Last updated: 2020-10-13
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at firstname.lastname@example.org so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.
In this Agreement, unless the context otherwise requires, the following words and expressions shall have the meanings ascribed to them below :
The terms “You” or “Your” or “He” or “She” refer to the HCS Registered User (defined hereunder). The terms “We”, “Us”, “Company”, and “Our” refer to mediqueue.
“Parties” collectively referred to both the Aggregator (“mediqueue”) and the Doctor or HCS;
“Patients” collectively referred to the peoples who enlisted their name through our application;
“Services” means the services offered to You by mediqueue that involves the use of the System, which may include the practice management service, electronic medical records service and other services as may be introduced by mediqueue from time to time;
“Website” means www.mediqueue.in;
“System” means the technology platform provided as part of the Website consisting of hardware and / or software used or provided by Us for the purpose of providing the Services to You;
“Account” means the credit or debit balance maintained by You with the Website;
“Security-fee” means half of the total consultation fee approved by the Doctors;
“Registration-fee” means the fee approved by Us, required to enlist patients name;
The Aggregator is permitted to enter into a similar or same agreement with other Doctors as the arrangement set out in this Agreement between HCSs and Us is on a non-exclusive basis. Similarly, Aggregator agrees that Doctor is permitted to enter into an identical or same agreement with other aggregator service providers.
Condition of Use :
You agree that Your receipt of Services is subject to verification by Us of Your identity and credentials as a health care practitioner and to Your ongoing qualification as such. In order to verify your details, Mediqueue will arrange a live meeting with you according to your convenience time. We may verify Credential Information or may ask You for additional information. We may also make inquiries from third parties to verify the authenticity of Your Credential Information. You authorize Us to make such inquiries from such third parties, and You agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that We may terminate Your access to or use of the System and Services at any time if We are unable at any time to determine or verify Your Credential Information. We reserve to right to carry out re-verification of Credential Information as and when required, and the above rights and commitments will extend to the re-verification as well.
Rights and Obligations of HCSs :
By accepting these terms and conditions, HCS agrees :
that he will not represent that he is an agent of the Aggregator nor hold himself/herself out as such. The Doctor is an independent doctor and not an agent and/or employee of the Aggregator. The Doctor shall not enter into any agreement or arrangement which will bind Aggregator legally or otherwise.
that the Aggregator will have the right to enlist the HCSs or Doctors in the Mediqueue platform.
that the Doctor shall provide the Patients with appropriate treatment as specifically required for the care of Patients for their medical ailments. The Doctor shall ensure that they conduct their own independent history and assessment of the Patients and provide such treatment to the Patient, as it deems fit, in its sole discretion. The Doctor shall treat the Patient in the same manner as they treat other patients who directly visit the Doctor. The Doctor shall at its sole responsibility ensure that consultation provided is of the highest standard and care.
that notwithstanding anything elsewhere; they understand that it alone stands responsible for its infrastructure and facilities and that Aggregator shall not bear or have any responsibility or liability with respect to the same.
that the Aggregator does not have any control over the Patient and is not responsible for the order placed by the Patient on the Mediqueue platform. The Doctor also acknowledges and agrees that the Aggregator is not responsible for verifying the authenticity of the prescription.
and undertakes to ensure that he/she shall duly act and perform his/her job to his best efforts and in such a manner as agreed with the Aggregator and as set out in this Agreement and specific data, plans, memoranda, instructional manuals and/or guidelines framed by the Aggregator and shared with the Doctor.
that in no event and under no circumstances shall the Aggregator be held responsible and liable, whether together with the Doctor or independently, with respect to any services rendered by Doctor to the Patients. It is hereby clarified that the Aggregator shall not be liable for any claims or damages in respect of the medical services, treatment, and care rendered by the Doctor to the Patients under this Agreement.
not to divulge your Mediqueue Platform credentials to anyone, and that no one but yourself will be operating this account.
that We may provide de-identified health information and other information including Your personal information and information concerning Your practice to any medical group, independent practice association of physicians, health plan or other organization including any organization with which You have a contract to provide medical services, or to whose members or enrollees You provide medical services. Such information may identify You, but will not identify any individual to whom You provide services. Such information may include (without limitation) aggregate data concerning Your patients, diagnoses, procedures, orders, etc.
