Agreement Between Sheba One Lt. And the Doctor/practionioner

Sheba’s mission is to help billions of people live healthier and longer lives. In pursuit of this mission, our aim is to offer an exceptional experience to both users (users refer to patients in the document as per Sheba Terms & Conditions ) and healthcare doctors/practitioners. As a valuable partner on our platform we want to ensure that the practitioners’ experience on the Sheba booking platform is seamless to both, them and their users. 

TERMS OF USE For  DOCTORS

The terms in this section are applicable only to Practitioners.

1. LISTING POLICY

  • Sheba One, directly and indirectly, collects information regarding the Doctors’ profiles, contact details, and practice. Sheba One reserves the right to take down any Doctors’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Doctor. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Sheba One immediately to enable Sheba One to make the necessary amendments.
  • Sheba One shall not be liable and responsible for the ranking of the Doctors on external websites and search engines
  • Sheba One shall not be responsible or liable in any manner to the Doctors for any losses, damage, injuries or expenses incurred by the Doctor/practitioner as a result of any disclosures or publications made by Sheba One where the User has expressly or implicitly consented to the making of disclosures or publications by Sheba One. If the Doctor had revoked such consent under the terms of the Privacy Policy, then Sheba One shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Sheba One prior to its actual receipt of such revocation.
  • Sheba One reserves the right to moderate the suggestions made by the Doctors through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Sheba One shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Doctors are added to the Website.
  • Doctors explicitly agree that Sheba One reserves the right to publish the Content provided by Doctors to a third party including content platforms.
  • You as a Doctor hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Sheba One accepts no liability for the same.
  • The Doctor hereby release and agree to hold harmless Sheba One Lt , its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the Doctor arising due to the negligence or misconduct of the Doctor.

PROFILE OWNERSHIP AND EDITING RIGHTS 

Sheba One ensures easy access to the Doctors by providing a tool to update your profile information. Sheba One reserves the right of ownership of all the Doctor’s profile and photographs and to moderate the changes or updates requested by Doctors. However, Sheba One takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Sheba One’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Sheba One may modify or delete parts of your profile information at its sole discretion with or without notice to you. 

 

Guidelines 

To enable you to deliver a great experience to patients booking appointments with you via Sheba website/app, we request all Doctors to follow the below: 

  1. Ensure that the patient consults the same Doctor with whom the appointment has been confirmed within 2 hrs of the scheduled appointment time. If due to Doctor’s unavailability this is not possible, then the appointment should be cancelled or rescheduled to another time beforehand
  2. Communicate to the patient about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment*
  3. Update the practitioner’s Sheba Profile and calendar in following cases:
    • Any scheduled closure* of the clinic/hospital, e.g. on festivals; and, blocking calendar* on personal holidays
    • Transfer of resident/consulting practitioners to another establishment*
    • Change in Doctor or clinic/hospital’s consultation timings*

*The features to perform these are available on Sheba Profile. For details on these, please feel free to reach out to us at [email protected] or you may call our hotline--01755660692

Exceptions to the Guidelines 

We completely understand and respect the complexity of the medical profession, and therefore consider following exceptions(where a healthcare practitioner was unable to follow the above guidelines): 

  1. In case of personal or medical emergencies, we understand that doctor substitution, doctor no-show, last minute cancellation/rescheduling is unavoidable. In such instances, on discretion, a one-time exception for non-compliance will be made.
  2. In case the patient is consulted by another Doctor followed by the one with whom the appointment was booked, then it is not considered as non-compliance.
  3. In case patient’s wait time exceeds 2 hours, non-compliance is assigned on a case-by-case basis.
  4. In case the practitioner doesn’t practice anymore at the clinic, where appointment has been booked, the clinic owner/doctor must update the information.

Non-compliance to the Guidelines 

Non-compliance cases are kept in record as and when reported to ShebaOne via users. All such cases are verified by our team with both, the Doctor and the user. Each inbound and verified non-compliance case received by ShebaOne, will be communicated to the practitioner (clinic/hospital and doctor) in following ways - 

  1. Email and SMS at the doctor and practice registered email ID and mobile number.
  2. Book Standards dashboard for all practices and doctors on Book facility.

Non-compliance cases lead to poor patient experience and may have a negative impact on the reputation of the practice, therefore ShebaOne may in such instances deactivate the ‘Book’ facility from ShebaOne profile for allowing the Doctor to become well-versed with the guidelines and become comfortable with using the features associated with it. However, while the Book facility is deactivated, the patients would still be able to connect with the practitioner or clinic/hospital through the ‘Call’ facility. 

