Doctor/Practitioners Usage Terms & Conditions

 

Geared Apps Private Limited is the service provider of HandiDoc/HandiMed App.

 

1.     NATURE AND APPLICABILITY OF TERMS:

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at http://www.gearedapps.com/privacy before you decide to access the HandiDoc/HandiMed app/website or avail the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Geared Apps Private Limited (on its and its affiliates behalf) in relation to the Services (as defined below). The Agreement applies to:

1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution providing the services on the HandiDoc/HandiMed app, as the case may be (“Practitioner(s)”, or “User”); or
2. A patient, his/her representatives or affiliates, searching for Practitioners through the HandiDoc/HandiMed app/website (“End-User”, “you” or “User”); or Otherwise a user of the HandiDoc/HandiMed App/website (“you” or “User”).

      This Agreement applies to those services provided by GearedApps Private Limited on the HandiDoc/HandiMed     App/website, (“Services”), The Services may change from time to time, at the sole discretion of GearedApps Private Limited, and the Agreement will apply to you providing the Service. GearedApps Private Limited reserves the sole 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 providing of Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement for providing any of the Services offered by us. If you do not agree with any part of the Agreement, you shall not use the HandiDoc/HandiMed App/website or avail any Services. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

1. the Indian Contract Act, 1872
2. the (Indian) Information Technology Act, 2000

Express Disclaimers:

1. HandiDoc/HandiMed is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the Patient or bystander, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the HandiDoc/HandiMed App/website or otherwise. In case of any negligence on the part of the Patient or bystander in acting on the same and the condition of the Patient deteriorates, GEAREDAPPS PRIVATE LIMITED and its affiliates( Practitioners/Doctors, Laboratories/Scanning services, Pharmacy Services) shall not be held liable.
2. HandiDoc/HandiMed is a platform being made available to Patient to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.

HANDIDOC/HANDIMED APP 

HandiDoc/HandiMed is an app Service provided by GearedApps Private Limited that allows Patient & Practitioners to communicate, on paid mode. Further, Patient/practitioners may access this feature on HandiDoc/HandiMed App/website platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are inter alia assigned through the system’s algorithm/software program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as "HandiDoc/HandiMed".

1.     Terms for Practitioners:

1. The Practitioner understands that, there shall be responsibility on the Practitioner to treat the User, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
2. The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps which may include referring the User for further evaluation with the consultation notes uploaded to the user which will confirm the consultation is completed and eligible for the consultation fees to be paid by the GearedApps Private Limited.

• The Practitioner 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.

1. Practitioner shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Practitioners’ knowledge.
2. For direct consultations on the HandiDoc/HandiMed platform, the practitioner shall ensure that they respond to User's health concern within a maximum of two (2) hours of the Practitioner receiving the message (in exceptional circumstances, where the consultation was allocated to a Practitioner without their acceptance). However, the time frame for response shall be between 8 am to 8 pm. This timeframe excludes those practitioners who are available for consultation in the night hours.
3. In case, the Practitioner accepts a User’s consultation by their own choice, then such Practitioners shall ensure to provide a response within ten (10) minutes of accepting the said consultation. Also, the response time for a Practitioner during an active consultation shall not exceed five (5) minutes.

• Practitioners should provide e-prescriptions to the Users only via the HandiDoc/HandiMed app. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Practitioner hereby agrees and covenants to be responsible and solely liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Practitioner hereby agrees to hold GEAREDAPPS PRIVATE LIMITED, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
• For a Practitioner to complete a consultation, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:
• Summary of presenting illness
• Provisional diagnosis
• Medicine posology including side effects if any
• Diagnostics
• Lifestyle changes
• Other instructions if any
• Referral for physical consultation (if necessary)

1. Where the Practitioner learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Practitioner shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.
2. Practitioners shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the HandiDoc/HandiMed platform. If any such drugs are indicated for treatment for a given consultation, the Practitioner shall refer the User for a physical consultation.
3. In the event the Practitioner learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Practitioner agrees to report such events to GEAREDAPPS PRIVATE LIMITED via the email: handi.support@gearedapps.com . Geared Apps Private Limited immediately or to the nearest police station.

