DOCTOR TERMS & CONDITIONS (PRACTITIONER AGREEMENT) — DIALDOCTOR

Introduction

This Practitioner Agreement constitutes a legally binding electronic contract between DialDoctor HealthTech, a partnership firm operating from Akola, Maharashtra, and you — an individual Registered Medical Practitioner or authorized representative of a clinic or healthcare establishment.

By clicking "I Agree", registering an account, creating a clinical profile, or using the Platform to manage patient appointments, you declare that you possess the legal authority to bind yourself or the medical entity you represent to this Agreement.

1. SCOPE OF PLATFORM & INTERMEDIARY SHIELD

DialDoctor acts solely as an Intermediary under Section 2(1)(w) of the Information Technology Act, 2000, providing an online ecosystem for digital discovery, profile visibility, and SaaS-enabled appointment management.

• No Medical Overwatch: DialDoctor does not employ medical staff, render clinical evaluations, dictate healthcare methodologies, or intervene in patient-doctor interactions.
• Bilateral Contract: The actual clinical consultation is an independent, bilateral professional arrangement formed solely between the Practitioner and the Patient.
• Autonomy: The Practitioner retains exclusive and unshared clinical liability for all diagnostic conclusions, prescriptions, and clinical outcomes.

2. MANDATORY ELIGIBILITY & STATUTORY WARRANTIES

By registering on DialDoctor, the Practitioner warrants that:

• They hold a valid, active, and unrevoked MBBS degree or equivalent recognized post-graduate medical qualification listed under the NMC Act, 2019 or relevant AYUSH councils.
• They are actively registered with the National Medical Commission (NMC) or their respective State Medical Council, and their license has not been suspended, blacklisted, or subjected to professional misconduct inquiries.
• They will immediately notify DialDoctor in writing if their statutory registration is modified, restricted, suspended, or cancelled.

3. COMPLIANCE WITH INDIAN HEALTHCARE REGULATIONS

Telemedicine Practice Guidelines, 2020

For remote video, audio, or text consultations, the Practitioner must:

• Display their full name, qualifications, registration council, and registration number prominently during the session
• Collect valid patient consent as required by the guidelines
• Prescribe medications strictly in accordance with Schedules O, A, B, and C
• Issue structured digital prescriptions including full registration credentials and digital signatures

Clinical Establishments Act, 2010

For physical setups, the Practitioner warrants that their facility complies with the Clinical Establishments (Registration and Regulation) Act, 2010 and maintains valid sanitary, fire safety, and local municipality commercial permits.

4. OPERATIONAL OBLIGATIONS & APPOINTMENT MANAGEMENT

Data Integrity

The Practitioner is solely responsible for ensuring their public profile remains accurate — reflecting true academic degrees, recognized fellowships, verified clinic locations, active consultation fees, and operational hours.

Schedule Discipline

• The Practitioner must make reasonable efforts to honor confirmed digital appointments to protect patient welfare.
• In case of emergency or surgical delay, the Practitioner or clinic administrator must update availability or cancel/reschedule through the DialDoctor dashboard immediately.
• Persistent unexcused no-shows, erratic calendar adjustments, or fraudulent billing claims will lead to an immediate audit and potential suspension of the digital listing.

5. CLINIC, MULTI-DOCTOR & STAFF DELEGATION

• Administrative Access: In multi-doctor clinics or multi-specialty hospitals, the designated primary manager must possess explicit written power-of-attorney from individual RMPs to manage their profiles, rates, and patient lists.
• Ownership Disputes: In the event of a commercial split or ownership dispute between partner doctors or clinic owners, DialDoctor will remain neutral and reserves the right to freeze the clinic profile until a mutually signed settlement deed or certified judicial order is presented to our compliance cell.

