Terms and Conditions For Doctors:
The following are the terms and conditions (the ‘Provider Agreement’) for the access and use of a Provider in an online platform being established and maintained via its website by MuaalijOnline (the ‘Platform’) through which counselling, consulting, professional advice, physical examination (if required) and any other related professional service are provided (collectively the ‘Provider Services’).
A Provider (also referred in these terms and conditions as ‘you’, ‘your’) is any counsellor, consultant, practitioner, professional, expert, coach, advisor or any other person who is duly registered with the appropriate professional council and is providing Provider Services, through the use of MuaalijOnline platform, to any other person or persons (the ‘User’, ‘Users’, ‘Patient’ or ‘Patients’). The Platform may be provided, be accessible or be available via multiple websites, devices, platforms and other means.
By accessing or using MuaalijOnline as a Provider, or by clicking a button or a box indicating that you have read and agree to these terms and conditions, it shall be presumed that you have executed this Provider Agreement.
Use of the Platform
The features and functionality of the MuaalijOnline are to be determined solely by MuaalijOnline management and are subject to change or termination.
The Providers are independent contractors and are neither MuaalijOnline’s employees nor agents nor representatives.
MuaalijOnline platform relies heavily on the internet. Weak internet connection or lack of technology may result in performance issues. MuaalijOnline is not liable for any such performance issues originating on either the Users’/Patients’ or the Providers’ side.
Disclaimers and Limitation of Liability
The Provider acknowledges and agrees that the Platform is being provided for use on a ‘as is’ basis, and therefore the Provider will not have any plea, claim, or demand towards MuaalijOnline in relation to the Platform's users, members, properties, limitations or compatibility with the Provider's needs. The Provider shall not have any plea, claim or demand against MuaalijOnline in respect to any services the Provider decides to provide in connection with the use of the Platform except for the wages/retainer fee/share percentage agreed upon in the provider agreement. To the fullest extent of the law, we expressly disclaim all other warranties of any kind, whether expressed or implied.
B. Registration, providing Provider Services and any use of the MuaalijOnline is being made at the Provider's sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy.
The Provider will bear all the risks associated with the uploading and transmitting material and utilizing the Platform including reliance on its accuracy, connectivity, reliability or legality.
The Provider will use MuaalijOnline to provide Provider Services at his or her sole and entire risk.
Under no circumstances will MuaalijOnline be held liable to any Provider for any indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to loss of business, revenue, profits, use, data or other economic advantage.
The Provider acknowledges and agrees that MuaalijOnline disclaims any liability in relation to any claim, suit or action brought by a User/Patient in connection with provision of any Provider Services by a Provider, including but not limited to representations by the Provider as to the Provider's qualifications and advice provided by him or her, through the MuaalijOnline platform. The Provider agrees to indemnify and hold MuaalijOnline harmless in connection with any such claim and any damages or expenses arising therefrom.
The Provider will be solely responsible for any agreements he chooses to make with a User/Patient. MuaalijOnline will not be responsible or liable in any way for any agreement made between a Provider and a User/Patient and or for enforcing any such agreement, including but not limited to any agreements in relation to Provider's fee, and or usage of the Platform in any way other than offered and suggested as the Provider Service at the MuaalijOnline platform. Any agreement a Provider chooses to get into with a User/Patient is at his or her sole responsibility and entire risk.
The Provider acknowledges that he or she will solely be responsible and liable for any damages to any User/Patient to whom the Provider provides services and to any User/Patient who suffers damages arising from or connected to such services that he provided to that User/Patient. In the event of a dispute regarding any transaction conducted through the platform the Provider hereby releases MuaalijOnline from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including but not limited to, court costs and attorney's fees, which the Provider may have against one or more of the above.
MuaalijOnline shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages.
MuaalijOnline explicitly disclaims any liability with respect to any claim, suit or action made by a User/Patient. You agree to indemnify, defend and hold us harmless with respect to any such claim.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with the applicable law.
Users/Patients directly engage with Providers and use MuaalijOnline as a platform only. MuaalijOnline does not manipulate Users/Patients choice in any way and is not responsible for the proceeding(s) and outcome(s) of User/Patient-Provider interaction.
This section (disclaimers and limitation of liability) shall survive the termination or expiration of this
Representations and Warranties
You hereby confirm that you are at least 18 years of age and that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through MOL, and the information that you will provide in or through MuaalijOnline in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of the Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
The Provider will not provide any Provider Services or advise to any User/Patient unless the Provider is a duly licensed professional in good standing in the relevant field of expertise, his/her professional license and/or requisite registration with the professional council is valid on the date of this Provider Agreement and he or she abides by all relevant laws, rules and regulations, including but not limited to rules of ethics and professional responsibility.
At all times the Provider will provide correct and accurate representation of his or her skills, degrees, qualifications, background and other information, whether this information is provided to MOL, to the User/Patient and on any form submitted to or presented on the Platform. The Provider will also provide the same correct and accurate representation of his or her skills, degrees, qualifications, background and other information to the Users/Patients, including but not limited to, in any kind of communication or while providing Provider Services to the Users/Patients through the Platform.
The Provider will maintain and update all such information during the term of this Provider Agreement to keep it true, accurate, current and complete.
The Provider will not mislead Users/Patients to believe that he or she can provide a service which is outside his or her fields of licensed expertise and will not misrepresent him or herself or create any misleading name or listing.
The Provider shall not perform any Provider Services and or other services or offer any advice in any jurisdiction where the Provider is not authorized or licensed or in good standing to do so.
