Les Entreprises Dokpam (9427-0097 Quebec Inc.), on behalf of itself, its subsidiaries and affiliates operating under the trade name “Dokpam” (“Dokplus”), author, and publisher of the dokpam.ca domain name and the ‘Dokpam’ mobile application (collectively, the “Website”) Dokpam is the service provider and operates the service provided through its platform.
1. NATURE AND APPLICABILITY OF TERMS AND CONDITIONS
The Agreement applies to:
i. A physician or healthcare provider (whether an individual professional or an organization) or similar institution providing the Services on the “DOKPAM” platform, as applicable (“Physician(s)”, “you” or “User”); or
ii. A patient, his or her representatives or affiliates, searching for physicians on the website (“End User”, “you” or “User”); or
iii. A user of the website (“you” or “user”).
This Agreement applies to the services made available by Dokpam on the Website, which are free to access by Users (“Services”), including the following:
For Practitioners: listing of Practitioners and their profiles and contact information, to be made available to other users and visitors of the Website and Application.
For other users: Facility to (i) create and maintain “health accounts”, (ii) search for practitioners by name, specialty and geographic area, or any other criteria that may be developed and made available by Dokpam, and (iii) make appointments with practitioners.
The Services may change from time to time, at DOKPAM’s sole discretion, and the Agreement will apply to your visit to and use of the Website to avail of the Service, as well as to any information you provide on the Website at any time.
DOKPAM reserves the right to modify or terminate any part of the Agreement for any reason at any time, and such modifications will be communicated to you in writing. You should read the Agreement at regular intervals. After the Agreement is modified, you will be bound by the Agreement as so modified and the Service will be provided under such Agreement.
This Agreement sets forth the terms and conditions under which you are permitted to use the Website and describes how we will treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, please feel free to contact us at firstname.lastname@example.org.
You acknowledge that you will be bound by this Agreement to provide any of the services we offer. If you do not agree with any part of the Agreement, please do not use the Website or use the Services.
User’s access to the Website and Services shall be solely at the discretion of DOKPAM.
Any User must be at least 18 years of age to register, use the Services or visit or use the Website in any way. By registering, visiting and using the website or by accepting this agreement, you represent and warrant to DOKPAM that you are 18 years of age or older and that you have the right, authority and capacity to use the website and the services available on the website. You agree to abide by this agreement.
DOKPAM cannot guarantee the infallibility of the system, as it may be affected by factors beyond its control, including physical obstructions, geographical, atmospheric, climatic and technical conditions, as well as by all cases of force majeure.
DOKPAM reserves the right to interrupt the service at any time in the above-mentioned circumstances and undertakes to restore the service as quickly as possible. DOKPAM shall not be liable for any loss or damage caused by such interruption.
2. CONDITIONS OF USE
I. Terms and Conditions for Users:
Users expressly understand, acknowledge and agree to the following:
i. The DOKPAM platform connects users with doctors or other healthcare professionals and facilitates the scheduling of appointments with them. Users are free to choose the healthcare professional from among those registered on DOKPAM. Consequently, DOKPAM declines all responsibility, and the user exonerates DOKPAM from any liability arising from this connection.
ii. In the event that a prescription is provided to the user by the doctor based on the online consultation, it is likely to be varied when the examination takes place in person, therefore, in no case will the prescription provided by the doctors be considered as a definitive prescription and solution.
iii. Users agree to use the Physician’s advice on the Website in accordance with:
An ongoing treatment with their physician;
A condition that does not require emergency treatment, physical examination or medical care;
A medical history available in the form of related records for reference;
A physical examination record and report generated by their treating physician;
A consultation with their physician before discontinuing or changing their current treatment.
iv. The User agrees that by using the “DOKPAM” platform for a virtual consultation, the Doctors on the platform will not perform a physical examination of the User, therefore, the User may not have or be able to obtain important information that is usually obtained by a physical examination. The User acknowledges and accepts this limitation and assumes the full risk thereof.
v. The User understands that “DOKPAM” is not a substitute for treatment that otherwise requires an immediate physical examination/consultation. Further, the User understands that the advice provided by the physician is based on general medical conditions and practices to the best of the User’s knowledge and ability.
vi. The Physician may upload, at the time of consultation and thereafter, the User’s prescription/health records to the User’s account on the Website for access. However, the Physician may or may not issue a prescription in his or her sole discretion.
