TERMS AND CONDITIONS OF USE OF SECONDARY 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. This document contains information about the “PyraMed” mobile application, the website www.pyramed.in and the dashboard, http://dashboard.pyramed.in (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

DEFINITIONS

“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, inter alia, for the purposes of availing the services of the Secondary Doctor by the Primary Doctor for the purposes of health care.

“Firm” shall refer to PYRAMED TELEMEDICINE LLP, which has created and continues to operate the various facets of the Platform. The terms Platform and Firm have been used interchangeably in this document and reference to one includes the other.

“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.

“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.

“Patient” shall mean and refer to natural individuals including but not limited to patient 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.

“Services” shall refer to the 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 Primary Doctor, Firm or Patient. It shall include such payment gateways as partnered by the Firm.

1.         OBLIGATIONS OF THE SECONDARY DOCTOR

The Secondary Doctor is required to fulfil the following obligations:

1. Warrants that all the certification and information provided by him/her, including with respect to his or her degree, qualification, professional experience, expertise, etc., is legitimate and genuine and there is no discrepancy or falsity in the same.
2. Warrants that s/he is a registered medical practitioner and eligible to provide consultation to patients within the territory of India in accordance with the applicable laws, including the Telemedicine Guidelines, 2020, clause 1.3 thereof and will provide all requisite details including but not limited to proof of their qualifications and medical council registrations.
3. Shall comply with all the 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 National Medical Commission Act, 2019, the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulations 2002), Drugs & Cosmetics Act, 1940 and Rules 1945, 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.
4. 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.
5. Will exercise their professional judgement to determine the feasibility of a telemedicine consultation for each patient in accordance with the Telemedicine Guidelines, 2020, including clause 3.1.1.
6. Shall confirm that the Patient is willing to avail his/ her services of a joint consultation on the Platform;
7. Shall comply with the provisions of the Information Technology Act 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, Information Technology (Intermediaries guidelines) Rules, 2011 in the course of rendering consultation through the Platform
8. Shall deliver Services in accordance with the information and updates provided by the Primary Doctor or the Patient through the Platform; on relevant medical grounds and indications and his / her sound discretion.
9. Shall inform the Firm and the Primary Doctor immediately in case of any change/ delay or cancellation of a confirmed appointment on the Platform.
10. Must inform the Firm in the event of any dispute with the patient(s), or Primary Doctor(s) who has booked the appointment with him/ her on the Platform.
11. Must not directly solicit the Patients who have approached the Secondary Doctor through the Platform and in any manner bypass the Platform/ Firm or the Primary Doctor.

2.        WORK PROVISIONS

1. Independent Professional

The Secondary Doctor continues to be an Independent Professional. Nothing in these terms shall be deemed or construed to create an employer/employee, joint venture or partnership relationship and / or agency between the Firm and the Secondary Doctor.

The Secondary Doctor shall not have any authority to ensure any obligations on behalf of the Firm or to make any promise, representation or contract of any nature on behalf of the Firm.

2. Confidentiality

The Secondary Doctor 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, Information Technology (Intermediaries guidelines) Rules, 2011 and the Telemedicine Guidelines, 2020

Any and all information relating to and obtained by the Secondary Doctor during the performance of the Services on this Platform and / or through the Platform, including sensitive personal information of the Patient shall be kept strictly confidential during their course of association with the Platform and also after their termination of use of the same. The Secondary Doctor shall not misuse or upload images and/ or data of the Patient, on any social media.

3.         INTELLECTUAL PROPERTY RIGHTS

The Firm owns all the right, title, and interest in all the Intellectual Property Rights relating to the Software, Platform and the services provided through the same. The Secondary Doctor has an obligation to protect the intellectual property rights of the Firm. Upon termination, the Secondary Doctor shall immediately return all material related to the Intellectual Property to the Firm that may be in the Secondary Doctor’s possession, including but not limited to, images, data, information and rights of access provided to the Platform including but not limited to the login I.D and password.

4.        INDEMNITY

1. The Secondary Doctor agrees and understands that the Platform shall not be responsible in any manner for any consequences 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 Secondary Doctor and they shall indemnify the Firm and bear the liability for any medico legal disputes, legal proceedings, etc.
2. The Secondary Doctor indemnifies, protects and holds harmless the Firm and its respective directors, partners, designated partners, officers, employees and agents, from and against any and all losses, liabilities, legal proceedings, causes of action, claims, damages, demands, costs and expenses asserted against or incurred with respect to, any breach or non-performance of any representation, warranty, or obligation to be performed by the Secondary Doctor under the law or these Terms, and / or any deficiency in Service provided by the Secondary Doctor through the Platform.
3. The Secondary Doctor also agrees not to reach a settlement with any party without the consent of the Firm.
4. The Secondary Doctor will take complete responsibility for the consequences arising out of any unwarranted use of the Platform and / or the facilities provided thereunder from his / her login on the Platform.
5. The Secondary Doctor agrees that any in cases where a Patient or a Primary Doctor has raised a complaint or flagged an apprehension with respect to the quality of any Service provided by the Secondary Doctor, the Secondary Doctor shall be solely responsible for rectifying the same or providing damages in this regard to the affected party.
6. The Secondary Doctor indemnifies the Firm and the Platform of all and any consequences arising from any doubt or discrepancy with respect to the certification or information provided to the Platform/ Firm.
7. The Secondary Doctor agrees and understands that it is indemnifying the Platform and the Firm of his / her own free will.

