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Tremendoc Doctor's Agreement
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR MOBILE DEVICE SERVICE AND RELATED WEBSITE.
By providing the Services (hereinafter defined) to the Patients (hereinafter defined) and/or by clicking the “I Agree” button, you unconditionally agree to abide by and be bound by this Agreement. If you do not agree to be bound by and comply with all of the terms of this Agreement, please do not provide the Services on the Tremendoc Platform.
We may update these terms from time to time, and will always notify you of such updates. If you do not agree to, or cannot comply with, the terms as amended, you should not use the Tremendoc Platform to provide the Services. You will be deemed to have accepted these terms as amended if you continue to use the Tremendoc Platform to provide the Services after any amendments are made.
If you have any questions or ideas, or if you need to provide notice to us, do not hesitate to contact us at email@example.com.
- “Good Industry Practice”
means the exercise of the highest degree of skill, care, prudence, efficiency, foresight and timeliness as upheld and expected from your peers.
means a third party hospital/healthcare facility which may collaborate with Tremendoc for the provision of virtual medical consultancy services on the Tremendoc Platform.
means Tremendoc’s subscribers who have subscribed for the Services on the Tremendoc Platform.
- “Tremendoc Platform”/ “Platform”
means the Tremendoc mobile device applications and the Tremendoc website (www.tremendoc.com) through which the Services (hereinafter defined) are provided.
- “Terms”/ “Agreement”
ABOUT THE SERVICES
Tremendoc is a telehealth technology services company that onboards and connects independent qualified medical practitioners with the Patients via the Tremendoc Platform. The service(s) which you may provide via the Tremendoc Platform (the “Services”) include:
- remote video and voice clinical consultation services (“Clinical Services”) which comprise:
- general clinical consultations
- special clinical consultations including but not limited to fertility & therapy consultations - information services, through digital healthcare tools, that provide health and lifestyle information
You may provide the Services as one of the following:
- General Practitioner
You hereby acknowledge that Tremendoc does not provide health care services, or function as a healthcare services provider, hospital, clinic or dispensary. Accordingly, you are not employed by Tremendoc or any of its affiliates, and shall provide the Services as an independent medical practitioner.
Some medical conditions are not suitable for remote consultations via the Tremendoc Platform and we recommend that you should advise the Patient to seek advice from a medical practitioner in person if such a condition is presented by a Patient in your professional judgement or if the Patient is unsure or unable to explain or communicate his/her medical needs to you.
You should not provide the Services to a Patient in an emergency, or if you know that the Patient will require a physical examination. If you think a Patient is in a medical emergency, you should advise the Patient to call his/her doctor or visit the closest hospital or health center immediately.
Prior to registration you shall provide Tremendoc with your credentials. You hereby authorise Tremendoc to also supply your credentials to a Patient upon request by such Patient.
REPRESENTATIONS & WARRANTIES
By accepting these Terms, you hereby represent and warrant that:
you are not subject to any obligation or undertaking (contractual or otherwise), which precludes you from entering into this Agreement or providing the Services to the Patients.
you have provided us with true, accurate, complete and up-to-date details about your qualifications and credentials, and you will maintain the accuracy of same; and that you shall inform us in the event that any details in respect thereof become untrue or inaccurate in any way.
you are a licensed medical practitioner, duly qualified to practice medicine and/or provide professional healthcare in Nigeria.
you shall provide the Services in compliance with any applicable laws and/or regulations; and in accordance with Good industry practice.
In order to provide the Services, you will be onboarded on the Tremendoc Platform as either: an independent medical practitioner (“Independent Practitioner”); or a medical practitioner in the employment of a Partner (“Partner’s Practitioner”).
As part of the onboarding process, a personal dashboard will be provided for you on the Tremendoc Platform. You will be required to sign up by inter alia uploading the required documents through your personal dashboard on the Tremendoc Platform.
After signing up on the Tremendoc Platform, a verification of your documents will be carried out by Tremendoc with the necessary regulatory bodies such as the Medical & Dental Council of Nigeria (MDCN), the Nigerian Medical Association (NMA) etc. The verification fees will be paid by Tremendoc at the point of verification, but the verification fees will be subsequently deducted in agreed instalments from the fees to be paid to you for the Services.
