PRIVACY POLICY

MKM STONE & UROLOGY HOSPITAL

 

  1. NATURE, SCOPE AND APPLICABILITY OF TERMS

 

These Terms of Use (“Terms”), together with the Privacy Policy, Patient Rights and Responsibilities, Patient Consent Forms, Admission Terms and Conditions, Discharge Policy, Billing Policy, Telemedicine Policy, Cookie Policy, Refund Policy, Website Disclaimer, and all other policies, guidelines, notices, declarations, and documents issued by MKM Stone & Urology Hospital (“Hospital”, “MKM”, “we”, “our”, or “us”), constitute a legally binding agreement between the Hospital and every person who accesses, visits, communicates with, registers on, or avails any service provided by the Hospital. These Terms shall apply uniformly to all patients, prospective patients, attendants, relatives, guardians, caregivers, visitors, corporate clients, insurance companies, Third Party Administrators (TPAs), government authorities, vendors, business associates, students, researchers, and every other person interacting with the Hospital, irrespective of whether such interaction takes place through the Hospital’s website (www.mkmcare.com), mobile application, patient portal, WhatsApp, email, telephone, telemedicine platform, social media platforms, online payment gateway, electronic medical record system, or by personally visiting any Hospital, clinic, outreach centre, diagnostic centre, laboratory, pharmacy, camp, or any other facility owned, managed, operated, or affiliated with the Hospital. For the avoidance of doubt, these Terms expressly apply to all online and offline healthcare services, including but not limited to outpatient consultations (OPD), inpatient admissions (IPD), emergency and trauma care, surgical procedures, daycare services, intensive care services, diagnostic and laboratory services, radiology and imaging services, pharmacy services, preventive health check-ups, vaccination services, physiotherapy and rehabilitation services, home healthcare services, telemedicine consultations, second opinions, medical education activities, digital health services, health awareness programmes, ambulance services, and every other medical, surgical, diagnostic, therapeutic, administrative, educational, or ancillary service provided by the Hospital. Every person who registers with the Hospital, books an appointment, seeks consultation, undergoes any investigation or procedure, is admitted for treatment, makes any payment, signs any Hospital document, submits any information, communicates with the Hospital, or otherwise avails any healthcare or administrative service shall be deemed to have read, understood, accepted, and agreed to be bound by these Terms to the fullest extent permitted under applicable law. Such acceptance may be evidenced by electronic consent, digital acceptance, online registration, OTP verification, execution of admission forms, consent forms, payment of Hospital charges, signature on any Hospital record, or by voluntarily availing any service from the Hospital after these Terms have been made available or reasonably brought to the person’s attention. These Terms shall remain binding throughout the duration of the relationship between the Hospital and the patient or User and shall continue to apply even after discharge, completion of treatment, closure of the patient account, or cessation of use of the Hospital’s digital platforms, to the extent necessary for record retention, billing, legal compliance, medico-legal obligations, dispute resolution, enforcement of rights, recovery of dues, protection of confidential information, and any other purpose permitted or required under applicable law.

  1. ACCEPTANCE OF TERMS AND BINDING AGREEMENT

By accessing, browsing, registering on, communicating with, or using the Hospital’s website (www.mkmcare.com), mobile application, patient portal, telemedicine platform, WhatsApp services, email services, online payment systems, electronic medical record portal, or any other digital platform operated by MKM Stone & Urology Hospital, or by physically visiting the Hospital, seeking medical consultation, obtaining diagnostic or laboratory services, purchasing medicines, undergoing any medical or surgical procedure, availing outpatient (OPD), inpatient (IPD), emergency, daycare, home healthcare, preventive healthcare, rehabilitation, pharmacy, ambulance, or any other healthcare or allied service provided by the Hospital, the User or Patient acknowledges that he or she has carefully read, understood, and voluntarily agreed to be legally bound by these Terms of Use, the Privacy Policy, Patient Rights and Responsibilities, Consent Forms, Billing Policy, Refund Policy, Telemedicine Policy, Website Disclaimer, and all other policies, rules, regulations, guidelines, and protocols issued by the Hospital from time to time. The User further acknowledges that acceptance of these Terms may be evidenced by electronic acceptance, clicking an acceptance button, OTP verification, digital signature, electronic communication, online registration, appointment booking, online or offline payment, execution of admission forms, signing of consent forms, execution of any Hospital document, acceptance by an authorized representative, or by voluntarily availing any service from the Hospital after these Terms have been made available or reasonably brought to the User’s attention. Such acceptance shall constitute a valid and legally enforceable agreement between the Hospital and the User to the fullest extent permitted under applicable law. Where the Patient is a minor, is legally incapacitated, unconscious, medically unfit to provide consent, or is otherwise unable to understand or execute these Terms, acceptance by the Patient’s parent, lawful guardian, next of kin, legally authorized representative, attendant, or person authorized under applicable law shall be deemed to constitute valid acceptance on behalf of the Patient, subject to applicable legal requirements. The Hospital reserves the absolute right to amend, modify, update, replace, suspend, or withdraw any provision of these Terms or any related policy at any time without prior notice where permitted by law. Any such amendment shall become effective upon publication on the Hospital’s website or upon being otherwise communicated through appropriate means. Continued access to the Hospital’s facilities, digital platforms, or healthcare services after such publication or communication shall constitute acceptance of the revised Terms. If any User does not agree with these Terms or any future amendment thereto, such User must immediately discontinue use of the Hospital’s website, digital platforms, and services. However, discontinuation of use shall not affect any rights, obligations, liabilities, consents, payments, confidentiality obligations, medical record retention requirements, indemnities, or legal responsibilities that have already arisen prior to such discontinuation.

