Evolko is a cloud based Healthcare solutions company with a software app, that provides clinical format for documenting clinical data (Triage), a few standard disease management protocols, update and maintains the treatment records for the lifetime of the patient, help doctors/hospital/labs to monitor their patients through a mobile phone app (hereinafter referred to as “Evolko HealthRadar”) and also provides real time clinical analytics to both Doctor and Patient.
Evolko patient app is intended to provide the patient, digital documentation of their clinical history, treatment and prescriptions, help their doctor make diagnosis with better accuracy, give detailed treatment plans, monitor their symptoms when they are at home and help prevent complications by providing real time preventive and timely care, using the latest mobile technology. This app is intended, to help doctors deliver better clinical outcomes to their patients.
Evolko shall provide its clinical software “Evolko HealthRadar” which allows interaction and monitoring between doctors and patients. Availability of Internet is a must to communicate with the doctor, but not necessary for documenting self assessment data.
Evolko patient app is only a means of digitally recording Doctors findings, prescriptions and recordings of communication details between the doctor and patient and providing automated Lab reports (only where Evolko is integrated with the Diagnostic labs). Evolko will not be responsible for doctors reports, findings and prescriptions sent by the Doctors/Hospitals. Evolko will not be responsible for the reports and results sent after laboratory tests done by Doctors/Hospitals/Labs.
Evolko HealthRadar monitoring service is intended to provide real time remote communication between the doctors and patients. The Evolko app asks relevant clinical questions to the patient, as chosen by the doctor for the condition being monitored. The data entered by the patient can be viewed only by the doctor and immediately, as long as internet connectivity is available. Though the intention of the HealthRadar monitoring service is to connect patients with doctors 24/7, to monitor clinical symptoms and provide preventive care before complications arise, you understand that doctors may be busy seeing other patients, or handling emergency cases or in surgery and may not be able to respond to the remote patient requests or monitor clinical data at all times, inspite of the service being a paid one. You agree that, though there is life saving benefits by using this application, you are also aware of the limitations of clinical assessments by remote consultations done by doctors/hospitals/Labs .You therefore agree to indemnify and not hold the doctor responsible for not communicating with you immediately or may overlook an early symptom of impending complication. Further, in the case of any emergency or if immediate medical help/treatment is required, Doctors and/or Hospitals should be contacted directly and not through any of Evolko’s App or Services.
You agree to indemnify Evolko, the treating doctor or the diagnostic lab of any potential data security risks associated with the consultation taking place via the internet.
Evolko takes no responsibility for diagnosis or treatment protocols / treatment outcomes / complications of the patient.
You agree to access and use this App and such other external link/s provided herein at your own risk. Evolko, its affiliates or service providers shall not be responsible or liable in any manner whatsoever, for any direct, indirect, incidental, consequential or punitive, exemplary, speculative damages arising out of any access, use or inability to use this app or such other external link/s provided herein, including but not limited to any errors or omissions in the content thereof, loss of data, business interruption, revenue, profits, property, attack by viruses, failure to provide app services and the like. Neither Evolko nor any party involved in creation, production or delivery of this App or whose materials or information/data appear in this App shall be liable for any damages, including without limitation to, any failure of performance, error, omission, interruption, defect thereof.
With the usage of Evolko's HealthRADAR service, Evolko, its affiliates or service providers shall not be responsible or liable in any manner whatsoever for non-delivery of messages between Doctors/Hospitals and Patients and vice-versa. The delivery of messages depends on several factors including but not limited to availability of internet on the phone, the reliability of the handset speed of your data plan, connectivity near your area. Evolko does not guarantee the delivery of the message, though its systems are designed to reliably deliver the messages to the intended user.
Any material downloaded or otherwise obtained through the use of Evolko services shall be done at your own discretion and risk and that you will be solely responsible for any damage to your mobile, computer system or any other device for loss of data that results from the downloaded of any such material/information.
Evolko disclaims all or any liabilities, whatsoever arising directly or indirectly to anybody as a result of use of Evolko platform, program and its content.
Under no circumstances shall Evolko be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the mobile application, website or any user content posted on or through the mobile application or website or transmitted to users, or any interaction between users of the mobile application or website, whether online or offline with the doctor.
The patient agrees to indemnify, defend and hold harmless doctors/Hospitals/Diagnostic Labs and its management from and against any and all losses, damages, claims, liabilities, expenses and costs, including, regulatory penalties, fines, attorneys’ fees and costs incurred by you in connection with any claim arising out of the use of the App or any breach of the terms and conditions and/or from your lack of adherence with the advice, consultation or recommendation(s) of doctors/hospitals.
The patient shall provide correct and complete information pertaining to their health to the doctors, Hospitals and Diagnostic Labs. If any information provided by the patient is found to be incorrect, misleading, or concealing, the doctors , Hospitals and Labs shall not be held responsible for any adverse consequence from or during the treatment.