vii. Notwithstanding anything contained herein, DOKPAM is in no way responsible for the drugs / medicines prescribed or the therapy prescribed by the Physician.
x. The User shall refrain from raising personal questions or advice on the “DOKPAM” platform not related to a specific disease or medication.
xi. The User shall not use abusive language on the “DOKPAM” platform. In the event of abuse on the part of the User reported by a doctor, DOKPAM reserves the right to block the User on the platform, and “DOKPAM” is not responsible for honoring any claim for reimbursement relating to his/her consultation on the platform.
xii. The User may share images or videos of the affected areas of his/her body parts with the Doctor only if absolutely necessary to diagnose his/her condition DOKPAM shall not be responsible for such images or videos shared by the User with the Doctor.
xiv. Users should be prepared to promptly share any relevant documents or reports with the Physician upon request.
xv. For any paid consultation on the “DOKPAM” platform, Users will not obtain a consultation for more than one User. In the event that Users attempt to obtain consultation for more than one User via a single paid consultation on the “DOKPAM” platform, such consultations will not be processed by the relevant physician.
xvi. Users shall not persuade doctors to prescribe drugs (including higher doses) that are not in accordance with professional ethics and the “DOKPAM” prescribing policy.
xvii. If restricted medications are indicated for the treatment or management of a disease or condition by a physician, the user must physically visit the physician of choice to confirm the requirements or need for such restricted medications.
xviii. User understands and agrees to provide accurate information and will not use the “DOKPAM” platform for acts that are considered illegal in nature.
xix. The User agrees and understands that the transaction with the Doctor is subject to Haitian jurisdiction and that any claim, dispute or difference arising therefrom shall be subject, at all times, to the jurisdiction as contained in the Terms and Conditions below. User further agrees and understands that the Physician is licensed to practice medicine in Haiti and that it is User’s responsibility to determine whether he or she has the right to consult with the Physicians via the Website.
xxi. User shall indemnify and hold harmless DOKPAM and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, losses, liabilities, actions, costs and expenses (including but not limited to: court costs and attorney’s fees) arising out of User’s use of the Website, User’s violation of the Terms and Conditions or any law, rule or regulation, or by reason of User’s other actions, omissions, or commissions giving rise to the claim.
II. Terms and Conditions for Physicians
i. The Physician shall promptly respond to the User after receiving the communication. In the event that the Physician fails to comply with applicable laws, rules, regulations and guidelines, DOKPAM reserves the right to replace the Physician for the purpose of consulting the User.
ii. The Physician further understands that he/she has a responsibility to treat the User, professionally and ethically, as he/she would otherwise treat the User in a one-on-one physical consultation model.
iii. The Physician has the discretion to cancel any consultation at any time in cases where he feels it is beyond his expertise or ability to treat the User. He may initiate a refund to the User and the User has the option to choose other Physicians. However, it is strongly recommended that the Physician counsel the User and appropriately explain the next steps which may include referring the User for further evaluation.
iv. The Physician is and shall be duly registered, licensed and qualified to practice medicine/provide health care, wellness services in accordance with applicable laws/regulations/guidelines established by the relevant authorities. The Physician represents and warrants that he/she is not prohibited from practicing medicine in the territory of Haiti.
v. The Physician will ensure that all consultations (virtual, in-home, in-clinic) comply with applicable standards, professional ethics; that the online consultation is treated as a clinic consultation; and that the Physician provides advice to the best of his/her knowledge.
vii. For direct consultations on the “DOKPAM” platform, the Physician will ensure that he/she responds to the User’s health problem within a maximum of two (2) hours from the confirmation of the appointment. In exceptional circumstances, the response time may vary between 10 hours and 20 hours.
viii. In the event that the Physician accepts a consultation from a User of his/her own choosing via chat, then the Physician will ensure that he/she provides a response within three (3) hours of accepting said consultation. In addition, a physician’s response time for an active consultation shall not exceed fifteen (15) minutes.
ix. The Physician shall submit reports for all direct consultations on the Platform and via chat by uploading them to the Platform, as well as prescriptions which must be signed by him/her. The Physician agrees and hereby undertakes to be responsible for the content of the prescription and the authenticity of his signature. In addition to any indemnification provided elsewhere in the Agreement, the Physician hereby agrees to hold harmless DOKPAM, its officers, employees, agents and affiliates from and against any and all claims, damages, losses or penalties arising from any third party claims in connection with the validity of the Prescription, its contents and/or its signature.
