This Doctor Onboarding Agreement (“Agreement”) is entered into by and between the Parties on the date of the Doctor’s digital acceptance on the Platform:
PockyDoc Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at 201, Sita Kunj Turel, Pakhadi Rd, Malad West, Liberty Garden, Mumbai - 500064 Maharashtra, India (hereinafter referred to as “PockyDoc”, which expression shall, unless repugnant to the context or meaning thereof, include its successors and assigns),
AND
The Doctor, an individual medical or healthcare professional (excluding MBBS degree holders), who agrees to be bound by the terms of this Agreement upon onboarding via electronic acceptance on the Platform (as defined below).
PockyDoc and the Doctor are hereinafter individually referred to as a “Party” and collectively as the “Parties”.
RECITALS
WHEREAS:
A. PockyDoc is the owner and operator of a healthcare technology platform accessible via its web application and mobile application (collectively referred to as the “Platform”), which facilitates access to various health-related services, including to facilitate its User’s to qualified health professionals;
B. The Doctor possesses a professional qualification other than MBBS (such as BAMS, BHMS, BPT, BDS, MPT, etc.), is duly registered with the relevant statutory authority, and wishes to be listed on the Platform to receive patient referrals and provide health consultation services;
C. Based on the representation and warranties given by both the Parties hereby agree to provide their respective services to PockyDoc’ User’s.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
1. DEFINITIONS: For the purposes of this Agreement, the following terms shall have the meanings assigned to them below:
1.1. “Applicable Laws” means all laws, rules, regulations, guidelines, notifications, and codes of conduct applicable to the Parties in India, including but not limited to the Clinical Establishments (Registration and Regulation) Act, 2010, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, AYUSH guidelines, Telemedicine Practice Guidelines, and Information Technology laws.
1.2. “Doctor” means an individual healthcare professional (excluding MBBS degree holders) possessing a valid registration and license to practice under the relevant statutory authority in India.
1.3. “Platform” means PockyDoc’s Cross-Platform Mobile Application through which users can access healthcare services and consult with registered professionals, including the Doctor.
1.4. “Referral” means the recommendation, suggestion, or direction by the Platform of a user/patient to consult with a Doctor, based on availability, area of specialization, or algorithmic matching.
1.5. “Services” means any consultation, opinion, advice, or treatment rendered by the Doctor to users via the Platform.
1.6. “User” means any individual who accesses or uses the PockyDoc Platform for the purpose of seeking, scheduling, or receiving healthcare consultations or related services, and shall include:
1.6.1. Patients: individuals receiving consultation or treatment from a Doctor through the Platform;
1.6.2. Caregivers or Next of Kin (NOK): individuals who access or use the Platform on behalf of a patient, including parents or legal guardians acting on behalf of a minor or persons who are otherwise incapacitated or legally represented;
1.6.3. Minors: individuals under the age of 18, who may access or receive services on the Platform only through a parent, guardian, or legally authorized caregiver.
1.6.4. The term “User” shall also include any person acting on behalf of or with the authorization of the patient to access healthcare services or information through the Platform.
2. SCOPE OF AGREEMENT
2.1. The Doctor agrees to be onboarded on the Platform upon providing the required credentials, documents, and verification as prescribed by PockyDoc from time to time.
2.2.PockyDoc will enable Referrals of patients to the Doctor through the Platform as per availability, specialization, and internal algorithms.
2.3.This Agreement is executed digitally and shall be binding upon both Parties upon e-signature or digital acceptance during onboarding.
OBLIGATIONS OF THE DOCTOR
3.1. The Doctor shall:
3.1.1. Provide accurate, up-to-date, and truthful information regarding their qualifications, license, and availability.
3.1.2. Possess and maintain a valid professional registration/license with the respective council or authority under Indian law for their practice area (e.g., AYUSH, Physiotherapy, Psychology, etc.).
3.1.3. Ensure continuous compliance with Applicable Laws and ethical standards governing their respective practice and conduct.
3.1.4. Shall ensure availability and timely attendance for all consultations that have been duly booked by Users through the Platform, except where marked as unavailable or cancelled in advance.
3.1.5. Shall inform PockyDoc prior to any unavailability for consultation during any period where the User has opted for Doctor’s Services via Platform.
3.1.6. Be solely responsible for the quality, accuracy, and legality of the healthcare advice or services rendered via the Platform. 3.1.7. Obtain and maintain at their own cost a valid Professional Indemnity Insurance bond/policy covering all liabilities arising from the provision of Services and furnish proof of such coverage upon request. 3.1.8. Promptly update their availability status and notify PockyDoc in case of suspension or cancellation of license, or any other disqualification.
