TERMS AND CONDITIONS FOR MEDICAL PRACTITIONERS
Medgator Healthcare (‘Medgator’) under the brand Daydoc is the author and publisher for an interactive platform called Daydoc (‘Daydoc’), which is a mobile application and an internet resource site. Medgator owns and operates the Listing and Access services through their Daydoc App which helps connect medical practitioners, medical service providers, laboratory, pharmaceutical and diagnostic procedures with customers who are users of the App .
- NATURE AND APPLICABILITY OF TERMS
- The Agreement applies to you professionally in your capacity as a medical practitioner (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on Daydoc, including designated, authorized associates of such practitioners or institutions (‘Practitioner(s)’);
- This Agreement applies to those services made available by Medgator on Daydoc platform, which are offered free of charge to the Users, including the following:
- For Practitioners: Listing of Practitioners and their profiles, to be made available to the other Users and visitors to Daydoc;
- For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available on Daydoc, and (iii) to make appointments with Practitioners.
- The Services may change from time to time, at the sole discretion of Medgator, and the Agreement will apply to your visit to and your use of Daydoc platform to avail the Listing and Access Service, as well as to all information provided by you on Daydoc at any given point in time.
- This Agreement defines the terms and conditions under which you are allowed to use Daydoc platform and describes the manner in which we shall treat your account while you are registered as a member with us.
- We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of Daydoc following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to[a][b]:
- The Indian Contract Act, 1872,
- The (Indian) Information Technology Act, 2000, and
- The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the ‘SPI Rules’), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the ‘IG Rules’).
- CONDITIONS OF USE
For eligibility to be listed in the Daydoc App and for Access to the App and Users ,you must be a qualified Medical Practitioner having a qualification recognized by Medical Council of India and registered with Medical Council of India/State Medical Council (s) is allowed to practice Modern system of Medicine or Surgery.
- END-USER ACCOUNT AND DATA PRIVACY
- The terms “personal information” and “sensitive personal data or information” are as defined under the SPI Rules.
- Medgator may by its Services, collect information relating to the devices through which you access Daydoc and data of your usage of the Daydoc App. The collected information will be used only for improving the quality of Daydoc’s services and to build new services.
- Medgator allows Daydoc to have access to the medical Practitioner’s personal email or phone number for communication purpose so as to facilitate for you a better way of booking appointments and for obtaining feedback in relation to the usage and services rendered.
- The fact that certain information is being collected;
- The purpose for which the information is being collected;
- The intended recipients of the information;
- The nature of collection and retention of the information; and
- The name and address of the agency that is collecting the information and the agency that will retain the information; and
- The various rights available to such Users in respect of such information.
- Medgator shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the Users of Daydoc or to any other person acting on behalf of Daydoc.
- The Medical Practitioner User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on Daydoc. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Medgator of any actual or suspected unauthorized use of the User’s account or password. Although Medgator will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Medgatoror such other parties as the case may be, due to any unauthorized use of your account.
- If Medical Practitioner User provides any information that is untrue, inaccurate, not current or incomplete (or becomes), or Medgator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Medgator has the right to discontinue the Services of the Medical Practitioner User at its sole discretion.
- Medgatormay use such information collected from the Medical Practitioner Users from time to time for the purposes of debugging customer support related issues.
- RELEVANCE ALGORITHM
Daydoc’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its platform. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Medgator. Medgator in cannot be held accountable or liable for any change in the relevance of the Practitioners on search results, which may take place from time to time and for the accuracy and the relevancy of the listing order of the Practitioners. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm.
- LISTING CONTENT AND DISSEMINATING INFORMATION
- Medgator is the sole and exclusive owner of the Daydoc Platform, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Platforms and any related materials and documentation. No title or ownership of the Platforms or any portion thereof is transferred to you hereunder. Medgator reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Platforms.
- Medgator collects, directly or indirectly, and displays on Daydoc, relevant information regarding the profile and practice of the Practitioners listed on Daydoc, such as their specialization, qualification, fees, location, visiting hours, and similar details. Medgator takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Medgator screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by Medgator or other service providers of Daydoc are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Medgator does not provide or make any representation, warranty or guarantee, express or implied about Daydoc or the Services. Medgator does not guarantee the accuracy or completeness of any content or information provided by Users on Daydoc. To the fullest extent permitted by law, Medgator disclaims all liability arising out of the Medical Practitioner User’s use or reliance upon Daydoc, the Services, representations and warranties made by other Users, the content or information provided by the Users on Daydoc, or any opinion or suggestion given or expressed by Medgatoror any User in relation to any User or services provided by such User.
- Daydoc may be linked to the websites of third parties, affiliates and business partners. Medgator has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websitesor made available by/through our Daydoc. Inclusion of any link on Daydoc does not imply that Medgator endorses the linked site.