xi. In order for a Physician to perform a consultation, it is mandatory for the Physician to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of such consultation summary are as follows:
Summary of the presentation of the disease;
Drug dosage, including side effects if any;
Other instructions if applicable;
Referral for physical consultation (if necessary).
xii. When the physician learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, he/she will be required to provide a referral to the patient for a physical evaluation with the required information via the prescription module.
xiii. Physicians shall not prescribe medications for termination of pregnancy, sedatives, hypnotics, opioids, Schedule X drugs or fourth generation antibiotics on the “DOKPAM” platform. If such medications are indicated for treatment of a given consultation, the physician shall refer the User for a physical consultation.
xv. Physicians agree not to request to view images or videos of the User’s private body parts in any way on the platform.
xvi. If the Physician’s performance on the Platform does not meet the guidelines expected of DOKPAM or if the Physician misuses the “DOKPAM” Platform, this may result in the loss of the privilege to use the “DOKPAM” features and platform.
xix. The Physician acknowledges that in the event of non-compliance with applicable laws, rules, regulations and guidelines established by the authorities, DOKPAM shall be entitled to cancel the consultation with the said Physician or to take any other legal action required.
xx. In the event of a technical failure, at the time of the transaction and payment problem, the User may contact the DOKPAM support team: email@example.com.
xxi. The Physician acknowledges that the information disclosed by the User at the time of the consultation is personal information and is subject to all applicable privacy laws, which shall be of a confidential nature and subject to the privilege of the User and the Physician.
xxii. The Physician understands that DOKPAM makes no promises or guarantees for any uninterrupted communication and the Physician will not hold DOKPAM responsible, if for any reason the communication is not delivered to the User(s), or is delivered late or not accessible, despite the efforts made by DOKPAM.
xxiii. The Physician shall provide excellent quality services. Patient ratings and comments are taken into account in the overall rating of the services provided by the Physician. It is the Physician’s responsibility to keep track of his or her overall performance.
xxiv. It shall be the Physician’s responsibility to ensure that the information provided by the User is accurate and not incomplete and to understand that DOKPAM shall not be responsible for any errors in the information included in any communication between the Physician and the User.
xxv. Physician shall indemnify and hold harmless DOKPAM and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, losses, liabilities, actions, costs and expenses (including but not limited to: court costs and attorney’s fees) arising out of the Services provided by Physician, Physician’s violation of any law, rule or regulation, or by reason of any such other actions, omissions, or commissions of Physician giving rise to the claim.
3. DATA PROCESSING
i. DOKPAM may, through its Services, collect information about the devices through which you access the Website and anonymous data about your usage. The information collected will only be used to improve the quality of DOKPAM’s Services and to create new Services. DOKPAM may from time to time use this information collected from users to resolve customer support issues.
ii The website allows DOKPAM to have access to the e-mail address or personal phone number of registered users for communication purposes in order to provide you with a better way to make appointments and get feedback on practitioners and their practice.
iii DOKPAM will not be responsible in any way for the authenticity of the personal information or sensitive personal data or information provided by the User to DOKPAM or anyone acting on its behalf.
iv The User is responsible for maintaining the confidentiality of the User’s information, account access and password, if the User is registered on the Website. The User is responsible for any use of the User’s account and password, whether or not authorized by the User. The User shall immediately notify DOKPAM of any actual or suspected unauthorized use of the User’s account or password. Although DOKPAM is not responsible for your losses caused by unauthorized use of your account, you may be liable for DOKPAM’s or any other party’s losses as applicable, due to any unauthorized use of your account.
v. If a User provides information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or DOKPAM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DOKPAM has the right to discontinue Services to the User in its sole discretion.
vi. Physician agrees to keep confidential all deliverables and all data, techniques, products, business, financial and other information concerning the business and software programs of DOKPAM, its affiliates, customers, employees, investors, subcontractors, 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. Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or in any other form, regarding DOKPAM’s and/or its affiliates’ software products or software product development, including, but not limited to, configuration techniques, technical data classification, user interface, application programming interfaces, data modeling and management techniques, data structures and other information relating to the software products of DOKPAM and/or its affiliates or derived from testing or other use thereof.
ii. The Physician shall, at all times, protect and safeguard the Confidential Information and agrees not to disclose, give, transmit, in whole or in part, to any other person.
