As instructor(s)/ tutor(s) over the platform, including but not limited to website and/ or mobile application developed either by Docquity itself or on its behalf by any outsourced entity, including Docquity Academy (“Platform“), you will be ably authorized to instruct/ edify/ tutor/ teach or likewise over the Platform, subject to the absolute agreement and unconditional acceptance of the following terms and conditions, as are applicable to your access, availment and/ or use of the Platform for any given purpose or otherwise (“T&C“).
ELIGIBILITY CRITERIA:
Any individual who is competent and possesses adequate legally-recognized pertinent professional and academic qualification(s) in that regard shall exclusively be authorized to take up the role of an instructor/ tutor/ teacher over the Platform (“Instructor(s)“) for the purpose of instructing/ teaching/ edifying/ tutoring or likewise a course pertaining to medicine or healthcare or any related industry (“Course“), and disseminating same to the Student(s) over the Platform. Healthcare-industry leading experts, prominent healthcare professionals and legally-recognized medical professors/ teachers may also be authorized and allowed, subject to the exclusive and sole discretion of Docquity, to take up the role of an Instructor so as to enable them to take up a Course over the Platform.
OBLIGATIONS OF THE INSTRUCTOR(S):
It shall be the prime and sole responsibility of the concerned Instructor(s) to have the requisite and compatible systems, including but not limited to network and digital infrastructure, so as to render and deliver the Course(s) over the Platform to the Student(s) without any disturbance(s) and/ or technical glitch(s) or so, which may cause and/ or result into any sort of hindrance/ obstruction or likewise to the Instructor(s) and/ or Student(s), including prospective and/ or actual, (“Users”) in accessing, availing and using the Course over the Platform.
No Instructor(s) shall in any case share, divulge, disclose, transfer, sell or likewise use and/ or exploit any data/ information, including but not limited to personal, commercial, technical, non-technical or otherwise, whether related to the User(s)/ Platform and/ or which is or comes to be in the exclusive possession of Docquity either by virtue of ownership thereof or otherwise, that has come to the knowledge, awareness and/ or possession of such Instructor during/ in the course of delivering, or in relation to, the Course over the Platform with any individual and/ or person for any purpose whatsoever. Provided that the said stipulation, to the extent of disclosure(s) and/ or sharing is concerned, shall not apply in case such disclosure(s) and/ or sharing is in compliance with any enforceable legal mandate under any enactment/ statute / law for the time being in force, subject to the condition that Docquity shall within an advance period of seven days be intimated by such Instructor(s) to that extent.
In case a Course sessions be broadcasted live over the Platform, the concerned Instructor(s) hereby expressly and unconditionally permits and authorizes Docquity to record and commercially use, in widest amplitude possible and in any manner as it deems fit and appropriate to it, each of such session(s) or recorded otherwise, in accordance with its own sole and exclusive discretion.
In case any of the recorded session(s) of Course(s) are converted into a paid Video on Demand (“VoD“), then Docquity may share the net revenue with the respective Instructor(s) in due accordance with the net revenue share model, prescribed as subscription plans hereinafter, being subject to the terms and conditions applicable thereto, and opted by the concerned Instructor(s).
No User(s) data and/ or information, whether personal or otherwise, being sensitive or confidential or otherwise in the nature, shall be shared or disclosed or divulged or likewise with/ to anyone, including but not limited to the Instructor(s).
Instructor(s) shall primarily be responsible for designing, curating and preparing the Course structure and/ or material and/ or content related thereto, which he/ she/ they intend(s) to deliver over the Platform, unless the concerned Instructor(s) opts for a Privileged Subscription as provided hereunder.
No Instructor(s) shall, during the continuation of the Course being delivered by him/ her/ them, undertake any activity in, and/ or conduct in a manner amounting to an act having, the nature of promotion or endorsement or advertisement or likewise over the Platform in relation to any of the pharmaceutical medicine(s)/ drug(s)/ device(s) or so, unless a prior written express permission and approval from Docquity to that effect mentioning the detailed description of the product to be promoted/ endorsed/ advertised or likewise has duly been obtained by such concerned Instructor(s).