Upon completion of the verification, your account will be activated, and you will be granted access to provide the Services through the account.
By being onboarded on the Tremendoc Platform and providing the Services thereon, you hereby agree as follows:
- Tremendoc reserves the right to collect information regarding your profile, contact details and practice; as well as the right to publish same on the Platform for the purpose of facilitating interaction with the Patients. If any information displayed on the Platform in connection with you is found to be incorrect, you are required to inform us immediately to effect the necessary amendments.
- You agree to Tremendoc utilising your details and photograph on the Tremendoc Platform in furtherance of the Services, and also for promotional purposes. Your participation in Tremendoc’s promotions shall be at no extra cost to Tremendoc.
We reserve the right to monitor your operations on the Tremendoc Platform. If we observe that your operations are not in compliance with this Agreement, we reserve the right to sanction you and/or deactivate your account. You shall not be entitled to any other earnings or incentives asides your fees as set out herein.
As an Independent Practitioner you can be onboarded in one of the following ways:
Random Practitioner: You can sign in to the Tremendoc Platform and provide the Services as may be required, on a case-by-case basis. You will be entitled to a pre-agreed fee for each consultation session with a Patient. Tremendoc will remit the aggregate fees due to you at the end of every week.
Standard Practitioner: As a standard practitioner, you will be engaged by Tremendoc as part of its telemedicine doctors for the provision of the Services. Accordingly, you will be entitled to a monthly commitment fee for the duration of your engagement.
Where you are onboarded as a Partner’s Practitioner, Tremendoc shall grant the applicable hospital/healthcare facility a non-exclusive, non-transferable, limited & revocable license to access the Tremendoc Platform in order to enable you provide virtual consultancy services to the patients of your hospital/ healthcare facility, as well as Tremendoc’s Patients.
Your remuneration for providing the Services will be paid by the Partner.Upon termination of the collaboration between Tremendoc and the Partner, you may decide to continue providing the Services on the Tremendoc Platform, subject to the terms of the Agreement between Tremendoc and the Partner. In such a case, you will become an Independent Practitioner and you will be required to update your account to reflect your engagement as an Independent Practitioner. You hereby agree that your provision of the Services to your patients will not conflict with the interest of Tremendoc’s Patients and/or your obligations to the Partner.
You are the provider of the Services and all opinions and diagnoses in furtherance therof are strictly yours and not that of Tremendoc. Therefore, Tremendoc is not liable in respect of any such information provided by you in furtherance of the Services. However, Tremendoc will take appropriate steps to sanction you including reporting you to the MDCN, NMA or any other applicable regulatory body, in the event of:
negligence by you in connection with the provision of the Services; or
a breach by you of your obligations under any applicable law/regulation in providing the Services.
You hereby agree and understand that you are an independent contractor engaged by Tremendoc; accordingly, you are not an employee of Tremendoc or its affiliates by virtue of this Agreement.In the event that you hold yourself out as a partner of Tremendoc other than as contemplated under these Terms, and Tremendoc incurs expenses, damages (pecuniary or reputational) and/or other legal costs as a result thereof, you hereby agree to indemnify Tremendoc against such expenses, damages and/or legal costs. If you access the Service on or from any device which you or someone else rooted or which you or someone else jail broke, Tremendoc shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
Following consultations with a Patient, you shall prepare case notes and report and submit same within 24 (twenty-four) hours from the completion of the consultation. The case notes shall be uploaded electronically via your personal dashboard on the Platform. The case notes shall at a minimum, set out the following:
Medical history of the Patient
Complaint/ purpose of consultation
Recommended tests, where applicable
All case notes, reports and prescriptions prepared by you must contain your electronic signature, together with your name and photograph.
In furtherance of the Services, you shall:
- be solely responsible for the provision of the Services to the Patients.
- promptly renew your licenses for the provision of the Services, as and when required.
- duly prepare case notes and maintain patient records in accordance with standards of medical practice and in compliance with any applicable laws.
- ensure the provision of the Services in accordance with Good Industry Practice.
- carry out other acts as may be deemed necessary by the Tremendocfor the performance of the Services under this Agreement.
- you will not reproduce, duplicate, copy, sell, resell, or exploit the Tremendoc Platform, its content, software or any portion of any of the foregoing.
