Terms for Patient

THE FOLLOWING TERMS AND CONDITIONS (“T&C”) GOVERN YOUR ACCESS TO AND USE OF DOCTIME APP/WEBSITE (THE “PLATFORM”). THESE TERMS AND CONDITIONS CREATE A CONTRACT BETWEEN YOU AND DOCTIME LIMITED. IF YOU ARE UNDER THE AGE OF 18, YOU HEREBY CONFIRM THAT YOU HAVE YOUR PARENTS’ OR LEGAL GUARDIAN’S PERMISSION TO USE THE PLATFORM. PLEASE READ THESE T&C CAREFULLY BEFORE YOU START USING THIS PLATFORM. BY CLICKING “AGREE/ACCEPT” YOU AGREE TO BE BOUND BY THESE T&C AT ALL TIMES. NON-ACCEPTANCE OF THE T&CS SHALL DISALLOW YOU TO USE THE PLATFORM.

If you have any questions regarding the PLATFORM or the T & C please contact us here. You hereby undertake, warrant, agree and/or understand that:-

THE SERVICES

The PLATFORM constitutes a technology platform that facilitates healthcare and health-related services by Registered Veterinarian Doctors (“the Doctor”), to those in need to medical care/service (“Patients”) directly, using information and communication technologies (“the Services”/ “Telemedicine”). Users of the DocTime Vet mobile application are able to access the Services via the Platform, subject to terms and conditions provided herein and applicable laws. It is hereby acknowledged by you that DocTime Vet does not provide the healthcare and health-related services or function as a Doctor/healthcare professional and that all such healthcare and health-related services are provided by independent third-party Doctors who are not employed by DocTime Vet or any of its affiliates. The PLATFORM allows you, the Patient/End-User to obtain services from Doctors who would provide health education, counselling related to a specific clinical condition, and/or prescribe medication, whichever option is deemed appropriate at the professional discretion of the Doctor, and Doctors are providing consultation as per the applicable guideline of Bangladesh Veterinary Association, Bangladesh Veterinary Association Code of Professional Conduct, Etiquette and Ethics (“the Code of Conduct”), laws, rules, regulations and direction related to the medical professional services. Additionally, the Doctors would abide by relevant provisions of the Information and Communication Technology Act, 2006, the Digital Security Act 2018, or any applicable rules enacted from time to time for protecting the Patient’s privacy and confidentiality and regarding the handling and transfer of such personal information of the Patient to third parties. The Doctors shall pursue sound medical practice to perform the Services and shall follow norms and protocols relating to the Doctor-Patient relationship, evaluation, management and treatment, informed consent, continuity of care, referral for emergency services, medical records, privacy and security of the Patient records and exchange of information, prescription, and reimbursement, health education, counseling, etc. in accordance with the Guidelines, Code of Conduct and such other laws and regulations are applicable to veterinary medical professionals in Bangladesh. Subject to your compliance with these T&C, Doctime Vet grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and uses the Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by Doctime Vet and Doctime Vet’s licensors. Note that Telemedicine may not be suitable for emergency situations, in which case it is incumbent upon you to visit in-person care at the soonest. Registered Doctors will only be able to give you first-aid solutions, guidance, and counseling prior to the in-person interaction and refer the Patient to in-person care. In the event that you rely on the Services provided on the PLATFORM to address an emergency situation, DocTime Vet or the Doctor shall not be liable for any loss and damages, including loss of life or limb, caused by such reliance.

REGISTRATION

In creating an account by registering and accessing to the PLATFORM, you represent that you are over the age of 18 and not barred from using the PLATFORM under applicable law. If you are a minor, you hereby confirm that you have your parent or legal guardian reviewed and accepted these T&Cs and granted you permission to use the PLATFORM. You represent and warrant that all information (full name, gender, birth date, active mobile number, email address) and profile picture provided by you to register with the PLATFORM are accurate, updated and shall remain valid at all times. This information will be held and used in accordance with our Privacy Policy, which can be found at (“Privacy Policy”). By registering with the PLATFORM you agree to abide by the T&C at all times, to use the PLATFORM in accordance with the laws of Bangladesh, and refrain from abusing the PLATFORM in any way. You further acknowledge and agree that you would not access or use the PLATFORM using any automated software. Attempts to breach the security of the PLATFORM on any computer or mobile network or access an account that does not belong to you on the PLATFORM is strictly prohibited. To prevent fraud or abuse, only one registered account per device is allowed. Any attempt to create additional accounts shall be invalid. The PLATFORM is in no event liable for any technical glitches or security breaches beyond the PLATFORM’s control. To seek a Doctor’s consultation, you would initiate a consultation on the App/Website (“Initiation Request”). By initiating the consultation using the Services, you consent to the delivery of medical services by the Doctors using Telemedicine facilities on the Platform and agree that the Doctors would have access to your phone number, allowing them to continue the consultation if there is a communication issue (i.e. internet issue or call dropped).

