By accessing and using our services, you agree to comply with the following terms and conditions. This page outlines the legal agreements and guidelines for using our website and services. Please read through carefully before engaging with us.
SERVICES LEVEL AGREEMENT BETWEEN USER AND ENSOCURE
EnsoCure Healthcare and Research Pvt. Ltd. (in short, “Enso”) is a company registered under the Indian Companies Act, 2013 with its registered office in Bangalore. The Enso team consists of doctors, nurses and Allied Healthcare Workers and administrative staff who provide/support Enso in facilitating health care services.
Enso’s Clinic is located at 10, 2nd Cross, Green Leaf Layout, 80 Feet Rd, Koramangala 4th Block, Koramangala, Bengaluru, Karnataka 560034 enand in addition to in-person consultation, Enso offers medical services as detailed in this Service Level Agreement through any of the telecommunication devices including landline, mobile phone, Tablet, Desktop, Laptop or any other device (in short, “Device”) including through WhatsApp, SMS, and Enso’s Application (in short “App”) called Ensocure.
The Enso End Users License Agreement lists the key terms and conditions that you should be aware of if you choose to download and install the App on your Device and can be accessed at Enso’s website at www.ensocure.com.
The Enso Terms of Use further describes the terms and conditions that govern the manner in which the App can be used by the User and can be accessed at www.ensocure.com.
The Enso Privacy Policy protects the User’s medical or health information provided to Enso at the time of Telemedicine Consultation and can be accessed at www.ensocure.com.
This Service Level Agreement (“Agreement”) provides details of the nature and extent of services (defined below) that Enso provides to its User and shall be effective from the date on which the User downloads and installs the App or communicates with Enso either through the App, the Website, as the case maybe.
1.1. “Acceptance” means acceptance by the User of the terms and conditions of this Agreement either by downloading and installation of the App or by communicating with Enso on hello@ensocure.com or 6362191675 or through in-person consultation for availing
consultation services. For the avoidance of doubt, query only in respect of the terms and conditions of this Agreement, EULA, Terms of Use or Privacy Policy shall however not constitute tacit acceptance.
1.2. “Agreement” refers to this Service Level Agreement and includes reference to Annexure(s).
1.3. “App” in relation to this Agreement refers to the App, “Ensocure” developed and owned by Enso and used for the purposes set forth in this Agreement and to facilitate access to Services as defined under Annexure to this Agreement, and any updates and supplements to it, including an application provided by Us.
1.4. “Business Hours” during a day is between 9.00 AM to 9.00 PM other than Saturday or Sunday or a public holiday.
1.5. “Law” refers to all Central and State Statutes, Guidelines, Notifications, Circulars, Orders and judge made law, amended from time to time.
1.6. ”Medical Practitioner” means a physician as defined under Section 2(f) of the Indian Medical Councils Act, 1956.
1.7. “Protected Information” under this Agreement and in relation to the Services refers to the information voluntarily provided by the User to Enso that is necessary and relevant to the discharge of responsibilities by Enso.
1.8. “Services” means the services provided by Enso as defined in the Annexure to this Agreement. For the avoidance of doubt, Enso shall not provide emergency health care services.
1.9. “Telemedicine” is the use of telecommunications technology to provide healthcare.
1.10. “Telemedicine Practice Regulations” refers to the binding Guidelines issued by the Board of Governors instituted by the Central Government for regulating medical education and the medical profession in India (in supersession of the Medical Council of India), in partnership with the NITI Aayog in March 2020. These guidelines are binding on medical practitioners practicing allopathic medicine.
1.11. “User” refers to the individual to whom health care services are provided by the Enso or a person providing care or to a person who represents herself as a parent/guardian of their child under 18 years old. Thus, reference to a User may includes reference to the extended family member of the User. In case the User is a minor,
under the age of 18 years as defined under the Indian Majority Act, 1875, the parent or guardian of such a person shall be included in the definition of User under this Agreement. The term User shall also be a reference to a User/Patient who downloads and installs the App and/or communicates with Enso towards consultation with one or more of the Enso staff in respect of any matter that does not amount to clarifications in respect of the terms and conditions of this, EULA, Terms of Use or Privacy Policy.
2.1. On the terms and subject to the conditions set forth herein, the User appoints Ensocure Healthcare and Research Pvt., Ltd.,/Enso as the health service provider to provide non-emergency medical consulting Services within India only for the Term. Enso hereby
accepts such an appointment when the User downloads and installs the App or communicates with Enso seeking medical consultation, advice or intervention.
2.2. The User acknowledges that the Services provided by Enso to the User under this Agreement shall be in combination of in-person consultation as well as remotely through the Ensocure App downloadable from the Google Play and _____], and other forms of communication as indicated in the Annexure to this Agreement.
2.3. The App shall be used as a primary mode of communication with the User. The App shall have a built-in Electronic Health record, educational content and easy communication and scheduling facility.
2.4. The Enso team providing Services comprises Dr. Vinay Rao Bharadwaj and other staff, including a Dietician, a Pharmacist and other doctors whose names and contact details are provided on the Enso website. You may ask Enso for details of Physicians and other
medical staff.
3.1. Enso’s applicable charges for health care services are available in the Annexure to this Agreement.
3.2. The User, upon downloading and installing the App or if the communication to Enso is through in-person consultation or through the Website, shall inform Enso of the nature of assistance sought from Enso, i.e., a one time consultation or subscription to Enso’s Services.
