Terms and Condition
DO NOT USE AXS CARE PRIVATE LIMITED SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 999 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
Call A Doctor BD and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, “Call A Doctor BD” or “we”) welcome you to download our proprietary mobile application software called “Call A Doctor BD” (or the “Application”). By downloading and using the Application, and by receiving services through the Application and/or via our Website (if applicable) (“Services”), you agree to be bound by the terms of service set out below (the “Agreement”).
If you do not agree to all of the terms of this Agreement, do not use the Application or our Services. Call A Doctor BD may amend and update this Agreement at any time. Amendments will be effective upon Call A Doctor BD’s posting of such updated terms at this location or in the amended policies (if any) or supplemental terms (if any) on the applicable Service(s). Your continued access or use of the Application or our Services after such posting confirms your consent to be bound by the terms, as amended. All references to the “Application” in this Agreement shall be construed to also include our Website (if applicable). Words denoting one gender shall include the other gender. Words denoting a singular number shall include the plural and vice versa
1. The Call A Doctor BD Products are provided to you by AXS Care Private Limited Pty Ltd (we, our or us). We may rely on our affiliates and select third parties to assist us in making the AXS Care Private Limited Products available.
2. Access to AXS Care Private Limited Products and security
1. We may change, suspend or discontinue any part of your access to or use of AXS Care Private Limited Products at any time in our sole discretion and without any liability to you. If a change is detrimental to you, you may cease using the relevant AXS Care Private Limited Products by giving us notice.
3. If we permanently end your access, any personal information that was collected by us may be permanently deleted.
4. You need to take security seriously when using AXS Care Private Limited Products, especially with usernames and passwords. If you give anyone your password then you consent to them accessing the relevant AXS Care Private Limited Product on your behalf, including accessing your personal and sensitive information. You must notify us immediately if you become aware of any unauthorised access to or use of your account.
3. Intellectual Property
2. We (or our licensors) retain ownership of all intellectual property rights in and to AXS Care Private Limited Products, including messages and content we make available to you. We grant you a licence to use AXS Care Private Limited Products for your personal and non-commercial purposes only. Except you are permitted by the Copyright Act 1968 (Cth) you must not:
a. copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through a AXS Care Private Limited Product;
b. reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of a AXS Care Private Limited Product;
c. rent, lease, lend, resell or sublicense your rights to use and access a AXS Care Private Limited Product (or any content available through a AXS Care Private Limited Product); or
d. provide any third party with access to a AXS Care Private Limited Product without our prior written permission.
3. You (or your licensors) retain ownership of all intellectual property rights in any content that you submit to AXS Care Private Limited Products.
4. You grant us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions you make to AXS Care Private Limited Products in connection with our operation of AXS Care Private Limited Products.
4. Third Parties
1. Your AXS Care Private Limited Products may contain products and services provided by third parties (Third Party Products and Services). Third Party Products and Services are provided directly as between you and the relevant third party, and the inclusion of any Third Party Products and Services does not imply that we or our licensors endorse them or their content and we make no representations whatsoever in this regard.
2. A link or reference to a third party site (Third Party Site) does not imply that we or our licensors endorse them or their content and we make no representations whatsoever in this regard.
3. To the extent permitted by law, we do not accept any liability in connection with the use or content of any Third Party Products and Services or the use or content of any Third Party Site. This is a matter for your agreement with the relevant third party.
4. You should contact the relevant third party directly if you have any queries or concerns regarding the Third Party Products and Services or Third Party Site.
5. Disclaimers and Acceptable Use
1. You are solely responsible for your use of AXS Care Private Limited Products and for the accuracy and suitability of any information or data that you upload to or record using AXS Care Private Limited Products.
2. You warrant that you are responsible for your medical affairs and associated recordkeeping and that any medical and treatment decisions made by you are based on independent professional medical advice, diagnosis, treatment or judgment.