Grant of Rights:
Subject to the terms of the Agreement, we grant to You and You accept a non-exclusive, personal, non-transferable, limited right to have access to and to use the System for the duration of Your engagement with Us. But the aforementioned rights does not extend to :
make the System, in whole or in part, available to any other person, entity or business;
modify the contents of the Applications and the Website or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement;
modify the Application or associated software or combine the System with any other software or services not provided or approved by Us.
Rights and Obligations of Aggregator :
Mediqueue ensures that Doctors save their time and enhance their patients effortlessly. By using our service Doctors will enjoy a better environment for his practice as we transform the offline queue into an online queue. We help Doctors to manage the information from different clinics or chambers. Doctors will be able to review his performance through the dashboard provided in the application. Mediqueue is committed to respecting the privacy of every person who shares information with it or whose information it receives. Protecting the dignity of a User’s faith is Our absolute religion.
Mediqueue will try to fulfill some of the obligations to provide these services to You, these are :
Aggregator shall be responsible to develop the Mediqueue Platform, any up-gradation of the Application, and day to day maintenance of the Mediqueue Application.
Aggregator shall ensure that Mediqueue platform is operational and accessible at all times, except for any unforeseen technical errors/failures.
Aggregator shall reasonably ensure that the technology and experience provided by the Aggregator and its personnel are of the highest quality and standard.
The Aggregator will make all reasonable attempts to ensure the patients are reminded of their appointments. However, the Aggregator does not take responsibility for patients who do not show up to appointments.
Aggregator hereby agrees to honor the payment commitment set out in this Agreement and confirms that Aggregator shall not act or cause any of its employees, officers, directors, staff, or personnel to act in a manner so as to dishonor any of its obligations under this Agreement or to adversely affect the revenue of Doctor or adversely affect the business of Doctor.
Grants of Rights :
The Aggregator will have the right to collect and store the information regarding the HCSs or Doctors. The Aggregator is not responsible for the accuracy of such information as it is only assisting in storing such information.
The Aggregator will have the right to send its personnel, employees, agents, or contractors to the Doctor to verify all the documents and legality of the Doctors or HCSs.
When any employee, agent or contractor of the Aggregator enters the premises of Doctor, the Aggregator shall ensure that such employees, agents, and contractors use all reasonable endeavors to:
protect Doctor’s people and property;
prevent nuisance and unnecessary noise and disturbance in Doctor premises;
act in a safe and lawful manner and comply with the safety standards and policies of Doctor
Aggregator shall have the right to share Your Personal Information with Our other corporate and/or associate entities and affiliates to (i) help detect and prevent identity theft, fraud, and other potentially illegal acts and cybersecurity incidents, and (ii) help and detect co-related/related or multiple accounts to prevent abuse of Our Services.
The Aggregator shall have the right to promote and market Doctor or HCSs in the manner the Aggregator deems fit, after taking permission from Doctor with a copy of the marketing material; such permission shall not be unreasonably denied.
Right to use Logos and Trademarks :
The Doctor hereby agrees and grants the Aggregator the right to use the name, create and display co-branded signage, such as signs images, and logos, on digital channels or Doctor premises. Mediqueue will be permitted to issue press releases of any kind referencing the Practitioner and the Marks. However in such manner, as the Aggregator deems fit, after taking permission from Doctor with a soft copy of the signages; such permission shall not be unreasonably denied.
Fees and Charges :
Mediqueue provides various services with respect to the system, but all the services provided by Mediqueue are totally free for the HCSs or Practitioners or Doctors.
But mediqueue can collect some fees or charges in the future depending on future services. In that case, the users will get the notification regarding this change before the changes are applied.
Mediqueue can collect the HCSs Fees (Security fees only) on your behalf from Registered Users shall be disbursed to your bank in a weekly or monthly manner. The total sum of amount of the fees that you have earned in a week or month will be deposited at the end of the consecutive week or month. You agree that the consultation shall be deemed to have been completed after the expiry of fifteen (15) days from the date of the consultation. For the removal of doubts, consultation shall be deemed to have been completed when the payee Registered User has been provided the level of consultation reasonably expected from you in consideration of the HCS Fees.