- Medgator assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect a medical practitioner User’s equipment on account of User’s access to, use of, or browsing Daydoc or the downloading of any material, data, text, images, video content, or audio content from Daydoc. If a Medical practitioner is dissatisfied with Daydoc, User’s sole remedy is to discontinue using Daydoc.
- If Medgator determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Medgator reserves the right to immediately suspend your access to Daydoc or any of your accounts with Medgator and makes such declaration on Daydoc alongside your name as determined by Medgator for the protection of its business and in the interests of Users. You shall be liable to indemnify Medgator for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Medgator or its Users.
- BOOK APPOINTMENT AND CALL FACILITY
- Medgator enables Users to connect with Medical Practitioners through two methods:
- Book facility that allows Users book an appointment through Daydoc;
- Emergency call services which allowsUsers to book an emergency appointment, through the IVR Telemedicine facility.
- Medgator will ensure Users are provided by Medical Practitioners with a confirmed appointment on the Book facility. However, Medgator has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Consent for appointments is solely at the discretion of the Medical Practitioner.
- The results of any search Users perform on Daydoc for Practitioners should not be construed as an endorsement by Medgator of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
- Without prejudice to the generality of the above, Medgator is not involved in providing any healthcare or medical advice or diagnosis and hence it is not responsible for any interactions between User and the Practitioner.Medgator merely provides a connectivity service between Daydoc Customers and Medical Practitioner. User understands and agrees that Medgator will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given/ prescribed by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
- any misconduct or inappropriate behavior by the end user or any other user;
- cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.
- Users are allowed to provide feedback about their experiences with the Medical Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. Users will not be entitled for any refunds in cases where they have advanced payments for consultations and where the Practitioner is unable to meet the User at the scheduled time.
- RELATIONSHIP BETWEEN THE PARTIES
- Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on Daydoc platform (including information provided in direct response to questions or postings of Daydoc users) may be provided by you as Medical Practitioners. The provision of such Information does not create a licensed medical professional/patient relationship, between Medgator and the Daydoc users. Neither would such opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist the Daydoc customers /users with locating appropriate medical care from a qualified practitioner.
- It is hereby expressly clarified that, the Information that you obtain or receive from Medgator, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on Daydoc is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on Daydoc. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
- The Services are not intended to be a substitute for getting in touch with emergency healthcare. End-User should be advised when facing a medical emergency to contact an ambulance service or hospital directly.
- CONDITIONS OF ACCESS
- The contents listed on Daydoc are (i) User generated content, or (ii) belong to Medgator. The information that is collected by Medgator directly or indirectly from the End- Users and the Practitioners shall belong to Medgator. Copying of the copyrighted content published by Medgator on Daydoc for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Medgator reserves its rights under applicable law accordingly.
- Medgator authorizes the Medical Practitioner User to view and access the content available on or from Daydoc solely for the specific purpose of performing their contractual duties in accordance with their respective Listing Agreement and User Agreement. The contents of the platform including, but not limited to, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on Daydoc (collectively, ‘Medgator Content’), are the property of Medgator and are protected under copyright, trademark and other laws. User shall not modify the Medgator Content or reproduce, display, publicly perform, distribute, or otherwise use the Medgator Content in any way for any public or commercial purpose or for personal gain.
- Medical Practitioner Users shall not access the Services for purposes of monitoring their availability, performance or functionality of any other medical practitioner or service provider, or for any other benchmarking or competitive purposes.
- REVIEWS AND FEEDBACK
- You are solely responsible for the content that you choose to submit for publication on Daydoc, the role of Medgator in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Medgator disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Medgator shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
- Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on Daydoc that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. You agree that Medgator may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Daydoc or Medgator’ s services; and/or
- Obtaining feedback in relation to any Practitioners listed on Daydoc; and/or
- Resolving any complaints, information, or queries by Daydoc Customers regarding your Critical Content;and you agree to provide your fullest co-operation further to such communication by Medgator.
- LISTING POLICY
- Medgator, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Medgator reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on Daydoc in connection with you and your profile is found to be incorrect, you are required to inform Medgator immediately to enable Medgator to make the necessary amendments.
- Medgator shall not be liable and responsible for the ranking of the Practitioners on external applications and search engines.
- Medgator reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on Daydoc. However, Medgator shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to Daydoc.
- Practitioners explicitly agree that Medgator reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.
- You as a Medical Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Medgator accepts no liability for the same.
- PROFILE OWNERSHIP AND EDITING RIGHTS
Medgator ensures easy access to the Medical Practitioners by providing a tool to update your profile information. Medgator reserves the right of ownership of all theMedical Practitioner’s profile and photographs and to moderate the changes or updates as requested by such Practitioners. However, Medgator takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates.