3. You acknowledge and agree that AXS Care Private Limited Products, and any information, communications or content you receive from us, are not designed for, and must not be relied upon in relation to, any critical, emergency or acute care circumstances, and are not a substitute or replacement for independent professional medical advice, diagnosis, treatment or judgment.
4. In accessing or using AXS Care Private Limited Products (including by submitting any information or contributions, or transmitting any images, to AXS Care Private Limited Products) you must ensure that you do not:
a. breach any laws, or encourage or assist the commission of any illegal act;
b. infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
c. include any material that contains any virus or harmful code, or program that is designed to impair the performance of AXS Care Private Limited Products or any device accessing AXS Care Private Limited Products;
d. impersonate any other person;
e. negatively impact any other users’ ability to access and use AXS Care Private Limited Products;
f. publish or link to malicious content; or
g. engage in conduct which is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which will or is reasonably likely to damage our reputation or our services (including AXS Care Private Limited Products).
6. Availability and accuracy of information
1. While we use our best efforts to make sure that AXS Care Private Limited Products are great, we do not promise that they will always be accurate or defect free, or that they will be compatible with any of your other systems or services. We also don’t promise anything in relation to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via any AXS Care Private Limited Products, or that the information collected, displayed or communicated by AXS Care Private Limited Products is always accurate or complete. For example, if you use the service to calculate your eligibility for an MBS rebate, we do not guarantee that this is accurate.
2. Since the internet is not a fully secure environment, we cannot guarantee that AXS Care Private Limited Products are free from viruses or other harmful code, or the security of any information you transmit to or via AXS Care Private Limited Products. Access to and use of AXS Care Private Limited Products is at your own risk.
3. We are not under any obligation to provide any updates, new releases or maintenance of AXS Care Private Limited Products.
2. To the extent permitted by law:
a. neither we nor our licensors, suppliers or any other third party referred to in AXS Care Private Limited Products are liable for any loss, cost, damage or injury arising out of:
i. the provision of AXS Care Private Limited Products or any content available on or via your Call A Doctor BD Account; or
ii. any use or misuse by you (or other people) of AXS Care Private Limited Products or your Call A Doctor BD Account or any content available on or via your Call A Doctor BD Account; and
b. all express or implied guarantees, warranties, representations or other terms not contained in these Terms and conditions are excluded.
3. To the extent permitted by law and subject to clause 8.4, we are not in any way liable to any party for any indirect, incidental, special or consequential damages or loss (without limitation including damages for loss of profits, business interruption, loss of information or damage to systems due to viruses or other harmful components) arising from the access to and use of AXS Care Private Limited Products.
a. in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
b. in the case of services, the re-supply of the services, or the payment of the cost of re-supplying the services.
1. We will comply with applicable privacy and health records laws and the applicable Call A Doctor BD Privacy Statement in the collection, handling and use of any personal information that we acquire about you in connection with your use of a AXS Care Private Limited Product.
2. The applicable Call A Doctor BD Privacy Statement explains how we may use and disclose that information. In particular, we will use your personal or health information for the purposes of providing you with access to and use of AXS Care Private Limited Products, ongoing product maintenance and development and the other purposes set out in the applicable Call A Doctor BD Privacy Statement.
3. A copy of the Call A Doctor BD by Privacy Statements are available at http://calladoctor.com/privacy
5. AXS Care Private Limited Products may enable you to access and use maps and other online geographical information owned and operated by Google United States Pty Ltd (Google Services). In using Google Services through AXS Care Private Limited Products, you agree:
a. to be bound by Google’s Terms of Service which can be accessed terms and conditions link, and you indemnify us and our Affiliates against any loss, cost or damage arising from any failure by you to comply with Google’s Terms of Service; and
AXS Care Private Limited Doctor Service
10. Doctor House Calls
We also offer several services such as “collecting blood / urine sample form home”, elderly care, Health Examination, Medicine Delivery etc.
