TERMS AND CONDITIONS OF USE (PRIMARY DOCTOR)
We, PYRAMED TELEMEDICINE LLP, a Limited Liability Partnership Firm registered under the Limited Liability Partnership Act 2008 and having its registered office at C 5, Satyam Shopping Centre, First Floor M.G. Road Ghatkopar Mumbai-400077, Maharashtra, India hereinafter referred to as the “Firm” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).
The Firm ensures steady commitment to your usage of the Platform and privacy with regard to the protection of your valuable information. “Platform” shall refer to the “PyraMed” mobile application, the website www.pyramed.in and the dashboard, http://dashboard.pyramed.in, being developed by the Firm..
- “We”, “Our”, and “Us” shall mean and refer to the Firm or Platform, as the context so requires. The terms have been used interchangeably in this document and reference to one includes the others.
- “You”, “Your”, “Yourself”, “User”, “Primary Doctor” shall refer to a registered medical practitioner. The doctor shall be registered with the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956; or the State Register or the National Register under the National Medical Commission Act, 2019, as may be applicable. The Primary Doctor chooses to avail the services of the Platform to seek a joint consultation with a Secondary Doctor for a Patient. The terms “You”, “Your”, “Yourself”, “User”, “Primary Doctor” have been used interchangeably in this document and reference to one includes the others.
- “Patient”, shall mean and refer to natural individuals including but not limited to patients and / or his guardian and / or his family member and / or care giver and or any person so authorized by the patient who has approached the Primary Doctor for medical consultation.
- “Secondary Doctor” shall refer to a registered medical practitioner who has specialized in a specific field of medicine or surgery, and has enlisted with the Platform to provide a joint consultation along with the Primary Doctor to the Patient through the Platform. The doctor shall be registered with the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956; or the State Register or the National Register under the National Medical Commission Act, 2019, as may be applicable.
- “Services” shall refer to the joint consultation, advice, recommendations, prescriptions, etc. as may be provided by the Secondary Doctor and the Primary Doctor through the Platform to the Patient.
- “Third Parties” refer to any entity, application, firm or individual apart from the User and the Firm. It shall include such payment gateways as partnered by the Firm.
- The User expressly agrees and acknowledges that these Terms and Policy(s) are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
- Registration on the Platform is mandatory in order to avail the services on the platform.
- Primary Doctor may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.
- OBLIGATIONS OF THE USER/ PRIMARY DOCTOR
The User/ Primary Doctor agrees and undertakes as follows:
- Will uphold the same ethical norms and standards as would be applicable for patients receiving in person medical care and shall strive to provide the same within the limitations of telemedicine.
- Will exercise their professional judgement to determine the feasibility of a telemedicine consultation for the Patient in accordance with the Telemedicine Guidelines,2020, including clause 3.1.1 thereof.
- Will comply with all applicable local, state, national and international laws, rules, and regulations including but not limited to the Telemedicine Guidelines, 2020, the Indian Medical Council Act, 1956, the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation 2002), Clinical Establishment (Registration and Regulation) Act, 2010, Drugs and Cosmetics Act, 1940, Narcotic Drugs and Psychotropic Substances, Act, 1985, Indian Medicine Central Council Act,1970, the Medical Council Rules,1957, and any other Rules/ Regulations under the above Acts, as applicable, while providing all their services on the Platform.
- Agrees to provide their genuine credentials during the process of registration on the Platform including with respect to their professional and educational experience.
- Agrees to avail the requisite permission from the Patient, its guardian, or caregiver (as the case may be) for the Patient’s registration on the Platform and for availing the services of the Platform for the Patient as required under the applicable laws.
- Agrees to provide accurate and up-to-date personal details, medical and health information of the Patient on the Platform.
- Will employ his/ her judgement and discretion while selecting the Secondary Doctor, and the Platform does not guide or control this choice.
- Agrees to provide accurate information of the Patient’s health and medical condition to the Secondary Doctor.
- The Primary Doctor will ensure that s/he has comprehended the advice, diagnosis, prescription or recommendation on future steps (as the case may be) from the Secondary Doctor and agrees to counsel the Patient with respect to the same.
