TERMS AND CONDITIONS FOR FACILITIES
Last updated: 11 January 2019
These Terms and Conditions is the binding legal agreement between Practitioner and Integrated Digital Healthcare System Ltd, registered in the UK under Registration No 10182013, having its business address at Kemp House, 160 City Road, London, EC1V 2NX (“iDHS.HealthWise”).
For the purpose of these Terms, the term “Practitioner” means a medical practitioner, health care provider, medical doctors, dentist, pharmacists, chiropractor, clinical psychologist, optometrist, nurse practitioner, nurse-midwife, physiotherapist and other Allied healthcare sectors (whether an individual professional or an organisation), or similar institution, which is listed on the website https://www.idhshealthwise.com/ (the “Website”), being owned and operated by iDHS.HealthWise.
iDHS.HealthWise reserves the right to change these Terms and Conditions and any other document applicable to Practitioners. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions.
ABOUT OUR SERVICES
As part of iDHS.HealthWise, our Practitioners provide digital consultations via a secure platform. Consultations are conducted via audio and video calls. Each Practitioner communicates with a user directly and accepts or declines the date and time for consultation requested by the user. Subject to their compliance with applicable laws, Practitioners are able to prescribe medicines (except for Controlled Drugs) and recommend treatments.
iDHS.HealthWiseis only a platform on which a user may connect with a Practitioner. iDHS.Healthwise does not provide any medical or other consultation directly to the user. iDHS.HealthWise will not be a party between the user and a Practitioner.
Our Practitioners are selected by our Doctor Validation team, who have a right to refuse any candidate without any explanation based on the verification outcome from documentation provided. The process of selection and appointment of a practitioner starts with reviewing necessary documents and may include a final video interview.
All practitioners who wish to provide medical and healthcare services via the Website are required to complete an account sign up and registration process. Practitionersare required to provide (for verification purposes) evidence of their identity, licensure, registration and insurance by uploading such documents during the sign up process. Upon verification of the Practitioner’s identity and medical licence by our Doctor Validation team, the account would be activated and a notification email sent to the Practitioner. For any doctor account registration or validation query, please contact our Doctor Validation team at firstname.lastname@example.org
Once activated, the Practitioneris able to fully access their personal Dashboard on the Website. You agree to immediately update your personal details if any information changes. Each Practitioner must complete their personal profile information on the Dashboard as fully as possible in order to enable the Website users make informed choices when searching for a suitable healthcare professional. Each Practitionermust provide sufficient information about their experience, specialisation, education, location, etc. The Practitioner agrees to provide full, accurate and valid documents and information.
The Practitioner is required to upload the following:
- current photo;
- degree certificate;
- registration confirmation
- medical licence;
- indemnity insurance;
- proof of identity matching certificates and licences or proof of change of name where applicable.
Each Practitioner will need to confirm their area(s) of expertise and what the Practitioner can treat, details of their academic qualifications, length of experience, Licence/Registration number and expiry dates.
The Practitioner must set their availability (days and times he/she is available for consultation) in order to appear in user search results. The Practitioner may switch off their availability status if the Practitioner does not wish to appear in search results, for instance when he/she is away on leave or unreachable for certain period.
The Practitioner cannot register more than one account. If the Practitioner account has been suspended, blocked or terminated and/or is disputed, such Practitioner shall contact iDHS.HealthWise for preliminary written approval to open a new account.
For security reasons, please keep your password confidential and monitor your account for unauthorized third parties. If you identify or suspect any unauthorised use of your account, you should immediately notify us.
FEEDBACK FROM USERS
All users have the option to rate and provide feedback for the Practitioner following a consultation. These ratings may influence the user’s choice of whom to consult with. iDHS.HealthWise will not be responsible for any feedback left by the user. However, iDHS.HealthWise will investigate any dispute between the user and the Practitioner if the Practitioner or the user submits a claim to iDHS.HealthWise.
