Terms and Conditions

(Hereinafter referred to as the “Agreement”)

Square Health Limited (“SQH”) is the author and publisher of the internet resource at www.jotno.net, doctor.jotno.net and dr.jotno.net and the mobile applications ‘JOTNO Patient’ and ‘JOTNO Expert – For Doctors’ (together and individually, “JOTNO”). SQH owns and operates the services provided through JOTNO.

The Agreement applies to you whether you are –

  • A medical practitioner or health care provider (whether an individual professional or an organization) or other similar institution/organization/person wishing to be listed, or already listed, on JOTNO, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)” or “User”); or
  • A patient, his/her representatives or affiliates, searching for Practitioners through the platform (“End-User” or “User”); or
  • Otherwise a user of the JOTNO (“User”).

Now therefore, this Agreement defines the terms and conditions under which the User are allowed to use JOTNO and describes the manner in which SQH shall treat User account and the parties agree as follows:

1. DEFINITION

As used in this Agreement, the following terms shall, unless the context requires otherwise, have the following meanings:

  1. “Agreement” means this agreement including all its amendments, side letters, revisions, modifications, alterations, annexures, schedules, notices/notifications issued/introduced by SQH from time to time.
  2. “Personal Information” means name, age, gender, address, contact number etc. of the patient or the End User.
  3. “Sensitive Personal Data” means and include the health information or medical diagnostic information related to the patient or the End User.
  4. “Refunds policy” shall mean and include the policy available at SQH.
  5. “Privacy Policy” shall mean and include the policy available at SQH.
  6. “Content” shall mean and include the contents of JOTNO, information, text, graphics, images, logos, buttons, icons, software code, design, and the collection, arrangement and assembly of content on JOTNO.
  7. “Records” shall mean and include the records associated with original content comprising text, audio, video, images, data or any combination of the same.

2. SERVICES

This Agreement applies to those services made available by SQH on JOTNO, which are offered to the Users, including the following:

  1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors of JOTNO;
  2. For other Users: Facility to.
  3. create and maintain ‘Accounts’ and/or ‘Profiles’,
    1. search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by SQH, and
    2. to make appointments with the Practitioners.
    3. to avail insurance, health screening packages, home diagnostic tests, medicine delivery, if applicable.

3. COVENANT BY THE USER

  1. The Services may change from time to time, at the sole discretion of SQH, and the Agreement will apply to the visit of the User and use of the JOTNO to avail the Service.
  2. By downloading or accessing the JOTNO to use the Services, the User irrevocably and expressly accept all the terms and conditions stipulated in this Agreement and agree to abide by them. By availing the Service, the User signify his/her acceptance of the terms and conditions of this Agreement.
  3. SQH reserve the right to modify any terms and conditions of the Agreement for any reason and at any time, and such modifications shall be updated in JOTNO to the User. The User should read the Agreement at regular intervals. The User should follow and be bound by the Agreement so modified.

4. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The End Users expressly understand, acknowledge and agree to the following set forth herein below:

  1. The End User may be at the age of any years old. For avoidance of doubt, the End User must register in JOTNO to use the Services or visit any of the JOTNO sites.
  2. SQH may collect Personal Information, Sensitive Personal Data and anonymous data of the End User from JOTNO. The collected information will be used for improving the quality of services or to build new services or may be shared with third party/institution for lawful business purpose.
  3. JOTNO allows SQH to have access to registered End User’s Personal Information and Sensitive Personal Data for communication purpose so as to provide a better way of booking appointments, provide other services and for obtaining feedback in relation to the Practitioners and their practice.
  4. The Privacy Policy sets out, inter-alia:
    1. The purpose, means and modes of usage of such information;
    2. How and to whom SQH will disclose such information; and
    3. Other information mandated by the Agreement.
  5. The End User is expected to read and understand the Privacy Policy, so as to
    ensure that he or she or the person has the knowledge of, inter-alia:
    1. the fact that certain information is being collected and stored;
    2. the purpose for which the information is being collected;
    3. the intended recipients of the information;
    4. the nature of collection and retention of the information; and
    5. the various rights available to such Users in respect of such information.
  6. SQH shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the End User to SQH or to any other third party acting on behalf of SQH.
  7. The End User is responsible for maintaining the confidentiality of the End User’s account access information and password. The End User shall be responsible for all usage of the User’s account and password. The End User shall immediately notify SQH of any actual or suspected unauthorized use of the End User’s account or password.
  8. If the End User provides any information that is not true, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SQH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SQH has the right to discontinue the Services to the End User at its sole discretion.
  9. SQH may use such information collected from the End Users from time to time for the purposes of debugging, improving and developing customer support related issues.
  10. Against every Practitioner listed in JOTNO, the End User may see a ‘show number’ option. When the End User choose this option, the End User choose to call the number through a telephony service provided by SQH, and the records of such calls are recorded and stored in SQH’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to the End User by SQH should be used only for appointment and booking purposes, and not for consultation on health-related issues. SQH accepts no liability if the call facility is not used in accordance with the foregoing.
  11. The End User can use JOTNO by logging in from their account and uploading content to JOTNO’s servers. Content uploaded via JOTNO feed does not constitute medical advice and may not be construed as such by any person.
  12. The End User acknowledges that no content uploaded by them would constitute infringement of the intellectual property rights of any other person. SQH reserves the right to remove any content which it may determine at its own discretion as violating the intellectual property rights of any other person. The End User agrees to indemnify SQH against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on JOTNO. The User may not use the images in JOTNO for any purpose other than those directly related to the creation and uploading of content to JOTNO.
  13. The End user hereby assigns to SQH, in perpetuity and worldwide, all intellectual property rights in any content created by the End User and uploaded by the End User via JOTNO.
  14. The End User agrees not to upload content which is defamatory, obscene or objectionable in nature and SQH reserves the right to remove any content which it may determine at its own discretion to violate these Terms and Conditions or any law or statute in force at the time.
  15. All comments created and uploaded by the End User on JOTNO will be the sole intellectual property of SQH. The End User agrees not to post any comments on JOTNO that violate the intellectual property of any other person. SQH reserves the right to remove any comment and/or content which it may determine at its own discretion as violating the intellectual property rights of any other person.
  16. It is the responsibility of the End User to keep his/her correct mobile number and email ID updated in the Records. The Health Records and any other communications will be sent to the contact details provided by the End User.
  17. In the event the End Users intend to consult the specific Practitioner of choice, the same is facilitated through search options as made available on JOTNO. In cases where End Users cannot choose a Practitioner (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Practitioner.
  18. In case any prescription is being provided to the End User by the Practitioner, the same is being provided basis of online consultation, however it may vary when examined in person, hence in no event shall the prescription provided by the Practitioners be relied as a final and conclusive solution.
  19. During the consultation and thereafter, the Practitioner may upload the prescription/health records of the End User on the account of the End User for access of the End User.
  20. If Practitioner responds to the End User’s query, the system could trigger communications to the End User, in the form of notification/text/email/others. The End User further understands that SQH may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to End User’s mobile number which is provided by Practitioner, based on the Practitioner’s settings. However and notwithstanding anything to the contrary in this Agreement, SQH does not take responsibility for timeliness of such communications.
  21. Any conversations that the End Users have had with the Practitioner will be retained in JOTNO database as per the applicable laws and subject to confidentiality and terms & conditions of this Agreement.
  22. If the End User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of JOTNO platform, the End User shall do so at their own risk. SQH shall not be responsible for any breach of service or service deficiency by the Practitioner.
  23. If the End User decides to use the payment gateway to make payments online, it is solely at the End User’s discretion. It is to be noted that SQH may not store any payment information and therefore will not be responsible in any manner whatsoever for any fraudulent/criminal activities involving any payment made by the End User.
  24. The End User understands and acknowledges that JOTNO is merely an online platform bridging the gap between a patient seeking to obtain medical advice and a medical practitioner and any advice rendered by a medical practitioner is the responsibility of such practitioner and SQH is not/cannot be held liable in any manner whatsoever for any loss or damage or detriment suffered by the End User upon obtaining the advice of the Practitioner.