(a) Under the Doctor House Calls feature, we provide you with a platform to connect with a medically certified and duly registered doctor (“Doctor”) who will provide house call services at your door and on-demand in under an hour, be it at your home, office or hotel (“House Calls”). We perform thorough background checks on Doctors to ensure that they are medically certified and duly registered with the Bangladesh Medical and Dental Council.
(b) The Doctors that promote themselves on Call A Doctor BD, are not employees of Call A Doctor BD. Employees of Call A Doctor BD do not provide users healthcare services and take no part in your medical diagnosis and/or treatment. Call A Doctor BD shall not be liable for any professional advice from the doctor providing the house call service to the users in-person or via telephone, nor for any information obtained on our Application. We do not recommend or endorse any specific tests, healthcare or service providers, medications, products or procedures. You acknowledge that your reliance on any doctors that promote themselves on our Application or information provided by such Doctor to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.
(c) Consult with your regular licensed doctor as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or healthcare related procedure or activity. Do not disregard medical advice issued to you by your regular licensed doctor or healthcare provider.
(d) The Doctor that promotes itself on Call A Doctor BD is an independent professional solely responsible for the services he or she provides to you, and Call A Doctor BD is not responsible for any issues you may have with respect to the Doctor’s or healthcare professional’s professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Doctor or healthcare professionals. Our experienced MBBS Doctor will go to Patients home with a medical technologist within 30 to 90 minutes. If any reason our doctor is not available then we will contact them and keep the rights to extend the services time.
(e) Upon request for a House Call, the Application will automatically transmit your location which will be used to determine whether the Doctor provides services in your area. Upon providing certain relevant information to the Doctor through the Application, Phone or website. If a Doctor is available, he or she will be dispatched to your location.
(f) If you are using the Application for Services to a minor, you must be available during the Doctor’s visit with the minor, you are responsible for payment for the Services provided to the minor, and are assuming the obligations of this Agreement as they relate to the minor.
(g) Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. You are responsible for all equipment and/ or devices necessary to access the Application.
(i) Call A Doctor BD charges a fee for the House Call by charging the fees to your credit card. The fee to be charged is as indicated in the Application and such fees/rates are subject to change at the discretion of Call A Doctor BD at any time without prior notice.
(ii) The request made by you is for one visit per person only.
(iii) The applicable rate for the House Call would depend on the time of the day at which the request is made.
(i) If you wish for the Doctor to attend to another person while the Doctor is on site attending to your request, you will need to submit a new request accordingly.
(j) The rates above are inclusive of basic medications for symptomatic relieve of example fever, pain, cough, runny nose, headache, diarrhea, gastric pain and allergy for up to 3 days’ supply only. Any other medications are not included and will be charged separately by the attending Doctor, if prescribed and given.
a. a telephone service for enquiries about the service, including its suitability for a consultation in relation to a particular customer’s condition, illness or injury;
b. a telephone booking service for telephone or video consultations with doctors (Doctors); and
c. the provision of an online Call A Doctor BD phone and video facility platform for medical consultations between customers and Doctors (Medical Consultations).
2. The Doctors who provide Medical Consultations through the AXS Care Private Limited Doctor Service are located in and provide services from Bangladesh in accordance with Bangladesh medical regulation and standards.
3. If you access a Medical Consultation from jurisdictions outside of Bangladesh, you acknowledge and agree that:
a. the Doctors may not be registered to practice medicine in jurisdictions outside of Bangladesh;
b. the practice by the Doctor:
i. is limited to the provision of general advice by the Doctor in accordance with Bangladesh medical standards; and
ii. does not include treatment of your condition by the Doctor, including prescribing pharmaceuticals, issuing medical certificates or referrals to specialist treatment.
4. The Call A Doctor BD Doctor Service cannot be used for emergency or life threatening conditions, illnesses or injuries. If you need emergency assistance please call us for immediate help.
