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Medical Worker

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Trust You have taken the time to create a world-class professional profile on SkinMinds. As a final stage before the profile goes live please go through the following terms and conditions that form the contract between us. We are happy to answer any questions you have 

Terms And Conditions Agreement

Doctor Details

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This Agreement is made between Anakta INC, a company registered in Delaware, USA and which is an 'intermediary' platform as defined under the Information Technology Act, 2000 of India and operating under the brand name of Skin Minds to attempt to connect individuals seeking Medical Services (Users) with Medical Service Providers. (hereinafter referred to as “SM” which expression shall mean and include its representatives, successors- in–office, affiliates and assigns) on the ONE PART; AND

 

The USER (hereinafter referred to as the Medical Service Provider) who is a doctor by profession, and is eligible to practice medicine in India under a valid registration with the medical council, who agrees to provide requisite medical services to patients after receiving the payment through platform and is desirous of listing himself/ herself and his/her clinic/ place of practice on the SM platform, details of which are provided at the time of registration by the user, so as to provide medical, surgical and other treatment services to the users of SM platform.

 

1.Eligibility

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 The Medical Service Provider has represented that he/she fulfils the eligibility criteria to practice medicine as per the Medical Council of India, state councils and other regulatory authorities and is practicing in compliance with all applicable laws for the provision of medical services to the users of the Portal.

 

2. Services

 

The Medical Service Provider represents and warrants that he/she is either a Specialist in a particular field of medicine and/ or has gained expertise through in-depth experience to treat patients with a particular health condition through the provision of a “Treatment Package “or “Consultation”. Medical Service Provider has all requisite knowledge, regulatory and legal authority to deliver and perform the obligations imposed herein.

 

Treatment Package is a set of services for the comprehensive management of a medical or health condition that includes multiple aspects, including but not limited to

  1.  Screening

  2. Initial work up

  3. Diagnosis and treatment plan

  4. Prescription and Monitoring

  5. Provision of medicines, medical devices and supplements

  6. Nutrition and Lifestyle modification

  7. Any associated medical or surgical procedure

 

These Treatment Packages are as per the recommended medical protocols for the indication and as per all applicable regulations.

 

3. Role of SM

 

WHEREAS SM owns and operates an online medical services market place platform called “www.SkinMinds.com ” which is an online booking platform, and any upgrades from time to time and any other software, that enables the use of the application or such other URL as may be specifically provided by SM (“Platform”) that lists and aggregates the medical service providers and support staff registered with it.

 

The marketplace platform allows Medical Service Providers to communicate with users ) and list their services, including  “Treatment Packages” and “Consultations” for specific medical conditions as well as source Support staff, and Software. SM does not in any way own any Service facility or control the Medical Service Provider or the Support Staff used by a Medical Service Provider in rendering the said Service to the User. SM role is limited to solely managing and operating the Portal for the display of the Service, payment collection in order to facilitate the transactions between the Medical Service Provider and the Users.

 

4. Relationship

 

AND WHEREAS on the basis of the representations and warranties provided by the Medical Service Provider, SM has agreed to list the Medical Service Provider on the Platform (“SM Platform”) to enable the Medical Service Provider to provide Treatment Packages and Consultations (“ Services”) through ‘SM Platform’ in accordance with the terms and conditions as hereinafter provided and available in full detail online at www.skinminds.com/mspterms.

 

SM is an intermediary providing online marketplace services and the Portal is only a platform where Medical Service Provider shall offer Service to the Users. The contract for availing the Services shall be a contract solely between Medical Service Provider and the User. At no time shall SM have any obligations or liabilities in respect of such a contract.

 

5. Term

 

This Agreement shall be valid for a period of 12 (twelve) months and shall be renewed automatically, unless otherwise agreed between the Parties. Either party can terminate this Agreement with a 30 days’ notice provided in writing.

 

6. Commercials

 

In consideration of SM providing the Medical Service Provider’s and the Treatment Package information on the Portal, and for facilitating the Medical Service Provider to provide Medical Services through the Platform, various payments, more specifically set out in the Commercial Terms between the Medical Service Provider and SM (“Fees”) shall be settled in the manner and paid in the manner set out in the Commercial Terms mutually agreed by SM and the Medical Service Provider in writing.

 

The Medical Service Provider shall be responsible for all expenses and taxes related to providing the Services under this Agreement.