5. TERMS FOR THE PRACTITIONERS

  1. The Practitioner shall be a registered medical practitioner with the concerned regulatory authority of Bangladesh and shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation being rendered.
  2. The Practitioner has the discretion to cancel any consultation at any point in time in cases where the Practitioner considers that it is beyond his/her expertise or his/her capacity to treat the End User. In such cases, it may trigger a refund to the End User and the End User has the option of choosing other appropriate Practitioner(s). However, it is strongly recommended that the Practitioner advise the End User and explain appropriately the next steps and available best options.
  3. The Practitioner understands and agrees that, SQH shall at its sole discretion, at any time be entitled to show other Practitioners available for consultation.
  4. The Practitioner should show same level of professionalism while face-to-face or online consultation. On the other hand patient should also show same level of sincerity as face to face consultation
  5. The Practitioner acknowledges that should SQH find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the local/regulatory authorities then SQH shall be entitled to remove, block profile in JOTNO and/or cancel the consultation with such Practitioner or seek such other legal action as may be required.
  6. The payment gateway option is being provided to the End Users to make payment easier. In case wrong bank/mobile financial services account details are provided by the Practitioner, SQH will not be responsible for loss of money, if any.
  7. It is further understood by the Practitioner that the information that is disclosed by the End User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to the End User and Practitioner privilege.
  8. The Practitioner understands that the certain features (such as follow-up feature) shall be available only if the same has been enabled by the Practitioner and that the maximum number of messages that Practitioner can send and the number of days for which follow-up will be active for.
  9. The Practitioner understands that when the End User books a time-slot with the Practitioner for consultation, the Practitioner will try to comply with the time slot to the best of his/her availability. In case of delay, the Practitioner must notify the End User to their best possible ability.
  10. The Practitioner understands that SQH makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold SQH liable, if for any reason the communication is not delivered to the End User(s), or are delivered late or not accessed, despite the efforts undertaken by SQH.
  11. It shall be the responsibility of the Practitioner to ensure that the information provided to the End User is accurate and not incomplete and understand that SQH shall not be liable for any errors in the information included in any communication between the Practitioner and the End User.
  12. The Practitioner hereby represent and warrant that he/she will use the Services in accordance with applicable law. Any contravention of applicable law as a result of the use of these Services are his/her sole responsibility, and SQH accepts no liability for the same.
  13. The Practitioner shall promptly reply to the End User after receiving the End User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, SQH shall have the right to replace such Practitioners for the purpose of consultation to the End User or remove such Practitioners from the platform/JOTNO application/site.
  14. The Practitioner understands and acknowledges that SQH may collect any information from the Website and use the same for any lawful purpose. Further to this may share with third party any statistical data/reports received from the platform based on the information.
  15. The Practitioner understands and acknowledges that JOTNO is merely an online platform bridging the gap between a individual seeking to obtain medical advice and a medical practitioner and any advice rendered by a medical practitioner is the responsibility of such practitioner and SQH is not/cannot be held liable in any manner whatsoever for any loss or damage or detriment suffered by the End User upon obtaining the advice of the Practitioner.

6. RELEVANCE ALGORITHM

SQH’s relevance algorithm for the Practitioners is a system that lists the Practitioners, their profile and information regarding their Practice on its platform. These listings of Practitioners do not represent any fixed objective ranking or endorsement by SQH. SQH shall not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners shall be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. SQH in no event shall be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on JOTNO.

7. WARRANTIES

  1. SQH collects, directly or indirectly, and displays on the platform, relevant information regarding the profile and practice of the Practitioners listed on the platform, such as their specialization, qualification, fees, location, visiting hours, and similar details. SQH takes reasonable efforts to ensure that such information is updated at frequent intervals. Although SQH screens and vets 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.
  2. The Services provided by SQH or any of its licensors 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). SQH does not provide or make any representation, warranty or guarantee, express or implied about the JOTNO or the Services. SQH does not guarantee the accuracy or completeness of any content or information provided by the Users on the Website. To the fullest extent permitted by law, SQH disclaims all liability arising out of the User’s use or reliance upon the website, the services, representations and warranties made by other Users, the content or information provided by the Users on JOTNO.
  3. JOTNO may be linked to the website of third parties, affiliates and business partners. SQH has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through JOTNO. Inclusion of any link on the website does not imply that SQH endorses the linked site. The User may use the links and these services at their own risk.
  4. SQH assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the website. If the User is dissatisfied with the website, the User’s sole remedy is to discontinue using the platform.
  5. If SQH determines that the User provided fraudulent, inaccurate, or incomplete information, including through feedback, SQH reserves the right to immediately suspend access of the User to JOTNO or User account. The User shall be liable to indemnify SQH for any losses incurred as a result of misrepresentations or fraudulent feedback of the User that has adversely affected SQH or its other users.