- save as contemplated by these Terms, you will not provide any other services or have any other interactions with a Patient using the Tremendoc Platform.
- you will not impersonate another person or entity or otherwise misrepresent your affiliation with Tremendoc.
- you will not violate the legal rights of other practitioners, by defaming, abusing or threatening other practitioners.
- you will not infringe the intellectual property rights, privacy rights, or moral rights of Tremendoc or any third party.
- you will not post or transmit any content on the Platform that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized; or further such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material.
- you will not publish falsehoods or misrepresentations, including with respect to any medical or health information.
- you shall not collect or mine data relating to a Patient or other practitioner.
- you shall not interfere or attempt to interfere with the proper working of the Tremendoc Platform or otherwise disrupt the operations or violate the security thereof. Violations of system or network operation or security of the Platform may result in civil or criminal liability.
As an Independent Practitioner hereby agree that your relationship with Tremendoc shall be exclusive. Accordingly, you shall not provide telemedicine services on any other platform for the duration of your engagement with Tremendoc.
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use the Platform for the provision of the Services, subject to the terms and conditions of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App solely for the provision of the Services on each mobile device that you own or control. Save as provided in this Agreement, the Platform shall not be used for any other purpose. Accordingly, you shall not without Tremendoc’s prior written consent:
- lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App; or provide any third party with access thereto.
- modify, copy, decompile, reverse engineer, disassemble or create derivative works of the Platform.
- use the Platform in any manner or for any purpose which violates any law or regulation in force; or violate any applicable law, rule or regulation in providing the Services on the Tremendoc Platform.
- circumvent, disable, or otherwise interfere with security-related features of the Tremendoc Platform.
- use any robot, spider, site search or retrieval Service; or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Tremendoc Platform.
- upload or otherwise transmit any material containing software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Platform.
- use any logo or other proprietary graphic or trademark of ours, our partners or affiliates.
- cause, assist or permit any third party to do any of the foregoing.
THIRD PARTY SITES & OPEN-SOURCE SOFTWARE
The Tremendoc Platform may contain links to other independent third-party websites (“Third party Sites”). Third party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgment regarding your interaction with any Third-party Sites. To this end, we encourage you to read the privacy policies of Third party Sites before using or accessing same. If any open-source software is included on the Platform, the terms of an open-source licence may override some of the terms set out in this section.
TECHNICAL REQUIREMENTS FOR USING THE APP
The Platform includes software provided by people other than the Company, and uses certain data that you provide to it in order to work.The Tremendoc mobile application (“the App”) operates only on Android-enabled phones running Android v4.3 or higher. It requires a consistent 3G, 4G or faster data connection and does not operate reliably on GPRS or EDGE connections. We recommend that if you are using a wireless network to access the Platform, you avoid use of public Wi-Fi facilities in favor of a personal Wi-Fi connection, and that the wireless network is secured with WPA-2 security. We recommend that the device from which you access the App is password protected, set to lock after a short period of inactivity, and protected with suitable anti- virus and anti-malware software. From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements. Depending on the update, you may not be able to provide the Services until you have downloaded or streamed the latest version of the App and accepted any new terms. While we will take adequate measures to ensure the optimal performance of the Platform, we do not warrant or guarantee that the Platform will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that is beyond our control; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Platform. Without limiting the foregoing, we, and our licensors make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the operation of the Tremendoc Platform or its content, including software, text, graphics, links, or communications provided on or through the use of the Platform. Although we take reasonable measures to keep the Tremendoc Platform free of viruses, worms, Trojan horses or other codes that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Tremendoc Platform will be free of such contaminations.
REGULATION OF THE SERVICES
The Services to be provided by you on the Tremendoc Platform are regulated by the Nigeria Medical Association (whose website is www.nationalnma.org). If you are providing the Services from outside Nigeria, you should check whether it is lawful to provide our Services in the territory where you are. Our Services are to be provided in compliance with Nigerian laws and regulations, and we cannot take responsibility for any differences between these rules and any different rules applying to healthcare svices in other jurisdictions.