OBLIGATIONS OF POCKYDOC
4.1. PockyDoc shall:
4.1.1. Provide access to the Platform and list the Doctor’s profile in accordance with its internal review and verification process.
4.1.2. Facilitate Referrals to the Doctor on the Platform, subject to demand, algorithmic recommendations, and availability.
4.1.3. Maintain the confidentiality of patient information in accordance with applicable data protection laws and ethical standards.
4.1.4. Not interfere with or influence the Doctor’s medical or clinical judgment in any manner.
PAYMENT TERMS
5.1. PockyDoc shall process payments to the Doctor for services rendered to Users through the Platform, subject to the following terms:
5.1.1. Booking-Based Payment: The Doctor shall be entitled to receive payment for consultations or services that are successfully booked and completed through the Platform by Users.
5.2.2. Weekly Settlement: PockyDoc shall make payments to the Doctor on a weekly basis, within 1-2 working business days following the end of each calendar week, for all eligible and completed appointments during that week.
5.3.3. Deductions: Any applicable Platform service fees, taxes, or statutory deductions (including TDS under applicable tax laws) shall be deducted prior to remittance.
5.4.4. Payment Method: All payments shall be made via bank transfer or any other digital payment method designated by PockyDoc. The Doctor shall be responsible for providing accurate bank account details and for any charges associated with receiving such payments.
5.5.5. Disputes: In case of any dispute regarding the payment amount, the Doctor must notify PockyDoc in writing within 7 days of receiving the payment, failing which the payment shall be deemed accepted.
INDEMNITY & PROFESSIONAL LIABILITY
6.1. The Doctor shall obtain and maintain at all times during the term of this Agreement, at their own cost, a valid Professional Indemnity Insurance policy covering claims arising from professional negligence, malpractice, or any other liability related to the services provided.
6.2. The Doctor shall indemnify, defend, and hold harmless PockyDoc, its directors, officers, employees, affiliates, and representatives from and against all third-party claims, liabilities, disputes, damages, losses, costs, and expenses (including legal fees) arising out of or in connection with:
6.2.1. Any act, omission, negligence, misconduct, or malpractice by the Doctor;
6.2.2. Any breach of Applicable Laws or this Agreement;
6.2.3. Any claim arising from the services rendered by the Doctor to users through the Platform.
6.3. PockyDoc shall not be liable for any advice, consultation, or treatment provided by the Doctor to any user. The Doctor acknowledges and agrees that all liabilities and risks associated with the Services are solely theirs.
TERM AND TERMINATION
7.1. This Agreement shall commence on the Effective Date (the date of onboarding/e-signing) and remain in force unless terminated in accordance with this Clause.
7.2. Either Party may terminate this Agreement by providing 30 (thirty) days’ written notice.
7.3. PockyDoc may terminate this Agreement immediately without notice in the event of:
7.3.1. Any breach of this Agreement;
7.3.2. eceipt of substantiated complaints or legal claims regarding the Doctor’s conduct;
7.3.3. Suspension, expiration, or revocation of the Doctor’s professional license;
7.3.4. Violation of any law or regulation.
DATA PROTECTION AND PRIVACY
8.1. The Parties shall comply with all data protection and privacy laws applicable in India, including but not limited to the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Digital Personal Data Protection Act, 2023 and its rules as amended from time to time.
8.2. The Doctor shall adopt and implement reasonable security practices to safeguard all patient data accessed or processed through the Platform, including role-based access, audit logging, and encryption of sensitive information.
8.3. The Doctor shall immediately notify PockyDoc of any actual or suspected data breach relating to patient information.
INTELLECTUAL PROPERTY AND CONTENT LICENSING
9.1. The Doctor acknowledges and agrees that all intellectual property rights, proprietary technology, code, algorithms, software, architecture, business processes, technical documentation, inventions, trade secrets, and know-how pertaining to the Platform, including any and all modifications, enhancements, derivative works, templates, interfaces, source code, object code, and combinations thereof (collectively, the “Platform IP”) are and shall remain the sole and exclusive property of PockyDoc Technologies Private Limited.
9.2. Except for the limited right to access and use the Platform in accordance with this Agreement, no license, right, or interest is granted to the Doctor in any Platform IP or know-how, whether by implication, estoppel, or otherwise. The Doctor shall not, directly or indirectly, reverse engineer, decompile, disassemble, copy, reproduce, modify, create derivative works of, distribute, sublicense, transmit, or exploit the Platform or Platform IP in any manner, except as explicitly authorized in writing by PockyDoc.
9.3. Except for the limited right to access and use the Platform in accordance with this Agreement, no license, right, or interest is granted to the Doctor in any Platform IP or know-how, whether by implication, estoppel, or otherwise. The Doctor shall not, directly or indirectly, reverse engineer, decompile, disassemble, copy, reproduce, modify, create derivative works of, distribute, sublicense, transmit, or exploit the Platform or Platform IP in any manner, except as explicitly authorized in writing by PockyDoc.