8. BOOK APPOINTMENT AND CALL FACILITY

  1. SQH enables the End Users to connect with the Practitioners through two methods:
    1. Book facility that allows the End Users to book an appointment through the Website, mobile application or similar platform;
    2. Value added telephonic services to connect the End Users directly to the Practitioner’s number provided on the Website.
  2. SQH will ensure the End Users are to be provided confirmed appointment on the Appointment Booking facility. However, SQH has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for consultation. Provided, it does not fall under the heads listed under the Refund Policy.
  3. If the End User has utilized the telephonic and/or telemedicine services, SQH reserves the right to share the information provided by the End User with the Practitioner and store such information and/or conversation of the End User with the Practitioner, in accordance with SQH Privacy Policy.
  4. Without prejudice to the generality of the above, SQH is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the End User and the Practitioner. The End User understands and agrees that SQH will not be liable for:
    1. the End User interactions and associated issues the End User has with the Practitioner;
    2. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards the End Users;
    3. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
    4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the End User due to a failure on the part of the Practitioner to provide the agreed Services;
    5. any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
    6. cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

9. PATIENT-NO-SHOW

In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the End User does not show-up at the concerned Practitioner’s clinic, chamber or practicing location:

  1. The End User’s account will be temporarily disabled from booking further online appointments on JOTNO for next thirty (30) days, in case of, three (3) Valid PNS. However, the End User can continue to call the Practitioner via given phone number to get an appointment.
  2. If the non-appearance of the Patient on the scheduled appointment date and time occurred without cancelling, rescheduling, or informing the Practitioner in advance, then the Practitioner should have to inform SQH of the incident or mark a particular appointment as P.N.S. using JOTNO within five (5) days of the scheduled appointment, an email and/or SMS (“PNS Communication”) will be sent to the End User to confirm on the incident with reasons. Where the End User is not able to establish that the End User had a legitimate reason for not showing up, SQH shall be entitled to take appropriate actions under this Agreement. However the End Users understand that, actions are included as a deterrent to stop the End Users from misusing JOTNO and the loss of business hours incurred by the Practitioner. In all cases refund or rescheduling will be done on doctor’s discretion with SQH support.
  3. Where the End User has booked a paid appointment and is unable to visit the Practitioner, due to sickness or any other valid reason, at the sole discretion of SQH, pursuant to conducting of investigation, the End User shall be provided with a refund of such payment made by the End User, at the time of booking. However, where cancellation charges have been levied, the End User would not be entitled to get the refund.

10. CANCELLATION AND REFUND POLICY

In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the End User does not show-up at the concerned Practitioner’s clinic, chamber or practicing location:

  1. In the event that, the Practitioner with whom the End User has booked a paid appointment via JOTNO, has not been able to meet the End User, the consultation amount as mentioned on JOTNO shall be refunded as per Refund Policy of SQH.
  2. The End Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the scheduled appointment time and the End User is required to wait, irrespective of the fact whether the End User is required to wait or choose to not obtain the medical services from the said Practitioner.

11. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

  1. The content that may be available on JOTNO (including information provided in direct response to the End User questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship between SQH and the End User and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist the End User with locating appropriate medical care from a qualified Practitioner.
  2. It is hereby expressly clarified that, the Information that the End User obtain or receive from SQH, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on JOTNO is for informational purposes only. SQH make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the JOTNO.
  3. The Services are not intended to be a substitute for getting in touch with emergency healthcare. To meet the medical emergency, the End User should have to contact an ambulance service or hospital directly.

12. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

  1. The contents listed on JOTNO are (i) User generated content, or (ii) belong to SQH. The information that is collected by SQH directly or indirectly from the End- Users and the Practitioners shall belong to SQH. Copying of the copyrighted content published by SQH on JOTNO for any commercial purpose or for the purpose of earning profit will be a violation of copyright and SQH reserves its rights under applicable law accordingly.
  2. SQH authorizes the User to view and access the content available on or from the JOTNO solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of JOTNO are the property of SQH and are protected under copyright, trademark and other laws. User shall not modify the SQH Content or reproduce, display, publicly perform, distribute, or otherwise use the SQH Content in any way for any public or commercial purpose or for personal gain.