QUALIFICATION OF DOCTORS AND MEDICAL PROFESSIONALS
By submitting any and all documents and information to iDHS.HealthWise, you warrant and guarantee that you comply with the following requirements:
- you must be fully registered medical practitioners
- you must be registered with the General Medical Council or with other general medical council or institutions in your country of residence;
- you must have a track record of previous experience;
- you have IT skills sufficient to provide services to users and comply with our technical requirements;
- you will continue your professional development and renew registrations/licences before expiration;
- you will provide services by yourself and will not engage any third party to act on your behalf;
- you will perform all services with all due skill, care and diligence;
- you will follow the principles of medical ethics in your country and as globally accepted;
- you will ensure you keep any User medical and healthcare information in full confidence and take any necessary measures to secure such information against public disclosure or unauthorised access;
- you will ensure you have (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a 3G, 4G or similar connection to the Internet; (d) current versions of the software, browsers, plug-ins, or other computer applications and programs necessary for the Practitioner to perform services under these Terms; (e) a current version of a program that accurately reads and displays PDF files; and (f) a computer or device and an operating system capable of supporting all of the above;
- you will fully comply with applicable legislation in your Country of medical practise.
To the extent permissible by applicable law, iDHS.HealthWise may (but is not obliged to) supervise and control performance of services as needed to ensure user satisfaction. Such supervision and control may include recommendations, inspections, investigations and orders to suspend performance. iDHS.HealthWise may also suspend performance of services and terminate these Terms if the Practitioner fails to perform services under these Terms.
Upon termination of these Terms, the Practitionerwill immediately cease performing any services the Website.
PERFORMANCE OF SERVICES
Our Services can be accessed via internet enabled mobile device, laptop and computer.
Our Services are not designed for crisis or emergency situations other than to offer advice. In a crisis or in an emergency situation, the Practitioner shall immediately ask the user to call the local medical emergency service or go to the nearest hospital.
The Practitioner must not prescribe any Controlled Drugs and some other classes of drugs as required by applicable law. The Practitioner must request from the User and review all information provided from the User before providing diagnosis, where appropriate, and recommending treatment. The Practitioner must immediately inform the User if the Practitioner is not qualified to treat certain medical conditions, or if the User’s condition require a physical examination.
Practitioners are not allowed to print the records of the user from the Website.
iDHS.Healthwise is only a platform on which the User may connect with a Practitioner. iDHS.Healthwise does not provide any medical or other consultation directly to the User.
We operate in accordance with the laws of England and Wales. Our Services are accessible in other countries across the world. Our Services are provided in English.
The Services are regulated by the Care Quality Commission in the UK (its website is http://www.cqc.org.uk)
and the Practitioner must follow applicable laws and regulations.
The Practitioner is selected solely by the user. The user decides whether he/she would like to consult with a GP, Specialist or Allied Health professional and is able to search accordingly. The user may additionally search by specialisation, length of practise experience, user ratings and feedback and other criteria.
Depending on the user’s search criteria and needs, a list of Practitioners would be displayed and the user can select each one to view further information about the Practitioner.
When the user selects from the Practitioner’s available free appointment slot(s), the Practitioner may Accept, Cancel or Re-schedule the Appointment Request.
A Registered Practitioner who has not activated their visibility or availability status is unlikely to be displayed in search results. User may however contact a Practitioner via direct messaging on the Website to check availability.
Once the Practitioner has accepted the booking request, the Practitioner is expected to be online on or before the scheduled appointment.The Practitioner shall notify the User promptly in writing if the Practitioner fails to provide a consultation on schedule and shall reschedule the appointment, or cancel the appointment, or refer the user to another Practitioner in no less than 24 hours before the scheduled appointment.Any failure of the above may result in a financial penalty.
The Practitioner who fails to provide a consultation on schedule or act as instructed above is penalised the equivalent of 15% of the total charge of the booked consultation time.
REFUSAL OF SERVICES
The Practitioner may reasonably refuse to provide services to a user on the grounds of lack of necessary skills and expertise, unavailability or other reasonable excuse. The Practitioner agrees to notify the user if the Practitioner is not able to provide the services after the User schedules an appointment.
In the event that the Practitioner decides to discontinue an appointment during the consultation process, a suitable explanation must be given to the user and the reasons and details recorded in the user’s notes.