Evolko and/or doctors, Hospitals and Labs do not accept any liability for death, injury or any form of loss or damage incurred as a result of any use of or reliance on any prescription, consultation, information and/or service provided through Evolko App or services and/or the concerned doctors, Hospitals and Labs, including but not limited to direct, indirect, incidental or consequential loss or damages to the patient or its caregiver.
The patient agrees to indemnify, defend and hold harmless the Doctors/Hospitals and Diagnostic Labs from and against any and all losses, damages, claims, liabilities, expenses and costs, including, regulatory penalties, fines, attorneys’ fees and costs incurred by you in connection with any claim arising out of the use of the App or any breach of the terms and conditions and/or from your lack of adherence with the advice, consultation or recommendation(s) of doctors/hospitals.
The patient shall provide correct and complete information pertaining to their health to the doctors, Hospitals and Labs, upon the basis of which the treatment with the doctors and/ or Labs will depend. If any information provided by the patient is found to be incorrect, misleading, or concealing, the doctors, Hospitals and Labs shall not be held responsible for any adverse consequence from or during the treatment.
The Patient may sometimes give the mobile number of their relative / caregiver or their relative / caregiver may give their own number to the Diagnostic labs / doctors / hospitals. Since all the data will be mapped to the mobile number of the patient given to the Diagnostic labs / doctors / hospitals, the owner of the given mobile number will have access to view all your data including prescription and treatment going on. It is the sole responsibility of the patient to permit, or of the owner of the mobile number to take of the patient’s consent for permitting, the Diagnostic labs / doctors / hospitals to send / push data to the mobile number registered at the above prescribed centres. Evolko, Diagnostic labs, doctors / hospitals will not in any way be held responsible for breach of privacy and for any loss whatsoever incurred by the patient.
All patient data will be mapped to registered mobile number of the patient. In case the patient changes their mobile number, it is the responsibility of the patient to immediately notify Evolko by way of email and providing documentary proof of the changes, so that Evolko can map all the old data to the new mobile number. In this case no personal data of the patient can be viewed by the old mobile number owner. If not, all old data will be visible to the new mobile number owner.
Evolko has implemented best market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the Patient’s electronic devices through which the patient avails the Services, Evolko shall not be held liable for any loss whatsoever incurred by the patient.
Further, Evolko shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Evolko including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
CONFIDENTIAL INFORMATION :
Evolko and Doctors shall take all necessary precaution with respect to the privacy of the patients data and information and agree to protect and maintain the privacy and security of personally identifiable information/data shared by the patient during counselling and consultation and will not release any personal information without the consent of the person involved except as mentioned below
Evolko is Health Insurance Portability and Accountability Act (HIPAA) compliant and adheres to the standards set by the HIPAA act with respect to the privacy and security of personally identifiable information/data shared by the patient during counselling, consultation, admission and treatment. Evolko is only the custodian of the data and information shared by the hospitals, doctors and patients, with the patient being the owner of his/her data.
Evolko and Doctors shall take all necessary precaution with respect to the privacy of the patients data and information and agrees to protect and maintain the privacy and security of personally identifiable information/data shared by the patient during counselling and consultation and considers as confidential, all patient identifiable information disclosed by the patients, doctors and hospitals. Evolko agrees not to share any such personally identifiable information with any other organization or individual without the consent of the person involved except as mentioned below in point (A) .
The obligations above shall not extend to any confidential information for which the receiving party can prove that this information:
is in the public domain at the time of disclosure or comes within the public domain without fault of the receiving party.
is already known or become known to the receiving party.
is received from a third party having no obligations of confidentiality to the disclosing party.
is independently developed by the receiving party; or
is required to be disclosed by law or court order.
PAYMENT :
“Evolko HealthRadar”app can be downloaded from Google playstore free of cost, but some services would be chargeable, like Triaging and HealthRadar monitoring etc.. The fee would be charged by the doctor, depending on the specialty of the treating doctor, severity of disease and the duration of the monitoring and consultation. Certain features provided in “Evolko Healthradar” would be activated only after full payment is done by the patient. Evolko reserves the right to disconnect the services after the duration of the paid monitoring term is completed.
COPYRIGHT INFRINGEMENT :
Use of the material for any other purpose constitutes infringement of the copyright and intellectual property rights owned by the specific owners for the app. By using any of this material, you assume all risks of copyright infringement and related liability. This app and its content may not be reproduced or used for unauthorized purposes without prior written permission, which may be obtained by submitting a written request to Evolko.
Note this mobile app may contain copyrighted work created under contract with government agencies, foundations, funding organizations and commercial companies, etc. If the app owners place further restrictions on the material, you must honor those restrictions regardless of whether such restrictions are described in this mobile app.