Additional Terms of Use - Registered Medical Practitioner

This Additional Terms of Use govern the Registered Medical Practitioner’s (RMP) use of Service provided by Singularity Healthcare IT Systems Pvt Ltd (EClinic) through its website and app.

RMPs (You or Your) by registering in our website or app by opening an account or use or access our website or app form a legally binding agreement between RMP (“We”) and EClinic. These RMP Terms are in addition to and shall be read along with Terms of use of the website and Privacy Policy or any other Policy which the use of website, system and services . (Referred to as “Other Terms” and collectively including RMP Terms “AGREEMENT”).

  • RIGHTS OF RMP

    You shall use and avail services of website or app for the purposes mentioned in the Terms of Agreement. These rights to use and avail service of website or app are limited, non-exclusive, personal and non-transferable.

      You hereby agree that you will use the website or app for following purposes:
    • You will not allow any person or entity to use website or app through your registered account.
    • All the agreed service you have undertaken to provide to EClinic and its Users will be discharged by you personally.
    • You will not use your access to website or app to modify the content of website or app, or advertise any entity you are associated or any other Service.
    • copy, reverse engineer, decompile or disassemble the System or the Website, in whole or in part, or otherwise attempt to discover the source code to the software used in the System.

  • RMPs Access and Use of Website & App

    RMPs access and use of Website & App shall be subject to verification of Your identity, credential or qualification undertaken by us.

    At the time of registration, you shall submit with us necessary soft copy and hard copy of your photo id, medical registration details (Medical Council of India or State Medical Council), Degree certificate and specialisation certificate or any other information to prove you are legally authorised Health Care Practitioner.

    We do minimal verification of your credential at the time of registration. Any time if we find you credential are unworthy , we will terminate your access to our website and app.

  • ARRAGEMENT BETWEEN RMPs & EClinic
    • RMP may be appointed as Retainer. You shall answer the query of Users and provide any other service as determined between RMP and EClinic any time during the fixed period. RMP appointed as retainers are paid fixed amount of fee and do not have share in the fees paid by the User.
    • RMP may be appointed as Base Retainer. RMP are paid fixed amount of fees for certain number of case. After certain number of cases they are eligible for share in fees paid by Users.
    • RMP may be hired purely on fees sharing basis. Fees share of RMP will be determined by number queries attended by RMP.
  • DUTY AND OBLIGATION OF RMP

    By using and availing of service of EClinic owned Website and App, You hereby agree that:

      Your use of the Website and app will be strictly as per Additional Terms of Use for RMP, Terms of Use- Portal & App, Privacy Policy and any other applicable Terms of Contract.
    • You will use our website and app in compliance with all applicable law.
    • You will adhere to MCIs Code of Medical Ethics or any other Code of Conduct given by Your Council.
    • You will not or permit any other person to use Website and App for any unlawful and fraudulent purpose.
      You herby agree that You shall not use the Website or App to:
    • Advertise any entity, goods or service.
    • Solicit user for private consultation without the knowledge of EClinic
    • Shall not claim specialist, unless you have qualification in that particular branch.
    • Give any positive assertion or representation regarding the risk-free nature of communicating over online media.
    • Give treatment or advise at the time of emergency.
    • False or unauthorised qualification shall not be published in profile. If any of your qualification or registration is revoked or expires, you shall update the same in our profile.
  • RMPs Use Of User Information

    You agree and acknowledge during your course of your use of our website and app, You are in possession of Users Personal and Health Information

      You herby agree that you shall use the Users Information in following manner:
    • Maintain the records of all the Users of EClinic separately.
    • Treat patient information has confidential and take all measure to maintain the confidentiality as per the applicable law
    • Use user information in compliance with all the applicable law and not limited to Code of Medical Ethics and Information Technology Act, 2000 and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
    • Use User information in compliance with EClinic Privacy Policy.
  • LIMITATION OF LIABILITY

    EClinic is not liable for any liability arising out of Doctor–Patient relationship or any interaction between RMPs and Users. In no event EClinic shall be liable for any and all matters relating to this agreement for any aggregate amount in excess of Rs 5000 (Rupees Five thousand Only).

    • Liability and Responsibility for Medical Advice Provided: As a medical practitioner opting to see patients through the EClinic Platform, you agree that you own all responsibility for any medical advice provided to any patients contacting you through the platform. You will be solely responsible for any failure of treatment advise given or any adverse effects to the patient.
    • Licensing and legal: As a registered practitioner on EClinic, you agree that you own full responsibility for obtaining any and all required state, central and any other required licensing, certifications and that you will fully abide by the law of the land in all respects while practicing on the platform. You agree that you will be practicing within the provided guidelines from any and all professional bodies, associations, councils, regulatory bodies etc which have any jurisdictional or regulatory authority over the practice of medicine in the country.
    • Clinical protocols and best practices: You agree that you will own the responsibility for knowing and practicing within the framework of any clinical protocols (diagnosis, treatment etc) that are generally agreed as the Standard of Care (SOC) by the experts in the field. You agree that you shall not falsely represent yourself as an expert in any field of medicine where you have not been certified and/or licensed and that you will own full responsibility for keeping yourself up to date with all the required continuing medical education certifications and any required knowledge you need to continue practicing as a healthcare practitioner and to provide the generally accepted standards of care.
    • Technology Failures: While practicing on the platform, you may experience any technology issues that may prevent you from being able to have a clear session with the patient. For example, this may include (but not limited to) any data errors (incomplete data submission on reports attached, incomplete descriptions etc) or any communication errors (unclear phone call or bad quality video call). In such cases you are advised to not proceed with your diagnosis and/or treatment of the patient and inform the patient accordingly and notify our technical support team. If you choose to nevertheless proceed with your consultation and advise, you are taking complete responsibility for the same and agree that you shall not hold the platform/the company (EClinic 24/7) responsible for any issues that consequently arise with the consultation, health advise or treatment outcomes.
    • EClinic use: If you are using the platform for managing your own practice at your clinic(s) and with your patients, you agree that the platform is only being used as a technology enabler and has no role to play and therefore any responsibility for the medical advice provided or treatment outcomes. EClinic does not make any warranties or representations regarding the availability or the quality of the platform and you agree that your use of the platform is at your own risk and your own responsibility.
  • INDEMNITY

    User agrees to indemnify and hold harmless EClinic, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liabilities, legal costs, compensation and damages arising from his/her/its access to or use of Website, violation of this Agreement, or the infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity.

  • AMENDMENT/MODIFICATION/
    TERMINATION

    We may amend, modify or terminate Agreement and Service provided through Website or App any time. You shall keep yourself update with all the amendment, modification and termination, by reviewing the Website frequently. You shall not hold us liable for any prior notice of the same.

      We may amend, modify or terminate Agreement or our service for following purposes:
    • Comply with law, orders of court or any applicable government agency.
    • Correct, modify, amend, enhance, improve and make any other changes to the website or app.
      We may suspend or terminate your access to website or app for following purpose:
    • Comply with law, orders of court or any applicable government agency.
    • Your use of our website or app is not in compliance with Agreement.
  • Disclaimer and Exclusion of Warranties

    DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

    You agree and understand your availment of service through Website or App and interaction with user depend on Internet and Software, We disclaim all the liability arising from any damage, error, delay, security or data compromise in course of internet transmission or software malfunction.

    We do not warrant that your use of our website or app will be in compliance with Law of the Land.