Terms of Use for Doctors 2018-05-14T13:09:12+00:00

Terms of Use for Doctors

Welcome to nULTA (the “App”). The content of the App is the property of nULTA (“nULTA”, “NULTA”, the “Company”, “we” or “us”). nULTA, amongst other services, facilitates in connecting doctors with people who want to chat to doctors (“Service”) and this Service is provided only in good faith. The Services of nULTA are essentially provided to bridge the information gap between people and doctors. By signing up you become a “nULTA Doctor” or “Doctor on nULTA”.

We request you to carefully go through these terms of use (“Terms of Use for Doctors”) before you decide to avail the Services of NULTA. By registering with the Company to avail our Services, you irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. Accessing the App through any medium, including but not limited to accessing the App through mobile phones, smart phones and tablets, are also subjected to these Terms of Use. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you. By using this App, you signify your agreement to these Terms of Use as well as the privacy policy: nulta.net/privacy (which is hereby incorporated by reference herein).

We reserve the right to modify or terminate any portion of the App or the Services offered by the Company for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms of Use periodically.

The App should not be used in cases of medical emergencies and NULTA does not, and should not be considered in any form to be a substitute for a user visiting a doctor or a hospital.

  1. Registration

If you wish to use nULTA to chat to users using the App and you will need to register and become a registered doctor (“nULTA Doctor”) prior to the completion of any transaction on the App. To register on the App, a doctor may have to provide information such as his/her medical registration number, name, phone number, email address and create a username and password.

Registration is only a one time process and if the nULTA Doctor has been previously registered, s/he shall login / sign into his / her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the App and make sure that others do not have access to it. Only you are allowed to use this account and you cannot ask assistants or nurses to chat on your behalf. It is your responsibility to keep your account information current.

As a NULTA Doctor, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your Public Profile. You consent to nULTA’s use on or in connection with the Apps of your name, likeness, photograph, biographical information and other personal information provided by you to nULTA or publicly available about you.

When sign up for and chat to users using nULTA, you agree to abide by all of the terms of the applications you submit to, and the contractual agreements you enter into with, nULTA.

NULTA Doctors: Fully qualified Doctors in Good Standing

Licensed doctors may apply to be and participate as NULTA Doctors on nULTA. Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way.

  1. Payments:

You will receive compensation for paid chats. You will not be paid for any chats that are marked “Not Paid”. You will not be paid if a chat is not started. A chat is started if you reply twice to a patient. If you reply only once the chat timer and payment is not triggered. Payments will be at the end of each month. If in any month your payments are less than Rs 1,000 then you will be paid the next month when payments owed to you are over Rs1,000. Medical Experts: Conflicts Disclosure Policy

  1. By using nULTA you agree to abide by these guidelines and terms.
  2. You have no obligation to answer any chat request
  3. Responses should always be appropriate. Brief, casual, and friendly responses are the most useful. Help nULTA remain a trusted resource, by avoiding potentially offensive content whenever possible.
  4. You are allowed to share links to external websites that are both appropriate and related to your responses, but chats on nULTA should not be used for primarily promotional purposes and should aim at resolving the requested query.
  5. Interaction on the App

You understand and agree that any interactions and associated issues with the users of the App including but not limited to the medical outcomes and service issues, is strictly between you and the user. You shall not hold nULTA responsible for any such interactions and associated issues. nULTA is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the person you chat with. nULTA only provides the platform for nULTA doctors to chat to users. If you decide to chat with a person to provide medical services or advice, you do so at your own risk. nULTA shall not be responsible for any breach of service or service deficiency provided by you.