MEDICAL SERVICES DISCLAIMER.

You acknowledge and understand that the Platform is not suitable to be used as the sole consultation method in potential or actual medical emergencies. If a medical condition requires a particular protocol to diagnose and prescribe as in the case of an in-person consult then the same prevailing principle will be applicable to a Telemedicine consult. You agree and acknowledged that any decisions or actions affecting your own health, your fetus, your child/ren, or your family’s health or safety is based on the advice you received from a Doctor, and the PLATFORM does not guarantee or is responsible for the quality and accuracy of such advice.

TERMS OF USE

The PLATFORM is an online platform that connects Doctors with Patients, and the PLATFORM may only be used for personal and non-commercial purposes in accordance with this T&C. No formal medical diagnosis or treatments are provided on the PLATFORM and all information provided on or through the PLATFORM or in connection with any communications through the PLATFORM, including, but not limited to communications with doctors or registered medical Doctors (collectively referred to as "Registered Doctors") providing private online consultations (a "Consultation") on the PLATFORM is intended to be for general information purposes only. The PLATFORM is not to be used for medical emergencies, and reliance on any information provided including the credentials of the Doctors on the PLATFORM is solely at your own risk. You may speak directly to your Doctor for a private consultation over the PLATFORM. The Doctor may, at his/her discretion adopt any one or more of the following Patient management mechanisms to address the complaints: Provide health education as appropriate in the case; and/or provide counseling/consultation related to specific clinical conditions, including advice related to new investigations that need to be carried out before the next consulting session; and/or provide specific treatment by prescribing medicines as in List O (which are over-the-counter drugs or others as notified) of the Guidelines. Additional medicines (as per List A of the Guidelines) can also be prescribed if the ongoing teleconsultation is on video. If deemed appropriate by the Doctor in his/her professional judgment, s/he may also advise the Patient for an in-person consultation. Participation in the private online consultation on the PLATFORM does not constitute the Doctor as your primary care doctor and you agree not to use the PLATFORM as a substitute for interactions with your personal/family doctor. Your choice and satisfaction of the Doctor’s suitability, credentials, and/or license or qualification, and the verification of the accuracy of the information provided via the PLATFORM is your sole responsibility and the PLATFORM is not liable for any non-delivery and/or unsatisfactory outcomes. You understand, acknowledge, and agree that the Doctor may ask you to provide relevant information (complaints, information about any other consultations for the same problem, available investigation and medication details, if any), and in providing information to the Doctor, you will ensure accuracy of the same. The Doctors are solely responsible and liable for all prescriptions issued including the accuracy of information provided through the PLATFORM following a consultation. The Doctor is solely responsible for determining the need for further face-to-face consultation and that in under no circumstance shall the PLATFORM be liable for any misdiagnosis, acts or omissions of the Doctor. The PLATFORM is not accountable, responsible or does not provide any protection for any user interaction/s that take place beyond the PLATFORM. The PLATFORM reserves the right and retains the sole discretion to keep or remove any Doctor's profile on the PLATFORM at any time; and to incorporate or make available (as applicable) user reviews on Doctor at any given time for the purposes of enhancing service quality and equipping you with the information to allow you to make informed decision/s. The procedures, products, services, and devices discussed and/or advertised on the PLATFORM are for the purposes of awareness only, do not necessarily guarantee or imply appropriateness for any particular individual or prediction of viability, effectiveness, outcome or success of such products, services and devices and that the PLATFORM does not endorse the efficacy or accuracy of the same. It is your sole responsibility to verify the related information and taking any independent external expert advice and that the subscription or availing of such procedures, products, services, and devices is at your own risk. All information provided over the PLATFORM are provided "as is" and that the PLATFORM or any person associated with the PLATFORM makes no express or implied warranties on the validity of the practicing licenses of the Doctors or the accuracy of the contents of the PLATFORM, including but not limited to the information shared in the public through question and answers, private consultations, advertisements, etc., and that the respective authors are solely responsible for their respective statements made in the PLATFORM, merchantability, fitness for a particular purpose and non-infringement with respect to the completeness, security, reliability, quality, accuracy or availability of the PLATFORM. In no event shall the PLATFORM, its affiliates or their licensors, service providers, employees, agents, officers, or any other associated person, be liable for damages of any kind, under any law, arising out of or in connection with your use of the PLATFORM or any PLATFORM linked to it. Any content on the PLATFORM or such other PLATFORM or any services obtained through the PLATFORM or any PLATFORM linked to it, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to loss of revenue, profits, business or savings, loss of use, goodwill, data or etc., does not affect any liability which cannot be excluded or limited under applicable law. The PLATFORM is viewed and accessible worldwide and the PLATFORM may contain information or references to products or services which may not be applicable, available or approved in all countries. Such information and references do not imply that the same is applicable, appropriate, or available to all persons in all locations or that such product or service is intended or may be made available in such locations. Rude, indecent, abusive or improper or profane language, threatening, harassing, bullying, derogatory, discriminatory, defamatory, fraudulent comments, hate speech or remarks or messages communicated over the PLATFORM to intimidate other users or any behaviour which may potentially damage the name or reputation of the PLATFORM shall result in suspension of your account. You shall refrain from taking any action which is intended to, could potentially or would reasonably be expected to harm the PLATFORM’s reputation or lead to unwanted or unfavorable publicity of the PLATFORM. The PLATFORM retains the right, at its sole discretion to temporarily disable your account, subject to assigning an appropriate reason including security issues, reported improper behavior, or any other reason whatsoever. Any attempts to publish or send malicious content with the intent to compromise other user’s accounts or the Platform’s UX environment is strictly prohibited and may result in the suspension of your account. Publishing or posting other people's private and confidential information or engaging in such activities may result in the suspension of your account. The PLATFORM shall for its marketing and promotional purpose, preserve, use, and share with third parties (without disclosing your identification) the information or data generated from the PLATFORM.