4.1. Enso acknowledges and agrees that it shall follow professional and ethical standards as laid down by the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 (in short, “MCI Code”) as well as the Telemedicine Practice Regulations in their interaction with the Client.
4.2. Enso shall maintain Confidentiality of all data generated. No identifiable data in any form, including but not limited to, demographic and biometric data, medical records such as scan reports, test reports, prescriptions, and diagnostic reports, shall be accessed, used or disclosed to any person for commercial purposes. Please read the Privacy Policy available at www.ensocure.com for terms and conditions in which Enso may use the User data. The Privacy Policy shall be read as part and parcel of this Service Level Agreement. You may also ask for a physical copy of the Privacy Policy by email to Enso at ____.
4.3. Tele-consultation by Enso shall strictly follow the Telemedicine Practice Regulations and any other law applicable to provision of Services.
5.1. This Agreement shall be valid for a period of one (1) year (“Term”) effective from the date on which the User downloads and installs the App or communicates with Enso in respect of any query that the User may have.
5.2. Upon completion of Term, Enso shall be under no obligation to provide Services to the User unless the User either explicitly or by implication seeks to continue to avail of the Services provided by Enso.
6.1. Notwithstanding any provision under this Agreement, either party may terminate this Agreement without cause upon 30 days’ prior written notice to the other.
6.2. The Parties agree that this Agreement shall automatically terminate upon the expiry of the Initial Term, unless it is extended as per Clause 5.2.
6.3. Either Party may also terminate this Agreement for cause if: 6.3.1. Either party breaches any material term or condition of this Agreement or the End User License Agreement or the Terms of
Use or the Privacy Policy and fails to cure such breach within thirty (30) days after receiving written notice of the breach from the other Party;
6.3.2. Enso becomes insolvent (i.e., becomes unable to pay its debts in the ordinary course of business as they come due) or makes an assignment for the benefit of creditors; or
6.3.3. The User may terminate this Agreement if Enso fails to provide Services in accordance with competency and standard of care;
7.1. In the event of this Agreement being terminated prior to its Term, Enso shall provide all Services for the period of the remaining month, as applicable.
8.1. Standard of Care: Enso represents that the Services will be performed and that its operations shall be conducted in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable State and Central laws.
9.1. This Agreement shall be governed by the laws of the Republic of India. Any dispute arising in connection with or in respect of interpretation of the terms of this Agreement shall be subject to courts of competent jurisdiction in the city of Bangalore.
10.GENERAL TERMS
10.1. The User agrees to agree to the terms of this Agreement upon the satisfaction of either of the two conditions:
10.1.1. When the User downloads and installs the App on a Device.
10.1.2. When the User signs this Agreement physically and communicates his/her acceptance by email or snail mail to Enso at [add email] or [add address].
10.1.3. By accepting to be bound by this Agreement in any manner indicated in clause 10.1 above, the User agrees that this Agreement merges, supersedes and terminates all other prior commitments, arrangements, understandings, contemporaneous
representations, discussions, proposals, negotiations, conditions, communications and agreements, both oral and written, between the Parties relating to the subject matter hereof. The User also agrees that this Agreement collectively constitutes the final, complete, exclusive and entire agreement and understanding of the Parties with respect to the subject matter hereof.
10.2. This Agreement may only be amended, modified or supplemented by a written agreement signed by both of the Parties.
10.3. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
10.4. The headings and captions used in this Agreement are for convenience only and are not to be considered in limiting, construing or interpreting the contents of any of the sections of this Agreement.
10.5. No failure or delay by either party in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy. The waiver by either party of a breach of or a default under any provision of this Agreement will not be effective unless in writing.
10.6. If the User agrees to the terms of this Agreement but does not agree to the terms of either the End User Licence Agreement or the Terms of Use or the Privacy Policy, this Agreement shall not be considered to be in force. In such a case, the User is required to uninstall the App from their Device. In case the User continues to use the App or consult with Enso for health services, that shall be deemed to constitute tacit acceptance of the terms of this Agreement as well as the End User Licence Agreement, the Terms of Use and the Privacy Policy.
10.7. The User shall send a notice or communication in respect of this Agreement to Enso at [hello@ensocure.com] or [10, 2nd Cross, Green Leaf Layout, 80 Feet Rd, Koramangala 4th Block, Koramangala, Bengaluru, Karnataka 560034]. Enso shall send any notice or communication to the User at the email or postal provided by the User at the time of acceptance of this Agreement. The notice or communication shall be deemed to have reached the parties, in case of email.
10.8. A User may ask for a physical copy of this Agreement, which can be collected at the Clinic during working hours.
ANNEXURE
SERVICES PROVIDED BY ENSO
The following services are provided to the Client on a monthly subscription basis.
III. App Only Subscription (1 Month)
Physician |
Clinic visit charges (Rs.) 1,000.00 |
Home visit 2,000.00 |
Online consultation 500.00 |
Nurse | 500.00 | 1,000.00 | NA |
Nutritionist | 350.00 | NA | 350.00 |
○ EHR, Health tracking and survey engagement at no cost. ○ Free chat with Physician, Nurse & Dietician. While Enso providers will try their best to answer chats in a timely manner for everyone, no guarantee is made to non subscribers that their chat will be answered at all.
○ Video Calls through the App with medical providers or allied providers are chargeable as one time services.
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Locations
Bangalore
#10, 2nd Cross AVS Layout, 80 ft road, Koramangala 4th Block, Bengaluru 34.
Hyderabad
Flat no 206 Rose Building Cascade Greens NCL colony Kompally Hyderabad Rangareddi TG IN 500014.
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