5.        WARRANTIES

1. Warranty of Authority

The Secondary Doctor warrants that it is authorized to enter into this Agreement and to perform its obligations hereunder and that its performance hereunder shall not conflict with, limit or be contrary to any other agreement or ongoing obligation. 

2. Warranty of Services

The Secondary Doctor warrants that all Services will be performed in a professional manner. The Secondary Doctor warrants and understands that the services rendered by them 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

3. Noninterference with Business

The Secondary Doctor agrees not to, directly or indirectly solicit, or induce or attempt to persuade the Primary Doctor, the Patient, or any employee, independent contractor, vendor, outsourced third-party, director or other participant of the Firm to terminate its relationship with the Firm.

During, and for a period of two years immediately following termination/expiry of these Terms and Conditions, the Secondary Doctor further agrees not to circumvent a relationship with the Firm or establish a relationship with a party with whom the Firm already has a relationship or foreseeable relationship.

4. Warranties in relation to the Service

The Secondary Doctor warrants that s/he bears the risk as to the quality and performance of the Services provided by him/ her on the Platform.

6.        PAYMENT

1. The Joint Consultation Fee collected by the Platform shall be distributed between the Secondary Doctor and the Primary Doctor after deduction of the charges of the Platform.
2. The fee payable to the Secondary Doctor shall be transferred to him/her at regular intervals by the Firm, and affirmatively within 60 days from the completion of the consultation.
3. The payment as set out in the above clause shall be made to the Secondary Doctor by the Firm through online fund transfer to the bank account of the Secondary Doctor.

• The payments due to the Secondary Doctor will be paid by the Platform in accordance with the information available with them and / or its third party billing provider in this regard and the decision of the Firm shall be considered final and binding.

1. 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.

The above-mentioned terms have been convened after mutual agreement to the same between the parties.

7.       TERM AND TERMINATION

1. 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 Secondary Doctor continues to avail the services of the Platform/ Firm.
2. If the Secondary Doctor continues to avail the Services offered by the Firm/ Platform (through the Primary Doctor or otherwise), s/he is deemed to have agreed to the Terms, the Privacy Policy and other policies and all amendments made by the Firm thereto. The Secondary Doctor acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding, and that any amendments shall come into effect immediately.
3. The Firm will be entitled to terminate/ suspend the account of the Secondary Doctor in the event of any breach (alleged or otherwise) by the Secondary Doctor of these Terms or law.
4. The Firm may terminate/ suspend these Terms and close a Secondary Doctor’s account at any time without notice or cause.
5. Suspension or termination shall not limit the Firm’s other rights or remedies.
6. It is also hereby declared that the Firm may discontinue the Services and Platform without any prior notice.
7. Upon termination of this terms and conditions for any reason, the Secondary 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.

 

8.        LIMITATION OF LIABILITY

1. 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:
   1. 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;
   2. If the Primary Doctor has fed incorrect information or data or deleted any data;
   3. If the Primary Doctor or the Patient has failed to comply with any of its obligations;
   4. If there is a deficiency or failure in the functioning of any Service provided by the Platform.
2. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by the Secondary Doctor 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.
3. To the fullest extent permitted by law, the Platform shall not be liable to the Secondary Doctor or any other party for any loss or damage, regardless of the form of action or basis of any claim. The Secondary Doctor acknowledges and agrees that the sole and exclusive remedy for any dispute with the Firm is to terminate your use of the Platform.
4. The Platform assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your 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.
5. The Platform will not be liable to the Secondary Doctor or third party for any special, indirect, incidental, punitive, or consequential damages arising from or related to the Platform or any services of the Platform, including bodily injury, death, loss of revenue, or profits or other benefits, and claims by any third party, even if the parties have been advised of the possibility of such damages. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability and tort.

9.         PUBLICATION

Unless objected to by the Secondary Doctor, the Platform may disclose in summary form the nature of the Services rendered by him/her, including his/ her qualification, specialty and experience.

10. NON-COMPETE

The Parties hereby agree that, during their course of association with the Platform, the Parties will not, whether in India or elsewhere in the world, compete, directly or indirectly with, or own, manage, operate or control in or be connected with the ownership, management, operation or control of any business that is similar to or in competition with the Business of the Platform.

11.      GENERAL PROVISIONS

1. Notices

All notices required shall be in writing and shall be effective on the date of mailing to the Parties sent via electronic mail.

2. Severability

Each provision of this Terms and Conditions shall be interpreted as to be effective and valid under applicable law. The invalidity or unenforceability of any provision of this Terms and Conditions shall in no way affect the validity or enforceability of any other provision hereof and such invalid provision shall be deemed 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.

3. 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.

4. 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.

5. Governing Law

These Terms and Conditions shall be deemed to have been executed in Mumbai, Maharashtra, India and shall be governed by the laws of India. The Parties expressly agree that the Terms and Conditions shall be governed by the laws, rules and regulations of India and that the Courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any disputes arising between the Parties.

6. Disputes

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, Maharashtra, India.