  1. ELIGIBILITY, AUTHORITY AND CAPACITY TO AVAIL HOSPITAL SERVICES

Only persons who are legally competent to enter into a binding contract under the applicable laws of India may independently access, register for, or avail the services of MKM Stone & Urology Hospital. By accessing the Hospital’s website, mobile application, patient portal, telemedicine platform, or by availing any online or offline healthcare service, the User represents and warrants that he or she possesses the legal capacity and authority to enter into this Agreement and to perform all obligations arising hereunder. A person who has not attained the age of majority or who is otherwise incapable of entering into a legally binding agreement under applicable law may avail the Hospital’s services only through or under the supervision of a parent, lawful guardian, legally authorized representative, or any other person legally empowered to act on such person’s behalf. Any registration, consent, declaration, authorization, payment, or acceptance of these Terms made by such parent, guardian, or authorized representative shall, to the extent permitted by law, be deemed to have been validly made on behalf of the patient. Where any person acts on behalf of a patient, including but not limited to a spouse, parent, child, relative, attendant, caregiver, employer, insurance company, Third Party Administrator (TPA), corporate representative, legal guardian, or holder of a valid power of attorney, such person represents and warrants that he or she has the lawful authority to act for and bind the patient in relation to the relevant healthcare services, consents, declarations, instructions, communications, and financial obligations. The Hospital shall be entitled to rely upon such representation unless it has actual knowledge to the contrary and shall not be liable for any dispute arising from the absence, limitation, or misuse of such authority. The User further represents and warrants that all information, documents, declarations, medical history, identification details, insurance particulars, and other information provided to the Hospital are true, accurate, complete, and current. The User undertakes to promptly notify the Hospital of any change in such information. The Hospital reserves the right to verify any information or document submitted and may request additional documentation whenever considered necessary for identification, patient safety, regulatory compliance, insurance processing, fraud prevention, or any other lawful purpose. The Hospital reserves the right, subject to applicable law and medical ethics, to refuse registration, decline to provide non-emergency services, suspend or terminate access to any digital platform, or require additional verification where the User provides false, misleading, incomplete, fraudulent, or unverifiable information, impersonates another person, acts without lawful authority, or otherwise violates these Terms or any applicable law. Nothing contained in this clause shall restrict the Hospital’s obligation to provide emergency medical treatment where such obligation is imposed by applicable law.

  1. USER REGISTRATION, PATIENT ACCOUNT AND VERIFICATION

 

To facilitate the provision of healthcare services, MKM Stone & Urology Hospital may require a User or Patient to register and create an account through the Hospital’s website, mobile application, patient portal, telemedicine platform, self-service kiosk, or at any registration counter within the Hospital. Registration may be mandatory for certain services, including but not limited to appointment booking, teleconsultation, admission, diagnostic investigations, laboratory services, radiology services, pharmacy services, online payments, electronic medical records, report downloads, health packages, insurance processing, and other digital or offline healthcare services. The User agrees to provide complete, accurate, current, and truthful information during registration and at all subsequent interactions with the Hospital. Such information may include, without limitation, the User’s name, age, date of birth, gender, address, mobile number, email address, government-issued identification details where legally required, emergency contact information, insurance or Third Party Administrator (TPA) details, medical history, and any other information reasonably required for identification, patient safety, treatment, regulatory compliance, billing, fraud prevention, or other lawful purposes. The Hospital reserves the right to verify the identity of any User or Patient through government-issued identification documents, one-time password (OTP) verification, biometric authentication where legally permissible, digital verification tools, telephone verification, email verification, or any other lawful means considered appropriate. The Hospital may refuse to activate, suspend, restrict, or terminate any account where identity cannot be satisfactorily verified or where false, misleading, forged, incomplete, or fraudulent information is provided. Each User shall be solely responsible for maintaining the confidentiality and security of his or her login credentials, passwords, OTPs, authentication devices, and account access information. The User shall immediately notify the Hospital of any actual or suspected unauthorized access, misuse, security breach, or compromise of the account. Unless otherwise established, every transaction, communication, request, consent, instruction, booking, payment, or modification carried out through the User’s registered account shall be deemed to have been authorized by the User or the person lawfully acting on the User’s behalf. The Hospital may suspend, deactivate, merge, or permanently close any patient account where duplicate records exist, where required for patient safety, regulatory compliance, data integrity, fraud prevention, system maintenance, or other legitimate operational reasons. The Hospital may also update, correct, or consolidate registration information based upon official records, medical documentation, or information lawfully obtained from the User or authorized representatives. The User acknowledges that successful registration does not guarantee the availability of any particular healthcare service, doctor, appointment, investigation, admission, or treatment. All services remain subject to medical necessity, availability of infrastructure and personnel, clinical judgment, statutory requirements, and the Hospital’s operational policies. The Hospital shall not be responsible for any delay, inconvenience, loss, or adverse consequence arising from incorrect, incomplete, outdated, or misleading information provided by the User or from the User’s failure to promptly update any change in contact details, identity information, insurance particulars, or other material information relevant to the provision of healthcare services.

  1. COLLECTION, PROCESSING, STORAGE AND USE OF PERSONAL AND HEALTH INFORMATION

 

In order to provide safe, efficient, lawful, and high-quality healthcare services, MKM Stone & Urology Hospital may collect, receive, generate, verify, process, store, organize, retrieve, use, disclose, archive, and, where legally permissible, anonymize or securely dispose of personal information and health-related information relating to the User or Patient. Such information may be collected directly from the Patient, a parent or lawful guardian, an attendant, a legally authorized representative, an employer, an insurance company, a Third Party Administrator (TPA), another healthcare provider, government authorities, publicly available lawful sources, or through the Hospital’s website, mobile application, patient portal, telemedicine platform, telephone, email, WhatsApp, online forms, physical registration forms, diagnostic equipment, medical devices, or any other lawful source. The information collected may include, without limitation, the Patient’s name, age, date of birth, gender, photograph, address, contact details, emergency contact information, government-issued identification details where required by law, insurance and TPA information, employer details, payment and billing information, medical history, family history, allergies, current and previous illnesses, prescriptions, laboratory reports, radiology images, pathology reports, operation notes, discharge summaries, vaccination records, clinical observations, nursing records, electronic medical records, telemedicine records, pharmacy records, rehabilitation records, health package information, appointment history, payment records, communication history, feedback, complaints, CCTV recordings in monitored areas, call recordings where applicable, website usage information, IP address, browser information, device identifiers, cookies, system logs, and such other information as may be reasonably necessary for the provision of healthcare services or compliance with applicable law. The Hospital may process such information for lawful purposes including, but not limited to, patient identification, registration, appointment scheduling, diagnosis, treatment, surgery, nursing care, laboratory and diagnostic services, pharmacy services, billing and payment processing, insurance and TPA claims, statutory reporting, regulatory compliance, accreditation requirements, quality assurance, infection control, clinical audit, patient safety initiatives, medical education, scientific research using anonymized or de-identified information where appropriate, public health reporting, fraud prevention, cybersecurity, dispute resolution, legal proceedings, debt recovery, internal administration, customer support, service improvement, and any other purpose that is reasonably connected with the provision of healthcare services or otherwise permitted or required under applicable law. The Hospital shall process personal and health information in accordance with applicable Indian laws, including the Digital Personal Data Protection Act, 2023, and other applicable healthcare, information technology, consumer protection, and medico-legal requirements. Access to personal information shall be restricted to authorized personnel, consultants, service providers, or other persons who require such access for lawful and legitimate purposes, subject to appropriate confidentiality obligations and security safeguards. The User acknowledges that the Hospital may engage third-party service providers, cloud service providers, software vendors, diagnostic partners, laboratories, pharmacies, payment gateway operators, insurance companies, TPAs, collection agencies, legal advisors, auditors, accreditation bodies, government authorities, and other authorized entities for purposes connected with the provision of healthcare services or compliance with legal obligations. The Hospital shall take reasonable steps to ensure that such entities are bound by appropriate contractual, statutory, or professional obligations relating to confidentiality, privacy, and data security, to the extent applicable. The User further acknowledges and agrees that the Hospital may retain personal information and medical records for such period as may be required under applicable law, professional standards, accreditation requirements, insurance obligations, taxation laws, judicial or governmental directions, medico-legal requirements, or the Hospital’s record retention policies. Upon expiry of the applicable retention period, the Hospital may securely archive, anonymize, or permanently destroy such records in accordance with applicable law and established Hospital procedures. Nothing contained in this clause shall be construed as limiting the Hospital’s right or obligation to disclose information where such disclosure is required by law, directed by a competent court or statutory authority, necessary for the protection of life or public health, required for the defence of legal claims, or otherwise permitted under applicable law.