You will be required to confirm your available hours on your personal dashboard, following which we shall schedule your consultation hours and assign Patients to you for consultation. You cannot select a particular Patient to attend to except it is necessary to do so and subject to our approval. If providing the Services to an assigned Patient will amount to a conflict of interest or such a Patient is related to you (for example, your spouse, parent, sibling and so on), you must immediately notify us via your personal dashboard, so that we can reassign the Patient to another practitioner. Consultations sessions generally are limited to [●] minute durations (with general practitioners) and [●] minutes (for specialists). If you are scheduled for an appointment with a Patient, you must endeavor to be available for the appointment as scheduled. If for any reason you will not be available, you must immediately notify us, stating the reason for you unavailability and giving a proposed time wherein you will be available. There may be sanctions for consistent cancellation or rescheduling of appointments. You must act professionally towards Patients. We do not tolerate abuse or offensive behavior towards Patients no matter the situation. The Platform is designed to be accessed remotely but is not designed for non-English speakers. Therefore, you will provide the Services in English. We may suspend your access to the Tremendoc Platform or terminate your account with us if your provision of the Services breaches any of the terms of this Agreement. In the event that the provision of the Services on the Tremendoc Platform is interrupted by events outside our control, we will use our best endeavors to notify you as soon as we can and take the steps that we reasonably can to minimise the interruption to your provision of the Services. We shall however not bear any liability in this regard. You may be required to utilise the offline service feature on the Tremendoc Platform which enables you to continue providing the Services in the event of a network failure.
ACCESSING OUR PLATFORM TO PROVIDE THE SERVICES
You can access our Platform to provide the Services using the internet, data networks and devices which can access the internet (“Infrastructure”) and operate the Platform. We make the Platform available for access using the Infrastructure, but are not responsible for such Infrastructure ourselves. If you wish to provide the Services on the Tremendoc Platform, you should ensure you have an internet- enabled device and a sufficient internet connection available. Technical or security threats or issues affecting the Tremendoc Platform may require us to suspend our operations in order to ensure they are secure and/or operating optimally. We will communicate with you by e-mail or by posting notices, alerts, prompts, information fields or other information on your personal dashboard as is necessary to enable you provide the Services. We operate anti-virus and malicious software prevention measures on the Platform, but we cannot guarantee that the Platform will always be virus-free. You should ensure that your devices used to provide the Services are protected against viruses and malicious software. You must not attempt to gain unauthorised access to the Tremendoc Platform. Installation of the App on a device that has had its operating system compromised by the process of rooting on Android is not permitted and may result in the security of your personal data being compromised. The Platform has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements.
YOUR PERSONAL INFORMATION
OUR LIABILITY TO YOU
If we breach any of these terms and you suffer loss or damage, we are responsible for compensating you for that loss or damage if it was a foreseeable result of our breaching of these terms. We are not responsible for compensating you for loss or damage that is not a foreseeable result of breaching these terms. We will also not be liable for indirect, incidental, special or consequential damages. In all cases of liability, we will not be liable to you for an amount greater than the fees which are due to you for the preceding month before the liability arose. If we provide digital content that is defective and damages a device or other digital content belonging to you, and we have not employed reasonable skill and care, we will compensate you or repair the device or content (at our election). We will not be liable for any loss or damage resulting from defective digital content where you have failed to follow our usage instructions or advice in these terms. We are not responsible for any losses you suffer arising out of the unauthorised use of the Tremendoc Platform in providing the Services. We are not liable for loss or unauthorised access to your data which is occasioned by your negligence.
We own copyright and other intellectual property rights in the Services (as applicable), as well as the Platform and its content (“Tremendoc IPR”). You are permitted to use the Tremendoc IPR as may be required in order to provide the Services. You may also transmit material containing the Tremendoc IPR to your employer (for Partner’s Practitioners) or another medical practitioner engaged by Tremendoc. You are not permitted to copy, distribute, further develop, reproduce, re-publish, modify, alter, download, post, broadcast, transmit or make any business use of the Tremendoc IPR. You must not remove, alter or conceal or obscure any copyright, trademark, service mark or other proprietary notices regarding the Tremendoc IPR. The Tremendoc mark, logo, combined mark and logo and other marks indicated on the Platform are our trademarks. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks of other businesses or our affiliates or partners.