9.4. Without limiting the generality of the confidentiality obligations under this Agreement, the Doctor shall not use, disclose, or permit the use or disclosure of any proprietary know-how, software, technical information, architectural designs, business methods, manuals, APIs, or configurations relating to the Platform (“Confidential Platform Information”), except strictly as required to perform services under this Agreement and subject at all times to PockyDoc’s prior written consent.
9.5. The Doctor shall take all necessary precautions to maintain the confidentiality of the Platform IP and Confidential Platform Information, including restricting access to employees, agents, or subcontractors only on a strict need-to-know basis and ensuring such Parties agree to confidentiality obligations no less stringent than herein.
9.6. The Doctor shall, upon expiration or termination of this Agreement, immediately cease all use of the Platform and return or irretrievably destroy all Confidential Platform Information and any copies thereof in their possession or control
9.7. The Parties agree that any breach of this clause by the Doctor shall result in immediate termination of this Agreement and may cause irreparable harm to PockyDoc, entitling PockyDoc to injunctive relief, specific performance, and any other remedy available under law, in addition to monetary damages and indemnification for all resulting losses.
9.8. Any medical opinions, content, documentation, educational resources, or other material submitted by the Doctor to the Platform shall remain the exclusive property of the Doctor; however, the Doctor grants PockyDoc a royalty-free, worldwide, non-exclusive right and license to use, display, publish, and modify such content for the purposes of providing and improving Platform services.
9.9. The Doctor warrants that all submitted materials are original or lawfully licensed and do not infringe any third-party intellectual property rights.
SERVICE LEVEL STANDARDS AND PLATFORM COMMITMENTS
10.1. Performance Standards:
10.1.1. The Doctor shall comply with Platform-mandated service levels, including minimum response times, consultation availability, and timely attendance for booked appointments, as notified by PockyDoc from time to time.
10.1.2. Persistent failure to meet service levels shall constitute grounds for suspension or termination of this Agreement.
10.2. Platform Commitments:
10.2.1. PockyDoc shall use reasonable efforts to maintain uninterrupted availability of the Platform and shall notify the Doctor in advance of any planned outages or maintenance that may affect services.
TELEMEDICINE PRACTICE GUIDELINES COMPLIANCE
11.1. The Doctor shall comply, at all times, with the Telemedicine Practice Guidelines issued by the Ministry of Health and Family Welfare, India, and any subsequent amendments, including but not limited to requirements regarding audio-visual consultations, e-prescriptions, patient identity verification, informed consent, and medical record-keeping.
11.2. The Doctor agrees to stay updated and implement all applicable statutory notifications relevant to the provision of remote health consultations and notify PockyDoc if relevant/required.
REPRESENTATIONS AND WARRANTIES
12.1. Each Party represents and warrants that it has the full legal right, power, and authority to enter into this Agreement.
12.2. The Doctor represents and warrants that:
12.2.1. They possess a valid license to practice in India;
12.2.2. They are not barred or disqualified by any regulatory authority;
12.2.3.
They shall not impersonate or misrepresent their credentials or experience.
LIMITATION OF LIABILITY
13.1.1.To the maximum extent permitted by law, PockyDoc shall not be liable for any indirect, incidental, special, or consequential damages, including any loss of income or data, arising from the Doctor’s use of the Platform or provision of Services.
MISCELLANEOUS
14.1.
Governing Law & Jurisdiction: This Agreement shall be governed by the laws of India. The courts of Mumbai shall have exclusive jurisdiction over any dispute arising under this Agreement.
14.2. Electronic Execution: This Agreement shall be deemed executed upon digital acceptance or e-signature by the Doctor during onboarding. No physical signature is required.
14.3. Amendment: PockyDoc reserves the right to amend this Agreement from time to time. The amended version will be published on the Platform, and continued use of the Platform by the Doctor shall constitute acceptance.
14.4. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect.
14.5. No Agency: Nothing in this Agreement shall be deemed to create an employment, partnership, agency, or joint venture between the Parties.
14.6. Assignment: The Doctor shall not assign or transfer their rights or obligations under this Agreement without prior written consent from PockyDoc.
14.7. Notices: All communications shall be made electronically via the Platform or registered email.
14.8. Force Majeure: Neither Party shall be liable for any delay or failure in the performance of its obligations under this Agreement due to force majeure events, including but not limited to acts of God, war, civil disturbances, epidemics, regulatory changes, or failures in telecommunications or internet services, provided that the affected Party notifies the other Party promptly and takes reasonable steps to mitigate the impact.
