NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are -
- A registered medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
- A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
- Otherwise a user of the Shohoz App and/or Shohoz Website (“you” or “User”). This Agreement applies to those services made available by Shohoz under the Health section including the following:
- For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Shohoz Super App and Shohoz Website.
For other Users: Facility to (i) Avail list of Practitioners by name, specialty or any other criteria that may be developed and made available by Shohoz and (ii) to make appointments with Practitioners.
The Services may change from time to time, at the sole discretion of Shohoz, and the Agreement will apply to your visit to and your use of the Shohoz SuperApp and or Website to avail the Service, as well as to all information provided by you to Shohoz at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Health services in the Shohoz SuperApp and or Shohoz Website and describes the manner in which we shall treat your account while you are registered as a user with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Shohoz App and Shohoz Website to avail any Services.
Your access to use of the Shohoz App and/or Shohoz Website and the Services will be solely at the discretion of Shohoz.
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. Parents/Guardians of patient under the age of 18 or of disability may register or use the services or visit the website/app on the patient’s behalf. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Shohoz that you are 18 years of age or older, and that you have the right, authority and capacity to use the Shohoz App and Shohoz Website and the Services available through the Shohoz App and Shohoz Website, and agree to and abide by this Agreement.
DISCLAIMER: Health Services
- The Health service is NOT to be used in POTENTIAL or ACTUAL MEDICAL EMERGENCY situations.
- Shohoz Health is not a licensed or regulated medical service/care provider and thereby does not by any means be used to replace professional medical advice or diagnosis and/or to treat or manage any illness or medical condition.
- No formal medical diagnosis and or treatments are provided through the Health services of Shohoz and that all information provided on or through the Health services in the Shohoz SuperApp and /or Website or in connection with any communications through the Shohoz SuperApp and /or Website, including, but not limited to communications with doctors or registered practitioners (collectively referred to as "Registered Medical Practitioners") providing private online consultations (a "Consultation") on the PLATFORM is intended to be for general information purposes only. The provision of such Information does not create a licensed medical professional/patient relationship, between Shohoz and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
- You may speak directly to a Registered medical Practitioner for a private consultation via in the Shohoz SuperApp and /or Website where limited medical advice may be provided by the Registered Practitioner. The session is not to be used for receiving any kind of formal medical diagnosis, physical examination and or treatment. Your participation in the private online consultation does not constitute the Registered Medical Practitioner as your primary care doctor and that you agree not to use the Heath services in the Shohoz SuperApp and /or Website as a substitute for interactions with your personal doctor. Shohoz shall not be held liable for any advice received from the medical practitioner.
- Your choice of registered medical practitioner and your satisfaction of his/her suitability for the conditions seeking consultation for, his/her credentials and/or license or qualification; and the verification of the accuracy of the information provided via the Shohoz SuperApp and /or Website is your sole responsibility and that Shohoz is not liable for any non-delivery and/or unsatisfactory outcomes.
- Shohoz is not accountable, responsible or does not provide any protection for any user-practitioner interaction/s taken place beyond the Shohoz app/website.
- Shohoz cannot be held liable for any unintentional / unexpected technical problems either on the user’or on the practitioner’s side. For better experience we suggest using a good quality device with strong bandwidth.
- User preference - this is a video consultation platform with a practitioner for general information dissemination. The practitioner might ask to see the portion of body for which some general advice is sought. If the user does not feel comfortable sharing video or sharing information – then Shohoz cannot be held liable for user dissatisfaction and or refund.
- Shohoz Health service or any person associated with the service, is not liable for any kind of personal injury, including death, attributable to or caused by your use or misuse of the service via Shohoz app and or website, to the fullest extent permissible by law.
- The Registered Practitioner is solely responsible for determining the need for further actual face-to-face consultation with a certified medical professional/doctor and that in under no circumstance shall Shohoz Health platform be liable for providing any kind of refund if the user of the service is not satisfied with the response given by the practitioner during the scheduled Q&A session.
LISTING CONTENT AND DISSEMINATING INFORMATION
- Shohoz collects, directly or indirectly, and displays on the Shohoz SuperApp and Website, relevant information regarding the profile and practice of the Practitioners listed, such as their specialization, qualification, fees, location, visiting hours, and similar details. Shohoz will take reasonable efforts to ensure that such information is updated at frequent intervals. Although Shohoz gives reasonable efforts to screen the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by Shohoz or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Shohoz does not provide or make any representation, warranty or guarantee, express or implied about the Health section of the Shohoz SuperApp and or Shohoz Website or the Services. To the fullest extent permitted by law, Shohoz disclaims all liability arising out of the User’s use or reliance upon the Health section of the Shohoz SuperApp and or Shohoz Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Health section of the Shohoz SuperApp and or Shohoz Website, or any opinion or suggestion given or expressed by Shohoz or any User in relation to any User or services provided by such User.
Appointment Booking and Video/audio Call Facility
- Shohoz Health enables Users to connect with Practitioners through two methods: a) Book appointment facility that allows Users book an appointment via Shohoz Call center; b) Value added Video call facilities and or telephonic services which connect Users directly to the selected Practitioner.
