ASH Software & Services LLC (“ASSL”) is a company duly incorporated in the United States of America with its registered address at 20 Howard Avenue New Bedford, Massachusetts 02745, USA, is the owner of OneHealthforall.com (“OneHealth”) and other applications (collectively the “Website”), as developed from time to time. ASH Software Designs & Services Private Limited, duly incorporated under the Companies Act, 2013, is the Indian Operator of the internet portal www.onehealthforall.com. The Website provides a platform that facilitates provision of services by the Service Providers (defined below) to the Customers (defined below). The Terms of Use herein stated describes the terms and conditions under which OneHealth provides its Services to its Users (defined below).
1. Nature
1.1. The Terms of Use and the Privacy Policy shall constitute a legally binding agreement between OneHealth and its Users.
1.2. A User is deemed to have read, understood and irrevocably consented to, and accepted all the terms and conditions herein contained in the Terms of Use and the Privacy Policy before accessing or using the Website or availing its Services. Any User that does not agree to any of the terms and conditions in the Terms of Use is mandated to forthwith leave the Website.
2. Applicability
2.1. The Terms of Use are applicable to:
2.1.1. Doctors, medical practitioners or health care providers (whether persons or institutions) (“Doctors”), pharmaceutical companies (“Pharmacies”), diagnostic labs (“Labs”), etc who have registered on OneHealth, and includes their affiliates and authorized personnel (collectively “Service Providers”);
2.1.2. Patients and any other person or institution who/which registers with OneHealth in order to purchase products or avail Services (“Customers”); and
2.1.3. Casual visitors to the Website who neither register, nor avail services (“Visitors”).
2.2. The Service Providers, Customers and Visitors shall also individually or collectively be referred to as the “Users”
3. Conditions of Use
3.1. The User must have completed at least 18 years of age in order to independently access or use this Website or to avail its services. By accessing or using this Website or availing its services, the User represents and warrants that he/she is 18 years of age or older.
3.2. The users who are less than 18 years of age (“Minors”) may access or use the Website or avail its services only through, or under supervision of a Guardian (defined under the Hindu Minority and Guardianship Act, 1956). In such instances, such Guardian shall be considered as the User of OneHealth.
4. Registration
A User must, in order to access any or all of the information, features, services and benefits of OneHealth, must register with OneHealth, by providing such information as detailed here, and other information OneHealth may seek in order to provide efficient services.
5. Payments
5.1. Fees for registration: OneHealth offers different plans for all the Customers. The Customers may choose any plan suitable to them from www.onehealthforall.com/pricing
5.2. Payments for purchasing products/availing services: Users agree and understand that all the commercial terms including but not limited to the price of products/services, shipping costs, etc are the contractual terms exclusively between the Service Providers and Customers. OneHealth shall not have any control over the offer and acceptance of any commercial terms between the Service Providers and Customers. Customers shall make such payments, as agreed to between the Service Providers and Customers, in accordance with this Clause 5.
5.3. Payment Mechanism: OneHealth provides payment gateways on the Website to facilitate any kind of payment by means of credit/debit cards (Visa, Master, Maestro, American Express) and internet banking. The User shall make any or all such payments directly on and exclusively via the payment gateway of his/her choice on the Website.
5.4. Misc. terms and taxes: OneHealth does not charge any money for merely browsing the Website. Services will commence only upon realization of money into the account of OneHealth or that of the Service Provider, as the case may be. The User agrees and understands that the payment mechanism may be governed by separate agreements between OneHealth and third-party companies. Any payments made shall be the sole responsibility of the User. OneHealth reserves the right to change any and all fees, upon its sole discretion, without any notice to Users, from time to time. The User is liable to pay any and all applicable charges, fees, duties, levies and taxes as required by the law, for purchasing products or availing services from the Website.
6. Roles and Responsibilities
6.1. OneHealth:
6.1.1. OneHealth shall take all reasonable measures to ensure the accuracy of all the information provided by any and all Users
6.1.2. OneHealth shall take all reasonable measures to ensure the authenticity and credibility of all information provided by the Service Providers in order to ensure efficient and quality provision of services.
6.1.3. OneHealth reserves the right to modify any of the terms and conditions of the Terms of Use or/and the Privacy Policy at any time, and for any reason without prior notice to the Users. Accessing or using the Website or availing its services following such modifications constitutes consent to be bound by such modified terms and conditions. The Users agree to read the terms and conditions at regular intervals so as to keep track of modifications if any. If such modification however substantially affects the rights of the user in anyway, OneHealth shall notify the Users.
6.1.4. OneHealth shall communicate with the Users via phone or text or email or notice display on the Website or through any other means, based on the User’s preferences indicated to OneHealth.
6.2. Doctors
6.2.1. OneHealth is an online health platform that provides a variety of online and online-linked health products and services to the Users for health-related information and resources
6.2.2. The Doctors acknowledge that the Doctors empanelled with One Health are independent contractors; that OneHealth shall have an independent contractor relationship with all such Doctors. Therefore, in no event shall OneHealth be held directly or vicariously liable for any advice or medical consultancy or any loss arising out of the services provided by the Doctors to the Patients.
