This document establishes the general terms and conditions (the "Terms and Conditions") that will be applicable to the Users (as defined below) of the digital and computer platform owned by First Doctor Pvt ltd, (the "Platform" or "FirstDoctor") , as well as access and use of the website located at the electronic address URL www.firstdoctor.lk (the "Website"), its corresponding mobile application for smartphones (the "Mobile Application") and any portals, developments and/or additional or auxiliary programs that FirstDoctor, directly or indirectly, uses to provide its services (all of them together referred to as the Platform, the Website and the Mobile Application as the "Digital Media"). In this instrument, FirstDoctor may be referred to, interchangeably, as "FirstDoctor" or "we"; Likewise, the phrases "our" or "of ours" will be understood as referred to FirstDoctor. The Terms and Conditions may also be referred to, indistinctly, as "this document" or "this instrument."
All persons who register or access or use the Platform, through any device or computer, will be referred to as "Users", regardless of whether such access is made through the Mobile Application or the Website. Where applicable, “User” will also include Health Specialists whose data appear on the Platform or who have a Profile (as this term is defined below).
These Terms and Conditions are directed to the Users of the Platform, and will be applicable and binding to them at all times when they are Users and are directed exclusively to users who are located in the territory of Sri Lanka.
These Terms and Conditions will be displayed in front of the Users for their express acceptance, which may be done in writing and through a handwritten signature or by electronic means by filling out and/or marking acceptance boxes enabled in the Digital Media. The above is based on the Civil Codes of Sri Lanka.
Users declare and guarantee that, prior to the direct or indirect use of any of the Digital Media, they have expressly accepted each and every one of the provisions contained and provided for in these Terms and Conditions, as well as the corresponding subjection to them, in terms of the preceding paragraph. In the event that FirstDoctor does not have proof of any User's prior acceptance of the provisions of this instrument, the Service will not be enabled.
Patients who access the Digital Media without having created a User Account (as this term is defined below) will only be able to browse the Website. However, any use of the Digital Media will have the effect of tacitly accepting this instrument by the User, even though their respective account has not been created.
For better clarity and for the purposes of these Terms and Conditions, terms that appear defined in capital letters will have the meaning attributed to them below or anywhere in these terms and Conditions:
Sed posuere consectetur est at lobortis. Maecenas faucibus mollis interdum. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Donec id elit non mi porta gravida at eget metus. Cras justo odio, dapibus ac facilisis in, egestas eget quam. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus.
The Platform has three (3) categories of Users, namely: (i) Patients; (ii) Health Specialists; and (iii) Medical Centers.
Users must register on the Platform, accessing it through the Mobile Application or the Website, in order to obtain an account and an access password (the "User Account"). Registration must be carried out through the form that is directed to the particular category of User in question.
Users must provide the corresponding personal information in all fields, with valid, precise and truthful data. Users are obliged to keep the aforementioned personal information updated at all times. FirstDoctor reserves the right to request, at any time, certain information or documentation from Users with the purpose of verifying the veracity of the information provided, as well as to temporarily suspend User Accounts whose information has not been corroborated, or those accounts that are believed to have been created for fraudulent purposes.
All Users declare that they have the capacity to contract, in accordance with the legislation applicable in their respective domiciles. Only people who are of legal age, that is, eighteen (18) years of age at the time of registering on the Platform, may request the authorization of a User Account.
Users will, at all times, be responsible for the custody of their password, assuming in consequently, any damages that may arise from its improper use, as well as of the transfer, disclosure or loss thereof. Likewise, it is strictly prohibited for Users to share their password or allow access to their User Account to any third party. In the event of forgetting the password or any other circumstance that poses a risk of access and/or use by unauthorized third parties, the User will notify immediately the FirstDoctor customer Care, so that it can proceed immediately to block and replace it. The User acknowledges the personal nature and non-transferable password, which will remain in their custody or care, so they will be solely responsible for any damage or harm that may be a consequence of the improper use of said password.
With regard to Users in general, the service is limited to the following:
Health Specialist accepts and consents to the following:
Users who contract any Profile remains on the platform.
FirstDoctor will have the right to receive the remuneration agreed upon at the time of subscription.
Unless otherwise indicated, specified compensation is net of taxes and expenses.
FirstDoctor may modify the compensation agreed with the User, in which case, FirstDoctor will notify the User of the date on which this modification will take effect.
In order to access the Website owned by FirstDoctor, the following technical conditions must be met:
Patients can schedule an appointment with Health Specialists and, where applicable, Medical Centers, subject to verification of the cell phone number and email address. If applicable, the Service can only be carried out if the Patient has previously accepted FirstDoctor's Comprehensive Privacy Notice, and specifically, if they have given express consent regarding the processing of their sensitive personal data related to their health status.
FirstDoctor will not be responsible to the Health Specialists and, where applicable, to the Medical Centers for the fact that the Patient does not appear at the agreed time, reserved through the Visit Calendar. Likewise, FirstDoctor will not be responsible to the Patient for the impossibility of keeping the appointment reserved through the Visit Calendar for reasons attributable to the Health Specialists or, where applicable, to the Medical Centers.
This section lists the general guidelines imposed by FirstDoctor for the publication of opinions and questions by Patients (as applicable):
The opinions and ratings received by the Health Specialists do not constitute a medical recommendation, nor can they be deemed to have been made by FirstDoctor, since they come from the assessment made by the Patients. Therefore, the publishing of said opinions and ratings does not imply that FirstDoctor recommends Health Specialists.