Where possible, the Practitioner agrees to refer the user to another Practitioner who has more suitable experience and sufficient skills to provide a consultation for such a user.
Our services are available only to registered users over 16 years old provided that they are able to use their credit or debit card for the payment of Charges. Children under 16 may have an account opened for them by a parent or legal guardian, and if the parent or legal guardian supervises the child’s use of our services at all times. If the Practitioner becomes aware that the user is under 16 years of age, the Practitioner must stop providing consultation and immediately notify iDHS.HealthWise.
RELATIONSHIPS BETWEEN PARTIES
The Practitioneris an independent contractor and will maintain complete control of and responsibility for their methods and operations. The Practitioner at no time will hold itself out as an agent, subsidiary or affiliate of iDHS.HealthWise for any purpose, including reporting to any government authority. These Terms will not be construed so as to create a partnership, other joint venture or undertaking, or any agency relationship between the parties and neither party shall become liable for any representation, act or omission of the other party or have the authority to contractually bind the other party.
Any fees, expenses or other amounts paid by iDHS.HealthWise to the Practitioner hereunder shall not be considered salary for pension or wage tax purposes and the Practitioner will not be entitled to any fringe benefits, including sick or vacation pay, or other supplemental benefits of the Practitioner, unless otherwise required by law. iDHS.HealthWise shall not be responsible for deducting or withholding from fees paid under these Terms.
The Practitionerwill be solely responsible for payment of any and all taxes and other fees that can be required by applicable law and associated with the services under these Terms.
The Practitioner is obligedto ensure that he/shehas sufficient medical indemnity and malpractice insurance to cover his/her practice.
The fees for Practitioner’s services are displayed on the Website. iDHS.HealthWise will pay Practitioners by BACs or Direct Bank transfer and Cheque (applies only in some Countries) within 14 days after the Practitioner submits a payment request on the Dashboard.
The Practitioner makes a payment request using their Timesheet Submission menu on the Dashboard. The Finance team reviews the payment request and processes the payment within 7 days.
The Practitioner must ensure to add the bank account details to his/her profile if the Practitionerwishes to receive payments directly into his/her bank account. It is the Practitioner’s responsibility to ensure that the information provided is accurate to avoid delay.
USE OF THE WEBSITE
You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms.You must not, without limitation:
• To perform criminal activity of any kind on the Website;
• Damage, disable, overburden or impair the Website, or interfere with any other party’s use of the Website or services;
• Attempt to gain unauthorised access to the Website, computer systems or networks connected to the Website by any means;
• Reproduce, duplicate, copy, sell, resell or exploit any portion of the Website;
• Upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages;
• Make available any materials containing viruses, bots or other code, files or programs designed to interfere, hinder or impair the operation of any computer, telecommunication equipment or software;
• Violate third party rights and/or cause harm in any way;
• Collect and store personal information of other users without their proper authorization.
COMMUNICATION BETWEEN USER AND PRACTITIONER
When communicating between each other, our Practitioners will follow these basics:
- Follow basic medical and general ethical principles;
- Be clear and use accurate grammar and spelling;
- Do not personally insult another person;
- Do not harass, threaten or attack anyone;
- Do not behave in any way that would cause annoyance or distress to other person;
- Do not use hateful, abusive, sexually explicit or threatening language;
- Make sure that you communicate from an environment void of interference, noise and intrusion.
If we have reasons to believe that your use of this Website is fraudulent and/or illegal, we are entitled in our sole discretion to block, suspend or terminate your access to the Website. If you have conducted any fraudulent and/or illegal activity, iDHS.HealthWise reserves the right to take any necessary legal action and you may be liable for monetary losses to iDHS.HealthWise.
INTELLECTUAL PROPERTY RIGHTS
The intellectual property contained in the Website (and any derivative works based on them) is confidential and/or proprietary information of iDHS.HealthWise, our affiliates or its licensors and is protected by copyright and other intellectual property rights. All title, ownership and intellectual property rights on the Website shall remain with iDHS.HealthWise, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by iDHS.HealthWise are hereby reserved.
