1st April - 2020
Nexus Corporation (hereafter referred to as “Nexus”), develops and operates an online healthcare platform for healthcare service providers, hereby referred to as doctors, to manage their services and engage with their patients, hereafter referred to as the ‘DocLink’ Mobile Application. “We”, “our” and “us” currently refers to Nexus in the terms defined below. These Terms are between Nexus and its Customers, hereafter referred to as “you” or collectively as “Customers”.
The DocLink Mobile Application supports the goal of continuous care for health by providing healthcare service providers who are our Customers, with an online Clinic (involving associated mobile applications and hereafter collectively referred to as the ‘Virtual Practice’) that enables them to be securely accessible to their patients, through web and mobile services enabling online consultations and remote patient monitoring. The Virtual Practice applications are intended only as tools, which help healthcare providers and their patients to collaborate in the healthcare of the patients, using communication, scheduling, administrative and data managing capabilities. Virtual Practice also enables online presence management for better patient engagement.
Healthcare service providers can set up a Virtual Practice on the DocLink platform (hereafter referred to as ‘Doctors). If a Virtual Practice is being set up by an individual healthcare service provider who is not formally affiliated with an organization, the Doctor is the individual creating the Virtual Practice. If the Virtual Practice is being set up for a healthcare services organization by an authorized representative, the organization is the Customer.
By using your Virtual Practice and associated applications, your Patient Users understand that the healthcare providers in the Virtual Practice have access to view and update their healthcare data in the course of providing them with healthcare services. Ownership of and responsibility for healthcare data of patients in a Virtual Practice rests with the Doctor.
This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our DocLink Mobile Application by Doctors and Authorized Users in the Virtual Practices of our Doctors.
Any violation of the policy could result in the suspension of your access to the Platform Services and if found to be deliberate, repeated and possibly harmful to other users of the platform will result in termination of your access to the DocLink Platform Services. This policy may change as the platform evolves, so please proactively look up updates to the policy.
The pin code that you receive on each login attempt is unique to you, and you agree not to disclose or share it with any third party. You are responsible for keeping your pin code confidential and for notifying us immediately if your pin code has been hacked or stolen.
You also agree that you will be solely responsible for any activities conducted on or through the DocLink Mobile Application with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your mobile device. You hereby release and hold harmless Nexus from any claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.
Your use and access of the DocLink platform, its apps, and services, is entirely at your initiative and risk. You are solely responsible for compliance with local laws in your respective country concerning the use of such services. Nexus does not claim that the DocLink Mobile Application is fully compliant for use within all the countries and territories from where it may be accessed.
From time to time, some of our users do provide us with feedback on recommended changes and/or corrections to our platform and apps. Such recommendations are sometimes accepted if they fit in with our overall product roadmap. If you provide such feedback, you warrant that it does not include any person or entity’s proprietary information. You also fully agree that Nexus is not obliged to use or act on this feedback and even if it does, it has full, royalty-free, perpetual, irrevocable, transferable and global license to use this feedback.
Nexus is constantly updating the DocLink platform and apps to provide the best possible experience for its users. All users acknowledge and agree that the form and nature of the services provided by the platform may change from time to time, features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.
You shall not use the DocLink platform and its apps and services for any purposes other than those intended by Nexus and as determined by Nexus at its sole discretion.
You shall not attempt to circumvent any security measure put in place for the DocLink platform users or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by Nexus, through hacking, password mining or any other means.
You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
You shall not attempt to access, access or obtain information regarding any account other than your own, by any means whatsoever. You may not use the DocLink platform and its apps and services in any manner that could damage, disable, overload, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services.
You may not use any robot, spider, scraper or other automated means to access the DocLink Mobile Application or website for any purpose without our written permission. Violation of this policy may result in termination of your access to the site, deactivation or deletion of your registration and all related information and files you have stored on the platform.
If you are a competitor service, you shall not use this service as a user to study and copy features and services provided by Nexus’s DocLink platform, apps, and services.
To protect the integrity of its DocLink website and Platform Services, Nexus reserves the right at any time in its sole discretion to block users from certain IP addresses.
You are responsible for the information you voluntarily post and agree to defend (at your sole expense), indemnify and hold Nexus harmless from any damages, losses, costs, or expenses which Nexus may incur as a result of information you post.
In addition to the above general terms of acceptable use, the following responsibilities apply to all Doctors.
The platform usage varies for different users. Patients use the platform by purchasing different subscription packages created by doctors whereas doctors are charged a fixed percentage from all the earnings which they receive from their sold packages.
The following platform services are currently provided free of charge but Nexus reserves the right to charging for them at cost based on actual usage, at any point in its choosing.
Subscriptions are managed and paid for either through cash or online transactions by Customers, who can choose to subscribe on a daily, weekly, monthly, annual or pay-per interaction plan.
All subscriptions must be manually renewed at the end of the billing cycle for the upcoming subscription periods equal to the preceding subscription period, and the per Team User pricing during any manual renewal term will be based on the amount of subscription set by Doctor at the point of renewal. All subscription payments are paid forward for the upcoming subscription term.
Nexus’s DocLink platform services, all content, and information, visual designs, and branding created by and for Nexus, and all intellectual property rights embodied therein, are the property of Nexus and are protected by trademarks, copyrights, patents, proprietary rights, and IP laws.
Nexus and DocLink are the trademarks of Nexus. Nexus does not grant any rights to copy, use, modify, reproduce, adapt, distribute or create derived works of any part of its DocLink platform, apps, content, website, and design. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorization of Nexus.
To the extent allowed by applicable law, implied warranties on the Software, Nexus software, and services are provided without any warranty of any kind, and Nexus hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. Nexus makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.
To the maximum extent permitted by applicable law, the above warranty is exclusive and instead of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement of intellectual property rights.
The users expressly understand and agree that nexus and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if nexus has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) any changes which nexus may make to the services (v) your failure to keep your pin code and account details secure and confidential;(vi) any other matter relating to the service.
The limitations on nexus’s liability to the User shall apply whether or not nexus has been advised of or should have been aware of the possibility of any such losses arising.
All your paid subscriptions to the doctors and/or any of the DocLink Mobile Application expires due to a cancelled subscription and/or expiry of a subscription that was not in auto-renewal mode.
On termination of your account, you will no longer be able to use your account or any Platform Services of the platform. Any obligations you may have before the effective date of termination must be met. Any termination does not relieve any user of the obligation to pay any fees payable to us for the period before the effective date of termination.
Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Agreement in its entirety (including all order forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. The customer will keep its billing and contact information current at all times by notifying Nexus of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.
Nexus and its officers, directors, employees, agents, content providers, customers and suppliers shall be absolved from any claim or damages resulting from any cause(s) over which Nexus or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.