iii. The Physician agrees that he or she will not use any Confidential Information for his or her own purposes or for the benefit of any third party and that he or she will honor DOKPAM’s copyrights and other intellectual property rights and will not copy, duplicate or reproduce in any way such protected materials.
iv. Nothing in the Agreement shall be construed as conferring upon Physician any right, title or interest or copyright in any DOKPAM Confidential Information; or conveying any license to use, sell, exploit, copy or further develop such Confidential Information.
v. Physician’s confidentiality obligations as set forth herein shall survive the termination or expiration of the Agreement. DOKPAM shall have the right to take such action as it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies available at law.
vi. Any non-disclosure agreement executed between DOKPAM and Physician shall remain in full force and effect, provided that the term of such agreement is extended concurrently with the term of this Agreement. In the event of a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the more restrictive obligation shall prevail.
4 LIMITATION OF LIABILITY
i. DOKPAM is a platform made available to Users to help them obtain information from experts and healthcare professionals.
ii. The DOKPAM platform is intended for general purposes only and is not intended to be a medical consultation, used in cases of emergency or serious illnesses requiring physical consultation.
iii. Under no circumstances, including, but not limited to, negligence, shall DOKPAM, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, the “Covered Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages 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, the provision by the user of information through the Website, loss of business or loss of end users even if such Protected Entity has been advised of the possibility of such damages. In no event shall Protected Entities be liable for:
i. Provision or non-provision of all or part of the services by the Doctors to the End Users contacted or managed through the Website;
ii. Any content posted, transmitted, exchanged or received by or on behalf of any user or other person through the Website;
iii. Any unauthorized access to or alteration of your transmissions or data; or
iv. Any other matter relating to the Website or the Service.
5. RIGHT OF REFERENCE
Dokpam Enterprises Inc. is authorized to use the Physician’s name and logo, including trademarks (collectively, the “Marks”) on the Website and in DOKPAM’s marketing materials. DOKPAM shall be authorized to issue press releases of any kind referring to the Physician and the Marks.
Without the prior express consent of the other Party, no User may make any statement, article, advertisement, public or private announcement, press release or similar publicity in any manner whatsoever concerning this Agreement, nor may any User use the name, trade name, trademark, service mark or logo of any Party without the prior written consent of Dokpam Enterprises Inc.
6. INTELLECTUAL PROPERTY RIGHTS
Dokpam Enterprises Inc. retains full and exclusive ownership of all right, title and interest in and to its pre-existing intellectual property rights and, except as otherwise provided in this Agreement, all improvements thereto.
The System, including the communications and network equipment peripheral thereto, shall remain the sole and exclusive property of Dokpam Enterprises Inc. and the User shall not acquire any right, title or interest in the System made available hereunder or upon the expiration or termination of this Agreement.
Dokpam Enterprises Inc. may assign or transfer this Agreement, in whole or in part, or delegate its duties, whether by change of control, operation of law or otherwise, to a Third Party or affiliates, without the consent of the User. Notice may be given to User by the assignor or assignee.
8. FORCE MAJEURE
The Use of the DOKPAM platform may be prevented, hindered, or delayed from performing any of its obligations under this agreement by a force majeure event, the contractual obligations will be suspended. “Force Majeure” means any event which is beyond the reasonable control of a party and which makes it impossible to perform its obligations or which makes it so difficult that it may reasonably be considered impossible under such circumstances. Force Majeure events include, but are not limited to, the following: war, riots, earthquakes, storms, fires, explosions, floods and other climatic upheavals, strikes, lockouts or other industrial actions, confiscations or acts of God.
9. SEVERABILITY OF CONTRACTUAL PROVISIONS
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the entire Agreement. The Contract shall be construed as if the provision(s) held invalid or unenforceable were not contained herein.
No delay or failure by either Party to exercise any right arising from the other Party’s failure to comply with any term of this Agreement shall impair such right or be construed as a waiver by the former of any covenant, condition or content hereof.
11. GOVERNING LAW AND JURISDICTION
This Agreement, and all rights and obligations of the Parties arising out of or in any way related to the subject matter of this Agreement or the transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the Republic of Haiti (subject to any conflict of laws provision that would refer to the application of the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement shall be brought only within the jurisdiction of the Republic of Haiti. The User acknowledges the exclusive jurisdiction of the courts located in Port-au-Prince, Haiti.