All complaints and support required in the providing the Services on the Tremendoc Platform may be communicated via the following channels:
In-app reporting feature on the Tremendoc Platform
Support line: 09098529009
WhatsApp messaging: +2347059958075
We shall use our best efforts to promptly respond to and/or address requests and complaints made.
COMPLAINTS AND DISPUTES
If you have a complaint against us, we would like to resolve it as soon as possible. Please tell us about your complaint as soon as you can so that we can do this. If a complaint is made against you by a Patient, we will carry out an investigation in accordance with the professional rules applicable to you as a medical practitioner and in respect of the Services you provide. In handling such a complaint and carrying our investigations, we may summon you for questioning in that regard and/or report you to NMA or any other applicable authority. If we are unable to resolve a disagreement amicably, either of us can refer the dispute to the Lagos Multi-Door Courthouse (LMDC) for mediation, which shall be conducted in accordance with the LMDC Mediation Procedure Rules or such other rules mutually agreed rules). If for any reason, the dispute is not resolved by mediation, either of us may refer the dispute to arbitration, in accordance with the provisions of the Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria 2004. The venue of the arbitration shall be Lagos State. Neither party shall be precluded from seeking any injunctive reliefs in the courts of law. These terms are governed by Nigerian law and the Nigerian courts shall have exclusive jurisdiction to hear any claim arising out of or in connection with these terms or the use of the Services.
OTHER IMPORTANT TERMS
If there is any proposed transfer of our rights and obligations under these terms, we will always notify you in writing and this may affect your rights under these terms. You cannot transfer your rights and obligations under these terms to another person with our written consent. The agreement for the provision of the Services is between you and us. Accordingly, only you can enforce that agreement.
You acknowledge and agree that during the Term, you will be exposed to sensitive information relating to a Patient (“Confidential Information”). You hereby agree to keep confidential and not disclose to any other person, nor use for any purpose, any such Confidential Information unless such information is required to be disclosed by operation of law or any binding judgment or order, or any requirement of a competent authority; is required to be disclosed to us or your employer (for Partner’s Practitioners) or to another medical practitioner for consultation purposes; is reasonably required to be disclosed in confidence to your professional advisers for use in connection with the performance of obligations hereunder; or is or becomes within the public domain otherwise than through a breach by you of these terms.
It is hereby agreed and understood that nothing in this Agreement will be construed as granting any rights to you, by license or otherwise, to any Confidential Information. Tremendoc hereby agrees to use its best endeavours to implement reasonable security measures designed to prevent the disclosure or dissemination of any Confidential Information and shall only disclose same to the extent required to perform its obligations in furtherance of this Agreement.
You hereby agree to indemnify, defend and hold harmless, Tremendoc, its officers and employees from and against all claims, losses, damages, costs, expenses and any other liabilities based upon or arising out of a breach by you of your obligations under this Agreement; or your negligence in connection with the provision of the Services.
You hereby accept all responsibility and liability for the use of the Platform, including the provision of the Services, by a third party claiming to be you; and hereby agree to indemnify Tremendoc against any claim or loss that may be faced by Tremendoc as a result of such use.
This Agreement may be terminated by Tremendoc at any time, without cause, upon giving 30 (thirty) days’ prior notice to you. You may request termination of your account at any time upon give 30 (thirty) days’ prior notice by sending an e-mail to firstname.lastname@example.org, provided that you shall be required to discontinue any further provision of the Services after your notice period. If you violate this Agreement, any permission and/or license(s) granted hereunder shall be automatically terminated. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and return to Tremendoc all materials and all copies thereof obtained in the course of providing of the Services; or destroy same as instructed by Tremendoc, except where you are required by law to retain copies of such materials. Provided that any such materials must be kept confidential for the period of retention. Termination of these terms shall be subject to any portions hereof that impliedly survive expiration or termination.
These terms constitute the entire agreement between you & Tremendoc pertaining to the subject matter hereof. Anything contained in or delivered through the Tremendoc Platform that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. This Agreement may be superseded by any subsequent terms as modified by Tremendoc and agreed between you and Tremendoc.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
All notices to you relating to this Agreement shall be posted on your personal dashboard on the Tremendoc Platform or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement may be made by e-mail to email@example.com.