Wednesday, April 28, 2021

TERMS AND CONDITIONS APPLICABLE TO RMP

 

These terms and conditions (“Terms”) are applicable to registered medical practitioners (“RMP” or “You”) who have agreed to volunteer for an endeavour sponsored by [BJYM] (“BJYM”) in order to provide free of cost assistance to patients (“Users”) seeking consultation with respect to Covid19 SARS virus (“Virus”) in wake of the global pandemic triggered by the said Virus. These Terms apply to (i) RMP’s use of any technology platform, application or resources (including any telecommunication helpline) (“Platform”) that may be made available, arranged or made accessible to the RMPs by BJYM to provide consultation to Users.

 

1. RMP’s Duties

 

1.1  The RMP shall ensure that:

 

a)  he/ she is and shall be duly registered, licensed, and qualified to practice medicine/provide health care services in India, as per applicable laws/regulations/guidelines set out by competent authorities. The RMP further agrees that it is not and/ or will not be a part of any arrangement which will prohibit him/her from practicing medicine within the territory of India or providing the Consultation as per these Terms. The RMP shall at all times ensure that all applicable laws that govern the RMP, the operating procedures communicated by BJYM from time to time including in respect of the treatment of personal information shall be duly followed and utmost care shall be taken in providing Consultation to the User through the Platform.

 

b)  he/she shall perform the Services in accordance with applicable laws including the Indian Medical Council (Professional conduct, Etiquettes, and Ethics) Regulations, 2002 and Telemedicine Practice Guidelines dated March 25, 2020, issued by the Board of Governors (“Telemedicine Guidelines”) in relation to telemedicine consultations. Any contravention of applicable law shall be the sole responsibility of the respective RMP, and BJYM (or its partners/associates including Practo Technologies Pvt Ltd and its affiliates) accepts no liability for the same.

 

c)  And acknowledge that they are liable for the same degree of care for consultations on the Platform as are applicable to traditional in-person care, within the intrinsic limitations of telemedicine. In case of any non-compliance with regard to adhering to applicable laws/rules/regulations/guidelines, BJYM shall have the right to replace/remove such RMP for the purpose of providing Consultations to the User.

 

d)  he/she shall ensure the highest security measures, industry standards, and encryption methods for protecting the privacy and confidentiality of the User and their information, diagnosis, and treatment in accordance with applicable laws.

 

e)  he/she shall utilize the Platform solely for Consultations in relation to the Virus and not prescribe medicines for procedures for any other reason such as medical termination of pregnancy medication, sedatives, hypnotics, opioids, schedule X drugs, or fourth-generation antibiotics or any medicine abuse of which could harm the User and/or society at large.

 

f)  he/she should verify and confirm the Users’ identity through any means as may be appropriate and prescribed under applicable laws. RMP shall not utilize or share the details collected herein for purposes other than verification and confirmation. Further, they must also ensure that they shall share their credentials and contact details with the User including their respective qualification while providing the Services through the Platform.

 

g) In case of video consultation, he/she should not request for images or video of any 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; in which case the User should have specifically consented to share such images or videos at their free will and such request and consent should be recorded.

 

h)  they shall maintain all records and documents of the Users to whom consultation has been provided including as applicable images, diagnostic, and prescription required under applicable law.

 

1.2  When the RMP to whom the consultation for a User has been allocated, chooses to call the User through a free telephony service provided by BJYM for providing the Services, all such teleconsultations (including audio, video, transcripts, prescriptions, emails, and correspondences with Users as applicable) shall be recorded, saved and stored in servers that are owned, licensed or controlled by BJYM. All teleconsultation calls will have an IVR message stating the purpose of recording the teleconsultations. You provide Your consent to such recordings being made and used for providing Consultations and other services in relation to fighting against the Virus as reasonably determined by BJYM.

 

1.3  The RMP shall comply with the applicable laws including but not limited to Information Technology Act, 2000, Health Data Management Policy, 2020, Electronic Health Records Standards, and other laws as and when become applicable.

 

1.4  Confidentiality. The RMP agrees and acknowledges that it shall maintain strict confidentiality of all data, whether belonging to the User or otherwise, accessed, processed, generated, or stored by the RMP (“Confidential Information”) in the course of rendering of the Services. The RMP shall not disclose such Confidential Information to any person whatsoever without the express consent of the User and BJYM. The RMP shall deploy such reasonable security standards in relation to the Confidential Information that it adopts in relation to its own confidential and sensitive information. Nothing herein shall prevent the RMP from disclosing any Confidential Information pursuant to a summons, order or inquiry set out pursuant to processes under applicable laws.