- Shall maintain confidentiality and privacy of the information provided by the Patient, including but not limited to their medical history, contact information or sensitive personal information.
- Shall comply with all the relevant and applicable laws on maintaining confidentiality and privacy of the Patient and use of information technology, including but not limited to the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 and Information Technology (Intermediaries guidelines) Rules, 2011.
- Shall not directly solicit the Secondary Doctors whose appointment they have sought through the Platform and/ or act in any manner to bypass the Platform/ Firm.
- Ought to maintain the confidentiality of the account password and take reasonable measures to avoid any unauthorized use, and notify the Platform immediately in case of any unauthorized use.
- All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.
- The Platform reserves the right to remove any content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time.
- The Firm shall take all reasonable measures to verify the details specified by the Secondary Doctor on the Platform including their qualification or experience details before uploading the same on the Platform, however, it will not be responsible for the accuracy of such details.
- In order to book an appointment for a joint consultation with a Secondary Doctor, the Primary Doctor will pay the requisite charges on the Platform on behalf of the Patient which will be duly reimbursed by the Patient to the Primary Doctor.
- While the Patient ought to reimburse the Primary Doctor for all the charges incurred by the latter, the Platform may not be in a position to control or enforce this vis-à-vis the Patient.
- An additional processing fee may be levied on the payments made in accordance with the specifications of the payment gateway and the User agrees to the same. The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions.
- Any cancellation or rescheduling of the appointment and the fees and charges with respect to the same will be governed by the Refund and Cancellation Policy set out on the Platform.
- Fees and charges shall be calculated based on the records maintained by the Firm and / or its third-party billing provider and decision of the Firm with respect to settlement of dues shall be final and binding.
- The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences arising from incorrect provision of information.
- For any payments made through the Platform, the Firm or the Platform shall not be responsible for:
- Lack of authorization for any transaction.
- Exceeding of any pre-set limit mutually agreed by the User and their bank
- Any payment issues arising as a result of the transactions.
8. The transaction being declined for any other reason
9. The Primary Doctor warrants and understands that the services rendered by him/ her through the Platform are not liable or leviable to the Goods and Services Tax under the Goods and Services Tax Act and rules/ regulations thereunder.
- SUBSIDIZED CONSULTATION
- The Firm aims to promote medical facilities for the economically and socially marginalized sections of society.
- The Primary Doctors may inform the eligible patients of this facility.
- For further details on this feature of the Platform please contact firstname.lastname@example.org.
- These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect for such time as the User continues to avail the services of the Platform/ Firm.
- The Firm will be entitled to terminate/ suspend the account of the User in the event of: any breach (alleged or otherwise) by the User of these Terms or law, or without notice or cause. Such suspension or termination shall not limit the Firm’s other rights or remedies.
- It is also hereby declared that the Firm may discontinue the services and Platform without any prior notice.
- The Platform reserves the right to recall or partially recall any shared Health Record due to inadvertent or incorrect sharing by You or any other reason as it may deem fit.
- Upon termination of this terms and conditions for any reason, the Primary Doctor shall immediately cease all use of and shall return to the Firm within Ten (10) business days all Confidential Information and materials and all copies thereof, that are in its possession or under its control and shall delete such confidential information at its end.
- The User/ Primary Doctor of this Platform agrees to be solely responsible and indemnify, defend and hold harmless the Firm/Platform, and their respective directors, partners, designated partners, officers, employees and agents, from and against any and all losses, liabilities, claims, damages, demands, legal proceedings, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred with respect to any breach or non-performance of any representation, warranty, covenant, agreement, obligation to be performed by the Primary Doctor and any deficiency in service provided by the Primary Doctor towards the Patient, including, breach of law by the Primary doctor, incorrect selection of Secondary Doctor, error in communicating Patient information, error in taking permission from the Patient to use the Platform, breach of confidentiality/ privacy and medico-legal liability.
- The Primary Doctor agrees to fully co-operate in indemnifying the Firm and the Platform at his/ her expense.
- The Primary Doctor also agrees not to reach a settlement with any party without the consent of the Firm.
