ASK-DOCTORS.COM SERVICE AGREEMENT FOR DOCTORS
Effective Date: 25th November, 2024
This Service Agreement ("Agreement") is entered into by and between SWISS AYURVEDA PRIVATE LIMITED ("Company"), registered in India under CIN U86901MP2024PTC073695, with its registered office at H. No. 186, Bhel, Bhopal, Huzur, Madhya Pradesh, India, 462022, and the Doctor ("Practitioner"), who registers on the Platform to provide medical consultations.
By registering as a Doctor on Ask-Doctors.com ("Platform"), you agree to the terms outlined in this Agreement. If you do not agree, you must discontinue use immediately.
1. Nature of Engagement
- The Company provides an IT-based communication platform to connect Users and independent medical professionals (Doctors) to facilitate all allopathic advisory and wellness.
- The Company does not employ, supervise, or control Doctors in the practice of medicine.
- The Doctor operates as an independent service provider and is solely responsible for the accuracy, appropriateness, and consequences of consultations provided on the Platform.
2. Doctor Obligations
- Provide accurate and truthful professional credentials, including a valid medical license.
- Maintain compliance with all applicable laws and regulations governing medical practice.
- Offer honest, ethical, and evidence-based wellness advisory.
- Not provide any prescriptions, diagnoses, or medical interventions that exceed the legal scope of their practice.
- Ensure that all user communications remain confidential and professional.
- Comply with relevant provisions of the Digital Personal Data Protection Act, 2023 (DPDPA) concerning patient confidentiality and data protection.
3. Verification and Compliance
- The Company reviews submitted documents (licenses, certifications, etc.) but does not provide an official endorsement of a Doctor’s skills or qualifications.
- The Doctor bears full legal responsibility for the legitimacy of submitted credentials.
- The Company reserves the right to suspend or terminate a Doctor’s access in cases of misconduct, misrepresentation, or violation of legal standards.
- Any legal consequences arising from fraudulent credentials, malpractice, or misrepresentation shall be the sole responsibility of the Doctor.
4. Payments and Revenue Sharing
- The Platform facilitates both paid and free consultations.
- Users make payments through the Platform’s integrated payment system.
- The Company retains a commission from each paid consultation before transferring the remaining amount to the Doctor.
- Doctors must provide valid banking details for revenue disbursement.
- The Company is not responsible for taxation, reporting, or regulatory compliance concerning the Doctor’s income, which must be handled independently by the Doctor.
5. No Employer-Employee Relationship
- This Agreement does not establish an employment relationship between the Company and the Doctor.
- The Doctor bears all professional liabilities associated with their practice, including medical malpractice.
- The Company shall not be held liable for medical malpractice, negligence, or disputes between the Doctor and Users.
- The Company is only a technology intermediary and does not assume responsibility for the medical outcomes of the wellness advisory.
6. Confidentiality and Data Protection
- Doctors must comply with all data protection laws , including the DPDPA concerning patient confidentiality and the protection of personal data.
- The Doctor must not share, sell, or misuse user data obtained through the Platform.
- The Company maintains a strict Privacy Policy that governs the collection, storage, and processing of data, which must be adhered to by the Doctor.
- Any breach of patient data or unauthorized sharing of information will result in termination of the Doctor’s access to the Platform.
7. Termination and Suspension
- The Company reserves the right to suspend or terminate a Doctor’s access for:
- Providing false credentials or misleading information.
- Engaging in unethical or illegal consultation practices.
- Violating data protection policies or misusing user information.
- Failing to maintain an active professional license.
- The Doctor may terminate their association by providing written notice to the Company.
8. Limitation of Liability
- The Company is not liable for any medical advice, diagnosis, or treatment provided by Doctors.
- The Doctor assumes full responsibility for their actions and the consequences thereof, including any adverse health outcomes resulting from their wellness advisory.
- The Company does not guarantee a minimum number of consultations, earnings, or patient engagement for the Doctor.
- The Company does not guarantee the effectiveness of wellness advisory and cannot be held responsible for medical errors or misjudgements made during consultations.
9. Governing Law and Dispute Resolution
- This Agreement shall be governed by the laws of India.
- Any disputes shall be resolved through negotiation and arbitration under the jurisdiction of courts in India.
- Doctors must comply with all Indian legal and regulatory requirements, including those under the Medical Council of India (MCI) guidelines, and relevant state laws.
10. Amendments and Modifications
- The Company reserves the right to modify this Agreement at any time.
- Continued use of the Platform by the Doctor constitutes acceptance of the updated terms.
- The Doctor will be notified of any significant changes through the Platform or via email.
11. Contact Information
For inquiries, contact us at info@ask-doctors.com.