  1. PATIENT CONSENT, AUTHORIZATION AND ELECTRONIC COMMUNICATIONS

By accessing the Hospital’s website, mobile application, patient portal, telemedicine platform, WhatsApp Business account, email services, online payment systems, electronic medical record portal, or by availing any outpatient (OPD), inpatient (IPD), emergency, daycare, surgical, diagnostic, pharmacy, laboratory, radiology, home healthcare, preventive healthcare, rehabilitation, telemedicine, or any other healthcare service provided by MKM Stone & Urology Hospital, the User or Patient expressly acknowledges and, where required by applicable law, consents to the collection, processing, storage, use, disclosure, transmission, and retention of personal information and health-related information for the lawful purposes described in these Terms, the Privacy Policy, applicable consent forms, and other Hospital policies. The User further authorizes the Hospital to communicate with the User, Patient, parent, guardian, authorized representative, attendant, emergency contact, insurer, Third Party Administrator (TPA), employer (where applicable and lawfully authorized), referring medical practitioner, diagnostic centre, pharmacy, laboratory, blood bank, ambulance service provider, government authority, regulatory body, or any other person or entity lawfully connected with the provision of healthcare services, insurance processing, billing, regulatory compliance, patient safety, public health obligations, medico-legal requirements, or any other lawful purpose. Such communications may be made through telephone calls, SMS, WhatsApp messages, email, mobile applications, push notifications, patient portal notifications, postal correspondence, video conferencing platforms, or any other lawful mode of communication. The User expressly agrees that appointment confirmations, reminders, investigation reports, prescriptions, discharge summaries, invoices, payment confirmations, health education material, medication reminders, vaccination reminders, follow-up communications, satisfaction surveys, service announcements, emergency alerts, regulatory notices, and other healthcare-related communications may be transmitted electronically. The User acknowledges that electronic communications may not always be encrypted end-to-end outside the Hospital’s controlled systems and accepts the inherent risks associated with electronic transmission, except to the extent arising from the Hospital’s failure to exercise reasonable security measures required under applicable law. Where any consent is required for a particular medical procedure, surgery, anaesthesia, blood transfusion, invasive intervention, participation in research, publication of identifiable information, telemedicine consultation, or any other activity requiring specific informed consent under applicable law, the Hospital shall obtain such separate consent in the manner prescribed by law, and nothing contained in these Terms shall be construed as replacing or waiving any such legally mandated consent requirement. The User undertakes to ensure that all mobile numbers, email addresses, postal addresses, emergency contact details, insurance information, and other communication details provided to the Hospital remain accurate and up to date. The Hospital shall not be responsible for any delay, non-delivery, misdelivery, or unauthorized receipt of communications resulting from inaccurate, outdated, incomplete, or incorrectly supplied contact information, except where such failure is directly attributable to the Hospital. The User further acknowledges that all electronic records, electronic consents, OTP verifications, digital signatures, electronic communications, system-generated logs, appointment records, billing records, payment confirmations, electronic medical records, audit trails, and other electronically generated documents maintained by the Hospital may, to the extent permitted by applicable law, constitute valid evidence of the transactions, communications, consents, and instructions exchanged between the Hospital and the User, and may be relied upon in administrative, regulatory, judicial, arbitral, or other legal proceedings.

  1. MEDICAL RECORDS, ELECTRONIC HEALTH RECORDS (EMR), RECORD RETENTION AND PATIENT ACCESS

MKM Stone & Urology Hospital maintains medical records, Electronic Medical Records (EMR), Electronic Health Records (EHR), diagnostic records, laboratory reports, radiology images, prescriptions, operative notes, nursing records, intensive care records, consent forms, discharge summaries, billing records, telemedicine records, pharmacy records, rehabilitation records, administrative records, digital communications, and other healthcare documentation in physical and/or electronic form for the purpose of providing safe, continuous, lawful, and quality healthcare services. Such records may be created directly by the Hospital or received from the Patient, previous healthcare providers, laboratories, diagnostic centres, insurance companies, Third Party Administrators (TPAs), or other authorized sources. All original Hospital-generated medical records shall remain the property of MKM Stone & Urology Hospital, subject to the Patient’s legal rights to obtain copies, summaries, extracts, or access to such records in accordance with applicable law and the Hospital’s record release policies. Nothing contained in these Terms shall be interpreted as transferring ownership of the original Hospital records to any Patient or third party. The Hospital may maintain, update, correct, consolidate, archive, migrate, digitize, encrypt, back up, restore, and securely retain medical records for such period as may be required under applicable law, professional standards, accreditation requirements, insurance obligations, medico-legal requirements, judicial directions, governmental regulations, or the Hospital’s internal record retention policies. Upon expiry of the applicable retention period, records may be securely archived, anonymized, or destroyed in accordance with applicable law and the Hospital’s approved record management procedures. The User acknowledges that the Hospital may use secure electronic systems, cloud-based infrastructure, backup servers, disaster recovery systems, artificial intelligence-assisted healthcare technologies, clinical decision support systems, and other digital technologies for the maintenance, processing, storage, retrieval, transmission, and protection of medical records. The Hospital shall implement reasonable administrative, technical, physical, and organizational safeguards to protect such records against unauthorized access, alteration, disclosure, loss, destruction, or misuse; however, the Hospital does not warrant that any electronic system is completely immune from technical failures, cyberattacks, hacking, malware, ransomware, communication failures, or other events beyond its reasonable control. The Patient shall be responsible for carefully reviewing copies of reports, prescriptions, discharge summaries, invoices, insurance documents, and other records provided by the Hospital and shall promptly notify the Hospital of any apparent clerical error, omission, or discrepancy. The Hospital reserves the right to correct bona fide clerical, typographical, administrative, or documentation errors in accordance with applicable law and accepted medical practice. Medical records may be disclosed by the Hospital only to the Patient, a person lawfully authorized by the Patient, a parent or guardian where applicable, a competent court, statutory or regulatory authority, law enforcement agency, insurance company, Third Party Administrator (TPA), treating healthcare provider, or any other person or entity where such disclosure is required, authorized, or permitted under applicable law, or is reasonably necessary for treatment, payment, healthcare operations, public health obligations, patient safety, accreditation, audit, legal proceedings, or the protection of the lawful rights and interests of the Hospital, its healthcare professionals, or the Patient. The User acknowledges that electronic medical records, audit logs, metadata, access logs, digital signatures, electronic prescriptions, diagnostic reports, imaging records, telemedicine records, communication records, billing records, electronic consents, and all other electronic documentation generated or maintained by the Hospital may constitute official Hospital records and may be relied upon, to the extent permitted by applicable law, in administrative, regulatory, insurance, judicial, arbitral, or other legal proceedings.