  1. Third Party Service Providers and Referrals: 
    You understand that you may use the app to recommend or refer a patient to Third Party Service These are further doctors, specialists and providers of other medical services. For example a nULTA Doctor may ask a User to get an X-Ray. Please note that in the event you choose to offer any such third party services, you will be absolutely and solely responsible for your interactions with such Third Party Service Providers. nULTA shall not be held responsible for any lapses, shortcomings or deficiency of services by such Third Party Service Providers. nULTA hereby does not endorse the services of any Third Party Service Providers that are made available on the App. nULTA will not interact with Third Party Service Providers nor earn any commission or try to earn any commission from them. Interactions and relationships with Third Party Service Providers are entirely between you and the Third Party Service Providers.
  2. Information entered on the App: 
    You understand that Users may have the option of uploading health / medical information on the App in order to enable you to see their previous medical history. And you understand that all information uploaded together with summaries of past chats will be stored by the App and made available to nULTA doctors. Further you understand that the summary that you write after each chat will be stored in the patient’s medical history and shared with you and future doctors that the User chats. While nULTA takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you read on the App is at your own risk and may not be correct. By writing your summary of the chats, you hereby give your consent to nULTA to store such health / medical information on nULTA’s servers. nULTA will retain such medical / health information you upload on the App for as long as it is needed to fulfill the service you seek to avail on the App.
  3. Patient List uploaded by nULTA Doctor on the App: 
    You understand that you may upload your patients names and phone numbers on the app. This allows the patient to chat to you. These details will be stored securely on the cloud so that there are safe. But nULTA cannot guarantee that the patient details will always be safe and secure. You will be able to see each patients phone numbers and telephone or send them an sms at any time. There will be no charge to you for nULTA storing these patient names and details. You will also in the future be able to send marketing messages to all your patients. nULTA may charge for these messages. If you delete your account, nULTA will delete your patient list and no longer store these numbers for you.
  4. Ratings of nULTA doctors: 
    After each consult you understand that users may choose to rate you. You also understand that if you chat to a user who is not your “My Patients” list, then other doctors chosen by nULTA will be able to rate you. These doctors chosen by nULTA will be able to view the entire chat between you and the user but will not be shown the name of the doctor (your name) or the name of the user. The chats will be rated anonymously. The chosen doctors will rate the chat on the quality of the conversation. You hereby give your consent to nULTA to show your chats to doctors selected by nULTA so that they can rate the chat. You understand that these ratings will be shared to users of the app and to other doctors of the app. You understand and consent to these ratings also being shared publicly, especially with the press. nULTA will publish lists of top rated doctors by speciality and by city so that users can learn which are the highest rated doctors. Further you understand that nULTA may choose at its own discretion to also allow anonymous ratings of chats between you and users on the “My Patients” list. You commit to hold nULTA harmless regardless of the impact of these ratings. nULTA is not responsible for increase in patients you receive due to these ratings nor is it responsible for loss of patients or any other loss due to these ratings.You understand that although every effort is made to ensure high quality ratings, nULTA is not responsible for any errors or omissions in the ratings or the effect of such errors.
  5. Sharing of Information on the App: 
    While nULTA takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the App is at your own risk. In the event you do not trust nULTA with such information, please do not share such information on the App.

While nULTA endeavors to protect any information uploaded or shared by you on the App, you understand that nULTA shall not be held liable or responsible for the loss or damage to such information on the App. It is your responsibility to ensure that you have all your information, medical or otherwise, including your patient list and phone numbers stored on your hard drive or other storage system.

  1. SMS Messages or Chat Received From the App: 
    You understand that once you register as a nULTA User on the App, you will receive SMS or, Chat messages and push notifications from nULTA on your registered mobile number/phone. These messages could relate to your registration, transactions that you carry out through the App and promotions that are undertaken by nULTA. Please note that nULTA will send these messages only to the registered mobile number or such phone as you login to nULTA app with your registered mobile phone number. Please note that while nULTA endeavors to provide these notifications and messages to you promptly, nULTA does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or messages to you. It is your responsibility to ensure that you check the App and answer any questions that you want to answer.
  2. Clinical Support Information 

We may provide information to assist you in clinical decision-making. This may include information and reminders concerning drug interactions, allergies, dosages, as well as general health-care related information and resources. We may also provide forums for our doctors to exchange information. The information and materials available through the App are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. Information that may be placed on the App by third parties are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our App. You assume full risk and responsibility for the use of information you obtain from or through this app, and you agree that nULTA is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on the App relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the Services, and to make an independent determination of their suitability for your use.

  1. No Doctor – Patient Relationship

Please note that the app provides text, data, graphics, images, information, suggestions, guidance, and other material including information provided in direct response to user questions or chats (collectively, “Information”). The provision of such Information does not create a licensed doctor/patient relationship between nULTA and you. The provision of such Information does not does not create a licensed doctor/patient relationship between you and the user. The chat communication does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist users with locating appropriate medical care.