- Shohoz will ensure Users are provided with appointment confirmation on the Health section of the Shohoz superapp and or website after successful payment through the payment gateway in the Shohoz app/website. However, Shohoz has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.
Without prejudice to the generality of the above, Shohoz is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Shohoz will not be liable for:
- User interactions and associated issues User has with the Practitioner;
- The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
- any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
- inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
- any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
- cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged
Cancellation and Refund Policy
There will be instances where in either the patient or the Doctor cancels the pre-scheduled appointment.
For The Practitioner:
- In the event that, the Practitioner with whom User has booked a paid appointment via the App/Website, has not been able to meet the User, the practitioner is required to inform Shohoz Health services pressing the “cancel appointment button” under the specific appointment in the shohoz app/website.
- If the practitioner confirms cancellation of the appointment 3 hours prior to the scheduled appointment time then no cancellation fee will be applicable.
- If the practitioner confirms cancellation of the appointment in less than 3 hours prior to the scheduled appointment time then Shohoz will have the right to claim/charge 10% of his/her agreed commission amount as cancelation fees.
For the user:
- In the event that the user who has booked an appointment with a practitioner via Shohoz Health app/webite needs to cancel the appointment then he/she may do so by “cancel appointment button” under the specific appointment in the shohoz app/website.
- If the user calls and confirms cancellation of the appointment 3 hours prior to the scheduled appointment time then no cancellation fee will be applicable.
- If the user calls and confirms cancellation of the appointment in less than 3 hours prior to the scheduled appointment time then Shohoz will have the right to claim/charge 15% of of the consultation fees as cancelation charges.
- The refund for the cancelled appointment will be as per the existing refund policy of Shohoz.
Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact starting time of the scheduled appointment time slot but did manage to provide the consultation to the user within 2 hours of the scheduled appointment time ; irrespective of the fact whether the User was required to wait for the duration within the aforementioned 2 hours of scheduled appointment time slot for the consultation, or chose to not obtain the medical services from the Practitioner because of the delay.
Users will not be entitled for any refund in case the user is more than 10 mins late for the scheduled appointment and the practitioner thereby choses to engage in other consultation.
Shohoz reserves the right to suspend or terminate a User’s access to the Shohoz App/ Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
- Such User breaches any terms and conditions of the Agreement;
- A third-party reports violation of any of its right as a result of your use of the Services;
- Shohoz is unable to verify or authenticate any information provide to Shohoz by a User;
- Shohoz has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
- Shohoz believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Shohoz or are contrary to the interests of the Health service provided by Shohoz.
- Usage of rude, indecent, abusive or improper or profane language, threatening, harassing, bullying, derogatory, discriminatory, defamatory, fraudulent comments, hate speech or remarks or messages communicated over the service via Shohoz app/website to intimidate other users or any behavior which may potentially damage the name or reputation of Shohoz shall result in suspension of your account;
- You shall refrain from taking any action which is intended to, could potentially or would reasonably be expected to harm Shohoz’s reputation or lead to unwanted or unfavorable publicity of the Company.
- Any attempts to publish or send malicious content with the intent to compromise other user’s account or computer environment is strictly prohibited and may result in the suspension of your account.
- Publishing or posting other people's private and confidential information or engaging in such activities may result in the suspension of your account.
TRANSFER OF INFORMATION
You consent to the sharing or transfer of any information provided by you on the Shohoz app and or website to any entities or related companies or subsidiaries of Shohoz in accordance with applicable laws of Bangladesh.
Shohoz encourages amicable settlement of any conflict/s that might arise among you, the Health service of Shohoz or any other user including the Registered Practitioner shall be resolved with the assistance or involvement of the Shohoz. For addressing any grievances, or any other issues and or transaction disputes, you are encouraged to report the same to Customer Support here email@example.com within 15 days of the occurrence of the incident. Upon failure to settle a dispute amicably within 15 days after reporting, such dispute shall be referred to arbitration in accordance with the provisions of the Arbitration Act 2001 of Bangladesh.
The Users and the Practitioners shall at all times indemnify and hold Shohoz, its affiliates, its directors, employees, agents and representatives ("Indemnitee") harmless from and against any claims, losses, expenses, costs, third party claims, damages, liabilities suffered by Indemnitee arising from, in connection with-
- any act, omission, fault or negligence of the users or practitioners (active or passive) or of anyone acting on their behalf; breach of any representation, warranty, obligation or covenant under the Terms and Conditions by the users or the practitioners.
- Violation of any Applicable Law of the users or the practitioners acting under its direction or control or on its behalf.
GOVERNING LAW AND JURISDICTION.
This T&C shall be governed by and construed in accordance with the laws of Bangladesh. The courts of Bangladesh shall have exclusive jurisdiction in relation to all disputes or matters arising hereunder, and the parties irrevocably submit themselves to the exclusive jurisdiction of the courts in Bangladesh, for the resolution of any disputes arising under or in connection with this Agreement.