A. 'MEDICAL PROVIDER' has signed up
electronically / online via Internet with the NET4MEDIX platform for availing
software services of the NET4MEDIX 'platform.
B. 'NET4MEDIX' software platform of
Periwinkle Technologies Pvt. Ltd. provides software services enabling various
tasks useful for medical profession and organizations, including on follow-up
and chronic care cases and helping patients achieve better outcomes through
responsive and regular care and periodic updates to scope and content of the
services.
C. NET4MEDIX has agreed to provide its
services to the MEDICAL PROVIDER as per terms of this Agreement for valuable
consideration.
D. Any reference to written
communication shall include email, internet or similar mediums.
Now, this Agreement hereby states:
1. NET4MEDIX'S OBLIGATIONS:
a. NET4MEDIX will provide an online
software platform that will generally enable the MEDICAL PROVIDER to perform
the below:
i.
Patient self-registration:' Background details
needed for treatment as per' MEDICAL
PROVIDER's specialty are collected from patient as part of the patient
self-registration on NET4MEDIX.
ii.
Case logging:
Background details needed for treatment as per MEDICAL PROVIDER specialty are
collected from the patients.
iii.
Prescriptions:
Prescribe from a standard and comprehensive medicine list. Share prescriptions
with pharmacist for automatic fulfilment.
iv.
Investigative reports: Share patient investigation requests with labs. Access reports as soon
as they are published.
v.
Patient Engagement: Answer patient queries when possible via Instant Messaging. Configure
to have one-way or two-way messaging. Optionally, have announcement boards for
all patients.
vi.
Bills and Appointments: Generate quick bills and one-touch appointments.
vii.
Other relevant features for MEDICAL PROVIDER's use that may be added,
changed or deleted from time to time.
b. NET4MEDIX's software platform will be
accessible to MEDICAL PROVIDER and their patients via the Web, Android, and iOS
apps and will be hosted in the cloud.
c. Additional services may be provided
for an extra charge, e.g., SMS package (a basic fix' amount of messages per month included by default),
video consultation etc , which can be added later on during the term of this
Agreement.
d. NET4MEDIX is only a communication
channel service provider for communication by MEDICAL PROVIDER with their
clients, staff and others. NET4MEDIX shall not be liable or responsible for any
content, whether medical advice or otherwise, provided by the MEDICAL PROVIDER
or anybody else over NET4MEDIX platform.
2. MEDICAL PROVIDER'S OBLIGATIONS:
a. MEDICAL PROVIDER shall exclusively provide
medical advice and treatment to their patients. All responsibility and
liability for medical advice and treatment, directly or indirectly, at all
times be that of MEDICAL PROVIDER. MEDICAL PROVIDER shall use NET4MEDIX as a
communication method to communicate with their patients.
b. MEDICAL PROVIDER shall at all times
be liable for any medical aspects of using NET4MEDIX platform.
c. MEDICAL PROVIDER shall undertake
normal use of the NET4MEDIX platform and not perform any unauthorized change,
modification or damage to the NET4MEDIX software or the platform.
d. MEDICAL PROVIDER undertakes that his
patients using NET4MEDIX will follow the terms of this Agreement as per
instructions given by MEDICAL PROVIDER.
3. LIABILITY:
a. MEDICAL PROVIDER shall be solely
responsible for all medical advice and treatment provided to their patients.