You further acknowledge and agree that the Website are protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by iDHS.HealthWiseor the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or the Website, in whole or in part. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the services or the Website is expressly prohibited by law, and may result in severe civil and criminal penalties.
This Website may contain links to third party web sites ("linked sites"). The linked sites are not under the control of iDHS.HealthWise and we are not responsible for the content of any linked site. iDHS.HealthWise makes no representations regarding the content or appropriateness of content on such sites. When you access a linked site from this Website, you leave this Website and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions posted on the linked site.
The Practitioner hereby represents and warrants that:
(a) he/she has all authority, licenses, permits, and consents necessary to enter into and perform its obligations under these Terms, and will fully comply with all applicable laws and regulations in performing the services under these Terms;
(b) the services provided pursuant to these Termswill be performed in a timely and professional manner by the Practitioner individually, consistent with generally-accepted industry standards;
(c) he/she is an independent contractor, being an individual and not a group of individuals; and
(d) he/she is under no contractual or other restrictions or obligations which are inconsistent with the execution of these Terms, or, to its best knowledge, which will interfere with its performance of the services.
The Practitioner agrees to defend, indemnify, and hold harmless iDHS.HealthWise and our subsidiaries, affiliates, officers, agents, licensors, employees, partners or others involved in creating, sponsoring, promoting or otherwise making available the Website, providing services and data, from liability and claim for damages due to bodily injury, death, property damage, sickness, illness, disease, or expenses or losses from the Practitioner's performance under these Terms.
iDHS.HealthWise shall not be deemed to be in default of any provision hereof or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, civil or military authority, civil disturbance, war, terrorism, strikes, fires, other catastrophes, power or telecommunications failure or any other cause beyond its reasonable control.
Any notice or other communication given or made under or in connection with the matters contemplated by these Terms shall be in writing and sent electronically. Notice to the Practitioner deems to be received by such Practitioner if and when iDHS.HealthWise is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Practitioner, or immediately after we post such notice on an area of the Website that is publicly accessible without charge. You agree that all agreements, notices, demands, disclosures and other communications that iDHS.HealthWise sends to you electronically satisfy the legal requirement that such communication should be in writing.
INTERNATIONAL USE OF WEBSITE
The Website operates and can be accessed in many regions of the world. If you provide your services from outside the UK, the prevailing law within that jurisdiction would apply to your performance of the Services. Please contact us at email@example.com before you register on the Website to check whether a practitioner consultation services can be provided from your country.
iDHS.HealthWise makes no representation that the Website is appropriate or available for use in certain locations. If you access the Website from other locations, you do so at your own initiative and are responsible for compliance with local applicable laws and regulations.
Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.
If any provision of the Terms is held to be invalid, non-binding or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.
The failure of iDHS.HealthWise to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iDHS.HealthWise. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
iDHS.HealthWise may assign its rights and (where permissible by law) its obligations under these Terms, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of iDHS.HealthWise. You may not assign these Terms or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of iDHS.HealthWise.
To the extent permitted by law, these Terms and the provision of our Services shall be governed by and construed in accordance with the laws of England and Wales.
We welcome your feedback and constructive comments at any time via the contact form on the Website or email at firstname.lastname@example.org
Should you have any complaints or queries, please kindly send them to us at email@example.com
at the earliest for resolution. We aim to respond to your complaints and queries within 5 days of receipt. Please note that our FAQ sections are able to answer a majority of your questions.
To make a formal specific complaint, please kindly do so via the ticket system on your account dashboard providing as much details as possible about your complaint and a member of our customer care team will respond within 72 hours. All practitioner complaints are thoroughly investigated through our internal processes and by medical practitioners through the appropriate channels. We aim to resolve all complaints and disputes as amicably and quickly as possible so your cooperation in providing prompt response to our questions would be appreciated.
In case the parties are not able to amicably settle a dispute, controversy or claim, such dispute, controversy or claim shall exclusively be submitted to the competent courts of England and Wales.
To communicate with iDHS.HealthWise, please contact our Customer Care at firstname.lastname@example.org
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