Terms and Conditions for Services/Service Providers

Your doctor has prescribed a service (“Prescribed Service”) to improve and enhance your child’s health. 

The service is made possible as a combination of services delivered by more than one Service Provider. In this agreement you accept that you are permitting the doctor to order the service on your behalf, and you are permitting these Service Providers to deliver their services to you.

You understand that these Service Providers are separate vendors and are not responsible for each other. You agree to hold each Service Provider free from any liability on account of the fault of any of the other Service Providers.

You accept that the Protean technology system (“Tech System”) will place orders on your behalf on each Service Provider. You will pay the entire amount of your order in advance using the online payment facility provided by the Tech System. You may also choose to pay at your doctor’s clinic and the clinic will make payment on your behalf on the Tech System. You will receive invoices for each of the above services by email on completion of the services or on request if you require copies for any reason.

The Protean Tech System and the technology services are provided by Protean eGov Technologies Limited (formerly NSDL e-Governance Infrastructure Limited) (“Protean”). The platform operations and support to medical services providers is provided by the platform operator partner of Protean, Inditech Technology Services Pvt Ltd (“System Operator”).

You acknowledge that Indian Academy of Pediatrics (“IAP”) is not a services provider to you and is not liable for any of the services provided to you by any Service Provider, or used by you on the Tech System. IAP has no role to play in the services of any Service Provider or in your decision to avail of the Prescribed Service or components thereof from the Service Providers. IAP also has no role to play in the technology system delivered and operated by Protean. IAP has no role to play in the platform/system operations or in selection of the System Operator.

You understand that Protean or System Operator are not liable for the services provided to you by any of the Service Providers on the Tech System. Protean and System Operator do not provide medical consultation or diagnostic services or medical advice.

The Service Providers have agreed to follow ethical and legally permissible practices when they signed up to be listed on the Tech System.

The Services delivered by Service Providers may change over time as they add more features. They may modify, suspend or discontinue, temporarily or permanently, the Services (or a part of the Services) from time to time without prior notice. Please backup your data as none of the Service Providers have any responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Services, unless they specifically offer you data storage services.

The scope of liability for each type of Service Provider who may be delivering services for the Prescribed Service is as follows:

  • Doctor– This shall mean the Doctor you have presently consulted and who has prescribed this service.
    1. If a Doctor is taking advice from a Specialist for one of their patients, the Doctor is liable for providing accurate case information to the Specialist. Specialists shall not be responsible for inaccurate or wrong advice given based on incorrect case information given to them by the Doctor.
    2. Except for the doctor’s consultation fee, the doctor is merely a collection agency for the remaining fees charged by the other Service Providers and is not liable in any manner for the services provided by those Service Providers .
    3. The doctor is liable only to the extent permissible in law for the consultation service provided by the doctor.

  • Specialist– This shall mean the specialist doctor (if any) who is advising you or your doctor for the Prescribed Service.
    1. If a Doctor is taking advice from a Specialist for one of their Patients, the Specialist is liable for the advice provided by the Specialist and must ask for case history/information from the Doctor and write a prescription based on the information provided.
    2. In case a Doctor is taking advice from a Specialist for one of their Patients, the Specialist is advised to share their prescription and the case information (documents, images, call recordings, etc.) provided by the Doctor via the sharing/uploading facility provided by the Protean system. The System will maintain the record, ensuring medico-legal protection in the form of recorded evidence.
    3. In case a Doctor is taking advice from a Specialist for one of their Patients, the Specialist can choose to provide advice to the Doctor for local investigations or local treatment. The Specialists can also choose to inform the Doctor that the case must be referred to themselves (the Specialist) because local care under specialist advice is not recommended for that specific case.
    4. The specialist  is liable to the extent permissible in law for the services provided by them.

  • Diagnostic Service Provider– This shall mean service provider conducting the diagnostic tests/ assessments or recommending interventions.
    1. The Diagnostic Service Provider will be responsible to conduct the diagnostic tests/ assessments prescribed by the doctor/ Specialist and delivering the report, along with recommended interventions, if any, to you or to the doctor/Specialist.
    2. In the event the Diagnostic Service Provider is the National Cancer Tissue Bio-Bank (“NCTB”), you understand and accept that a significantly small portion of the patient’s tissue sample will be used by the NCTB for medical research in the field of cancer. The NCTB is jointly funded by the Department of Sciences and Technology, Government of India and IITM to facilitate cancer research discoveries that will lead to improvements in cancer diagnosis and treatment. The use of the tissue sample of the patient by NCTB will not interfere with the patient’s care or diagnostic outcome. Further, the tissue sample collected will only be used for scientifically worthwhile and ethically approved research programs, and the NCTB will protect the patient’s privacy.
    3. Diagnostic support information from third parties whose services or content may be licensed for the Tech System. 
      1. Each of those third parties are liable to you and to your patients for the accuracy of the information.
      2. Protean, IAP or System Operator are not liable for the accuracy of the information provided by such third parties.  
      3. Protean, IAP or System Operator are not liable for the accuracy or safety of the information provided by third party websites/applications for which navigation links may be available on the system. You follow the links to any such third-party website /applications entirely at your own risk
      4. Should the patient’s diagnostic test repeatedly fail due to low quantity or quality of the sample or other confounding factors, then additional fees shall be incurred by the patient for further sample collection, storage, transportation and testing.