5. Some other conditions and circumstances will also not be appropriate for Call A Doctor BD. Doctors will determine this on a case by case basis at its complete discretion
1. Call A Doctor BD Service is provided by AXS Care Private Limited conducted in English and may include:
2. Eligibility and Registration
1. To be eligible to access and use the AXS Care Private Limited Doctor Service:
a. if you are a patient, you must:
i. be at least 18 years old or have a parent or legal guardian present while using the AXS Care Private Limited Doctor Service;
ii. only access and use the AXS Care Private Limited Doctor Service in relation to yourself (that is, where you are the relevant patient), your dependent child or person for whom you are legally responsible in relation to that person’s medical affairs;
iii. register to use the AXS Care Private Limited Doctor Service in accordance with our registration process;
b. if you are a Doctor, you must register to use the AXS Care Private Limited Doctor Service in accordance with our registration process; and
c. you must satisfy any other eligibility criteria specifically notified to you.
2. As part of the registration and booking process, you will be required to provide certain information about yourself to enable us to verify your identity and eligibility for the AXS Care Private Limited Doctor Services. This information must belong to you and be true, accurate, complete and up to date, and by registering, you warrant to us that this is the case. If any of the registration information changes then you must promptly notify us of those changes.
3. If a patient wishes to use the AXS Care Private Limited Doctor Service for a dependent child or other person for whom they are legally responsible in relation to that person’s medical affairs, we will also require you to provide the child or individual’s details and verify that you are the child’s parent, legal guardian or legally authorised individual (as applicable).
4. You may be issued with a user name and password and be required to answer security questions in order to access and use the AXS Care Private Limited Doctor Service. It is your responsibility to maintain the confidentiality and security of your password and answers to security questions and for any activity that occurs under your user name and password.
1. You acknowledge and agree that:
a. the relationship between patient and Doctor, in relation to a Medical Consultation is directly with one another. Our role in relation to a Medical Consultation is limited to the provision of an electronic medium through which the patient and medical practitioners can interact with each other;
b. the Doctors are not our employees, representatives or agents;
c. we do not guarantee that the AXS Care Private Limited Doctor Services are always accurate, error or defect-free, uninterrupted or reliable, or that they will be compatible with any of your other systems or services, and we make no representations or warranties as to the timeliness, accuracy, suitability, quality, speed or completeness of any information, content, products or services available via the AXS Care Private Limited Doctor Services;
d. the AXS Care Private Limited Doctor Services are intended to facilitate communication between patients and Doctors and are not intended to be used for primary record keeping. We recommend Doctors keep their own records and make no representations or warranties as to the accuracy, maintenance or retention of any data; and
e. you will maintain and safeguard the privacy and security of all personal or confidential information that you obtain access to in relation to the Services.
2. You agree to comply with any of our reasonable instructions, directions, policies or procedures regarding use of the AXS Care Private Limited Doctor Services notified to you from time to time by us.
1. When you have completed the registration process, you may request a booking for a Medical Consultation with a Doctor. We aim, but do not guarantee, booking times, even when these are confirmed to you.
2. A booking will be for a window of time, typically 30 minutes in length, on an agreed day during which the Doctor will call you. You must ensure you are available and answer the Doctor’s call during the booking window, or return the call immediately if it goes to voicemail.
3. If we agree to provide you with a video consultation we will send you the minimum technical requirements and recommendations to ensure a high quality connection is established.
5. Nature of consultations
1. The AXS Care Private Limited Doctor Service offers an online platform by which consultations may be conducted between patients and Doctors by telephone and in some cases, video consultations.
2. Not all Medical Consultations are appropriate for telephone or video consultation and each proposed consultation must be assessed on a case by case basis.
3. In the case of a Medical Consultation booking, you may need to provide information to a receptionist before the booking to assist them to assess whether a Medical Consultation is appropriate in that case.
