Jio Health, through Jio Health Platform as defined below, provides a marketplace where you as a healthcare provider to provide health care services, including but not limited to, diagnosis, prescription, consultation, telemedicine (collectively as “Healthcare Services”), can be matched with patients in need of your services (“Patient”). You desire to enter into this Agreement for the purpose of accessing and using Jio Health Platform. You acknowledge and agree that Jio Health is a IT technology service providers that not provide healthcare service.
In order to use Jio Health Platform, you must agree to these Terms (“Terms”) that are set forth below. These Terms provided by Rai and Rohl Technologies, Inc. govern and apply to your access and use of www.jiohealth.com and Jio Health’s services available via Jio Health’s site and Jio Health’s mobile applications (collectively, the “Jio Health Platform” or “Platform”). By accessing or using our Platform, you agree to be bound by all of the Terms as described herein. If you do not agree to all of the Terms, do not use our Platform. Use of the Platform constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by Jio Health. The most recent version of this Agreement shall always be available on the Internet at www.jiohealth.com/terms-conditions.html. Jio Health reserves the right to change or modify this Agreement or any other Jio Health policies related to use of the Platform at any time, and at its sole discretion, by posting revisions on the Internet at www.jiohealth.com. Continued use of the Platform following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Jio Health Platform provides a marketplace where you as a healthcare provider to provide health care services, including but not limited to, diagnosis, prescription, consultation, telemedicine (collectively as “Healthcare Services”), can be matched with patients in need of your services (“Patient”). In addition, the Platform also served as a tool to assist you in organizing, understanding and managing healthcare-related information.
IMPORTANT: JIO HEALTH IS NOT A RECIPIENT OF YOUR HEALTHCARE SERVICES, AND HAS NO AFFILIATION WITH ANY OF THE PATIENTS, AND AS SUCH, THE PLATFORM IS NOT INTENDED TO (AND DOES NOT) CREATE ANY DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND JIO HEALTH. IT IS UP TO YOU TO DECIDE WHETHER OR NOT TO OFFER HEALTHCARE SERVICE TO PATIENTS CONTACTED THROUGH THE JIO HEALTH PLATFORM, AND UP TO THE PATIENTS TO DECIDE WHETHER OR NOT TO ACCEPT HEALTHCARE SERVICES FROM YOU. ANY DECISION BY YOU TO OFFER HEALTHCARE SERVICES IS A DECISION MADE IN YOUR SOLE DISCRETION. EACH HEALTHCARE SERVICE PROVIDED BY YOU TO THE PATIENT CONSTITUTES A SEPARATE AGREEMENT BETWEEN YOU AND THE PATIENT.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE PLATFORM WE RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS.
USE OF THE PLATFORM
Jio Health allows you to access and use the Platform through our mobile and web-based applications and our site (each an “App”). Via the Platform, we offer, among other things, matching services between you and patients who are in need of your Healthcare Services.
You must be at least 18 years of age in order to use the Platform.
CREATING A JIO HEALTH ACCOUNT
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You warrant that all of the personal information you provide to us (e.g., through the registration or account creating process of the App) is true, and that you will not create any account for anyone other than yourself without such other person’s permission.
You can create an account under one of the following capacities by declaring as such during the account registration process: (1) a physician, (2) a nurse, (3) a hospital .
If you register an account as a physician, you warrant and represent that:
- You have a business registration certificate under applicable law for medical examination and treatment establishments.
- You must have medical practice certificates in compliance with the applicable law.
If you register an account as a nurse, you warrant and represent
- You have a business registration certificate under applicable law for your activities.
- You have nurse practice certificates in compliance with the applicable law.
If you register an account as a hospital, you warrant and represent that:
- You have a business registration certificate or investment license under applicable law for medical examination and treatment establishments.
- You possess an operation license granted by competent governmental authority.
- Your doctors, nurses who are permitted to access and use the Jio Health Platform must have medical practice certificates in compliance with the applicable law.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, violates our Terms, or if you have created more than one Account.
You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for activities that occur under your Account.
As a Healthcare Provider, you will receive applicable Healthcare Service Fees (net of Jio Health’s Administrative Fee, as discussed below). Jio Health will process all payments due to you through its third party payments processor on a weekly basis. When elected by you, Jio Health will deposit the Healthcare Service Fees into your Payout Account that you set up during the registration process. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. Jio Health reserves the right to withhold all or a portion of Healthcare Service Fees if it believes that you have attempted to defraud or abuse Jio Health or Jio Health’s payment systems.
In exchange for permitting you to offer your Healthcare Services through the Jio Health Platform and marketplace as a Healthcare Provider, you agree to pay Jio Health (and permit Jio Health to retain) a fee based on each transaction in which you provide Healthcare Services (the “Administrative Fee”). The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule.
REFUNDS AND PAYMENT DISPUTES
A Patient has a right to file a dispute (“Payment Dispute”) within 180 days from the date that the Healthcare Services performed by you is completed. You authorizes Jio Health to mediate any Payment Dispute you have with a Patient.
License and License Restrictions
As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile or computing device, and to access the Platform, solely for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App; (iv) make the functionality of the App or the Platform under your Account available to multiple users through any means; or (v) use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any application distribution platform (e.g., the Apple® App StoreSM or Google Play®) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These terms are concluded between you and Jio Health, and not with the App Provider, and Jio Health (not the App Provider) is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event that the App fails to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price of the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Jio Health.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Jio Health will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider and its subsidiaries are third party beneficiaries of these Terms as related to your license of the App, and upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third party terms of service when using the App.