6. DOCUMENT VERIFICATION PROTOCOLS

• The Practitioner agrees to submit self-attested digital copies of state medical council registrations, degree certifications, government-issued IDs, and clinic operational licenses during onboarding.
• No Endorsement: Baseline KYC validation conducted by DialDoctor is strictly for platform security. It does not constitute a clinical endorsement, professional recommendation, or certification of medical excellence to the general public.

7. PROHIBITED PRACTITIONER CONDUCT

The Practitioner explicitly agrees not to:

• Exaggerate, misrepresent, or fabricate clinical competencies, past cure rates, or professional achievements
• Engage in review manipulation, self-generated ratings, or bad-faith down-voting of peer practitioners
• Use patient mobile numbers, emails, or clinical records harvested from DialDoctor for unauthorized marketing or commercial cross-selling
• Solicit or accept bribes, kickbacks, or split-commission models for diagnostic referrals, in violation of Indian Medical Council Ethics Regulations

8. FINANCIALS, FEE AUTONOMY & E-COMMERCE COMPLIANCE

• Fee Structure: The Practitioner retains full commercial autonomy to determine consultation charges. All fees must be transparently declared to DialDoctor for upfront consumer disclosure under the Consumer Protection (E-Commerce) Rules, 2020.
• Platform Monetization: DialDoctor may offer free-tier visibility access during the current deployment stage but reserves the right to introduce SaaS subscription or transactional fees in the future, with 30 days advance notice.
• Tax Liabilities: The Practitioner is independently accountable for all applicable income tax and GST obligations linked to their clinical earnings.

9. PATIENT CONFIDENTIALITY & DATA PROTECTION

• Confidentiality: The Practitioner must maintain absolute patient confidentiality. Any diagnostic report, chat record, or case history accessible via DialDoctor must be treated as a protected medical record.
• SaaS Usage: The Practitioner must enforce secure password parameters and explicitly prevent front-desk staff or third-party IT handlers from downloading or duplicating electronic health data outside of authentic clinical treatment protocols.
• ABDM Synchronization: Where applicable, the Practitioner agrees to process digital health records in alignment with the Ayushman Bharat Digital Mission (ABDM) architecture guidelines.

10. INTELLECTUAL PROPERTY RIGHTS

All software layouts, dashboard designs, search ranking architectures, source code, APIs, and the brand name "DialDoctor" are the exclusive intellectual property of DialDoctor HealthTech, protected under the Copyright Act, 1957 and The Trademarks Act, 1999.

The Practitioner is granted a limited, non-exclusive, non-transferable, revocable license to interact with the software interface solely to administer their booking calendar.

11. INDEMNITY & LIABILITY WAIVERS

Indemnity

The Practitioner agrees to fully defend, indemnify, and hold harmless DialDoctor from any claims, liabilities, damages, or legal costs arising from:

• Clinical errors, wrong prescriptions, diagnostic mistakes, or medical negligence
• Violations of the Telemedicine Practice Guidelines, 2020 or local healthcare laws
• Unauthorized leak or misuse of patient data from the Practitioner's clinic devices or login sessions

Exclusion of Damages

DialDoctor shall never be liable to the Practitioner for lost revenues, missed bookings, reputational damages, or system downtimes from technical maintenance, server disconnects, or operational outages.

12. ACCOUNT SUSPENSION & TERMINATION

DialDoctor reserves the right to instantly hide, suspend, or permanently terminate a Practitioner's profile without prior warning if:

• A state medical council or judicial body alerts us that the Practitioner's license has been suspended or terminated
• The system detects fraudulent activities, fake clinic registrations, or systematic patient booking exploitation
• The Practitioner accumulates verified patient complaints indicating abusive, unethical, or unprofessional conduct

13. DISPUTE RESOLUTION & GOVERNING LAW

Governing Law

This Agreement shall be exclusively interpreted and governed by the laws of the Republic of India.

Jurisdiction

Any formal litigation, arbitral proceeding, or legal challenge by either party shall be submitted to the exclusive jurisdiction of the competent civil courts in Akola, Maharashtra, India.