MEDICAL PROVIDER shall inform their patients clearly that all responsibility
and liability for their treatment shall always be with the MEDICAL PROVIDER and
that NET4MEDIX is only a communication platform providing a channel of
communication generally similar to a telephone or email service provider.
b. MEDICAL PROVIDER will instruct its
patients that NET4MEDIX services is only a communication channel and to NOT
rely solely on NET4MEDIX for treatment decisions, emergencies or any other
medical decision and always contact the MEDICAL PROVIDER directly whenever
needed or in doubt for proper medical attention.
c. NET4MEDIX will provide its service on
an 'AS-IS' basis and on a 'Best Effort' service quality without any warranty of
Merchantability nor any warranty of fitness for any particular purpose. MEDICAL
PROVIDER will instruct their patients of this term before they signup their
patients to use the NET4MEDIX platform.
d. In no case NET4MEDIX will be liable
to MEDICAL PROVIDER, its patients or their relatives or any third party related
to MEDICAL PROVIDER's use of services of NET4MEDIX beyond the amount of fee
paid by MEDICAL PROVIDER to NET4MEDIX in one calendar year before the date of
any such claim.
e. NET4MEDIX shall not be liable to the
MEDICAL PROVIDER or any third party for any medical treatment, medical
procedure or prescriptions or any medical liability in any manner, direct or
indirect, that its platform may be used for by the MEDICAL PROVIDER.
f.
NET4MEDIX shall not be liable if doctors or patients don't see their
messages or notifications and/or don't respond to each other.
g. NET4MEDIX app or certain features of
app may or may not work on some phones or settings of phones (eg. If time
settings/zone is set differently on the phone the reminders may not work
properly, or the app may not work on some non-standard phones), these are
ordinary technical limitations which cannot be remedied in each case and NET4MEDIX
shall not be responsible for the same.
4. TERM:
a. This Agreement's term will start from
the date of payment as part of the electronic/online Internet signup process by
the MEDICAL PROVIDER on NET4MEDIX platform and will end one calendar year after
such start date.
b. NET4MEDIX and MEDICAL PROVIDER may
decide to extend the Agreement by any time period either before or within 30
(Thirty) days of one year termination as per Clause 4(a) above, by mutual
written agreement. '
5. TERMINATION:
a. This Agreement can be terminated by
either party with a 30 (Thirty) day prior notice to the other side. In case of
a termination before expiry of a contract (unless renewed as per Clause 4
above), NET4MEDIX may refund on a pro-rata basis for any remaining period for
which MEDICAL PROVIDER has prepaid to NET4MEDIX at the sole discretion of NET4MEDIX
which shall not be challenged by MEDICAL PROVIDER in any manner whatsoever.
b. Though not required to, NET4MEDIX may
as a courtesy to the MEDICAL PROVIDER keep account active for one month and the
data for two months after expiry or termination of the account. However, beyond
the courtesy period, MEDICAL PROVIDER agrees specifically that NET4MEDIX may
delete all data related to MEDICAL PROVIDER without any notice or intimation to
MEDICAL PROVIDER.
c. This Agreement shall automatically
stand terminated upon bankruptcy, death or closure of either of the parties to
this Agreement: NET4MEDIX or MEDICAL PROVIDER.
6. PAYMENTS:
a. MEDICAL PROVIDER shall make upfront
yearly payment at the time of signup process completion based on the package of
services chosen during signup. This will be non-refundable, except as per
Clause 5 above.
7. INDEMNITY:
a. MEDICAL PROVIDER shall indemnify NET4MEDIX
from any claims by one or more of its patients, their relatives or any third
party.
8. SYSTEM UPTIME, OUTAGES and TECHNICAL PROBLEMS:
a. NET4MEDIX is providing services to
MEDICAL PROVIDER on an 'AS-IS' basis as described above and without any
specific system uptime, outages or other technical problems as it provides its
services on an 'BEST EFFORT' basis.
b. In case of a major system outage or
technical problem, NET4MEDIX shall inform the MEDICAL USER within a reasonable
time and on a 'BEST EFFORT' basis and try to resolve the problem. In case of an
extended repair period required, NET4MEDIX shall periodically update MEDICAL
PROVIDER about status of the system as and when necessary.