• The Practitioners agrees not to request see for images or video of the User's private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.
• If Practitioner needs to change the status to 'unavailable', the same could be changed after having completed all the open consultations. In case the Practitioner leaves a consultation open and changes the status to 'unavailable', the Practitioner understands that he shall be liable to pay such penalty as may be imposed by GEAREDAPPS PRIVATE LIMITED, in these cases as mentioned in the cancellation policy mentioned below.
• The Practitioner is not allowed to use any other platform other than the HandiDoc/HandiMed platform for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Practitioner.

1. If the Practitioner’s performance on the HandiDoc/HandiMed platform is not compliant with the expected guidelines of GEAREDAPPS PRIVATE LIMITED or the Practitioner is found to be misusing the HandiDoc/HandiMed platform, the Practitioner may result in losing the privilege of using the HandiDoc/HandiMed feature & platform.

• The Practitioner acknowledges that there should be GEAREDAPPS PRIVATE LIMITED find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then GEAREDAPPS PRIVATE LIMITED shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
• It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
• The Practitioner understands that GEAREDAPPS PRIVATE LIMITED makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold GEAREDAPPS PRIVATE LIMITED liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by GEAREDAPPS PRIVATE LIMITED
• It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that GEAREDAPPS PRIVATE LIMITED shall not be liable for any errors in the information included in any communication between the Practitioner and User.

1. The Practitioner shall indemnify and hold harmless GEAREDAPPS PRIVATE LIMITED and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.

2.     Payment Terms to the Practitioner

1. The practitioner at the time of registration to the HandiDoc/HandiMed app, has to determine the time for service of each consultation slot and its related fees for consultation.
2. Geared Apps Private Limited will deduct 15% of the total consultation fees against the payment made by the patient at the time of booking and will be paid to the practitioner’s bank account provided.
3. If the practitioner cancels the appointment which is already confirmed by the practitioner via HandiDoc/HandiMed App/website and falls within the 24hours window, Geared Apps private limited has the right to deduct the 15% of the consultation fees on top of the normal deductions from the subsequent non-cancelled appointments when due for payment.
4. Settlement of the consultation fees by the GearedApps Private Limited to the Practitioner/s will be paid for the payments due after 7 days of its occurrence and will be paid in the following Monday’s payment run. If the Monday is a bank holiday, payment run will occur on the next bank working day.

3.     Cancellation by Practitioner

1. No cancellation for a confirmed appointment to a patient can be done within a 24hours window.
2. If a cancellation is within 24 hours window, terms of payment is subject to the payment terms mentioned in Section 2.(c) (Payment Terms to the Practitioner).

4.     CONFIDENTIALITY

The Practitioner using the HandiDoc/HandiMed platform, as the case may be, shall have the following confidentiality obligations: 

• Practitioner agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of GEAREDAPPS PRIVATE LIMITED, its affiliates, customers, employees, investors, contractors, vendors and suppliers (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, patient’s treatment details, user engagement models and business methods.
• Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or written or in any other form, regarding GEAREDAPPS PRIVATE LIMITED’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to GEAREDAPPS PRIVATE LIMITED’s and/or its affiliates’ software products or derived from testing or other use thereof.
• Practitioner shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
• Practitioner agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of GEAREDAPPS PRIVATE LIMITED and will not copy, duplicate, or in any manner reproduce any such copyright protected materials.
• Upon request of GEAREDAPPS PRIVATE LIMITED or upon termination of the Agreement, Consultant shall promptly deliver to GEAREDAPPS PRIVATE LIMITED any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Practitioner.
• Nothing in the Agreement will be construed as conveying to the Practitioner any right, title or interests or copyright in or to any Confidential Information of GEAREDAPPS PRIVATE LIMITED; or to convey any license as to use, sell, exploit, copy or further develop any such Confidential Information.
• The confidentiality obligations of the Practitioner as mentioned herein will survive termination or expiration of the Agreement. GEAREDAPPS PRIVATE LIMITED has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
• Any non-disclosure agreement signed between GEAREDAPPS PRIVATE LIMITED and the Practitioner will remain effective, provided that its duration shall be extended coterminous with the Agreement. If there is a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the most restrictive obligation will prevail.