No Instructor(s) shall undertake any conduct and/ or activity in the nature of commission of act or omission which may potentially or reasonably cause and/ or result into any damage/ harm/ loss or likewise to Docquity, and any failure to honour, observe and comply with the said stipulation will legally entitle Docquity, in absolute and unconditional terms, to be indemnified by the concerned Instructor(s) in that respect without any monetary ceiling thereon.
The Instructor(s) shall never, (i) directly or indirectly solicit and/ or hire any employee(s), consultant(s) or subcontractor(s) of Docquity or any affiliate(s) or associate(s) thereof; and (ii) attempt to influence, persuade or induce, or assist any other person(s)/ individual(s) in so influencing, persuading or inducing, any employee(s), client(s), consultant(s) or subcontractor(s) of Docquity or any affiliate(s) or associate(s) thereof.
The Instructor(s) shall not, directly or indirectly or by way of any colourable means, engage in providing identical/ similar services to any other person(s)/ individual which competes with and/or is similar/ related to the business of Docquity.
The Instructor(s) may, during the continuance of its Course(s) and subsistence of its engagement with Docquity over the Platform, duly and legally enter into arrangement(s) or engagement(s) of identical/ similar nature as contemplated under this T&C with any other person(s)/ individual(s), without causing any prejudice to its rights and duties/ obligations contained herein. However, such Instructor(s) is required to inform/ intimate Docquity in respect of any such engagement within 30 days beforehand by reasonable mode of communication. Further, the Instructor(s) hereby acknowledge(s) the immense efforts of Docquity to develop the Platform and Course creation(s), therefore, the Instructor(s) assure(s) that he/ she shall not run/ live the similar course/ webinar created and delivered on the Platform, on any other platform at least for a period of six (6) months.
Instructor(s) hereby absolutely assents, perceptively acknowledges and unconditionally agrees to be bound by the refund policy of Docquity available and accessible at https://medicalcourses.live/refund-policy/, which is subject to change from time-to-time at the sole and exclusive discretion of Docquity. However, such refund policy shall be duly communicated by Docquity to the concerned Instructor(s) in order to discuss the same with such concerned Instructor(s) in advance.
The Instructor(s) shall, at the exclusion of Docquity, be wholly and solely responsible, liable and accountable, either in terms of law or otherwise, for any statutory levies in the nature of taxes or likewise leviable on its share received by Docquity, unless the law mandates otherwise.
The Instructor(s) shall ensure that no plagiarism be present in the content/ data/ information/ material or likewise shared or disseminated or delivered by him/ her/ them over the Platform during course of session(s) of Course(s) in his/ her/ their own name, and for any failure to observe and honour such stipulation, the Instructor(s) shall, at the exclusion of Docquity, be liable/ accountable/ responsible for any damage/ loss/ action/ harm or likewise pursued against it by any third-party in relation to such plagiarism or any other matter connected therewith.
The Instructor(s) shall in no case produce or share or disseminate or divulge or disclose any data/ information/ content/ material or likewise during the deliverance of any session(s) of Course(s) over the Platform in its own name or without giving due credits to the respective person/ individual, which may result into any infringement of any right(s), title(s) and/ or interest(s) of the legal and/ or legitimate holder thereof.
DOCQUITY’S RIGHTS AND SUPPORT:
Docquity may, with the mutual consultation with the concerned Instructor(s), reschedule any of the session(s) of the Course(s) and/ or and/ or defer any of the Course(s), without obtaining/ acquiring any approval/ permission in that regard, and the rescheduled date(s) of such session(s) and/ or Course(s) shall be communicated to the Student(s) after obtaining confirmation from the concerned Instructor(s).