  1. APPOINTMENTS, ADMISSIONS, MEDICAL SERVICES AND PATIENT RESPONSIBILITIES

 

MKM Stone & Urology Hospital provides outpatient (OPD), inpatient (IPD), emergency, daycare, diagnostic, laboratory, radiology, pharmacy, telemedicine, surgical, preventive healthcare, rehabilitation, home healthcare and other allied medical services through its healthcare professionals and associated service providers. Appointment booking through the Hospital’s website, mobile application, patient portal, telephone, WhatsApp, email, walk-in registration, referral, corporate arrangement or any other mode is intended solely to facilitate access to healthcare services and shall not constitute a guarantee of consultation, admission, treatment, investigation, surgery, availability of any particular doctor, bed, equipment, medicine, operation theatre, intensive care facility or any other specific medical service. All appointments, admissions, investigations, procedures and surgeries shall remain subject to the professional judgment of the treating medical practitioner, the clinical condition of the Patient, availability of medical personnel, operation theatres, beds, equipment, blood products, medicines, diagnostic facilities, statutory requirements, infection control measures, public health emergencies, and the Hospital’s operational requirements. The Hospital reserves the right to reschedule, postpone, transfer, substitute, or cancel any appointment, admission, procedure or surgery where reasonably required for clinical, operational, administrative, legal, safety or emergency reasons, without incurring any liability except to the extent mandated under applicable law. The Patient acknowledges that consultation schedules, waiting times and appointment timings are approximate and may vary depending upon medical emergencies, critical patient care, surgical requirements, unforeseen clinical circumstances, operation theatre delays, emergency admissions, staffing requirements or other circumstances beyond the reasonable control of the Hospital. Every reasonable effort shall be made to minimize inconvenience; however, the Hospital shall not be liable for delays arising from such circumstances. The Patient agrees to provide complete, accurate and truthful medical history, previous medical records, prescriptions, allergies, medication details, investigation reports, insurance information and all other information reasonably required for proper diagnosis and treatment. The Patient further agrees to cooperate with doctors, nurses and Hospital staff, comply with medical advice, follow infection prevention protocols, maintain appropriate standards of conduct within the Hospital premises, safeguard Hospital property, and promptly make payment of all applicable charges in accordance with the Hospital’s prevailing tariffs and billing policies. The Hospital reserves the right, subject to applicable law and medical ethics, to decline or discontinue non-emergency services where the Patient or any attendant engages in violence, intimidation, abuse, harassment, threats, damage to Hospital property, fraudulent conduct, submission of forged documents, non-payment of undisputed dues, misuse of Hospital facilities, violation of these Terms, or any conduct that compromises the safety, dignity or security of patients, healthcare professionals or Hospital staff. Nothing contained herein shall affect the Hospital’s legal obligations to provide emergency medical treatment where such obligations arise under applicable law. Where appointments, investigations or procedures require advance payment, booking deposits or confirmation charges, the applicable cancellation, refund, rescheduling and no-show policies published by the Hospital from time to time shall apply. Refunds, where admissible, shall ordinarily be processed through the original mode of payment, subject to banking timelines, statutory deductions, payment gateway rules and any lawful administrative charges disclosed by the Hospital. The User acknowledges and agrees that all treatment decisions, investigations, prescriptions, surgeries, procedures, admissions, referrals, discharge planning and follow-up recommendations shall be based exclusively upon the independent professional judgment of the treating healthcare professionals after considering the Patient’s clinical condition. The Hospital does not guarantee any specific diagnosis, treatment outcome, cure, recovery period, life expectancy, cosmetic result or therapeutic success, as every medical condition is unique and outcomes may vary from patient to patient despite appropriate medical care.

  1. Telemedicine, Online Consultation, Digital Health Services and Artificial Intelligence Assisted Tools

 

MKM Stone & Urology Hospital may, from time to time, provide healthcare services through telemedicine, video consultation, audio consultation, online chat, secure messaging, remote patient monitoring, electronic prescriptions, patient portals, mobile applications, WhatsApp Business services, artificial intelligence-assisted healthcare tools, symptom assessment tools, appointment management systems, digital health records, and other digital healthcare technologies (“Digital Health Services”). Such services are intended to improve accessibility and continuity of healthcare and shall be provided only to the extent permitted under applicable law, professional standards, and the Telemedicine Practice Guidelines or any successor regulations issued by the competent authority. The User acknowledges that telemedicine and other Digital Health Services have inherent limitations and may not be appropriate for every medical condition. Certain illnesses, injuries, emergencies, surgical conditions, or situations requiring physical examination, diagnostic testing, or immediate intervention cannot be adequately evaluated or managed through remote consultation. The treating medical practitioner shall have the sole professional discretion to determine whether telemedicine is clinically appropriate and may refuse, discontinue, or convert any online consultation into an in-person consultation, refer the Patient to another healthcare provider, advise immediate hospitalization, or recommend emergency medical care whenever considered medically necessary. The User shall ensure that all information provided during any online consultation, including medical history, symptoms, medications, allergies, investigation reports, images, videos, and other clinical information, is true, complete, accurate, and up to date. The Hospital and the treating medical practitioner shall be entitled to rely upon the information supplied by the User and shall not be responsible for any incorrect diagnosis, delay in diagnosis, inappropriate treatment, adverse outcome, or other consequence arising directly or indirectly from incomplete, inaccurate, misleading, concealed, or false information provided by the User or by any person acting on the User’s behalf. The User acknowledges that the quality and effectiveness of telemedicine services depend upon several factors beyond the Hospital’s reasonable control, including internet connectivity, telecommunications networks, electrical power supply, hardware and software compatibility, device performance, camera and audio quality, third-party platforms, and cybersecurity risks. Accordingly, the Hospital shall not be liable for interruptions, delays, technical failures, communication errors, data transmission failures, software malfunctions, network outages, unauthorized access caused despite reasonable security measures, or any inability to complete an online consultation due to circumstances beyond its reasonable control. Where the Hospital utilizes artificial intelligence-assisted systems, automated scheduling tools, symptom checkers, digital triage systems, transcription tools, decision-support software, chatbot services, language translation tools, or similar technologies, such tools are intended solely to assist healthcare delivery and administrative efficiency. They shall not replace the independent professional judgment of qualified medical practitioners. Any information generated through such systems is advisory in nature and shall not be construed as a definitive diagnosis, prescription, medical opinion, or guarantee of treatment outcome. Final clinical decisions shall remain exclusively with the treating healthcare professional. Electronic prescriptions, consultation summaries, investigation requests, medical certificates, fitness certificates, reports, invoices, receipts, discharge advice, referral letters, and other digital documents issued through the Hospital’s authorized systems shall, to the extent permitted under applicable law, be deemed valid electronic records. The User is responsible for reviewing such documents upon receipt and promptly notifying the Hospital of any apparent clerical or typographical errors. The User expressly understands and agrees that the Hospital’s website, mobile application, patient portal, educational articles, health awareness material, frequently asked questions, newsletters, videos, blogs, chatbot responses, automated notifications, calculators, symptom checkers, and other informational content are provided solely for general educational purposes and shall not be relied upon as a substitute for direct medical examination, diagnosis, treatment, or emergency medical care. In the event of a medical emergency or a significant deterioration in the Patient’s condition, the User shall immediately seek emergency medical assistance or visit the nearest appropriate healthcare facility without relying solely upon any Digital Health Service.