You acknowledge that no title to the patents, copyright, or trademark in or related to the Platform (collectively referred to as “Jio Health’s Intellectual Property”) is transferred to you. You further acknowledge that title and full ownership rights to the Platform will remain the exclusive property of Jio Health and/or its suppliers, and you will not acquire any rights to the Platform, except as expressly set forth above. All title and Jio Health’s Intellectual Property in and to the Platform (including but not limited to any logos, names, images, photographs, animations, video, audio, music, text and “applets,” incorporated into the Platform), the accompanying printed materials, and any copies of the App, are owned by Jio Health or itsthird party providers, except that a parent or a legal guardian of a child under legal age can create an account on behalf of the child.
The App and the Platform is protected by copyright laws, international copyright treaties, other intellectual property laws and treaties.
Changes and Advertising
Our Platform may change from time to time and/or we may stop (permanently or temporarily) providing the Platform (or features within the Platform), possibly without prior notice to you. Our Platform may include advertisements, which may be targeted to the content or information on the Platform, queries made through the Platform, or from other information. The types and extent of advertising on the Platform are also subject to change over time. In consideration for providing you the Platform, you agree that we and our third party providers and partners may place advertising on our Platform or in connection with the display of content or information on our Platform, and that we may receive remuneration for placing such advertising.
Our Platform allows you and other users to post, link, store, share, and otherwise make available certain information, images, videos, text, and/or other content (“Content”). You are responsible for the Content that you post to the Platform, including its legality, reliability, and appropriateness. By posting Content to the Platform, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, sell, and distribute such Content on and through the Platform. You agree that this license includes the right for us to make your Content available to other users of the Platform, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post, or display on or through the Platform and you are responsible for protecting those rights.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Platform and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Platform.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our Platform and third parties when posting Content and using the Platform. When submitting Content to or otherwise using the Platform, you agree not to:
- submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- impersonate another person or represent yourself as affiliated with us, our staff, or other industry professionals; or
- harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Platform or to review or edit any Content, but we have the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Platform.
We also reserve the right to suspend or terminate your Account and your use of the Platform at any time in case of violation by you of these Terms or if Jio Health discontinues providing the Platform for any reason.
Via the Platform, we may provide you with access to third-party content, such as information regarding interactions with Medications and Supplements, news articles, and other content. JIO HEALTH HEREBY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY SUCH THIRD PARTY-CONTENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY-CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. YOUR PERSONAL HEALTHCARE-RELATED SITUATION IS PERSONAL TO YOU, AND THE THIRD-PARTY CONTENT MAY NOT BE APPROPRIATE OR RELEVANT FOR YOUR PERSONAL SITUATION. AS STATED ABOVE, THE PLATFORM IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE, AND BEFORE MAKING ANY DECISIONS THAT MAY AFFECT YOUR HEALTH, YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL.
You authorize any use or disclosure of protected health information that is not for treatment, payment or health care operations. This authorization is for use and disclosure of protected health information by Jio Health or by a third party. A non-limiting list of such examples include disclosures to a life insurer for coverage purposes, disclosures to an employer of the results of a pre-employment physical or lab test, or disclosures to a pharmaceutical firm for their own marketing purposes. At the time of your request for us to disclose such protected health information to a third party, we will provide you with specific information regarding the health information to be disclosed or used, the person(s) disclosing and receiving the information, expiration, right to revoke in writing, and other data.
Our Platform may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Platform: (i) attempt to access or search the Platform or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Platform, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information available through the Platform, such as other users’ names, real names, or email addresses to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Platform for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You and Jio Health are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
You agree to defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, and shareholders harmless from and against any claims, actions, suits, losses, costs, damages, liabilities, and expenses (including attorneys’ fees) in relation to, arising from, your use of the Platform, the use of the Platform by any person using your Account, or your performance of healthcare services arising out of the Platform, including but not limited to:
- any allegation of malpractice arising out of services you performed for patients that are connected to you from the Platform;
- any violation of applicable law or regulation, or the rights of any third party; or
- any allegation that any materials that you submit to the Platform infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property of any third party.
In the event that you have a dispute with a Patient or another Healthcare Provider, you agree to release Jio Health (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes or to your use of the Jio Health Platform. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
LINKS TO THIRD PARTY SITES
The Platform may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Our App and Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title, and interest in and to the App and the Platform, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Platform, including in any Content. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the App or the Platform (“Feedback”) will be the sole and exclusive property of Jio Health and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback.
This Agreement is effective until terminated by you or Jio Health. If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Platform. You may cancel your use of the App and/or Platform by contacting us. Your rights under this Agreement will terminate automatically without notice from Jio Health if you fail to comply with any term(s) of this license. Upon termination of the Agreement, you shall cease all use of the Platform, and destroy all downloaded copies, full or partial, of the Platform.
You understand and agree that the App and the Platform are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Platform will meet your requirements or be available on an uninterrupted, secure, and error-free basis.
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR USE OF THE APP AND PLATFORM, IF YOU HAVE MADE ANY PAYMENTS TO JIO HEALTH OR $50, IF YOU HAVE NOT MADE ANY PAYMENTS TO JIO HEALTH, AS APPLICABLE. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Healthcare services as required by applicable law; and (b) provide Company with all relevant tax information
Notwithstanding anything to the contrary in this Agreement, Jio Health may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of Healthcare Services and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements in the Terms directly to the applicable governmental tax authorities on your behalf or otherwise.
DISPUTE RESOLUTION - PLACE OF JURISDICTION
Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to this Agreement, including those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Los Angeles, California, USA. The language of the arbitration shall be English.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have between us regarding the Platform. If we make any material changes to these Terms, we will notify you of such changes by posting them on the Jio Health Platform or by sending you an email or other notification or message (including push notifications and in-app news notices) and we will indicate when such changes will become effective. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised Terms.
This agreement is made in both English and Vietnamese, the English version shall prevail in any conflict or dispute.
By clicking “I accept” you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with Jio Health