TRANSFER/USE OF INFORMATION.

By accepting these Terms and Conditions, you consent to the sharing or transfer of any information provided by you on the PLATFORM to any entities or related companies or subsidiaries of the PLATFORM, in Bangladesh or outside Bangladesh, in accordance with applicable laws. Subject to confidentiality, the Patient hereby permits the exchange and transmission of Patient complaints, supplementary data including images, lab reports and/or radiological investigation or such other information and documents, relevant for diagnosis, medication, health education and counseling. You further acknowledge that any information you share on the Platform can be forwarded to different parties, including to Doctors, by DocTime Vet, solely for the purpose of the Services and improving the quality of Services. You understand and acknowledge that your acceptance of this T&C, and initiation of a consultation session, shall be construed as explicit consent for Telemedicine consultation and collection, use or processing of personal information or health information by DocTime Vet and Doctors on the Platform that are provided by you and are recorded on the App/Website, before, during or after the consultation. Refer to our Privacy Policy for more details. The Patient has a right to inspect all information obtained and recorded in the course of a Telemedicine interaction and may receive copies of this information for a reasonable fee.

PAYMENTS

The PLATFORM shall solely handle all financial transactions against the Services. No payments for the Services will be made other than on PLATFORM’s payment gateway. Where there is a consultation fee, the Patients must pay the consultation fee and VAT before joining the doctor queue for consultation. Where there is no consultation fee, the Patients will not be required to make any payment and they will be directly transferred to the doctor consultation queue. Once the Patient has made the payment and joined the queue, s/he will not be able to cancel the payment except as provided herein.

REFUND AND CANCELLATION

If the wait time in the queue is more than 60 minutes, customers can cancel the consultation and a refund will be made deducting a small payment processing fee. If a doctor can not consult a Patient due to any reason within 60 minutes of Initiation Request, the user will get a full refund. If a Patient cancels a consultation prior to the video call of the Doctor after acceptance by the Doctor of the Patient’s request before the expiry of 60 minutes from the Initiation Request, a 5% fee will be deducted and the remaining fee will be refunded to the Patient. There may be additional charges to make the refund. For example, if the user wants the money to be refunded to bKash, bKash transaction fee will be deducted. For any cancellation and refund please email to: refund@doctime.com.bd The refund process may take up to 14 working days.

INDEMNITY

You agree to release, defend, indemnify, and hold the PLATFORM or any person associated with the PLATFORM including its respective affiliates, service providers, owners, partners, directors, officers, agents and employees (collectively as “Indemnified Parties”) free and harmless from and against any claims, liens, demands, causes of action and all losses to the extent arising from or in connection with any or all of: (a) your breach or violation of any of these T&C; (b) any intellectual property rights infringement including but not limited to copyrights, trademarks or any other rights; loss, damages, expenses, fines, fees or liability brought or instituted by a third party against the PLATFORM which is caused or contributed to by you through your use of the PLATFORM or the negligence or wilful misconduct of yourself; (c) any violation or alleged violation of any law, including breach of Digital Security Act, 2018; (d) your violation of the rights of any third party, including third party partners. The PLATFORM or any person associated with the PLATFORM, is not liable for any personal injury, including death, attributable to or caused by your use or misuse of the PLATFORM, to the fullest extent permissible by law.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DOCTIME VET OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES INCLUDING LOSS OF PROFITS, INCURRED BY THE OTHER PARTY, PATIENT, ANY END-USER, OF THE PLATFORM OR ANY OTHER THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, IN CONNECTION WITH OR UNDER THESE T & C, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOCTIME VET SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i)YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND DOCTOR OR YOU AND ANY THIRD PARTY. IN NO EVENT SHALL DOCTIME VET’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSE OF ACTION EXCEED ONE THOUSAND BANGLADESHI TAKA.