We make no guarantees, representations or warranties, whether expressed or implied, with respect to the App. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

  1. No Medical Advice Provided 

Please note that we do not recommend or endorse any doctors, dentists, health care providers, procedures, opinions, or other Information that may appear on the App. If you rely on any of the Information provided by the Site, you do so solely at your own risk. The Information that you obtain or receive from nULTA, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the App is for informational and scheduling purposes only. All medically related information comes from independent health care professionals who use the App and to whom certain specific terms and conditions apply. These terms and conditions can be accessed at www.nulta.net/doctors/terms

The Information provided on the App and in any other communications from or provided through nULTA is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Please inform user not to disregard, avoid or delay obtaining medical advice from a qualified health care professional because of advice that you may have given them through the App. Your use of Information provided on the App is solely at your own risk. Nothing stated or posted on the App or available through is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

  1. Termination

The Company reserves the right, in the event you breach these Terms of Use stipulated herein, to suspend and / or terminate your access to the App with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your access to the App. Upon suspension or termination, your right to procure the Services on the App shall immediately cease and the Company reserves the right to remove or delete your information that is available with the Company, including but not limited to login and account information.

  1. Limitation of Liability
    1. You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you to a user you are communicating with or to any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
      1. the use or the inability to use the App and / or Services; or
  1. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the App and / or Services; or
  1. unauthorized access to or alteration of your transmissions or data; or
  1. any other matter relating to the App and / or services.
  1. To the fullest extent permitted by law, in no event will the Company or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Company has been warned of the possibility of such damages. Notwithstanding anything to the contrary in these Terms of Use, the Company’s liability under these Terms of Use shall in no event exceed the Service fee amounts collected from you by nULTA, but excluding any amounts collected by it for and on behalf of the doctor or health care professional as a collection agent, for the provision of any clinical service by such professional.
  2. By Using This App You Represent And Warrant That:
    1. You are 18 years of age or older and that your use of the App shall not violate any applicable law or regulation;
  1. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information;
  2. You will not: use the App and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion.
  3. Deleted
  4. Your personal and non-commercial use of this App shall be subjected to the following restrictions:
  1. you may not modify any content of the App;
  2. you may not decompile, reverse engineer, or disassemble the content, or
  3. you may not remove any copyright, trademark registration, or other proprietary notices from the App. You further agree not to access or use this App in any manner that may be harmful to the operation of this App or its content.
  1. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the App and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the App and / or the Services.
  1. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”,”flooding”,”trolling”,”phishing” and “griefing” as those terms are commonly understood and used on the Internet.
  1. You will not delete or modify any content of the App and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
  1. The Company cannot and will not assure you that other nULTA Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  1. All information, content and material contained in the App and / or Services are the Company’s intellectual property. All trademarks, services marks, trade names, and trade dress are proprietary to the Company. No information, content or material from the App and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the Company’s express written permission.
  1. You acknowledge that when you access a link that leaves the App, the site you will enter into is not controlled by the Company and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that the Company is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the App, although the Company is under no obligation to do so.
  1. You expressly understand and agree that:
    1. The information, content and materials on this App and / or Services are provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
  1. The Company does not warrant that the functions contained in content, information and materials on the App and / or Services, including, without limitation any third party sites or services linked to the App and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information and materials available are free of viruses or other harmful components.
  1. Any material downloaded or otherwise obtained through the App and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
  1. You hereby indemnify, defend, and hold the Company, the Company’s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the App.
  2. Applicable Law 

The interpretation of this Agreement and the resolution of any disputes arising under these Terms of Use shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at Mumbai, India.

  1. Arbitration
    1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the App or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Mumbai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
    2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11(a).
  2. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  1. Notices

All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

If to nULTA

info@nulta.net
If to you:
at the phone number provided by you to us when you registered as a nULTA User.

  1. Waiver

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach

  1. Complete Understanding

These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

  1. Advice of Counsel 

Each Party acknowledges: (a) having fully read these Terms of Use in its entirety; (b) having had full opportunity to study and review these Terms of Use; (c) having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of these Terms of Use; (d) having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under these Terms of Use; and (e) having had access to all such information as has been requested.

You have read these Terms of Use and agree to all of the provisions contained above.