The deactivation of Book will be based on the number of verified non-compliance cases in the current quarter i.e. 90 days period (starting on 1 Jan, 1 April, 1 July, 1 Oct every year), as explained below - 

Number of verified non-compliance 
cases in current quarter 
Action  Minimum “Book” deactivation period 
Email and SMS to practice and doctor alerting non-compliance case  0 days 
Doctor’s Book facility may be deactivated until training course completion  Until training course completion 
Doctor’s Book facility will be deactivated to avoid poor patient experience  Minimum 20 days, followed by training course completion 

Note 

  1. All numbers in the table above are computed on a practitioner-clinic/hospital combination
  2. The number of non-compliance cases are calculated after excluding exceptions mentioned in “Exceptions to the Guidelines”

 

Restoring the Book facility 

In the rare instance of the Book facility being deactivated, reinstatement and has to be initiated by the Doctors after the minimum deactivation period ends. Below are the ways Doctors or clinic/hospital owner can restore Book facility - 

  1. ShebaOne will send an email and SMS while deactivating the Book facility. It will have link to the complete the training course. Once you complete the course, please reach out to ShebaOne support at [email protected] or call our hotline-01755660692 to activate Book again.

The reinstatement of Book facility is dependent on the level of reliability of patient experience being delivered as per the Guidelines. 

Above terms are valid for practitioners and clinic/hospitals based in Bangladesh only. And it will be considered an agreement between ShebaOne and the Doctor/Practitioner.

 

REVIEWS AND FEEDBACK DISPLAY RIGHTS OF Sheba One 

 

  • All Critical Content is content created by the Users of www.shebaone.com (“Website”) and the clients of Sheba One customers and Practitioners, including the End-Users. As a platform, Sheba One does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’. Sheba One’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
  • Sheba One reserves the right to collect feedback and Critical Content for all the Doctors, Clinics and Healthcare Providers listed on the Website.
  • Sheba One shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
  • You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Sheba One shall not be liable for any effect on Doctor’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Sheba One however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.
  • Sheba One will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
  • Sheba One determines that you have provided inaccurate information or enabled fraudulent feedback, Sheba One reserves the right to immediately suspend any of your accounts with Sheba One and makes such declaration on the website alongside your name/your clinics name as determined by Sheba One for the protection of its business and in the interests of Users.

 

RELEVANCE ALGORITHM 

 

Sheba One’s relevance algorithm for the Practitioners is a fully automated system that lists the Doctors, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Sheba One. Sheba One will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Doctors will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Sheba One in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website. 

 

INDEPENDENT SERVICES 

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Sheba One. 

Sheba One REACH RIGHTS 

Sheba One reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Sheba One will not be liable for the accuracy of information or the claims made in the Sponsored ads. Sheba One does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Sheba One will not be liable for the services of the providers of the Sponsored ads. 

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Sheba One accepts no liability for the same. 

 

BOOK APPOINTMENT AND CALL FACILITY 

1. Sheba One Lt will provide an online doctor booking portal as well as App to all authentic and licensed Doctors who will register with Sheba One Lt and agree to this terms and conditions.

  • As a valuable partner on our platform we want to ensure that the Doctors experience on the Sheba One booking platform is beneficial to both, Doctors and their Users.

     
  • Doctors understand that, Sheba One shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Sheba One.

Doctors UNDERTAKING 

The Doctor is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the operating country . The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered. 

 

Online Consultation Terms for Doctors:

This online consultation facility is only available through Sheba App and smartphone

