Terms ' and Conditions For Doctor/Facility
The first party is YoKlinic and the second party is the health practitioner. A doctor, health facility, or consultant offering services on a platform will be referred to as the practitioner.
Name, qualifications, and practice details (area of specialty), location, registration number (basically all the information and details of the doctor or hospital)
A doctor/ health facility/ onboarded practitioner will offer consultations on virtual conferencing or physical, follow-ups, prescriptions, scheduling, and patient management. Practitioners are encouraged to offer high standards of care, for they are fully liable for outcomes of their services.
The agreement between the Doctor and the Platform will be effective for a year commencing today on 12/19/2024. It may be renewed for additional…2 years… upon mutual agreement by both parties, unless either party provides written notice of non-renewal at least one month before the end of the current term. Either party may terminate the agreement at any time by providing a prior written notice. Immediate termination may occur if either party breaches the terms and fails to remedy the breach within agreed time after receiving notice.
Fee Structure: The practitioner/ health facility/doctor receives the very amount they charge in their physical daily business. The YoKlinic platform will add on a 20% commission on the amount reflected to the customer for payment.
i) YoKlinic holds the payment for the practitioner in trust on the Mobiklinic bank account and periodically remits it to the practitioner.
ii) Health facilities are required to pay 10,000 Uganda shillings monthly subscription fee or 120,000 Uganda shillings annually.
iii) Payment Terms - Monies held on behalf of the practitioner will be paid to the practitioner promptly, weekly or monthly. iv) Method of payments: Patients will be required to pay by card or mobile money.
The Doctor/hospital agrees to provide medical services in compliance with all relevant medical standards, laws & regulations, ethical guidelines, and industry standards applicable in Uganda. The practitioner agrees to give YoKlinic a photocopy of their license.
Licensing & Certification - To practice telemedicine, the doctor must maintain the necessary licenses and certifications including relevant medical license renewals. The
Doctor agrees to stay updated with changes in medical practices, telemedicine regulations, and any training required by the Platform to maintain service quality and regulatory compliance.
The Platform reserves the right to periodically monitor or audit the Doctor's performance on the platform to ensure compliance with medical standards and quality assurance protocols. Any failure to comply with these standards may result in corrective actions, including termination of the agreement.
The Doctor/hospital shall be solely responsible for any medical services provided through the Platform. The Doctor/hospital agrees to indemnify, defend, and hold harmless the Platform from any claims, damages, or liabilities arising out of the provision of medical care, professional misconduct, or failure to comply with applicable medical laws and standards.
The Platform shall not be liable for any medical advice, diagnoses, or treatments provided by the Doctor/hospital through the platform. The Platform's liability shall be limited to its role in providing the telemedicine software and services, and it will not assume responsibility for the medical outcomes or patient interactions facilitated through the Platform.
The Doctor/hospital agrees to indemnify and hold the Platform, its officers, employees, and affiliates harmless against any third-party claims, actions, or damages arising from the Doctor's negligence, malpractice, or violation of any medical laws.
Compliance with Data Privacy Laws: The Doctor/hospital and the Platform agree to comply with all applicable data protection and privacy laws such as Data Protection and Privacy Act 2019, National Information Technology Authority Uganda Act 2009. The Platform will implement and maintain industry-standard security measures to protect patient data from unauthorized access, disclosure, alteration, or destruction. The Doctor agrees to handle patient data only through the Platform's secure systems and to follow the Platform's s data protection policies.
The Doctor/hospital acknowledges that patient data is confidential and agrees to use it solely to provide telemedicine services per medical standards and applicable laws. The Doctor must not share or disclose patient information without the explicit consent of the patient, except as required by law. All patient data collected during consultations belongs to the patient and must be handled by applicable legal requirements. The Platform shall serve as a data processor and will only process data on behalf of the Doctor for purposes related to the provision of telemedicine services.
All intellectual property rights, including but not limited to software, trademarks, logos, designs, and other proprietary materials related to the telemedicine platform, shall remain the exclusive property of the Platform. The Doctor is granted a limited, non-exclusive, and revocable license to use the Platform for the sole purpose of providing telemedicine services. The Doctor/hospital agrees not to modify, reverse-engineer, reproduce, or create derivative works from any part of the Platform.
In the event of any dispute, claim, or controversy arising out of or in connection with this Agreement, the parties may resolve the matter amicably through mediation. The mediation shall be conducted by a neutral mediator agreed upon by both parties, and the costs of mediation shall be shared equally unless otherwise agreed. If this fails, either party may seek recourse in the courts of law of Uganda, which shall have exclusive jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Uganda. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Uganda.