  • System Operator for Medical Services on the Tech System 
  1. System Operator is responsible for curating Service Providers for the Tech System and supporting the doctors and the patients to get services from the Service Providers.
  2. System Operator is responsible to coordinate with each Service Provider for the delivery of services to the patient
  3. System Operator is responsible for collection, payment, reconciliation and refunds as applicable. 
  • Specialized service providers: This shall mean Service Providers on the Tech System conducting certain specialised assessments, or recommending interventions based on assessments or delivering the recommended interventions. 

A. The specialized Service Providers conduct the assessments/recommend interventions/deliver interventions as prescribed by the doctor/ Specialist.

B. The specialized Service Providers deliver reports along with recommended interventions if any, to you or the doctor/Specialist.

For the services delivered or the reports provided:

  1. Each of Services Providers is liable to you, subject to disclaimers and limitations of liability conveyed to you by the Services Providers.
  2. Protean, IAP or System Operator are not liable for the information or Services provided to you by the Service Providers.  

The following types of specialized services are available on the system currently

  1. Dietary assessment and meal planning
  2. Behavioural and neurodevelopment

Special Terms applicable to Dietary assessment and meal planning services :

  1. The report is generated based on the food intake information provided by the patient. Incorrect information provided by the patient will result in incorrect assessment reports and meal plan recommendations.
  2. The analysis will use data of consumption of various nutrients irrespective of their digestion and absorption factors in the body, which may vary in every individual. The nutrition information provided in this report is based on standard serving and benchmark nutrition, taken from a variety of sources (ICMR, NIN USDA, Manufacturers). Actual nutritional values may vary because of the continuous data standardization process, change in recipes, changes in ingredients, variations in portion size or recipes, changes in calculation algorithms or differences in the sources of your ingredients.
  3. The reports that are generated are not intended to be a substitute for professional medical advice, diagnosis,or treatment, and do not constitute medical or other professional advice. For further medical advice, diagnosis and treatment, you are advised to consult your doctor.

Special Terms applicable to Behavioural and Neurodevelopment Services :

  1. The assessments are conducted by behavioral and neuro development specialists. Each specialist is responsible and liable for the assessments they make and for the assessment reports they authorize.
  2. The therapy is provided by therapists under the guidance of behavioral and neuro development specialists. Each Therapist is responsible and liable for the therapy they provide.  Each neuro developmental specialist is responsible and liable for the guidance they provide to the therapist.
  • Limitation of Liability
  1. Each Service Provider is liable only for the specific service they provide. Specifically, Protean is a technology provider and is not liable directly or indirectly for the provision of any medical service or medical information.
  2. Doctors are liable for the advice they have given to patients, either directly to the Patient or via another Doctor. Neither Protean nor Inditech are liable for the advice given by doctors to patients or to other doctors on the system.
  • Payments, Cancellations and Refunds Policy
  1. All payments are collected on the system by a collection agent (“Collection Agent”) via a payment gateway services provider. The current collection agent is the System Operator but this may change in future.
  2. Any order placed on the system for any services may be cancelled as per the cancellation policy of the medical services providers providing that service.
  3. On cancellation, if the cancelled order is eligible for a refund as per the cancellation policy of the medical services providers, the Collection Agent will refund the money to the payor within 15 business days from the date of the cancellation request on receiving instructions from the Medical Services Operator.
  4. These Terms and Conditions are subject to change from time to time. The System Operator shall inform you from time to time.
  • Law and jurisdiction
  1. All disputes arising between the parties as to the interpretation, operation, or effect of any clause in this agreement or any other difference arising between the parties, which cannot be mutually resolved, shall be referred to the arbitration. The location of arbitration shall be Mumbai. The language of arbitration shall be English.
  2. The Arbitration shall be conducted by a sole arbitrator who shall be appointed by the mutual consent of the Parties.
  3. Any litigation between the Parties arising out of this Agreement or the relationship shall be commenced, prosecuted and defended exclusively in Courts in Mumbai.