 

2. Payment

 

The RMPs agree and acknowledge that in light of the severe hardships being faced by the citizens in light of the pandemic perpetuated by the Virus, BJYM has decided to offer the Consultations free of cost and the RMPs have agreed to offer the same to the Users through the Platform. Therefore, the RMP acknowledges and agrees that there will be no fees or other monetary consideration that will be payable to the RMP for rendering the Services hereunder.

 

3. RMP’s Representations and Obligations

 

3.1  Subject to compliance with the Terms, BJYM grants You a non-exclusive, limited privilege to access and use this Platform and provide the Services to the Users.

 

3.2  RMP agree to use the Platform and the materials provided therein only:(a) for purposes that are permitted by the Terms; and (b) in accordance with applicable laws, regulations or generally accepted practices or guidelines; and (c) for providing the Consultations to the Users through the Platform. RMP agrees to not engage in activities that may adversely affect the use of the Platform by other RMPs and/or Users.

 

3.3  RMP agrees not to access (or attempt to access) the Platform by any means other than through the interface that is provided by BJYM.

 

3.4  If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. You hereby represent and warrant that You are fully entitled under law to upload all content uploaded by You as part of Your profile or otherwise while providing Services on the Platform.

 

3.5  You hereby do and shall grant BJYM a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable, and transferable license to use, reproduce, disclose, distribute, publish, translate and otherwise fully exploit any such material, in connection with the Platform, including without limitation, for promoting the Platform in any media formats and through any media channels.

 

3.6  Further, You undertake not to:

 

a)  Defame, abuse, harass, threaten, or otherwise violate the legal rights of others;

b)  Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

c)  Publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing, or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;

d)  Engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);

e)  Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, by hacking, password mining or any other illegitimate means;

f)  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. You may not reverse look-up, trace or seek to trace any information on any other user (Registered Service Provider, or User), of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

g)  Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;

h)  Collect or store data about others (RMPs and Users) in connection with the prohibited conduct and activities set forth in this Clause;

i)  Use the Platform or any material or Content 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 BJYM or other third parties;

j)  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

 

4. Usage Conduct

 

You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.

 

5. Intellectual Property Rights

 

5.1  The Platform and the processes, and their selection and arrangement, including but not limited to, all text, graphics, user interfaces, visual interfaces, sounds, and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is owned and controlled by BJYM or its partners associated with it for this endeavor. The design, structure, selection, coordination, expression, look and feel, and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

5.2  The trademarks, logos, and service marks displayed on the Platform (“Marks”) are the property of BJYM or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of BJYM, or the third party that may own the Marks.

 

5.3  Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from BJYM (or the respective third parties).

 

6. Disclaimer of Warranties & Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

 

6.1  THE PLATFORM AND OTHER MATERIALS ARE PROVIDED BY BJYM ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BJYM MAKES NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (C) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS OR DEFECTS IN THE PLATFORM WILL BE CORRECTED.

 

6.2  BJYM (OR THE RESPECTIVE THIRD PARTIES) WILL HAVE NO LIABILITY WHATSOEVER RELATED TO ANY MEDICAL PRACTITIONER, ASSIGNED MEDICAL PRACTITIONER ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, MEDICAL NEGLIGENCE, OR OTHER APPLICABLE LAWS.

 

7. Limitation of Liability

 

7.1  This endeavor in relation to the pandemic triggered by the Virus is being undertaken on ap ro bono basis and in no event shall BJYM, its officers, directors, consultants, agents, and employees, or any third party (their affiliates, employees, officers, directors, agents, and representatives) associated for the endeavor in relation to the Virus, be liable to RMP or any third party for any direct or special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not BJYM or the respective third parties been advised of the possibility of such damages, arising out of or in connection with RMP’s use of or access to the Platform, or materials on the Platform.

 

7.2  The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable laws.

 

8. Termination

 

BJYM may choose to terminate the access by the RMPs to this Platform at any time at its sole discretion and without any previous notice and the RMPs understand and acknowledge that such a right is essential given the nature of the endeavor undertaken in relation to the Virus.

Share it now!