DISCLAIMER

USE OF THE PLATFORM IS AT YOUR OWN RISK. THE APP/WEBSITE IS PROVIDED ON AN “AS IS'' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) DOCTIME VET DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP/WEBSITE, AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, TITLE ARE, AS BETWEEN DOCTIME VET AND YOU, HEREBY EXCLUDED, IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, DOCTIME VET ACCEPTS NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE PLATFORM, OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE PLATFORM. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

INTELLECTUAL PROPERTY RIGHTS

PLATFORM and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection and arrangement thereof) are owned by DocTime Vet, its licensors, and other providers of such material. You must not: a) modify copies of any materials from the PLATFORM; b) use any illustration, photographs, video or audio sequences or any graphics separately from the accompanying text; c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform; and d) reverse-engineer or otherwise attempt to steal the software/application code of the PLATFORM. Any use of the PLATFORM not expressly permitted by the T&C is a breach of these T&C and may violate copyright, trademark, and other laws and you will be liable to loss, damages and indemnify and hold harmless DocTime Vet and any other third party for such breach of copyright, trademark or other intellectual property rights.

MODIFICATION OF T&C.

The PLATFORM reserves the right, at its sole discretion, to change, modify or otherwise alter these T & C at any time, by posting the updated T&C on the PLATFORM. It is your sole responsibility to check for any such changes, modifications or alterations made to the T&C and to familiarize yourself with it. Continued use of the PLATFORM shall be deemed as your assent to be bound by the T&C. If you do not wish to be bound by the updated T&C, you shall log out and discontinue the use of PLATFORM.

WAIVER.

Non-exercise or failure to exercise or delay in exercising any right or provision of the T&C, shall not constitute a waiver of such right or provision by DocTime Vet.

SEVERABILITY.

If any part of these T&C is determined to be illegal, invalid, frustrated, or unenforceable, for any reason, then, insofar as is practical and feasible, the remaining portions of the T&C shall be deemed to be in full force and effect as if such invalid portions were not contained herein.

TERMINATION

You may end your legal agreement with DocTime Vet at any time by deactivating your accounts and discontinuing your use of the PLATFORM. DocTime Vet may suspend or terminate your account or cease providing you with all or part of the Services at any time for reasons including but not limited to (i) your violation of these T & C; (ii) you create risk of possible legal exposure for DocTime Vet by your use of the Services; (iii) prolonged inactivity on your account; or (iv) DocTime Vet’s provision of the Services to you is no longer commercially viable. DocTime Vet will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. Depending on the circumstances, in all such cases, the relationship shall terminate, including without limitation your licence to use the Services, except that the accrued rights of DocTime Vet, the Doctors, and Patients, until the termination of the T&C, in respect of the Services, shall continue to remain valid.

DISPUTE RESOLUTION

The PLATFORM encourages amicable settlement of any conflict/s that might arise among you, the PLATFORM or any other user including the Registered Doctors. Any such conflict shall be resolved with the assistance or involvement of the PLATFORM. For addressing any grievances, or any other issues, or transaction disputes you are encouraged to report the same to Customer Support here [INSERT LINK] (“Dispute Notice”). On service of the Dispute Notice, DocTime Vet and you will attempt in good faith to resolve the dispute. If the dispute cannot be resolved by consultation within 28 (twenty-eight) days from the date of commencement of such consultation, then DocTime Vet and you will jointly engage a mediator. The procedure for the mediation shall be in accordance with section 89A of the Code of Civil Procedure, 1908. If either DocTime Vet or you fail or refuse to agree to or participate in the mediation procedure or if in any event the dispute or difference is not resolved to the satisfaction of both parties within 30 (thirty) days after it has been referred, the matter shall be referred for arbitration and settled in accordance with the Arbitration Act, 2001. The decision of the arbitrator of the arbitral tribunal will be final and binding upon the Parties. Each Party shall bear the costs of arbitration. The venue for arbitration shall be Dhaka and the proceedings of arbitration shall be held in the English language.

GOVERNING LAW AND JURISDICTION

This T&C shall be governed by and construed in accordance with the laws of Bangladesh. The courts of Bangladesh shall have exclusive jurisdiction in relation to all disputes or matters arising hereunder, and the parties irrevocably submit themselves to the exclusive jurisdiction of the courts in Bangladesh, for the resolution of any disputes arising under or in connection with this Agreement.