  1. BILLING, PAYMENTS, INSURANCE, THIRD PARTY ADMINISTRATORS (TPAS), DEPOSITS AND FINANCIAL RESPONSIBILITY

The Patient, User, guarantor, parent, guardian, authorized representative, employer, corporate sponsor, insurance company, Third Party Administrator (TPA), or any other person accepting financial responsibility for the Patient acknowledges and agrees that all Hospital charges shall be payable in accordance with the Hospital’s prevailing tariff, package rates, contractual arrangements, government notifications, insurance approvals, and applicable laws. Hospital charges may include, without limitation, consultation fees, admission charges, room charges, nursing charges, operation theatre charges, procedure charges, surgeon’s fees, anaesthetist’s fees, assistant surgeon’s fees, intensive care charges, emergency charges, laboratory charges, radiology charges, pharmacy charges, implant costs, medical device charges, consumables, blood and blood component charges, rehabilitation charges, physiotherapy charges, professional fees, telemedicine charges, administrative charges, convenience fees, taxes, statutory levies, and any other charges reasonably incurred in connection with the Patient’s diagnosis, treatment, surgery, hospitalization, or ancillary healthcare services. The Patient acknowledges that all estimates, package quotations, cost projections, and preliminary bills are provided solely for convenience and planning purposes and shall not constitute a binding representation or guarantee of the final amount payable. The final bill shall be determined on the basis of the actual medical condition of the Patient, investigations performed, medicines administered, implants used, complications encountered, duration of hospitalization, professional services rendered, and any other clinically necessary services provided during the course of treatment. Where treatment is sought under a health insurance policy, corporate arrangement, government healthcare scheme, reimbursement programme, or cashless facility, the Hospital shall make reasonable efforts to facilitate the processing of claims; however, approval, rejection, limitation, deduction, delay, or denial of any claim shall remain the sole responsibility of the concerned insurer, Third Party Administrator (TPA), employer, government authority, or scheme administrator. The Hospital does not guarantee cashless approval, reimbursement, settlement of insurance claims, or payment by any third party. The Patient and the person accepting financial responsibility shall remain jointly and severally liable for payment of all Hospital charges that are not approved, paid, or reimbursed by the concerned insurer, TPA, employer, government authority, or any other third party. The Hospital may require advance deposits, interim deposits, security deposits, advance payments, or periodic top-up deposits before or during consultation, investigation, admission, surgery, or hospitalization. The Hospital reserves the right, subject to applicable law and medical ethics, to require replenishment of such deposits where the estimated cost of treatment exceeds the amount deposited. Any refundable balance remaining after final settlement of the Hospital bill shall ordinarily be refunded through the original mode of payment or such other lawful mode as may be determined by the Hospital, after adjustment of all outstanding dues, taxes, statutory deductions, and other lawful charges. Payments may be accepted through cash, cheque, demand draft, debit card, credit card, Unified Payments Interface (UPI), net banking, electronic fund transfer, payment gateways, mobile wallets, digital banking platforms, or any other payment mode approved by the Hospital. Where electronic payment systems or third-party payment gateways are used, the transaction shall additionally be governed by the terms and conditions of the relevant payment service provider. The Hospital shall not be responsible for payment gateway failures, banking errors, duplicate debits, settlement delays, technical interruptions, unauthorized banking transactions not attributable to the Hospital, or any loss arising from systems operated by third-party financial institutions. The Patient and every person accepting financial responsibility agree to pay all undisputed Hospital dues within the time prescribed by the Hospital. The Hospital reserves the right to recover unpaid amounts through lawful means, including adjustment of available deposits, withholding non-essential administrative services permissible under applicable law, engagement of authorized recovery agents, institution of civil proceedings, arbitration, or any other remedy available under law. Nothing contained in this clause shall authorize the Hospital to withhold emergency medical treatment where such treatment is required under applicable law. Cancellation, refund, rescheduling, and no-show charges relating to appointments, investigations, procedures, surgeries, health packages, telemedicine consultations, and other services shall be governed by the Hospital’s prevailing Cancellation and Refund Policy as amended from time to time. Refunds, where admissible, shall be processed within a reasonable period, subject to verification, banking timelines, statutory requirements, deductions lawfully applicable, and the rules of the relevant payment service provider. The User further acknowledges that any billing dispute shall not, by itself, invalidate the medical services rendered by the Hospital. The parties shall endeavour to resolve billing disputes amicably by producing supporting records, invoices, insurance communications, approvals, prescriptions, and other relevant documentation before resorting to legal proceedings.