We collect lump sum HCSs Fees for multiple consultations which have been booked by the Registered Users. In the event it is proved that the Practitioners have acted in contravention of any applicable laws, the HCS shall provide a complete refund to the User, subject to an investigation undertaken By mediqueue team or any third party or any investigation organization. HCSs will be obliged to refund all amounts for which no consultation has been delivered. In that case, the refundable amount (only for the consecutive week) will be deducted from the total amount you have earned in a week, and the net amount will be deposited in your account at the end of the week.
By the first week of every month, the Aggregator shall share a settlement statement (“Monthly Settlement Statement”) with the Doctor providing the break-up for each of the consultation services as detailed above rendered in the previous month.
All the payments made under this Agreement shall be subject to applicable withholding taxes and such taxes as applicable from time to time.
Faith to the Mediqueue Platform :
Subject to the terms of this agreement, both parties need to be loyal to each other in terms of receiving (“Doctors” or “HCS”) or providing (“Aggregator” or “Mediqueue”) services.
In case the inspecting Representatives (“employees”, “contractors”, or authorized “third party representatives”) of either Party observe any gaps at the other Party, in processes required to comply with this agreement the Representatives shall notify the other Party and the other Party shall take corrective actions to bring itself to be in compliance with this Agreement. In case either party is not able to take corrective action for these gaps to the satisfaction of the other Party, despite receiving notification of amendment the inspecting Party shall have the right to fix such gaps at its cost and such cost shall be reimbursed by the other Party, as the case may be.
Data privacy and security :
Neither Party shall disclose personal information without following due course/applicable privacy, security and data protection laws, rules and regulations including without limitation those restricting cross border transfer of data, and all applicable laws, rules, and regulations governing outbound telephone calls, the transmission of electronic mail or other electronic messages not limited to SMS or WhatsApp messages or transmission of facsimile messages.
Doctor hereby agrees that the Aggregator shall be allowed to use the information/data, including data received of and from the Patients, received by the Aggregator during the term of this Agreement, for the purpose of enhancing the Mediqueue platform technology, research, and analysis, in accordance with applicable laws.
Mediqueue reserves the right to terminate the provided services to You under this agreement, immediately with or without any notice in case of the occurrence of the following events :
if we found out that you have intentionally provided the wrong information to use the services;
if You are named as a defendant in a criminal proceeding for a violation of federal or state law;
if it turns out that You have violated any standard or requirement of federal or state law relating to the privacy or security of health information is made in any administrative or civil proceeding;
if We are unable to verify Your qualifications as notified to Us under these HCS Terms; or,
if a third-party reports violation of any of its right as a result of your use of the Services.
We may suspend your services immediately for any breach of these HCS Terms. If we determine in Our sole discretion that accesses to or use of the System by You may jeopardize the System or the confidentiality, privacy, security, integrity or availability of information within the System, or that You have violated or may violate these HCS Terms or Other Terms, or has jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the System with any User ID assigned to You, We retain the right to terminate your service. Our election to suspend the Services shall not waive or affect Our rights to terminate these HCS Terms as applicable to You as permitted under these HCS Terms.
Notwithstanding anything to the contrary in these HCP Terms, We have the right, on providing notice to You, immediately to terminate, suspend, or amend the provision of the Services without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or (c) if performance of any term of these HCP Terms by either Party would cause it to be in violation of the law.
Upon termination of the services :
You will not be able to use the System and We will terminate Your access to the System. Upon termination for any reason, You will remove all software provided under HCS Terms from Your computer systems, You will cease to have access to the System, and You will return to Us all hardware, software, and documentation provided by or on behalf of Us.
Both the Aggregator and Doctors shall settle all accounts and payments due to the other Party as on the date of termination.
Notwithstanding anything else contained in this Agreement, the Doctor may terminate this Agreement with a week’s notice in the case of provable negligence or gross misconduct on the part of Aggregator and/or its staff in the performance of the services to be provided by Aggregator to the Patients of Doctor and Major malfunction, bug or outage in the Mediqueue platform that affects its services to the Patients of Doctor and provided that bug has not been cured or remedied by the Aggregator within thirty (30) days of the receipt of a written notice by the Doctor in this regard.