 

7. Independent Contractor Status

 

During the Term of this Agreement, the Medical Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of SM. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Medical Service Provider and SM at any time, under any circumstances or for any purpose.

 

The Medical Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of SM. The Medical Service Provider does not have the authority to create, modify or terminate a contractual relationship(s) between SM and any third party or act for or bind SM in any respect.

 

8. Licenses and Insurance

 

The Medical Service Provider represents and warrants that all his employees and associated personnel shall comply with applicable Central, state, and local laws requirements related to licenses, permits, and certificates necessary to perform the Services under this Agreement.

 

Medical service provider shall at all times maintain an active Professional indemnity and Malpractice insurance, the coverage of which shall also extend to the Services provided under this agreement. Medical Services Provider shall not provide any Services under this agreement without appropriate insurance coverage.

 

9.Disclaimer

 

SM disclaims and shall disclaim all representations and warranties to the Medical Service Provider, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the SM platform, App, Software, Support Staff or the facilities provided through SM and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of their use and access.

 

To the extent permissible under applicable laws, SM disclaims and shall disclaim any and all liabilities that may accrue as a consequence of the breach by the Medical Service Provider (a) of the applicable laws in respect of the Services provided to the users; (b) of the terms of the applicable licenses and permits that are issued by the competent authorities; or (c) of the duty of care the Medical Service Provider owes to the users of SM.

 

10. Disputes

 

If any dispute arises under this Agreement, the Medical Service Provider and the SM shall negotiate in good faith to settle such dispute. If the parties cannot resolve such disputes themselves, then either party may submit the dispute to mediation by a mediator approved by both parties. If the parties cannot agree with any mediator or if either party does not wish to abide by any decision of the mediator, they shall submit the dispute to arbitration in India, before a single arbitrator in accordance with the London Court of International Arbitration, India Arbitration Rules (LCIA Rules), which LCIA Rules are deemed to be incorporated by reference into this Agreement. The venue of such arbitration shall be Mumbai, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

 

The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement. This agreement is subject to the exclusive jurisdiction of the courts of Mumbai, India.

 

 

11. Legal Notice.

 

All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in-person or emailed to the registered email ID or sent by registered post with acknowledgement due:

 

If to SM

Postal Address: 508, Lodha Supremus II, Wagle Estate, Thane West 400604. MH. India

Registered Email: legal@heylth.com

 

If to Medical Service Provider

At the Postal Address and Registered Email provided during registration on the SM platform.

 

12. Termination

 

Either party can terminate this agreement with 30 days prior notice in writing. Termination will be additionally subject to terms and conditions mentioned in Exhibit A.

 

13. Indemnification.

 

Medical Service Provider shall release, defend, indemnify, and hold harmless SM and its officers, agents, successors and employees from all suits, actions, or claims of any character, name, or description including reasonable attorney fees, brought on account of any injuries or damage, or loss (real or alleged) received or sustained by any person, persons, or property, arising out of services provided under this Agreement or Medical Service Provider’s failure to perform or comply with any requirements of this Agreement including, but not limited to any claims for personal injury, malpractice, property damage, or infringement of copyright, patent, or other proprietary rights.

 

14. Confidentiality & Proprietary Information.

 

The Medical Service Provider will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of the SM without the SM's prior written permission except to the extent necessary to perform the Services on the Client's behalf and under similar confidentiality obligations.

 

15. Assignment and Delegation.

 

The Medical Service Provider may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subcontractor ("Subcontractor") purely for the purpose of assisting with the delivery of the Services. The Medical Service Provider recognizes that they shall be liable for all work performed by the Subcontractor and all terms and conditions under this agreement that apply to the Medical Service Provider will also apply to the subcontractor.

 

16. Governing Law.

 

This Agreement shall be governed under the laws of India and subject to the exclusive jurisdiction of the courts in Mumbai.

 

17. Severability and Waivers

 

This Agreement shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.

 

The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

18. Entire Agreement.

 

This Agreement, along with any attachments, hyperlinks or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between SM and Medical Service Provider.

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19. Digital Contract

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The Medical Service Provider understands that by submitting his/her details below and clicking the I Accept button, he/ she confirms

a) having read, understood and accepted this agreement and the detailed terms and conditions fully 

b) is entering in to this agreement of his/her free will

c) an opportunity to discuss the terms of the agreement was available, in case requested

d) This constitutes a legal agreement between the Medical Service Provider and SM

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