  1. PRIVACY, CONFIDENTIALITY, DISCLOSURE OF INFORMATION AND DATA SHARING

MKM Stone & Urology Hospital recognizes that the confidentiality of medical information is fundamental to the relationship between a patient and a healthcare provider. Subject to applicable law, the Hospital shall take reasonable administrative, technical, organizational, and physical measures to safeguard the confidentiality, integrity, and security of personal information, health records, electronic medical records, diagnostic reports, prescriptions, billing records, payment information, and all other information collected during the course of providing healthcare services. Access to such information shall ordinarily be restricted to authorized healthcare professionals, employees, consultants, service providers, and other persons who require such access for legitimate clinical, administrative, operational, legal, regulatory, or security purposes. The Patient expressly acknowledges and authorizes the Hospital to collect, process, store, retrieve, use, transmit, disclose, share, archive, and otherwise deal with personal information and health-related information for purposes including patient identification, diagnosis, treatment, surgery, nursing care, pharmacy services, laboratory services, radiology services, rehabilitation, follow-up care, appointment management, billing, payment processing, insurance claims, Third Party Administrator (TPA) processing, accreditation, quality assurance, patient safety initiatives, infection control, internal audit, fraud prevention, cybersecurity, medical education, scientific research using anonymized or de-identified information where appropriate, legal proceedings, public health reporting, regulatory compliance, and any other lawful purpose connected with the provision of healthcare services. The Hospital may disclose or share personal or medical information with treating doctors, consulting specialists, nursing staff, laboratories, diagnostic centres, blood banks, pharmacies, rehabilitation centres, referral hospitals, ambulance service providers, insurance companies, Third Party Administrators (TPAs), employers where lawfully authorized, corporate clients, cloud service providers, information technology vendors, payment gateway operators, legal advisors, auditors, accreditation bodies, statutory authorities, law enforcement agencies, judicial authorities, regulatory bodies, and any other person or entity where such disclosure is necessary for treatment, payment, healthcare operations, protection of life, compliance with applicable law, enforcement of legal rights, prevention of fraud, public health obligations, or is otherwise authorized or required by law. Wherever reasonably practicable and legally appropriate, the Hospital shall endeavour to disclose only such information as is necessary for the relevant purpose. However, the Hospital shall not be responsible for any subsequent use, disclosure, processing, or storage of information by third parties after lawful disclosure has been made, except to the extent such liability arises directly from the Hospital’s own breach of applicable law or contractual obligations. The Patient acknowledges that certain healthcare services require collaboration with external laboratories, diagnostic centres, specialist consultants, cloud-based electronic medical record systems, digital health platforms, telemedicine service providers, and other authorized third-party service providers. The Patient expressly authorizes the Hospital to transfer relevant information to such entities to the extent reasonably necessary for providing healthcare services, maintaining medical records, improving patient care, fulfilling contractual obligations, or complying with applicable law. The Hospital shall take reasonable steps to ensure that such third parties are subject to appropriate confidentiality and data protection obligations. Nothing contained in these Terms shall prevent the Hospital from disclosing information where such disclosure is necessary to protect the life, health, safety, or vital interests of the Patient or any other person, to investigate fraud or criminal activity, to comply with judicial orders, statutory notices, governmental directions, public health requirements, professional regulatory obligations, accreditation standards, insurance investigations, or where disclosure is otherwise permitted or mandated under applicable law. The User expressly agrees that such disclosures shall not constitute a breach of confidentiality by the Hospital. The Patient further acknowledges that anonymized or de-identified clinical information, medical statistics, treatment outcomes, research findings, educational material, surgical data, imaging studies, pathology findings, and similar information from which the identity of the Patient cannot reasonably be ascertained may be used by the Hospital for medical education, scientific research, publication, quality improvement, accreditation, healthcare analytics, and other lawful purposes without identifying the Patient, subject always to applicable law and accepted ethical standards.

  1. PHOTOGRAPHY, AUDIO AND VIDEO RECORDING, CCTV SURVEILLANCE, MEDICAL EDUCATION, RESEARCH AND SOCIAL MEDIA

To promote patient safety, quality assurance, medical education, scientific research, accreditation, security, medico-legal documentation, regulatory compliance, and the efficient delivery of healthcare services, MKM Stone & Urology Hospital may, in accordance with applicable law, create, receive, store, review, or maintain photographs, digital images, radiological images, ultrasound images, endoscopic recordings, microscopic images, pathology slides, audio recordings, CCTV recordings, operation theatre recordings, procedure recordings, telemedicine recordings, and other visual or audio documentation generated during the course of healthcare services. Such records may form part of the Patient’s medical record where appropriate and may be retained for the period prescribed by applicable law or the Hospital’s record retention policy For the avoidance of doubt, the Patient, by voluntarily registering with, visiting, consulting, being admitted to, undergoing investigation, treatment, surgery, diagnostic procedures, telemedicine consultation, rehabilitation, or otherwise availing any healthcare or allied service from MKM Stone & Urology Hospital, expressly acknowledges and agrees that such voluntary act shall itself constitute the Patient’s consent for the Hospital to photograph, audio-record, video-record, or otherwise document the Patient and the healthcare services rendered, and to use, reproduce, publish, display, communicate, transmit, or distribute such recordings for medical documentation, quality assurance, medico-legal purposes, training, scientific research, academic activities, patient education, public health awareness, Hospital promotion, healthcare communication, and publication through the Hospital’s official website, social media platforms, digital media, print media, electronic media, seminars, conferences, and other communication platforms, without requiring any separate consent or further authorization, except where a separate consent is expressly required under applicable law. The Patient further agrees that no royalty, licence fee, compensation, or other monetary consideration shall be payable by the Hospital for such authorized use and irrevocably waives any claim arising solely from such use, to the fullest extent permitted by applicable law. The Patient acknowledges that CCTV surveillance may be operational in public areas, entrances, exits, reception areas, waiting areas, corridors, parking areas, billing counters, pharmacies, laboratories, emergency departments, intensive care access points, and other appropriate locations within the Hospital for the purposes of security, patient safety, crime prevention, quality assurance, incident investigation, medico-legal documentation, and protection of patients, visitors, employees, and Hospital property. CCTV cameras shall not intentionally be installed in locations where privacy is ordinarily expected, such as patient bathrooms, toilets, changing rooms, or other areas prohibited by applicable law. The Hospital may use de-identified or anonymized clinical photographs, diagnostic images, surgical recordings, endoscopic recordings, radiological studies, pathology images, laboratory findings, treatment outcomes, and similar clinical material for legitimate medical education, scientific research, academic publications, professional conferences, quality improvement programmes, internal training, accreditation activities, and public health awareness, provided that the identity of the Patient is not reasonably identifiable or where the use is otherwise permitted under applicable law. Where the Hospital proposes to use a Patient’s identifiable photograph, video recording, audio recording, testimonial, interview, or any other material that reasonably identifies the Patient for promotional, marketing, branding, fundraising, advertising, public relations, media publication, or social media purposes, the Hospital shall obtain separate, specific, informed consent from the Patient or the Patient’s legally authorized representative wherever such consent is required by applicable law. The refusal of such consent shall not affect the Patient’s right to receive medical treatment or any other healthcare service from the Hospital. Patients, attendants, visitors, contractors, vendors, media personnel, and all other persons present within the Hospital premises shall not photograph, audio-record, video-record, livestream, broadcast, or otherwise capture images or recordings of doctors, nurses, Hospital employees, other patients, operation theatres, intensive care units, emergency departments, medical records, computer systems, confidential documents, restricted areas, security systems, or Hospital infrastructure without the prior written permission of the Hospital, except where such recording is expressly permitted or protected under applicable law. The Hospital reserves the right to require cessation of any unauthorized recording and to take appropriate civil, criminal, contractual, or administrative action where warranted by law. The Hospital shall retain all intellectual property rights, copyright, database rights, and other proprietary rights in relation to Hospital-generated educational material, surgical recordings, clinical documentation, training material, publications, software, websites, digital content, photographs, graphics, videos, and other materials created by or for the Hospital, without prejudice to any legal rights that may vest in the Patient regarding his or her personal information under applicable law. Nothing contained in this clause shall be construed as authorizing the Hospital to disclose confidential patient information in violation of applicable law, professional ethics, or any mandatory confidentiality obligation. In the event of any inconsistency between this clause and any mandatory legal requirement governing patient privacy, confidentiality, medical ethics, or data protection, the applicable law shall prevail to the extent of such inconsistency.