You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you on the Daydoc platform as part of your profile or otherwise while using Medgator’ s services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Medgator may modify or delete parts of your profile information at its sole discretion with or without notice to you.
- REVIEWS AND FEEDBACK
- It is understood that All Critical Content is content created by the Users of the Daydoc platform and the customers and Practitioners, including the End-Users.
- Medgator reserves the right to collect feedback and Critical Content for all the Practitioners, laboratories, Radiologist, Pharmacy service providers, listed on Daydoc.
- Medgator shall pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, as required by applicable law.
- You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Medgator shall not be liable for any effect on the Medical Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Medgator however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
- Medgator will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for Daydoc shall be applicable mutatis mutandis in relation to Critical Content posted on Daydoc.
- If Medgator determines that you have provided inaccurate information or enabled fraudulent feedback, Medgator reserves the right to immediately suspend any of your accounts with Medgator and makes such declaration on Daydoc alongside your name/ as determined by Medgator for the protection of its business and in the interests of Users.
- RELEVANCE ALGORITHM
Medgator has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is hereby understood that the Relevance Algorithm is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Medgator shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
- INDEPENDENT SERVICES
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Medgator.
- MEDGATOR REACH RIGHTS
Medgator reserves the rights to display sponsored ads on Daydoc. These ads would be marked as ‘Sponsored ads’. Without prejudice to the status of other content, Medgator will not be liable for the accuracy of information or the claims made in the Sponsored ads. Medgator does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Medgator will not be liable for the services of the providers of the Sponsored ads.
You represent and warrant that you will use these Services in accordance with the terms and conditions set out herein and the applicable law. Any contravention of the terms and conditions of usage or the applicable law as a result of your use of these Services is your sole responsibility, and Medgator accepts no liability for the same.
- MEDICAL PRACTITIONER UNDERTAKING
The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
- RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- As mandated by Regulation 3(2) of the IG Rules, Medgator hereby informs Medical Practitioner Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Medical Practitioner Users are also prohibited from:
- violating or attempting to violate the integrity or security of Daydoc or any Medgator Content;
- transmitting any information (including job posts, messages and hyperlinks) on or through Daydoc that is disruptive or competitive to the provision of Services by Medgator;
- intentionally submitting on Daydoc any incomplete, false or inaccurate information;
- making any unsolicited communications to other Users;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search Daydoc;
- attempting to decipher, decompile, disassemble or reverse engineer any part of Daydoc;
- copying or duplicating in any manner any of the Medgator Content or other information available from Daydoc;
- framing or hot linking or deep linking any Medgator Content.
- circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
- Medgator, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of the abovementioned Clauses. Medgator shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- Medgator may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer in accordance with the SPI Rules.
- Medgator respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
- RIGHT TO SUSPEND AND TERMINATION
- Medgator reserves the right to suspend or terminate a Medical Practitioner’sUser’s access to Daydoc and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third-party reports violation of any of its right as a result of your use of the Services;
- Medgator is unable to verify or authenticate any information provide to Medgator by a User;
- Medgator has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Medgator believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Medgator or are contrary to the interests of Daydoc.
- Medgator reserves the right to suspend or terminate a Medical Practitioner User’s Listing and access to Daydoc’ s Services with 30 days’ notice.
- Once temporarily suspended, indefinitely suspended or terminated, the Medical Practitioner User shall not continue to use Daydoc under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on Daydoc by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
- LIMITATION OF LIABILITY
- In no event, shall Medgator, or any of its partners , officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related, but not limited to, the use of, or the inability to use, Daydoc or the content, materials and functions related thereto, the Services, User’s provision of information via Daydoc, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
- provision of or failure to provide all or any service by Medical Practitioners to End- Users contacted or managed through Daydoc;
- any content posted, transmitted, exchanged or received by or on behalf of any Medical Practitioner User or other person on or through Daydoc;
- any unauthorized access to or alteration of your transmissions or data; or
- any other matter relating to Daydoc or the Service.
- Medgator does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the Platform or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, any interruption or cessation of transmission to or from the Platform, any defamatory, offensive, or illegal conduct of any end user or practitioner, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the Platform or submitted content posted, emailed, transmitted, or otherwise made available via the Platform.
- RETENTION AND REMOVAL
Medgator may retain such information collected from Medical Practitioner Users from its Daydoc or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
On cancellation of an appointment fixed with the medical Practitioner/ Doctor due to any reason there shall be no refund of the amount paid.
- APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between Medgator and the Medical Practitioner User will be governed by the laws of India.
- Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of Daydoc or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Medgator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Chennai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
- Subject to the above Clause 9.2, the courts at Chennai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of Daydoc or the Services or the information to which it gives access.
- CONTACT INFORMATION GRIEVANCE OFFICER
- If a Medical Practitioner User has any questions concerning Medgator, Daydoc, this Agreement, the Services, or anything related to any of the foregoing, Medgator customer support can be reached at the following email address: firstname.lastname@example.org or via the contact information available from the following hyperlink: www.daydoc.com.
- In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to Daydoc or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: email@example.com
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Medgator. Any consent by Medgator to, or a waiver by Medgator of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Addition of telemedicine ( you can modify according to our app needs )
Telemedicine, for the purpose of this document, shall mean “the delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing the health of individuals and their communities.” The primary modes for Telemedicine would include, inter alia, Video; Audio or Text (chat, images, messaging, emails, fax etc.).
You agree and acknowledge that You must comply with all rules and regulations governing Telemedicine. You further agree to keep Yourself updated with all amendments and/or issuance of any and all laws, rules, regulations, notifications, guidelines etc. governing Telemedicine. In no event You shall default to comply with the guidelines to be followed while carrying out Telemedicine services.
You must take into account the following standards while conducting Telemedicine services-
- The final prescription must be prescribed and delivered to the patient by You
- You shall not conduct surgical or invasive procedures remotely
- You shall not provide consultation outside the jurisdiction of India
- You shall uphold same professional & ethical norms and standards as shall be applicable for physical consultation/in-person consultation. In no event You shall defy the same
- In any event of emergency or events wherein You are of the opinion that the patient should be consulted physically, You must advice the patient for physical consultation/in-person interaction
- Before starting the consultation, You are required to ask for the patient’s details, including without limitations, name; age; contact number; email id. Further, You may seek age proof of the patients if You sense any discrepancy. For cases wherein the patient is a minor, after confirming the age, consultation would be allowed only if the minor is consulting along-with an adult whose identity needs to be ascertained
- You must also seek the patient’s consent before starting the consultation. In the event wherein You are initiating a consultation, an explicit consent of the patient’s is required
- You shall ensure that Your registration number must be distinctly displayed at all places, including without limitations, prescription; Application; e-communication and receipts etc
- You shall prescribe medicine only when You are satisfied, You must ensure due care and diligence while conducting consultation services. Prescribing medicines without an appropriate diagnosis or provisional diagnosis will amount to a professional misconduct.
- You must prescribe in the format specified under the rules/regulations or any notifications which shall applicable
- You authorize the Company to issue and upload the invoice pertaining to every consultation on the User’s Account.
- In case the User attempts to obtain the consultation for more than one person, the You must not address the consultation requirement for such additional person and if You do so, it shall be completely at Your own risk and the Company shall not be liable and responsible for any of Your acts of omissions and/or commissions. Further, if the Company gets to know about such acts of Yours, it shall reserve the right to take any action against You, including without limitation, termination of Your services.
- If you insist the patient on Telemedicine, when the patient is willing to travel to a facility and/or requests an in-person consultation
- If you misuse patient images and data, especially private and sensitive in nature
- If you use Telemedicine to prescribe medicines from the specific restricted list
- If you solicit patients for Telemedicine through any advertisements or inducements. The occurrence of the aforementioned shall constitute professional misconduct and shall be considered as a material breach by you
Restrictions on Tele-Medicine:
While conducting consultation via tele-medicine You must not prescribe medicines listed in Schedule X of the Drugs and Cosmetics Act and Rules; or any narcotic and psychotropic substance listed in the Narcotics Drugs and Psychotropic Substances Act, 1985. You shall prescribe medicines falling under List O, List A and List B categories in accordance with the Telemedicine practice guidelines. https://www.mohfw.gov.in/pdf/Telemedicine.pdf
You must adhere to all the compliances mentioned in the guidelines, including without limitations, professional conducts and behavioral standards; procedure and compliances related to Telemedicine; maintenance of records; restrictions etc.
Maintenance of Records:
You shall maintain the following data/records from time to time and in accordance with the specified format under the prescribed guidelines-
- Log or record of Telemedicine interaction
- Patient records, reports, documents, images, diagnostics, data etc. (digital or non-digital) utilized in the consultation should be retained
- The prescription shared with the patient, to maintain the prescription records as required for physical consultation/ in-person consultations
Events of Default:
If You default in complying to the aforementioned or the prescribed guidelines or any other rules and regulations applicable to You, in such events of default You shall be responsible and liable to indemnify the Company of any losses arising out of such acts of commissions or omissions of Yours while carrying out such obligations. The Company, in no event whatsoever, shall be responsible or liable for Your acts of commissions or omissions.