  1. The Doctor shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Sheba One shall have the right to replace such Doctors for the purpose of consultation to the User.
  2. The Doctor further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Doctor would have otherwise treated the User on a physical one-on-one consultation model.
  3. The Doctor has the discretion to cancel any consultation at any point in time in cases where the Doctor feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Doctors. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps which may include referring the User for further evaluation.
  4. The Doctor is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Doctor shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of operating country. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
  5. Doctors shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Practitioners’ knowledge.
  6. The Doctor hereby agrees to Sheba One’s medical team carrying out an audit of his/her consultations on the online Consultation platform for the purpose of improving treatment quality, user experience, and other related processes. The Doctor acknowledges that the subject matter of audit may include their personal information. This personal information will be processed in accordance with the Privacy Policy.
  7. For direct consultations on the online Consultation platform, the Doctor shall ensure that they respond to User's health concern within a maximum of two (2) hours of the Practitioner receiving the message (in exceptional circumstances, where the consultation was allocated to a Doctor without their acceptance). However, the time frame for response shall be between 10 am to 8 pm.
  8. In case, the Doctor accepts a User’s consultation by their own choice, then such Doctors shall ensure to provide a response within five (5) minutes of accepting the said consultation. Also, the response time for a Doctor during an active consultation shall not exceed five (5) minutes.
  9. In case, the Doctor has marked himself/herself available for a particular consultation on the online Consultation platform and in the event a consultation has been auto allocated to a Practitioner, then such Doctors shall ensure to provide a response to the User within five (5) minutes of accepting the consultation and during the active consultation period.
  10. Doctors should provide e-prescriptions to the Users only via the prescription module. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Doctor hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided else-where in the Agreement, the Doctor hereby agrees to hold Sheba One, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
  11. For a Doctor to complete an online consultation, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:
    1. Summary of presenting illness
    2. Provisional diagnosis
    3. Medicine posology including side effects if any
    4. Diagnostics
    5. Lifestyle changes
    6. Other instructions if any
    7. Referral for physical consultation (if necessary)
    8. Where the Doctor learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Doctor shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.
    9. Doctors shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the Consult platform. If any such drugs are indicated for treatment for a given consultation, the Practitioner shall refer the User for a physical consultation.
    10. In the event the Doctor learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Practitioner agrees to report such events to Sheba One via the email: [email protected] immediately
    11. The Doctors agrees not to request see for images or video of the User's private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.
    12. If Doctor needs to change the status to 'unavailable', the same could be changed after having completed all the open consultations. In case the Practitioner leaves a consultation open and changes the status to 'unavailable', the Practitioner understands that he shall be liable to pay such penalty as may be imposed by Sheba One, in these cases.
    13. The Doctor is not allowed to use any other platform other than the online Consultation platform for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Practitioner.
    14. If the Doctor’s performance on the online Consultation platform is not compliant with the expected guidelines of Sheba One or the Doctor is found to be misusing the online platform, the Doctor may result in losing the privilege of using the online feature & platform.
    15. The Doctor acknowledges that should Sheba One find the Doctor to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Sheba One shall be entitled to cancel the consultation with such Doctor or take such other legal action as may be required.
    16. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User may contact Sheba One's support team via online chat: https://www.shebaone.com/onlineconsult/direct/chat-support.
    17. It is further understood by the Doctor that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
    18. The Doctor understands that Sheba One makes no promise or guarantee for any uninterrupted communication and the Doctor shall not hold Sheba One liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Sheba One
    19. The Doctor understands that Sheba One makes no promise or guarantee for the number of consultations that will be allocated to a Doctor on the Consult platform. The consultations allocated to a Doctors will depend upon various factors, which inter-alia includes, online consultation Consult response time, patient feedback and number of Doctors available, etc., It is the responsibility of the Practitioner to keep a track of their overall performance .
    20. It shall be the responsibility of the Doctor to ensure that the information provided by User is accurate and not incomplete and understand that Sheba One shall not be liable for any errors in the information included in any communication between the Doctor and User.
    21. The Doctor shall indemnify and hold harmless Sheba One and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Doctor, violation of any law, rules or regulations by the Doctor or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.

 

CONFIDENTIALITY

The Doctor using the online Consultation platform, as the case may be, shall have the following confidentiality obligations:

  1. The Doctor agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of Sheba One, its affiliates, 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. Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or in any other form, regarding Sheba One’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to Sheba One’s and/or its affiliates’ software products or derived from testing or other use thereof.
  2. Doctors will at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
  3. Doctors agree that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of Sheba One and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.
  4. Upon request of Sheba One or upon termination of the Agreement, Consultant shall promptly deliver to Sheba One any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Doctors.
  5. Nothing in the Agreement will be construed as conveying to the Doctor any right, title or interests or copyright in or to any Confidential Information of Sheba One; or to convey any license as to use, sell, exploit, copy or further develop any such Confidential Information.
  6. The confidentiality obligations of the Doctors as mentioned herein will survive termination or expiration of the Agreement. Sheba One has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
  7. This document will be considered as non-disclosure agreement signed between Sheba One and the Practitioner will remain effective. If there is a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the most restrictive obligation will prevail.

 

Payment Terms

2. The  Doctor is agreeing by accepting this terms and condition to offer 5% commission or service charge to Sheba One Lt out of total doctor fee to  be collected from the customer in advance by sheba One Lt. And the patient will pay the doctor remaining 95%  after going to his/her  chamber or when the doctor visits his/her home (in case of Home visit) in case of Physical appointment, in case of online consultation, Sheba One will collect 100% doctor fee from the patient in advance, and then send 95% of total doctor fee to the doctor bank account  once in a week.

3.  The general User’s Terms & conditions, Privacy Policy and Return&Refund Policy of Sheba One Lt. are also applicable for Labs, by accepting this terms and conditions, the Lab is also accepting general User’s Terms & conditions, Privacy Policy and Return&Refund Policy of Sheba One Lt.