  1. INTELLECTUAL PROPERTY RIGHTS, WEBSITE USAGE AND PROHIBITED CONDUCT

All content, materials, information, software, source code, databases, designs, layouts, logos, trade names, trademarks, service marks, domain names, photographs, illustrations, graphics, videos, audio recordings, medical literature, educational materials, blogs, articles, treatment protocols, research publications, forms, policies, consent documents, Hospital manuals, patient education material, mobile applications, digital platforms, artificial intelligence systems, chatbots, software interfaces, electronic medical record systems, and every other intellectual property appearing on or used by MKM Stone & Urology Hospital, whether registered or unregistered, shall remain the exclusive property of the Hospital or its respective licensors and shall be protected under applicable copyright, trademark, patent, design, trade secret and other intellectual property laws. The User is granted a limited, non-exclusive, non-transferable and revocable licence solely to access and use the Hospital’s website, mobile application, patient portal and digital services for lawful personal, medical and informational purposes. Nothing contained in these Terms shall be construed as transferring or assigning any ownership or proprietary rights in favour of the User. Except with the prior written permission of the Hospital, no person shall copy, reproduce, modify, adapt, translate, publish, distribute, broadcast, display, transmit, upload, download, scrape, mine, reverse engineer, decompile, create derivative works from, sell, licence, commercially exploit, or otherwise use any content, software, database, medical protocol, photograph, video, logo, trademark or other material belonging to the Hospital. Automated access through bots, crawlers, artificial intelligence training systems, data harvesting tools, spiders, scripts or similar technologies without the Hospital’s written authorization is strictly prohibited. The User shall not use the Hospital’s website, digital platforms or Hospital premises for any unlawful, fraudulent, defamatory, abusive, threatening, obscene, misleading or malicious purpose, nor shall the User upload or transmit any virus, malware, ransomware, spyware, harmful code or other material capable of disrupting or compromising the Hospital’s systems, services or data security. The User shall not attempt to gain unauthorized access to Hospital servers, databases, patient records, user accounts, restricted systems or confidential information, nor interfere with the operation, integrity or security of any Hospital network or digital infrastructure. The User further agrees not to impersonate any person, provide false identity or medical information, misuse another person’s account, interfere with medical services, misuse appointment systems, manipulate payment processes, submit forged documents, engage in fraudulent insurance claims, publish false or misleading statements concerning the Hospital or its healthcare professionals, or otherwise act in any manner that may prejudice the reputation, operations, legal rights, patient safety or security of the Hospital. The Hospital reserves the absolute right to suspend, restrict or permanently terminate access to any website, mobile application, patient portal, telemedicine platform or other digital service where it reasonably believes that these Terms have been violated, without prejudice to any other civil, criminal, contractual or equitable remedies available under applicable law. The Hospital may also preserve, monitor and disclose relevant electronic records, access logs, communication records, IP addresses, device identifiers and other digital evidence for investigation, cybersecurity, regulatory compliance or legal proceedings to the extent permitted by applicable law. Nothing contained in this clause shall limit the Hospital’s right to institute appropriate civil proceedings, criminal proceedings, arbitration or any other legal action against any person responsible for infringement of its intellectual property rights, unauthorized use of its systems, breach of confidentiality, cyber offences, fraud, defamation, or any other unlawful activity causing loss or damage to the Hospital.

  1. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY

 

MKM Stone & Urology Hospital shall provide healthcare services through duly qualified and registered healthcare professionals in accordance with applicable law, accepted medical standards and the clinical judgment of the treating healthcare professionals. However, the User expressly acknowledges that the practice of medicine is not an exact science and that diagnosis, treatment, surgery, medical procedures, rehabilitation, and recovery are subject to inherent uncertainties, biological variations, patient-specific factors, unforeseen complications and risks. Accordingly, the Hospital, its directors, shareholders, trustees, partners, consultants, doctors, surgeons, anaesthetists, nurses, employees, visiting consultants, trainees, agents, contractors and affiliated service providers do not guarantee any particular diagnosis, prognosis, therapeutic outcome, cure, recovery period, cosmetic result, success rate, life expectancy or freedom from complications. The Hospital’s website, mobile applications, patient portals, telemedicine platforms, educational materials, blogs, newsletters, videos, health calculators, artificial intelligence-assisted tools, chatbot services, and all other digital content are provided on an “as is” and “as available” basis solely for general healthcare information and administrative convenience. Such content shall not constitute medical advice, legal advice, financial advice, or a substitute for direct examination, diagnosis or treatment by a qualified healthcare professional. The User shall exercise independent judgment and seek appropriate medical attention whenever clinically required. To the fullest extent permitted by applicable law, the Hospital shall not be liable for any indirect, incidental, consequential, exemplary, punitive or special damages, including but not limited to loss of income, loss of business, loss of opportunity, loss of profits, emotional distress, reputational harm, loss of data or any other consequential loss arising out of or in connection with the use of the Hospital’s services, website, mobile applications, telemedicine platforms, digital health services or any reliance placed upon information provided by the Hospital, except where such liability cannot lawfully be excluded. The Hospital shall not be responsible for delays, interruptions, cancellation of appointments, postponement of surgeries, equipment failure, power outages, internet failures, cyber incidents, communication failures, shortage of medicines, shortage of blood products, natural disasters, epidemics, pandemics, strikes, governmental actions, judicial orders, civil disturbances, acts of God, force majeure events, or any other event beyond the reasonable control of the Hospital. The User agrees to indemnify, defend and keep indemnified MKM Stone & Urology Hospital, its directors, shareholders, trustees, partners, doctors, consultants, employees, contractors, agents and representatives against any and all claims, actions, proceedings, liabilities, losses, damages, penalties, costs and expenses, including reasonable legal fees, arising directly or indirectly from (i) any breach of these Terms; (ii) false, inaccurate or misleading information provided by the User; (iii) misuse of the Hospital’s services or facilities; (iv) violation of applicable law by the User; (v) infringement of any third-party rights by the User; (vi) fraudulent insurance claims or forged documentation submitted by or on behalf of the User; or (vii) any negligent, unlawful or wilful act or omission of the User or any person acting on the User’s behalf. Nothing contained in these Terms shall exclude or restrict any liability that cannot legally be excluded under applicable law, including any mandatory obligations imposed upon healthcare providers by statute, judicial precedent or professional regulatory authorities. Where any provision of this clause is held to be invalid or unenforceable by a competent court or tribunal, the remaining provisions shall continue to remain in full force and effect to the maximum extent permitted by law.