9. PRIVACY:
a. NET4MEDIX states that patient or
doctors data won't be intentionally and deliberately shared with or sold to any
third party without prior written permission of the MEDICAL PROVIDER and/or the
patient. However, MEDICAL PROVIDER expressly consents and gives a world-wide
royalty free license so that NET4MEDIX can anonymize (i.e., any data where
individuals name and contact details are redacted or changed) and share it with
anybody without any permission from MEDICAL PROVIDER or USERs of MEDICAL
PROVIDER's services through NET4MEDIX.
b. Because of technical problems
sometimes it may happen that some user can see any other user's data, however NET4MEDIX
will make best efforts to avoid this situation.
c. NET4MEDIX reserves right to share,
assign, sell or license statistical, anonymized data.
d. NET4MEDIX's liability for any
hacking, misuse, theft of information or any other frauds or wrongful
release/use of NET4MEDIX or its patients data, shall not exceed the fee paid by
MEDICAL PROVIDER in one calendar year before the date of such claim.
e. NET4MEDIX's 'Privacy Policy'
(Available here) is incorporated here by reference
and is accepted by MEDICAL PROVIDER. MEDICAL PROVIDER agrees that NET4MEDIX in
its sole discretion can modify, update or cancel the Privacy Policy without any
advance notice to anyone.
10. CLIENTS:
a. CLIENTS of MEDICAL PROVIDER and
MEDICAL PROVIDER will be bound by Terms of Service for their limited use of NET4MEDIX's
Services for communication channel purpose only.
CLIENTS shall enter into a separate
contract for services of MEDICAL PROVIDER for their medical needs or otherwise.
NET4MEDIX shall not be associated with this contract and shall have no
liabitlity direct or indirect for any contract between MEDICAL PROVIDER and
CLIENTS. '
11. CONFIDENTIALITY:
a. The term CONFIDENTIAL INFORMATION
shall include but not be limited to any written, printed or stored data,
information, photos, plans, drawings or information in any format , tangible or
intangible, that is related in anyway with the business of the 'or whenever and however disclosed.
CONFIDENTIAL MEDICAL PROVIDER INFORMATION shall include oral conversations that
are: (1) Reduced to writing within a period of 30 (Thirty) days from the date
of disclosure and informed as being confidential to the NET4MEDIX, and/or (2)
is reasonably understood to be confidential by the NET4MEDIX or USER
b. The NET4MEDIX and MEDICAL PROVIDER undertake
to maintain confidentiality of all CONFIDENTIAL INFORMATION that is: (1) marked
as confidential by NET4MEDIX or (2) is reasonable for the CLIENT to understand
it to be confidential.
c. CONFIDENTIAL information shall not
include any information that the NET4MEDIX can establish by credible evidence
that: (1) is in public domain before the date of disclosure, (2) becomes
available to the public from source other than the NET4MEDIX and without fault
or failure of the USER, or (3) required to be disclosed by a competent judicial
or administrative authority under a statutory power.
12. NO WARRANTY OF MERCHANTABILITY OR
FITNESS:
a. NET4MEDIX offers no warranty of
merchantability or fitness of its services for any purpose.
b. NET4MEDIX service is offered on an
'AS IS' basis and 'Best Effort' in providing the service and no performance
guarantees whatsoever.
13. INTEGRATION:
a. This Agreement represents the
complete agreement between the parties and supersedes any earlier arrangement or
understanding which are not made part of this agreement.
14. AMENDMENT:
a. Any amendment to this agreement shall
be made in writing, be executed by both parties by mutual agreement of the
parties.
15. DISPUTE RESOLUTION:
a. Any disputes arising or related to
this agreement shall be submitted to arbitration under the Arbitration and
Conciliation Act, 1996. The arbitration shall be conducted by 1 (ONE)
arbitrator who shall be chosen by mutual agreement. The cost of arbitration
will be shared equally by the parties to the arbitration. The venue of
arbitration shall be within Pune municipal limits.
16. APPLICABLE LAW:
a. The applicable law shall be that of
state of Maharashtra and India.