The Platform shall only act as a support-enabler in the form of a facilitator so as to enable the Instructor(s) to reach out and connect with the Student(s), including actual and/ or prospective, and neither bear(s) any responsibility nor liability nor accountability nor warrants any guarantee as to the success and/ or satisfaction of the particular Course launched/ initiated/ delivered/ rendered by any Instructor(s) over the Platform.
Docquity hereby exclusively reserves the absolute right to take down and/ or discontinue any Course from the Platform at its own sole and exclusive discretion without specifying any reason/ cause thereof to anyone, including the concerned Instructor(s) and Student(s), and without making any compensation for any loss or damage or likewise attributable thereto, and without making any communication in that regard in the form of any advance/ post/ prior intimation/notice/ approval/ permission or likewise to the Instructor(s) and/ or any User(s). In respect of the said stance, Docquity shall in no manner be deemed liable/ accountable/ responsible or likewise to anyone, including but not limited to Instructor(s) and/ or Student(s).
Docquity may use, in widest amplitude possible and in the manner as it deems fit and appropriate to it, any data/ information/ material/ content shared and/ or delivered by the Instructor(s) over the Platform, either in relation to a Course or otherwise, for promotional and/ or any other purposes at its own sole and exclusive discretion as and when Docquity deems expedient.
ALL RIGHTS RESERVED:
All rights, titles and/ or interests, being in the nature of intellectual property or otherwise, in any of the data and/ or information/ content/ material or likewise shared/ disseminated/ disclosed/ divulged/ delivered or likewise by the Instructor(s) during the tenure of the Course(s) or otherwise over the Platform, shall absolutely and exclusively vest in/ with Docquity from the time they have been put over and/ or delivered to the Platform by such Instructor(s), except to the extent and scope of its veracity, authenticity and truthfulness.
Docquity shall be exclusively authorized and entitled to receive the entire Course fees from the Student(s) of a Course, and out of such fees, on the basis of subscription plan, as alluded to hereinbefore, elected by the concerned Instructor(s), Instructor(s)’s share shall be duly settled within 30 days from the date of the Course duly, successfully and entirely stood delivered by such Instructor(s) over the Platform. Also, the entire charges for subscription plan(s) shall exclusively be received by Docquity.
RIGHTS AFTER AGREED DURATION OF PROMOTION:
After the expiration of the agreed duration of Course promotion, as agreed between both parties (Docquity and Instructor(s)), all right(s), title(s) and interest(s) in/ to the video content used for promotion on Docquity Academy shall unconditionally be transferred by the concerned Instructor(s) to Docquity, who shall hold exclusive ownership of such entire video, including but not limited to its content.
The Promoter(s) [Instructor(s)] absolutely agree(s) and unconditionally assent(s) not to distribute, share, or reuse the video, including but not limited to its content, for any commercial or non-commercial purposes, without duly obtaining a prior written consent from Docquity.
Docquity may continue to run, use, modify, adapt, and display the video(s), including but limited to its content, on its Platform, promotional materials, or any other channels of its choice, after the agreed duration of promotion, entered into by and between Docquity and Instructor(s), without any further obligation to the concerned Instructor(s).
FOLLOW-UP COURSE AND FIRST RIGHT OF REFUSAL:
In the event that any Instructor(s)’s Course, promoted on Docquity becomes popular and gains prominence to that extent that that there is a demand for a follow-up Course on the same or related topic, Docquity shall offer the Instructor(s) the first right of refusal to run and take up such follow-up Course on the same or related topic.
The first right of refusal shall be granted to the Instructor(s) within a reasonable time frame after Docquity determines the popularity and demand for a Part-II Course, based on factors such as course enrolments, participant feedback, and market analysis.
The Instructor(s) shall have 30 days from the date of the “first right of refusal” offer to communicate their decision to Docquity. Should such Instructor(s) declined the offer or fail(s) to respond within the specified timeframe, the first right of refusal shall be deemed to have been waived off.
