The Terms and Conditions is the legal agreement (the “Agreement”) that governs your (“Doctors”, “Users”) participation in the Doocle platform. By using Doocle, you confirm that you have read and agreed to be bound by this Agreement. IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORISED TO ACCESS OR USE DOOCLE AND YOU SHOULD EXIT THE SERVICES AND CANCEL ANY CONSULTATION IMMEDIATELY.
The main Terms and Conditions for Patients and all users of Doocle is hereby incorporated by reference to this Agreement. All applicable provisions in the main Terms and Conditions are likewise effective in this Agreement.
1.1 You will provide medical services to the Patients and will allocate sufficient resources as required by the Doocle platform to comply with this obligation.
1.2 “Medical Services” means the medical consultation, advice, treatment, assistance, procedure or other services that you will provide to a Patient through the Doocle platform.
1.3 You will use all reasonable skill and care in the performance of medical services as would be expected of a reasonably competent medical professional in your field of specialty and with your experience.
1.4 You will at all times provide medical services in accordance with this Agreement. If you fail to do so, Doocle may (without prejudice to any other rights we may have):
terminate this Agreement in whole or in part without liability to you;
refuse to accept any subsequent performance of medical services which you attempt to make; and
have any sums previously paid by Doocle to you for the Introduction in question under this Agreement refunded by you on demand.
1.5 If you consider that the Patient is not, or may not, be complying with any of Patient's obligations, you will only be entitled to rely on this as relieving your performance under this Agreement:
to the extent that it restricts or precludes your performance of medical services; and
if you, promptly after the actual or potential non-compliance has your attention, notified us of the details in writing.
2.1 You acknowledge and agree that the Patient has engaged Doocle on the basis that you are capable of providing medical services.
2.2 You will ensure that you hold all active licenses, certifications, accreditations, and insurance protections to provide medical services as required by law to practice the specialties of medical services you offered in your jurisdiction and to Patients outside of your jurisdiction.
2.3 You will promptly inform and keep us updated of any material litigation/investigation brought against you.
3.1 You will cooperate with us in all matters relating to the performance of the Services in the Doocle platform.
3.2 You will promptly inform and keep us updated of your availability to perform medical services.
3.3 You will update and upload to the Services only information that is accurate and complete in all material respects, and is not misleading; and
3.4 You will have no authority and will not hold yourself out, or permit any person to hold himself out, as being authorised to bind Doocle in any way, and will not do any act which might reasonably create the impression that you are so authorised.
3.5 At no point in the course of this Agreement will Doocle be your employer. There will be no relationship of employment arising between Doocle and you or your employees, servants or agents out of this Agreement.
4.1 In consideration of your participation and use of the Doocle platform, a Service Charge of 10% of the Fees that the Patient pays for your medical services will be payable to the Doocle platform.
4.2 Doocle will remit the remaining 90% of the Fees to your chosen Bank/PayPal account within 30 days after the Consultation, less the Charges (together with VAT thereon, if applicable).
4.3 In the event of a dispute, Doocle will remit the remaining 90% of the Fees to your chosen Bank/PayPal account within from 14 days after the dispute is resolved.
4.4 Doocle may, at any time and without notice, set off your liability to Doocle, if any, against Doocle’s liability to you, and vice-versa, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under this Agreement. If the liabilities to be set off are expressed in different currencies, Doocle may convert either liability at a market rate of exchange for the purpose of a set-off. Any exercise by Doocle of its rights under this clause will not limit or affect any other rights or remedies available to you under this Agreement or otherwise.
5.1 You will at all times ensure that any content that you upload to the Doocle platform is accurate, complete and truthful.
5.2 You will use all reasonable efforts to update the content you have uploaded to the Doocle platform as frequently as necessary to avoid it becoming out-dated.
5.3 You will maintain complete and accurate records of medical services provided following Consultations in such form as Doocle may approve.
5.4 You will allow Doocle to inspect such records at all reasonable times on request.
6.1 You will ensure that your collection, transfer or use of Personal Data in relation to the provision of the Medical Services, shall not breach GDPR and the new Data Privacy Act or any other data protection and privacy legislation in force in England and Wales and your regional jurisdiction.
7.1 Doocle does not own, control or direct the use of any of the information stored or processed by you. Only you are entitled to access, retrieve and direct the use of such information depending on the service that you provide.
7.3 You are therefore the data controller under the Directive for any information containing Personal Data. This means that you or the relevant user controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data. Doocle is not responsible for the content of the Personal Data or other information stored on your servers (or its subcontractors’ servers) at your discretion, and Doocle is responsible for the manner in which you handled disclosure, distribute or otherwise process such information.
7.4 A user who seeks to access, correct, amend, delete inaccurate data or withdraw consent for further contact will direct his query to you.
8.1 You will indemnify and hold Doocle harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, Doocle as a result of or in connection with:
8.2 Any alleged or actual infringement, whether or not under English law, of any third party's Intellectual Property Rights or other rights arising out of the use or supply of medical services; or
8.3 Any claim made against Doocle in respect of any liability, loss, damage, injury, cost or expense sustained by Doocle’s employees or agents or by any Patient or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from the provision of medical services as a consequence of a breach or negligent performance or failure or delay in performance of any of the terms of this Agreement by you.