The Provider will maintain his or her skills, qualifications, eligibility, and other information and requirements, including maintaining his or her status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where the Provider practices his or her profession.
MuaalijOnline may review the Provider's personal profile and amend any typing or spelling errors.
MuaalijOnline cannot and will not verify or examine the truthfulness or accuracy of the details in the Providers personal profile, credentials, qualifications, or any of the Provider's postings or transmissions. However, we may, in our absolute discretion, remove or refuse to post or transmit any content uploaded by any Provider. Without derogating from the above, we may remove any content uploaded by a Provider from the Platform for any reason.
The Provider represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by the Provider, including, but not limited to, applicable professional liability insurance.
When providing Provider Services or making any other use of Platform, the Provider must exercise a reasonable standard of care, at least the same as the Provider would in a similar transaction not conducted through the Platform or the Internet. Without derogating from the above, the Provider must exercise the standard of care mandated by his or her profession.
The Provider will be required to setup his/her appointment schedule. Note (‘if you do not setup your appointment schedule, Users/Patients will not be able to request appointments but only call you when you are online’)
Once you have setup an appointment schedule, you are bound to make yourself available during those timings. Failing to do so may result in deactivation of your presence on the Platform.
While attending a call with a User/Patient, if the call disconnects due to a technical issue, you have an option to call the User/Patient back. Please note that use this option only if you think audio/video consultation was disconnected due to some technical fault like weak internet connection at either end or any other IT issue. This is not applicable if the time runs out and the consultation is still not finished. In those cases Users/Patients are required to call back as a new call and they will be charged separately.
The Provider shall ensure to keep all User/Patient related information confidential at all times and shall not share the files, reports, images or medical data of any User/Patient obtained while providing Provider Services through the Platform.
The Provider will not provide to Users/Patients any services other than Provider Services.
The Provider will not provide to Users/Patients any services which may not be lawfully rendered or provided through the Platform according to the laws, regulations and ethics that applies in the Provider's jurisdiction.
The Provider will not diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a User or examination of a User.
The Provider agrees that the Provider Services, advice and or information that he or she provides to a User/Patient, aren't in any way to be considered a substitute for a face-to-face interaction between the User/Patient and the Provider (or any other professional).
The Provider will provide Provider Services only about and in respect of non-emergency matters and issues. For emergency matters and issues the Provider will instruct the User/Patient to immediately call their local emergency assistance number.
The Provider agrees to never engage in any unethical practice of medicine and at all times would ensure provision of quality Provider Services to the best of his / her abilities and experience.
The Provider will not enter into a direct physician/patient relationship with any User/Patient through any other similar Platform.
The Provider will advise Users/Patients whenever appropriate that his or her advice is not a substitute for the advice or treatment of a physician after physical examination.
Whenever appropriate, the Provider will recommend Users/Patients to seek help by meeting a qualified professional face-to-face.
The Provider may not use the Platform to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of Users/Patients.
The prescription issued by the Provider to the Users/Patients using the Platform is the sole responsibility of the Provider as the Platform only supports the software that the Provider is using to provide Provider Services to the Users/Patients.
The Provider will indemnify, defend and hold MuaalijOnline harmless against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by the Provider according to this Provider Agreement; (b) The Provider's provision of the agreement to any third party, regardless of whether or not they are Users/Patients of the Platform ; or (c) any materials that the Provider has posted to or through the Platform and/or any content provided by the Provider to Users/Patients.
The Provider agrees and commits not to violate any applicable local, state, provincial, national or international law, statute, ordinance, rule, regulation or ethical code in relation to the use of the Platform and to the Provider's relationship with the Users/Patients and the Platform. The Provider further agrees and commits not to engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.
Under no circumstances is any form of communication between a Provider and User/Patient is to be recorded (audio/video/transcript). The guilty party shall be prosecuted as per local laws.
Provider Account and Responsibilities
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively ‘Account Access’). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Platform, including the Provider Services, are made directly by you and that you are not using neither the Platform nor the Provider Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
If you receive any file from us or from a User/Patient, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You agree to provide us with your accurate mobile number for verification purposes for account creation. This number is private and will not be shared with other users on the website.
If you choose to deactivate/delete your account, your account details remain on the database for an indefinite amount of time to facilitate with reactivation of the account. If you want the information deleted completely, MuaalijOnline (Private) Limited must be contacted with the necessary details.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Provider Agreement; (d) non-payment for any of the services (including Provider Services) which were provided through the Platform; (e) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Provider Agreement.
Modifications, Termination, Interruption and Disruptions to the Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the Platform and any services provided by through the Platform (including but not limited to Provider Services) at our sole discretion for any reason and for any period of time.
The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by third party contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
Fees and Payments
Provider will be paid for the provision of the Provider Services to Users/Patients.
The fees, rates, payment options and payment schedules of the payments are set in the Platform and they are set and determined exclusively by us and may be changed in our sole discretion.
The Provider is solely responsible for reporting and paying any applicable tax related to the Provider's use of the Platform.
Any payment disputes or claims should be submitted within 30 days of discovery of any mistake.
We may provide notices or other communications to you regarding the agreement or any aspect of the Platform, by email to your email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed to be the date on which such notice is given. Notices sent to us must be delivered by email to firstname.lastname@example.org
Important notes about our Agreement
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other.
We may freely transfer or assign this Provider Agreement or any of its obligations hereunder.
The paragraph headings in this document are solely for the sake of convenience and will not be applied in the interpretation of this Provider Agreement.
If any provision of this Provider Agreement are held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Provider Agreement will remain in full force and effect.
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