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The present telemedicine services of Child Develop ment Clinic are being offered under unexceptional circumstances.
As you are aware, Coronavirus (COVID - 19) has been declared as a Pandemic by the World Health Organization. The Government of India has come up with an unprecedented lockdown all over the country.
In the light of the national lockdown, Child Development Clinic is offering online telemedicine services to its various patients.
The said telemedicine services would be available to all the existing or potential patients/patrons of Child Development Clinic. However, before accessing the said services online of Child Development Centre, it is imperative that the concerned father/mother / natural guardian of the patient needs to download the Acceptance Declaration from the website of Child Development Clinic and take printout of the same.
The said form is requested to be duly filled with all the details. The said Acceptance cum Declaration has to be duly scanned through a mobile phone and then sent to the Email ID email@example.com and send on WhatsApp at Number: 9555276476.
By sending the said form, the patient and/his father/mother/natural guardian have accepted unconditionally, absolutely and without any restrictions of any kind whatsoever, the entire terms and conditions of telemedicine services of Child Development Clinic. Child Development Clinic , by providing the said services, is an online service provider and hence constitutes an intermediary under Section 2(1)(w) of the Information Technology Act, 2000. Child Development Clinic, as an intermediary under Section 2(1)(w) of the Information Technology Act, 2000, has exercised all due diligence while discharging its own obligations under the Act.
Further, Child Development Clinic as an intermediary and network service provider is covered under the ambit of the judgment of the Hon’ble Supreme Court of India in the case entitled “Shreya Singhal v/s Union of India” wherein the Hon’ble Supreme Court of India has held the exemption of legal liability of intermediaries, once they comply with the terms of the Section 79 of the Information Technology Act, 2000 and also rules and regulations made thereunder and other applicable compliances.
Telemedicine services are being provided by Child Development Clinic on the basis of the data provided on telemedicine related electronic platforms, using computers, computer systems, computer networks, computer resources and communication devices as also data and information in the electronic form.
Kindly note that the said telemedicine diagnosis is only a suggested diagnosis , based on the data inputs provided by the patient and/or his/her father/mother/natural guardian and is a mere appreciati on of the presented facts. It needs to be noted that invariably, the diagnosis depends upon accurate, complete and exhaustive facts which are presented to the doctor for his /her complete examination and analysis. Large number of patients and also their families do not provide the complete data, information and other relevant facts that are accompanying, connected or associated with the medical condition of the children with special needs including the specific behavioral patterns, the relevant habits, reaction, approaches, perspectives and responses to various circumstances. As such, in the absence of giving of complete exhaustive information pertaining to the said children of special needs as also their approaches, perspectives, reactions and symptoms, the telemedicine diagnosis that is arrived is neither complete nor comprehensive.
That the patients and their families acknowledge the fact that the present telemedicine diagnosis that is given by Child Development Clinic is only based upon the inputs that has been provided by the said patients as also their families on electronic platforms/channels of communication to the Child Development Clinic and that the said telemedicine diagnosis is neither complete nor comprehensive. This is so because the complete facts, figures and inputs and also data pertaining to the medical condition, habits, behavior and reactions of the child under reference are not completely given.
Kindly note that the online telemedicine services of Child Development Clinic are only in the form of mere advisories to encourage patients to follow some broad parameters in order to keep the patients physically, mentally and in broad good health and wellbeing.
The online services are not strict medical services but are being provided as matter of abundant precaution taking into account the holistic interests of the patient.
In case, you are impacted by the lockdown orders given by the Government during the coronavirus times and you feel that it is not possible to visit any of the clinics of Child Development Centre, it is advisable that in these exceptional times, you may take benefit of the various online telemedicine services and advisories services being provided by Child Development Centre.
Patients are requested to kindly continue with the prescribed treatment as per the prescription of the doctors and professionals of the Child Development Clinic. The various online telemedicine services and other guidance provided by Ch ild Development Clinic in these coronavirus times, are only in the form of supplemental activities and guidance, which are supplemental to the main prescription provided to the patients of Child Development Clinic as value add - on services.
Patients are further requested to comply in full letter and spirit to the prescription provided by Child Development Clinic and various stipulations and guidance given thereunder.
The patients are advised to personally visit the nearby Child Development Clinic for an in - person consultation. The patients are further advised to undergo appropriate tests and therapies, which are so suggested by medical experts in order to fully investigate and probe further into the directions/trends of the telemedicine diagnosis.
Kindly note that Child Development Clinic, its doctors and other professionals are only providing the present telemedicine diagnosis on the basis of available information and are not liable in any manner whatsoever for the same. The present telemedicine diagnosis is only medical advisory, based upon the objective analysis of the incomplete facts and inputs given to the doctors.
Patients/their families agree that the telemedicine diagnosis is being given to them on their own specific request and based on the information so provided by the said patient/families of children of special needs.
Neither Child Development Clinic nor any of its doctors/consultants can stand guarantee to the authenticity, accuracy, genuineness or completeness or comprehensive of the said telemedicine diagnosis information and as such cannot stand guarantee to the contents of the diagnosis contained therein. Patients and their parents/families declare and undertake that neither Child Development Clinic nor any of its doctors/consultants shall be liable for giving of the present report or for authenticity, accuracy, genuineness or completeness of the said telemedicine diagnosis.
Pa tients are encouraged to take the telemedicine diagnosis only as an indication of the broad conditions and the symptoms shown by the patie nts/children of special needs. Patients are further advised to go for comprehensive tests/ therapies and treatments for the complete medical and other examination of the patient/children of special needs Parents /families of patients are encouraged to also prepare detailed documented facts about the patients in order to conduct the aforesaid other tests, as may be prescribed. Patients and/or their parents and families undertake not to sue Child Development Clinic / any of its doctors, psycho logist, counselors or therapists for any medical advisories or other related telemedicine services provided by them. The telemedicine diagnosis and intervention are only given on the basis of professional judgement, care and due diligence duly exercised by Child Development Clinic on the basis of the limited information provided to the clinic, on various telemedicine platforms and channels of electronic communication, by the patient/their families of children with special needs.
Child Development Clinic disclaims any liability for any such online telemedicine services offered by it during coronavirus times. In these exceptional and hard times, the present telemedicine services are being offered so as to give patients and their family members appropriate guidance that they should move forward, with training their patients while being in the state of national lockdown. As and when the Central Government directs the removal of the national lockdown, please feel free to immediately visit the nearest clinic of Child Development Clinic in order to take benefits of the physical in - person consultancy and the medical advice provided by the highly qualified team of doctors and professionals of Child Development Clinic.
It is hereby specifically declare that Child Development Clinic shall not be liable for any legal consequences, both civil and criminal or otherwise for its act of providing online telemedicine services, as Child Development Clinic is only providing the same in its capacity as an intermediary and network service provider under Section 2(1)(w) of the Information Technology Act, 2000.
Child Development Clinic is further entitled to statutory exemption from legal liability given the statutory exemption provided under Section 79 of the Information Technology Act, 2000 and as has been upheld by the Hon’ble Supreme Court of India in the case of Shreya Singhal v/s Union of India.
Child Development Clinic declares that it is providing the said services as part of greater humanitarian good and to serve the society, in exercise of its obligations towards fighting COVID - 19 and the said telemedicine services/guidance/advisories are only being offered as mere value added services to the existing and potential patients of Child Development Clinic.