5.     RIGHT TO USE LOGOS AND TRADEMARKS

GEAREDAPPS PRIVATE LIMITED is entitled to use the Practitioner’s name and logo, including trademarks (collectively, “Marks”) on the HandiDoc/HandiMed App/website and GEAREDAPPS PRIVATE LIMITED’s marketing materials. GEAREDAPPS PRIVATE LIMITED will be permitted to issue press releases of any kind referencing the Practitioner and the Marks. However, the Practitioner shall seek a written permission from GEAREDAPPS PRIVATE LIMITED to participate in any press releases or for using trade names, trademarks, or service marks of GEAREDAPPS PRIVATE LIMITED in any of its advertisement, publicity, or promotion.

6.     TERMINATION

Geared Apps Private Limited (as the context warrants) reserves the right to suspend or terminate services provided through the HandiDoc/HandiMed App/website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:

• Practitioner breaches any terms and conditions of the Agreement or contravenes applicable laws; and
• A third-party reports violation of any of its right as a result of practitioners use of the Services.

7.     LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall GEAREDAPPS PRIVATE LIMITED, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the HandiDoc/HandiMed App/website or the content, materials and functions related thereto, the Services, User’s provision of information via the HandiDoc/HandiMed App/website, 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 Practitioners to End- Users contacted or managed through the HandiDoc/HandiMed App/website;
• any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the HandiDoc/HandiMed App/website;
• any unauthorized access to or alteration of practitioners transmissions or data; or
• any other matter relating to the HandiDoc/HandiMed App/website or the Service. In no event shall the total aggregate liability of the Protected Entities to a Patients/bystanders/Users for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement with respect to the use of the HandiDoc/HandiMed App/website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
• If any practitioner/doctor using the HandiDoc app shall alone be held liable if any of the mandatory information to complete registration for eg: Name, Medical Council Registration Number, verification documents, email id and mobile number submitted by them are found to be fake. In this case they will be held liable under the Indian Penal Code and various other provisions of the law existing in India. GearedApps Private Limited or HandiDoc app shall not be held liable for any such fraudulent activity by any user.
• If any Hospital/Clinics using the HandiDoc app shall alone be held liable if any of the mandatory information to complete registration for their doctors/practitioners for eg: Name, Medical Council Registration Number, verification documents, email id and mobile number submitted are found to be fake. In this case they will be held liable under the Indian Penal Code and various other provisions of the law existing in India. GearedApps Private Limited or HandiDoc app shall not be held liable for any such fraudulent activity by any user.

8.     SEVERABILITY

If any provision of the Agreement is invalid as per applicable law, 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 laws, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

9.     WAIVER

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 GEAREDAPPS PRIVATE LIMITED. Any consent by GEAREDAPPS PRIVATE LIMITED to, or a waiver by GEAREDAPPS PRIVATE LIMITED of any breach by the practitioner, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

10. NO DISPARAGEMENT

Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other parties, nor neither parties are authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Practitioner shall not make any public statement disparaging GearedApps Private Limited’s/HandiDoc/HandiMed brand, marks, products or services. Each party will retain all right, title and interest in and to its products, services, marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.

11. APPLICABLE LAW AND DISPUTE SETTLEMENT

The parties agree that this Agreement and any contractual obligation between Geared Apps Private Limited and User will be governed by the Arbitration and Conciliation Act,1996 any amendment to this Act will also apply. Practitioner agrees that the sole arbitrator shall be appointed by GearedApps Private Limited. The place of arbitration shall be at Thiruvananthapuram, Kerala shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the HandiDoc/HandiMed App/website or the Services or the information to which it gives access.