9.1 You will maintain appropriate professional indemnity insurance in force for the duration of this Agreement, and for a period as long as necessary after the termination of this Agreement to ensure indemnification of any claim, including without limitation medical negligence, that may be made by a Patient resulting from your performance of medical services, howsoever arising. The insurance will at all times be with a reputable insurance company with a cover limit of not less than £5m per claim and you will, at Doocle’s request, produce both the insurance certificate giving details of cover and the receipt for the current year's premium.
10.1 You undertake that you will not at any time disclose to any person any technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature, or any Personal Data and/or Sensitive Personal Data of the Patients or any other confidential information concerning Doocle’s business or its services which you may obtain or that we, our employees, agents, consultants or subcontractors have disclosed to you.
10.2 You may disclose Doocle’s confidential information:
to your employees, agents, consultants or subcontractors on a need-to-know basis for the purpose of discharging your obligations under this Agreement. You will ensure that your employees, agents, consultants or subcontractors to whom you disclose Doocle’s confidential information comply with this clause; and
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3 You will not use Doocle’s confidential information for any purpose other than to perform your obligations under this Agreement.
10.4 All other materials, equipment, tools, data, and specifications supplied to you by Doocle will, at all times, be and remain as the exclusive property of Doocle. You will hold them in safe custody and at your own risk. You will maintain and keep them in good condition until you have returned them to Doocle. They will not be disposed of or used other than in accordance with Doocle’s written instructions or authorisation.
11.1 In performing your obligation under this Agreement, you will comply with all applicable laws, statutes, regulations, and codes in force in your regional jurisdiction.
11.2 You will inform Doocle as soon as you become aware of any changes in the legislation.
12.1 Nothing in this Agreement will limit or exclude your or Doocle's liability for:
death or personal injury caused by your negligence, or the negligence of your personnel, agents or subcontractors;
fraud or fraudulent misrepresentation; or
any other liability which cannot be limited or excluded by applicable law.
12.2 Doocle will have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, indirect or consequential loss or damage arising under or in connection with this Agreement; and
12.3 Doocle’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement will be limited to the aggregate Fees payable by Doocle to you in the preceding 12-month period.
12.4 The losses for which you assume responsibility, and which will be recoverable by Doocle include, but are not limited to:
sums paid by Doocle to you pursuant to this Agreement, in respect of any medical services not provided in accordance with this Agreement;
additional costs of procuring and implementing replacements for, or alternatives to, medical services for Patients, including consultancy costs, additional costs of management time and other personnel costs and costs of equipment and materials;
losses incurred by Doocle arising out of or in connection with any claim, demand, fine, penalty, action, investigation or proceeding by any third party (including your subcontractor, employee or personnel or Patient) against Doocle caused by your act or omission.
The rights of Doocle under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by the common law.
13.1 Doocle may terminate this Agreement with immediate effect at any time by giving you a written notice.
13.2 You may terminate this Agreement by cancelling your registration with the Doocle platform.
13.3 Without affecting any other right or remedy available to us, Doocle may terminate this Agreement’s application to one or more existing Consultations upon notification from the Patient.
14.1 The termination of this Agreement will result in the automatic termination of all Consultations in place at the time of termination.
14.2 You will remain obliged to perform medical services with respect to any Consultations that remain in existence at the time of termination.
14.3 On termination of this Agreement, you will immediately deliver to Doocle all copies of information and data Doocle has provided to you. You will certify to Doocle that you have not retained any copies of the information or data, except for one copy which you may use for audit purposes only and subject to the Confidentiality obligations and Data Protection obligations in this Agreement.
14.4 If you fail to fulfil your obligations under this clause, then Doocle or our agents, may enter your premises and take possession of any items which should have been returned. Until they have been returned or repossessed, you will be solely responsible for their safekeeping.
14.5 On termination of this Agreement, the following clauses will continue in force: Indemnity, Insurance, Confidentiality, Limitation of Liability, Data Protection, Governing Law, Jurisdiction.
14.6 Termination of this Agreement will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
15.1 If any medical services are not supplied in accordance with, or you fail to comply with, any terms of this Agreement, Doocle will be entitled (without prejudice to any other right or remedy) to exercise any one or more of the following rights or remedies:
to rescind this Agreement;
to refuse to accept the performance of any further medical services from you;
to require the immediate repayment from you of all sums previously paid by Doocle to you under this Agreement; or
to require you, without charge to Doocle, to carry out such additional work as is necessary to correct your failure; and
in any case, to claim such damages as we may have sustained in connection with your breach (or breaches) of this Agreement not otherwise covered by the provisions of this clause.
16.1 Without prejudice to any other rights or remedies that Doocle may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of this Agreement by you. Accordingly, Doocle will be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this Agreement.
17.1 We may update these Terms & Conditions from time to time to ensure that it remains accurate. In the event that these changes result in any material difference to the manner in which We process your personal data then We will provide you with an updated copy of the Terms and Conditions.