  1. GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION AND JURISDICTION

These Terms of Use, the Privacy Policy, Consent Forms, Admission Forms, Billing Policies, Refund Policies, Telemedicine Policies, and every healthcare service, transaction, communication, electronic record, or legal relationship between the Patient, User, attendant, guardian, insurer, Third Party Administrator (TPA), corporate client, vendor, or any other person and MKM Stone & Urology Hospital shall be governed by and construed exclusively in accordance with the laws of the Republic of India. The Parties shall endeavour to resolve any dispute, controversy, claim, disagreement, complaint, demand, or cause of action arising out of or relating to these Terms, the Hospital’s services, medical treatment, billing, insurance claims, electronic records, digital services, contracts, or any other matter connected with the Hospital through good faith discussions and amicable negotiations. The Hospital may establish an internal grievance redressal mechanism, and the User shall, as far as reasonably practicable, first submit the grievance before invoking formal legal proceedings. If the dispute is not resolved amicably within thirty (30) days from the date of receipt of a written notice by the other Party, the dispute may, to the extent legally arbitrable, be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitral tribunal shall ordinarily consist of a Sole Arbitrator appointed by MKM Stone & Urology Hospital. However, where applicable law or a court of competent jurisdiction requires a different method of appointment, the appointment shall be made in accordance with such law or order. The seat and venue of arbitration shall be Bhopal, Madhya Pradesh, India, unless otherwise agreed in writing by the Parties or directed by a court of competent jurisdiction. The arbitration proceedings shall be conducted in the English language, provided that documentary evidence or witness statements in Hindi may be produced where appropriate. The arbitral award shall be final and binding upon the Parties, subject only to such remedies as are available under applicable la Nothing contained in this clause shall prevent the Hospital from approaching any competent court or statutory authority for interim, protective, injunctive, conservatory, or equitable relief, including orders for protection of confidential information, intellectual property, recovery of outstanding dues, prevention of unauthorized use of Hospital property or digital systems, preservation of evidence, or any other urgent relief available under applicable law. To the extent permitted by law, the courts and tribunals having territorial jurisdiction over Bhopal, Madhya Pradesh, shall have exclusive jurisdiction in respect of all matters that are not legally capable of being referred to arbitration or where exclusive jurisdiction cannot be excluded by agreement. This clause shall not restrict the jurisdiction of any consumer forum, statutory authority, medical regulatory authority, or any court whose jurisdiction cannot lawfully be excluded. The User further agrees that, in any legal proceedings arising from the User’s breach of these Terms or failure to discharge financial obligations, the Hospital shall be entitled to seek recovery of all lawful outstanding amounts together with applicable interest, court fees, arbitration costs, advocate’s fees, litigation expenses, and other costs as may be awarded by the competent court, tribunal, or arbitral tribunal in accordance with applicable law. If any provision of this clause is held to be invalid, illegal, or unenforceable, such provision shall be severed only to the extent of such invalidity, and the remaining provisions shall continue in full force and effect. The rights and remedies provided under these Terms shall be cumulative and shall be in addition to, and not in substitution of, any rights or remedies available to the Hospital under statute, common law, equity, or contract.

  1. MISCELLANEOUS PROVISIONS

 

These Terms of Use, together with the Privacy Policy, Consent Forms, Admission Forms, Billing Policy, Refund Policy, Telemedicine Policy, Patient Rights and Responsibilities, Website Disclaimer, Cookie Policy, and all other policies, rules, guidelines, declarations, notices, schedules, consent documents, tariffs, and standard operating procedures published or adopted by MKM Stone & Urology Hospital from time to time, constitute the entire agreement between the Hospital and the User with respect to the subject matter hereof and supersede all prior oral or written understandings relating thereto. The Hospital reserves the absolute right to amend, modify, update, revise, replace, suspend or withdraw these Terms or any related policy, in whole or in part, at any time and without prior notice, to the extent permitted by applicable law. Any such amendment shall become effective upon publication on the Hospital’s website or through any other mode of communication determined by the Hospital, and the User’s continued access to or use of the Hospital’s services thereafter shall constitute acceptance of the revised Terms. If any provision of these Terms is held by any competent court, tribunal or authority to be illegal, invalid or unenforceable, such provision shall be deemed severable only to the extent of such illegality, invalidity or unenforceability, and the remaining provisions shall continue in full force and effect. No failure, delay or omission by the Hospital in exercising any right, remedy or power under these Terms or under applicable law shall constitute a waiver of such right, remedy or power, nor shall any partial exercise of any right preclude any subsequent or further exercise thereof. Any waiver by the Hospital shall be valid only if made expressly in writing by an authorized representative of the Hospital. The Hospital may assign, transfer, delegate, novate or otherwise deal with its rights, obligations or interests under these Terms to any parent entity, subsidiary, affiliate, successor, assignee, purchaser of business, merger entity or any person permitted by law without obtaining further consent from the User. The User shall not assign, transfer or delegate any rights or obligations under these Terms without the prior written consent of the Hospital. All notices, communications, prescriptions, invoices, reports, reminders, legal notices, consent confirmations, appointment information and other communications may be issued by the Hospital in physical or electronic form, including through email, SMS, WhatsApp, mobile application notifications, patient portals or any other lawful electronic communication system. Electronic communications, electronic records, digital signatures, OTP verifications, audit logs, metadata and computer-generated records maintained by the Hospital shall, to the extent permitted by applicable law, be admissible and relied upon as evidence in legal, regulatory, administrative or arbitral proceedings. The rights and obligations relating to payment of outstanding dues, confidentiality, privacy, intellectual property, indemnity, limitation of liability, dispute resolution, arbitration, jurisdiction, medical records, record retention, electronic evidence, recovery of dues and any other provisions which by their nature are intended to survive shall continue to remain valid and enforceable notwithstanding completion of treatment, discharge, termination of services, closure of the Patient’s account or termination of these Terms. Headings and titles are inserted solely for convenience of reference and shall not affect the interpretation of these Terms. Words importing the singular shall include the plural and vice versa, words importing one gender shall include all genders, and references to statutes shall include any amendments, reenactments or replacement legislation. These Terms shall be interpreted in a manner that gives maximum legal effect to each provision while remaining consistent with applicable law. Where any conflict arises between these Terms and any mandatory statutory provision, the mandatory statutory provision shall prevail only to the extent of such conflict, and the remaining provisions shall continue to operate with full legal force and effect. The User acknowledges having read, understood and voluntarily accepted these Terms of Use and agrees to be legally bound by them upon accessing the Hospital’s website, registering with the Hospital, availing any online or offline healthcare service, making any payment, signing any Hospital document, providing electronic acceptance, or otherwise interacting with MKM Stone & Urology Hospital.