- The Primary Doctor agrees and understands that the Platform shall not be responsible in any manner for any consequences (including death or injury or adverse health condition) that may arise to the Patient on account of availing the medical services through the Platform, and the onus for any such consequences shall lie with the medical practitioners managing the Patient including the Primary Doctor and they shall indemnify the Firm and bear the liability for any medico legal disputes, legal proceedings, etc.
- In no event shall the Firm/Platform be liable to compensate the User/ Patient or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data, whether or not foreseeable, and whether or not the Firm/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the services or materials contained therein.
- The Primary Doctor agrees and understands that they are indemnifying the Platform of their own free will.
- LIMITATION OF LIABILITY
- The medical consultation services available on the Platform are not be construed in any way to constitute an invitation or recommendation to avail the online or tele-consultation services. The services provided through the Platform are not intended in any way to be a substitute for face to face consultation with a doctor.
- The Platform is only an online intermediary as defined under the Information Technology Act, 2000 and the rules thereunder and merely provides a Telemedicine platform.
- The Platform is neither responsible nor involved with the treatment, advice, prescription, counselling or the results arising out of such treatment provided to the Patients.
- It is clarified that any legal proceedings for any alleged breach of law by the Primary Doctor or Secondary Doctor will only lie against them and not against the Platform which will not in any manner be responsible for such alleged breach.
- The Firm and its personnel, including the Partners, Designated Partners, officers and employees are not responsible for any consequences arising out of the following events:
- If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
- If the User has fed incorrect information or data or deleted any data;
- If there is an undue delay or inability to communicate through email;
6. If there is a deficiency or failure in the functioning of any Service provided by the Platform.
7. The Platform accepts no liability for any errors or omissions, on behalf of itself/ its employees or Partners, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any content or material displayed on the service is provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
8. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by You in connection with the Platform, including loss of profits or business or fees; and any loss or damage incurred by you as a result of your breach of these terms.
9. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
10. The Platform assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the services of the Platform.
- INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Firm or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics, and the like, related to the Platform.
The User may not use any of the intellectual property displayed or utilized on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Firm/Platform, to be determined in the sole discretion of the Firm. Further the User under no circumstances shall utilize the concept or idea of the Platform for his personal or commercial gains without the requisite written consent of the Firm.
- OTHER OBLIGATIONS OF THE USERS WITH RESPECT TO THE PLATFORM:
- S/he is a restricted User of this Platform;
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Firm.
- Agree not to access (or attempt to access) the Platform and/or the materials or services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the services provided therein, it may be exposed to content that it may consider offensive, indecent, or otherwise objectionable. The Firm disclaims any and all liabilities arising in relation to such offensive content on the Platform.
- Engage in any activity that interferes with or disrupts access to the Platform or the services provided therein (or the servers and networks which are connected to the Platform);
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
- Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
- Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
- Commit any act that causes the Firm to lose (in whole or in part) the services of its Internet Establishment (“ISP“) or in any manner disrupts the services of any other supplier/service provider of the Firm/Platform;
- The User agrees to use the services provided by the Firm, its affiliates, consultants and contracted companies, for lawful purposes only.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts at Mumbai, India.
- FORCE MAJEURE
The Platform shall not be responsible for any failure to perform, or delay in performing any of its obligations under this Terms and Conditions on account of delays caused by the other party, lack of internet connectivity, and force majeure events including acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, or the like.
- DISPUTE RESOLUTION AND GOVERNING LAW
In case of any dispute between the Parties, the Parties will attempt to resolve the same amicably amongst themselves, failing which the said dispute will be referred to arbitration by a sole arbitrator to be appointed on the mutual consent of both parties. The arbitration shall be conducted in English, and the seat of Arbitration shall be at Mumbai, India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing to email@example.com.
- MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The waiver of a breach of this Terms and Conditions or the failure of the Firm to exercise any right under these Terms and Conditions shall not constitute a waiver as to any breach or prevent the exercise of any right.
- Severability: Each provision of this Terms and Conditions shall be interpreted as to be effective and valid under applicable law. The invalidity of any provision shall not affect the validity or enforceability of any other provision hereof and such invalid provision shall be deemed to be severed from this Terms and Conditions and the balance of these Terms and Conditions shall be construed and enforced as if this Terms and Conditions did not contain the particular provisions(s) held to be invalid or unenforceable.