13. HEALTH RECORDS

  1. In case the User wants to delete Records, the User can do so by contacting the services of the support team. Only User account and any associated Health Records will be removed, and the records stored by the Practitioners will continue to be stored in their respective accounts.
  2. The User may lose his/her “User created” record, if the data is not synced with the server.
  3. If the Health Record is unassessed for a stipulated time, the User may not be able to access the Health Records due to security reasons.
  4. SQH is not liable if the Records are not delivered to the User or are delivered late despite its best efforts.
  5. SQH has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared, created, stored incorrectly or inadvertently.
  6. SQH will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
  7. The User agrees and acknowledges that SQH may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
  8. The User acknowledge that the Practitioners may engage SQH’s software or third party software for the purposes of the functioning of the Practitioner’s business and SQH’s services including but not limited to the usage and for storage of Records in Bangladesh and outside Bangladesh, in accordance with the applicable laws.

15. INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by SQH.

16. SPONSORED ADS

SQH reserves the rights to display sponsored ads on JOTNO. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, SQH will not be liable for the accuracy of information or the claims made in the Sponsored ads. SQH does not encourage the Users to visit the Sponsored ads page or to avail any services from them. SQH will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and SQH accepts no liability for the same.

17. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

SQH hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which the User does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. threatens the unity, integrity, defense, security or sovereignty of Bangladesh, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

18. PROHIBITION FOR THE USER

Users are also prohibited from:

  1. violating or attempting to violate the integrity or security of JOTNO or any SQH Content;
  2. transmitting any information (including job posts, messages and hyperlinks) on or through JOTNO that is disruptive or competitive to the provision of Services by SQH;
  3. intentionally submitting on JOTNO any incomplete, false or inaccurate information;
  4. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
  5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
  6. copying or duplicating in any manner any of JOTNO Content or other information available from the Website or mobile application;
  7. framing or hot linking or deep linking any JOTNO Content.
  8. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

19. TERMINATION

  1. SQH reserves the right to suspend or terminate a User’s access to JOTNO and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    1. User breaches any terms and conditions of the Agreement;
    2. A third party reports violation of any of its right as a result of your use of the Services;
    3. SQH is unable to verify or authenticate any information provide to SQH by a User;
    4. SQH has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
    5. SQH believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for JOTNO or are contrary to the interests of JOTNO and/or SQH.
  2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the JOTNO under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the JOTNO by such User. The User shall ensure that he/she/ has continuous backup of any medical services and the User has rendered in order to comply with the User’s record keeping process and practices.

20. LIMITATION OF LIABILITY

  1. In no event, including but not limited to negligence or recklessness or fault of any of the parties, including but not limited to the End User and the Practitioner, shall SQH, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, JOTNO or the content, materials and functions related thereto, the Services, User’s provision of information via JOTNO, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
    1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through JOTNO;
    2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through JOTNO;
    3. any unauthorized access to or alteration of your transmissions or data; or
    4. any other matter relating to JOTNO or the Service.
  2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of JOTNO or the Services exceed, in the aggregate BDT. 1,000/- (Taka One Thousand Only) or the equivalent amount paid by the end user to avail the services of SQH, whichever is lower.
  3. SQH may disclose or transfer User-generated information to its affiliates or regulatory authorities or to any third party in such manner as permitted or required by applicable law and for lawful business purpose, and you hereby consent to such transfer.

21. EXPECTED REPORTS

Following reports and more may be generated by SQH from the information on JOTNO by user. The reports may be used for the business purpose of SQH or shared with any third party/ institutions for lawful business purpose. There will be no objection from the User for generating Reports and using/sharing the reports accordingly.

Reports based on JOTNO may include reports on drug uses, complaints, symptoms among user, patient/care seekers, their vitals, history, investigations advised and reports, diagnosis results, advices, referrals, patient demography, location, signup data, age, consultation type, time, insurance details etc.

22. RETENTION AND REMOVAL

SQH may retain information collected from Users though JOTNO for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information.

23. APPLICABLE LAW AND DISPUTE SETTLEMENT

The User agree that this Agreement and any contractual obligation between SQH and User will be governed by the laws of Bangladesh and any dispute will be settled by the courts of Bangladesh.

24. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

25. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by SQH. Any consent by SQH to, or a waiver by SQH of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.