6.2.3. The Doctors acknowledge that the e-prescription which may be issued by them, in certain events, shall not be a valid prescription under the applicable law(s) of India and shall not be used for dispensation of medicines by any pharmacist including the Third-Party Pharmacies. The Doctors further agree and acknowledge that in the event when the Doctors request OneHealth to process the e-prescription or any form of prescription (whether original or scanned copy of the original prescription) for facilitation of medicine orders, then OneHealth shall only act as an aggregator and assume no responsibility and/ or liability in relation to the dispensation of the medicines, which shall at all times be at the Doctor’s sole risk and the sole responsibility of the Third Party Pharmacies supplying the medicines to the Doctors.
6.2.4. The Online Consultation Services shall not be used in medical emergencies or for critical health situations requiring prompt medical attention. The Services are not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and therefore, One Health strongly discourages any delay in seeking advice from your doctor on account of something that you may have heard/viewed on the Website. You take full responsibility for ensuring that the information submitted is accurate and OneHealth shall not make any effort to validate any information provided by you for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask you to share more information as and when needed.
6.2.5. The opinions, statements, answers and e-consultations (collectively “Consultation”) provided by the Doctors through the Website shall solely be the individual and independent opinions and statements of such Doctors and do not reflect the opinions of OneHealth, its affiliates or any other organizations or institutions to which such Doctor or such specialist or professional is affiliated or provides services. OneHealth does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of OneHealth.
6.2.6. The Doctors represent and warrant that their credentials, qualifications and expertise as provided to OneHealth are accurate and genuine; that they are the sole and exclusive owner of all the products they wish to sell; that they have absolute right, title and authority to provide services on OneHealth.
6.2.7. The Doctors must be legally entitled to render their services or sell their products, and without violating any of the contractual terms they might be bound under any other third-party agreements. The offered products/services must not violate any of the rights of the third parties, which includes but is not limited to intellectual property rights, privacy rights, proprietary rights, etc.
6.2.8. The Doctors shall be governed by applicable laws at all times.
6.2.9. The Doctors must ensure they offer quality and standard products and Services, and must make best efforts to provide consultation or treat Customers in the most competent manner to the best of his/her ability. Doctors shall ensure to provide their services efficiently by, inter alia, honouring the terms of appointment with Customers, providing appropriate and quality treatment with utmost care and ensuring appropriate conduct vis-à-vis the Customers
6.2.10. Doctors shall be entitled to cancel an appointment only in the event the Doctors believe that it is beyond their expertise or capacity to offer efficient services. In such cases, the Customers have the option of choosing other Doctors.
6.2.11. In the event the Doctors sell medicines directly to the Customers in the process of personal consultation, all the terms as provided in this Clause 6.4 shall be applicable to the Doctors.
6.2.12. The Doctors must respond to the Customer within 10 working days from the date on which the Customers reach out to them. In the event of non-compliance of any sort, OneHealth at its discretion shall take appropriate measures which includes, but is not limited to, disabling the Doctors’ account.
6.3. Labs
6.3.1. The Labs represent and warrant that their credentials, qualifications and expertise as provided to OneHealth are accurate and genuine; that they are the sole and exclusive owner of all the products they wish to sell; that they have absolute right, title and authority to deal in the products they offer for sale and to provide services on OneHealth.
6.3.2. The Labs must be legally entitled to render their services or sell their products, and without violating any of the contractual terms they might be bound under any other third-party agreements. The offered products/services must not violate any of the rights of the third parties, which includes but is not limited to intellectual property rights, privacy rights, proprietary rights, etc.
6.3.3. The Labs shall be governed by applicable laws at all times.
6.3.4. The Labs must ensure they offer quality and standard products, and must make best efforts to provide consultation or treat Customers in the most competent manner to the best of his/her ability. The Labs shall ensure to provide their services efficiently by, inter alia, honouring the terms of appointment with Customers, providing quality services by conducting the tests and other functions with utmost care and ensuring appropriate conduct vis-à-vis the Customers.
6.3.5. The Labs shall be provided with the software by OneHealth in order to facilitate the smooth functioning of the Platform.
6.3.6. The Labs must respond to the Customer within 10 working days from the date on which the Customers reach out to them. In the event of non-compliance of any sort, OneHealth at its discretion shall take appropriate measures which includes, but is not limited to, disabling the Labs’ account
6.4. Pharmacies
6.4.1. The Pharmacies represent and warrant that their credentials, qualifications and expertise as provided to OneHealth are accurate and genuine; that they are the sole and exclusive owner of all the products they wish to sell; that they have absolute right, title and authority to deal in the products they offer for sale.
6.4.2. The Pharmacies must be legally entitled to render their services or sell their products, and without violating any of the contractual terms they might be bound under any other third-party agreements. The offered products/services must not violate any of the rights of the third parties, which includes but is not limited to intellectual property rights, privacy rights, proprietary rights, etc.