4. The AXS Care Private Limited Doctor Services may not achieve everything that is needed and it may be necessary for you to attend a face-to-face visit with a general practitioner, or attend a further Medical Consultation.
5. The patient may elect to cease a Medical Consultation at any time, including during a Medical Consultation.
6. No medical advice other than by Doctor
1. Any information on or accessed via the AXS Care Private Limited Doctor Services and any information we provide to you (by whatever means of communication) is intended for information and educational purposes only and, other than the Doctor consultation, is not intended to be a substitute for medical advice, diagnosis and treatment, or to cure or prevent disease.
8. Transmission of photographs
1. We or a Doctor, may request that the patient provide a photograph for clinical purposes to assist the Doctor undertaking the Medical Consultation.
2. You must inform us or the Doctor undertaking the Medical Consultation of the date a photograph was taken when sending a photograph, if it was not taken on the same day as it is sent. You must not send us a photograph of any other person other than you or your dependent child.
3. You must only transmit such images to us as are necessary for the Doctor to provide the Medical Consultation. You must not send images that contain unnecessarily sensitive content which is not required for clinical purposes. You must not send us any material that is of a sexual nature or may be considered offensive.
4. You must also take care to follow the instructions provided by us in transmitting the image to us and to the Doctor undertaking the Medical Consultation, particularly in the context of the risk of inadvertent transfer and disclosure to a third party.
5. In transmitting any photograph to us or to the Doctor undertaking the Medical Consultation, you give your express acknowledgement and consent to the disclosure and use of the image by us and the Doctor for the purpose of the Medical Consultation, and all disclosure and use as reasonably necessary to facilitate that Medical Consultation. For the avoidance of doubt this may include disclosure of the photograph to technical, administrative and other staff supporting the AXS Care Private Limited Doctor Services.
6. If you consent, we may also use de-identified images for training and education purposes to improve the quality of the AXS Care Private Limited Doctor Services.
7. When we or the Doctor receive the photograph of the patient it will form part of the patient’s medical record.
8. If you send information from a system provided by your workplace, you should also be aware of any policies that allow your employer to view your emails and attached documents and images.
9. Fees –Medical Consultation
1. To secure a booking for a general Medical Consultation (Medical Consultation), you will be charged a fee (Fee), which will be advised by us. A Medical Consultation will not attract any rebate under either Medicare or private health insurance.
2. If the Fee is to be paid by one of our corporate customers, we will need to check your eligibility as determined by that corporate customer.
3. If you are required to pay the Fee personally you will need to have an eligible credit or debit card to make payment.
4. Cancellation fees
a. You can cancel an appointment for a Medical Consultation by emailing firstname.lastname@example.org.
b. You will only be entitled to a refund if you cancel your appointment for a Medical Consultation at least 24 hours prior to the time of the appointment.
5. If you do not answer our or the Doctor’s call, or return our or the Doctor’s call during the booking window, you will forfeit the booking for the Medical Consultation and still be liable to pay the Fee.
10. Complaints and disputes
1. If you have any concerns or complaints regarding the AXS Care Private Limited Doctor Services, please report it to email@example.com.
2. You acknowledge that complaints that relate to our AXS Care Private Limited Doctor Services should be made to us, whereas:
a. complaints regarding treatment by your Doctor should be addressed directly to them; and
b. if one of our corporate customers is paying for your use of the AXS Care Private Limited Doctor Services, complaints that relate to your coverage eligibility or in relation to our corporate customer should be addressed to them.
3. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, you may also be able to lodge a complaint with a relevant regulator in your State or Territory.
3. Where we terminate your AXS Care Private Limited registration for our own business reasons, we will refund you any prepaid Medical Consultations which you have not used.
4. To the extent permitted by law, you will not otherwise be entitled to a refund of any prepaid Medical Consultations.
5. If your access to the AXS Care Private Limited Doctor Service is terminated we will retain your information in accordance with applicable regulatory requirements