting, or transmitting any information through the Platform you do not have a right to make available (such as the intellectual property of another party)

e) uploading, posting, or transmitting any material that contains software or any virus or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

f) undertaking any action that imposes or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s infrastructure;

g) use of data mining, robots, or similar data gathering and extraction tools;

h) making any back-up or archival copies of the Platform or any part thereof

i) bypassing any measures used by the Company to prevent or restrict access to the Platform

j) accessing, monitoring or copying any information on the Platform using any robot, spider, scraper, or other automated means of any manual process for any purpose without the Company’s express written permission;

k) violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform;

l) deep-linking to any portion of the Platform for any purpose without the Company’s express written permission; or

m) framing’, ‘mirroring’, or otherwise incorporating any part of the Platform into any other website without the Company’s prior written authorisation.

9. Indemnity and Release

You agree to release, indemnify, and hold the Company and its affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to Member/User’s breach of these T&Cs or Member/User’s use of the Platform or Services.

10. Limitations of Liability

You agree to release, indemnify, and hold the Company and its affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to Member/User’s breach of these T&Cs or Member/User’s use of the Platform or Services.

10.1. To the fullest extent permitted by applicable law, you hereby expressly agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, agents, and successors and assigns, against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorney’s fees, caused by or arising out of claims based upon:

a) any breach by you of these T&Cs;
b) any breach by you of applicable law;
c) Members’ choice of the registered healthcare provider/ registered medical practitioner.

11. Termination

11.1. You agree that the Company may, in its sole discretion, suspend or terminate your use of the Platform and your Subscription for any reason, including without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of these T&Cs. The Company may also in its sole discretion and at any time discontinue the provision of the Platform, or any part thereof. You agree that the Company will not be liable to you or any third party for termination of your access to the Platform.

11.2. Upon termination, these T&Cs shall terminate, except for those clauses that are intended to survive expiry or termination.

12. No Waiver and severability

You agree that no action of the Company, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these T&Cs. In the event any clause of these T&Cs is found to be unenforceable, then whenever possible, this will not affect any other clause, and each shall remain in full force and effect.

13. Governing law and dispute resolution

These T&Cs will be governed by and construed in accordance with the laws of India and any dispute arising out of or in connection with these T&Cs or Services shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.

14. Communication

You may communicate with the Company for any grievance that you experience in connection with the Services or the Platform, at:

Name : Benny Charles

Designation : Commercial Director

Email id : operations@solis.health