But If the Doctors are already booked for providing the services to the registered users (“patients”) of the application, they will not be able to terminate the services at that point of time. In this case, New patients will not be able to book the consecutive doctor through our service or our Application or Website and Doctors will be able to terminate the service only when he will successfully provide the service to all the old registered patients.
Limitation of Liability :
Except as prohibited by law, You will not hold Mediqueue or any of its directors, officers, employees, agents or content or service providers, affiliates, and group companies liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and, functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.
We may update or change the Services and/or the HCS Terms outlined in these HCS Terms from time to time and recommend that You review these HCS Terms regularly. You understand and agree that Your continued use of the Services after the HCS Terms has been updated or changed constitutes Your acceptance of the revised HCS Terms. Without limiting the foregoing, if We make a change to these HCS Terms that materially affect Your use of the Services, We may post a notice on the Website or notify You via email of any such change.
Doctors shall indemnify, defend and hold the Aggregator or Mediqueue, Our and their affiliates, officers, directors, and agents, harmless from all actions, proceedings, complaints, claims, damages, demands, liabilities, costs, expenses, etc arising out of or in relation with :
the use of the services;
any breach by you of any representations, warranties, and agreements defined in the HCS terms;
any form of medical negligence;
any activities of willful misconduct, gross negligence by the Doctor and/or its employees/associate;
any other act which may have any form of legal impact on the Aggregator;
the actions of any person gaining access to the System under a User ID assigned to You;
the actions of anyone using a User ID, password, or other unique identifier assigned to You that adversely affects the System or any information accessed through the System;
The Doctor shall not in any circumstances be liable for any claims or damages in respect of the Mediqueue services rendered by the Aggregator to the Patients under this Agreement.
If any provision of the Agreement is invalid as per applicable law, held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by Medique. Any consent by Medique to, or a waiver by Medique of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Any information relating to a Patient or about either Party, all deliverables and all data, technical, product, business, financial, and other information regarding the business, customers, employees, investors, contractors, vendors, and suppliers (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, user engagement models and business methods, obtained during the subsistence of this Agreement shall remain confidential and the Parties shall not disclose such confidential information to any third party (provided that the Parties may reveal such information to any of their employees, officers, advisers, who have a need to know such information, in each case, subject to the relevant recipient acknowledging the confidential nature of the information) without the prior written consent of the disclosing Party.
Except as otherwise provided in HCS Terms and Other Terms, Practitioners may not, without Our prior written consent, at any time, during or after the applicability of these HCS Terms, directly or indirectly use any Confidential Information for its own purpose or for the benefit of any third party or for the purposes or benefits of any other persons.
Obligations of confidentiality contained herein shall not apply to any information which is already in the public domain.
Either Party may disclose Confidential Information of the other Party in accordance with a judicial, administrative or governmental order, provided that the Party disclosing the information against the judicial, administrative or governmental order gives the other Party reasonable notice and opportunity prior to such disclosure to take any lawful actions that are available to prevent or minimize the extent of disclosure of the Confidential Information.
You agree that We will suffer irreparable harm if You fail to comply with the obligations set forth in this Section 12, and You further agree that monetary damages will be inadequate to compensate Us for any such breach. Accordingly, You agree that We will, in addition to any other remedies available to Us at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond. Parties’ obligations for confidentiality shall survive the termination of this Agreement.
You understand and agree that any interactions and associated issues with the HCS(s) on the Website or the Application, is strictly between You and the HCS(s). You shall not hold Mediqueue responsible for any such interactions and associated issues.
Users may expect the anticipated benefits from the Services provided by practitioners or HCSs, but no results can be guaranteed. The User’s condition may not be cured or improved, and in some cases, may get worse. Mediqueue shall not be responsible for any breach of service or service deficiency by any practitioners. You acknowledge and confirm that Mediqueue shall not be responsible for Your treatment or be treated as a health care provider on account of the collection of the consultation fees for a private consultation by HCS. Every HCSs or practitioners are independent to collect their consultation fees. The fees could be paid online through the facility made on the Application or The fees could also be paid offline and be either collected personally from the User. Mediqueue is not liable for any transaction between practitioners and Users in offline mood or using other facilities without the means of our Application. We also have nothing to do with the increase in consultation fees.