NO OBLIGATION BEYOND FIRST RIGHT OF REFUSAL:
Except for the obligation to offer the first right of refusal for Part-II of any Course(s), Docquity shall have no further obligation towards the Instructor(s) beyond the agreed duration of promotion.
REVENUE SHARE WITH THE INSTRUCTOR:
Docquity may share with the Instructor(s) the net revenue, and not the gross revenue, generated from the User(s) of the corresponding Course, on the basis of the subscription chosen by the Instructor(s).
Docquity shall share the net revenue, not gross revenue, with the Instructor(s), on the basis of the subscription plan(s)*, as specified hereunder, elected by the Instructor(s):
(A) Base Subscription (80:20): In this plan, Docquity shall keep 20% of the net revenue, and not gross revenue, and disburse the remaining 80% of the net revenue to the concerned Instructor(s). With this subscription plan, Docquity shall offer and assist the Instructor(s) in Course structurization and designing by providing insights in relation to trending medical subject topics, pricing of the Course(s) based on our historical analytics archives, structurization of Course(s) in terms of length. Further, Docquity shall provide all necessary tools, guidance and licenses required by the Instructor(s) to execute the Course(s) successfully, and the Course will be powered by Docquity so as to enable you (Instructor(s)) to maintain its (Docquity) brand image, since it is a leading community of healthcare professionals in the region of Southeast Asia. Having regard to the share of revenue of the Instructor(s) in Base Plan, the Instructor(s) is expected and required to undertake marketing, promotional, advertising activities or likewise, by the best of its means, to make the Course(s) to be delivered over the Platform a successful deliverable.
(B) Co-Creation Subscription (50:50): In this plan, Docquity and Instructor(s) shall share the net revenue, and not gross revenue, in equal ratio of 50%-50%. In addition to the bouquet of offerings and services offered by Docquity in the aforementioned Base subscription plan, the Instructor(s), opting for this plan, shall be provided a marketing add-on, by way of which Docquity shall promote the concerned Instructor(s) Course(s) to its database of healthcare professionals via capitalizing on numerous channels such as emails, notifications, banner promotions on Docquity’s mobile application, Docquity’s social media channels, SEO-optimized landing pages to drive higher traffic, advertising and demonstrating the concerned Instructor(s) Course(s) at pertinent events and across our sites to target the potential interested Student(s). Needless to mention that this plan comes with the assistive and facilitative navigational guidance of Docquity to co-create the Course(s) in consultation with the Instructor(s) so as to curate it in a commercially-viable and knowledge-rich manner and hence both, Docquity and Instructor(s), share equal responsibilities for making the Course(s) a successful deliverable.
Notwithstanding anything contained in this T&C or any other agreement related thereto, in no case any portion of net revenue or proceeds in relation to a Course(s), be it in respect of live session or VoD thereof, shall be shared by Docquity with the concerned Instructor(s) for a period not exceeding one year from the date when a Course(s) created by an Instructor(s) goes live for the Student(s) over the Platform either in the form of live session(s) or VoD(s).
*Note: Docquity reserves the exclusive discretionary right to change/ amend/ alter/ modify/ reduce/ delete/ increase/ revise or likewise, in any manner the aforesaid subscription plan(s) and the corresponding net-revenue sharing ratio, and /or to introduce/ include new subscription plan(s) as well. The subscription plans are applicable to both- live session(s) or/ and VoD in relation to a Course delivered by an Instructor(s), and the subscription plan once opted by Instructor(s) may only be altered, at the sole and exclusive discretion of Docquity.
RELATIONSHIP WITH THE INSTRUCTOR:
The Instructor(s) and Docquity are independent contractors and are operating on a principal-to-principal basis in the entire course of transaction, subject to this T&C.
AMENDMENTS:
Docquity hereby reserves the exclusive right to unilaterally undertake any modification, amendment, alteration, deletion, insertion, introduction or likewise, to these T&C, without making any advance/ subsequent intimation or approval or permission or any communication in relation thereof, either to the Instructor(s) or Student(s), associated with Docquity Academy.