6.4.3. The Pharmacies shall be governed by applicable laws at all times.
6.4.4. The Pharmacies must ensure they offer quality and standard products.
6.4.5. The Pharmacies have to reach out to the customer about their order within 24 hours and process the order in 48 hours.
6.4.6. Pharmacies shall not sell its products or perform its functions unless the Customers upload a scanned copy of a prescription from a registered medical practitioner at the time of placing an order. Prescription medicines are delivered only after a prescription given by a registered medical practitioner has been received
6.4.7. All offered products must be kept in stock at all times to enable efficient services.
6.4.8. The product description must be accurate. In the event of any discrepancy between the product description and the actual condition of the product, the Pharmacy shall refund the amount to the Customer.
6.4.9. The Pharmacies must respond to the Customer within 10 working days from the date on which the Customers reach out to them. In the event of non-compliance of any sort, OneHealth at its discretion shall take appropriate measures which includes, but is not limited to, disabling the Doctors’ account
6.5. All Users:
6.5.1. Users shall, at all times ensure full compliance with the applicable provisions of the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and rules there under, and also all applicable laws, rules and regulations as amended from time to time regarding the sale of products or provision of services on the Website.
7. Termination
7.1. The Terms of Use and the Privacy Policy shall be applicable to all the Users in full form and effect, as long as the User uses the Website in any manner whatsoever.
7.2. The User can terminate his/her account in accordance with Clause 6.5 of the Privacy Policy
7.3. OneHealth may, at its sole discretion, and without prior notice, suspend the User’s account or prevent the User from accessing/utilizing the Website if among other things,
7.3.1. The User violates any of the terms of the Terms of Use.
7.3.2. OneHealth is unable to authenticate any User Information
7.3.3. OneHealth reasonably believes that continuing the User’s membership is not in its best interests.
7.4. Upon such termination, the User shall no longer use the Website under the same account or another new account, except after OneHealth expressly allows (by any means of express communication) the User to re-register or create a new account
7.5. Upon such termination, OneHealth may, at its sole discretion, delete any and all of the concerned User Information under its control or from its database
8. Breach
8.1. In the event a User breaches any of the terms and conditions of the Terms of Use, OneHealth reserves the right to:
8.1.1. pursue any remedy it deems fit, including but not limited to de-activation of the User’s account.
8.1.2. remove all User Information from its database
8.1.3. take suitable legal course of action.
8.2. Upon such breach, OneHealth shall preserve any related or associated records or information for at least 60 days for investigative or related purposes
9. Governing Law, Jurisdiction and Disputes
9.1. All contractual obligations between OneHealth and its Users shall be governed by all the applicable laws of India.
9.2. The Parties hereto submit to the jurisdiction of the appropriate courts of Telangana.
9.3. All disputes will be subject to arbitration in Telangana by a single arbitrator appointed by OneHealth, and agreed to by the concerned User, in accordance with the Arbitration and Conciliation Act, 1996.
10. Indemnity
User agrees to indemnify and hold harmless; OneHealth, its affiliates, and its Employees from any and all third-party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website, violation of its terms and conditions, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. OneHealth will notify the User of such claim, loss, liability, or demand, and the User shall provide reasonable assistance, at his/her own expense, in defending any such claim, loss, liability, damage, or cost.
11. Severability
If any term or any part of a term of the Terms of Use is invalid, unenforceable or prohibited under any of the applicable laws, such provision or part of provision shall be severed from the Terms of Use and shall be considered divisible as to such term or part thereof and such term or part thereof shall be inoperative between the parties hereto and the remainder of the Terms of Use shall be valid and binding and of like effect as though such term was not included herein.
12. Waiver
12.1. None of the terms in the Terms of Use may be waived or amended except expressly agreed to by the party against whose interest the term is waived or amended. Forbearance, failure or delay by either party in the exercise of a remedy shall not constitute a waiver, nor shall any exercise or partial exercise of any remedy preclude any further exercise of that or any other remedy.
12.2. Any waiver or consent by either party shall be effective only in the specific instance and for the specific purpose for which it is given and shall not be deemed, regardless of frequency given, to be a further or continuing waiver or consent. Any waiver of any provision in the Terms of Use by either Party shall not be deemed to have waived either that provision or any other provision of the Terms of Use in the future.
13. Contact
13.1. If the User has any query regarding OneHealth, or the Website, or the Terms of Use, or any other related matter, User can reach OneHealth by
13.1.1. Sending an email to info@onehealthforall.com
13.1.2. Contacting the Grievance Officer Mr.Mubeen Ahmed
13.1.3. Sending a letter marked to the attention of The Chief Grievance Officer, OneHealth, Inc. […].
13.2. If the User has any other grievance with respect to the Website, the Grievance Officer, who is appointed as per the requirements of the Information Technology Act, 2000, can be reached out. Such grievance will be addressed within 30 days of notifying the Grievance Officer.
14. Aadhaar Declaration
I on behalf of the holder of Aadhaar number give consent to “OneHealth” to obtain my details from UIDAI for the purpose of authentication. “OneHealth” has informed me that identity information would only be used for validating identity of the Aadhaar holder and will be shared with Central Identities Data Repository only for the purpose of authentication.