The use and verification of the User Accounts of Health Specialists, as well as Medical Centers, will be subject to the following guidelines:
To make any requests, complaints or reports related to the Service, Users must contact the FirstDoctor Care and Support Center, within a maximum period of five (5) calendar days after the event that they wish to report or whose clarification they request.
Care and Support Center:
Telephone: (+94) 114939 912
Email: support@firstdoctor.lk
Users undertake to make appropriate and lawful use of the Digital Media, in accordance with applicable legislation, this instrument, generally accepted morality and good customs, and public order. Users must refrain from engaging in the following behaviors: (i) making inappropriate, illicit or fraudulent use of the Digital Media; (ii) accessing or attempting to access restricted or unauthorized resources within the Digital Media; (iii) using the Digital Media for purposes that are illicit, illegal, contrary to what is established in this instrument, harmful to the rights or interests of third parties, or that in any way may damage, disable or overload or prevent normal use or enjoyment of the Service; (iv) causing damage to the Digital Media or the systems of its suppliers or third parties; (v) introducing, spreading or carrying out attempted acts to distribute computer viruses or any other physical or logical systems that are likely to cause damage to the systems of FirstDoctor, its suppliers or third parties; (vi) attempting, accessing, using and/or manipulating FirstDoctor data; third party providers and other Users; (vii) reproducing or copying or distributing any elements inserted in the Digital Media, without having the corresponding authorization; and (vii) performing or attempting to perform reverse engineering, decompilation or reverse compilation, disassembling, listing, printing or displaying the software, firmware, middleware or any other part of the source or compiled code that makes up the Platform and any of its programs or components, or by any other means obtaining the source code or other proprietary information of the Digital Media.
Likewise, it is strictly prohibited for the User to carry out "Fraudulent Operations" in Digital Media. For the purposes of this document, Fraudulent Operations will be understood as any act carried out by Users to obtain an improper profit or benefit, including without limitation, identity theft; the creation of fake accounts or double user accounts; the entry of false financial or banking information, or previously stolen from third parties; collusion with any other User or any FirstDoctor personnel to engage in fraudulent conduct; and in general, any isolated or repeated act that has the purpose of deceiving the Platform or FirstDoctor to obtain undue profit.
The User accepts that the availability and continuity of the operation of the Digital Media may be temporarily interrupted or suspended due to: (i) the lack of availability or accessibility to the Digital Media; (ii) the interruption in the operation of the Digital Media due to computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the internet system or in other electronic systems, produced in the course of its operation; and (iii) other damage that may be caused by third parties through unauthorized interference beyond FirstDoctor's control. FirstDoctor will make its best efforts to maintain the good and correct functioning of the Digital Media, as well as to mitigate the presence of viruses and/or other elements introduced to the Digital Media by third parties, and will also adopt various protection measures to protect the Digital Media against third party computer attacks. However, Users acknowledge that the Digital Media may not be available due to technical difficulties, internet failures, disruptions to telecommunications networks, or due to any circumstance beyond FirstDoctor's control.
The Users understand that the security and safeguarding of the physical and psychological integrity of the Users is an essential requirement for the use of the Platform.
In case of (i) breach of these Terms and Conditions or, if applicable, of the additional contract or contracts between FirstDoctor and the User; (ii) conduct of a User that may cause risk, damage or harm to other Users (for example, a Health Specialist with respect to a Patient or vice versa) (iii) non-compliance with applicable legislation or applicable professional codes of ethics, (iv) indications of criminal behavior and/or (v) improper behavior that could significantly damage the reputation of FirstDoctor or other Users and individuals, FirstDoctor may, unless prohibited by applicable law, suspend or restrict access to the User Account and all or part of the Services without prior notice.
“Improper behavior” means any behavior that is defamatory, inappropriate, threatening, hateful or that may threaten the physical or moral integrity of another User or individual. In those cases that FirstDoctor considers serious, FirstDoctor may proceed to permanently cancel the User Account. Such cancellation will entail the termination of the Services and, if applicable, of the existing additional contract or contracts, for all purposes. To the extent possible, the User will be informed of the suspension, restriction or cancellation of the User Account by the means that FirstDoctor considers appropriate and will have the right to express their point of view for evaluation by FirstDoctor. FirstDoctor will not be liable to Users or third parties in the event of suspension, restriction or definitive cancellation of the User Account.
By signing or accepting these Terms and Conditions, Users declare that they have read and expressly accepted the FirstDoctor Privacy Notice, which is available on the Website.
For more information about the processing of their personal data, Users should consult the Privacy Notice.
Users recognize and accept that all intellectual and industrial property rights over the Digital Media and over all content and elements inserted in the Digital Media (including without limitation, brands, logos, figures, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentations, and audio and video elements) belong to FirstDoctor (the "Intellectual Property").
Any reproduction, distribution, transmission, copy, alteration, exploitation, publication, dissemination or disposition of the Intellectual Property is strictly prohibited without the prior written consent of a legal representative of FirstDoctor.
Any use or exploitation of the Intellectual Property, which is not authorized by a legal representative of FirstDoctor previously and in writing, will be enough reason to cancel the User's Account, without prejudice to the administrative, civil and criminal sanctions to which the User is entitled.
For the purposes of these Terms and Conditions, the Users and FirstDoctor together are referred to as the "Parties". The Parties recognize that all of them are independent of each other, and therefore agree that the signing of these Terms and Conditions will be a private contractual relationship, without giving rise to said relationship being interpreted as a company or association between them.
FirstDoctor will not be liable to Users, in accordance with this instrument, in the event that the Digital Media cannot be used or the Service cannot be provided due to force majeure, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, telluric movements, strikes, wars, insurrections, riots, rebellions, closures, cyber attacks by hackers, acts of God or other causes of a similar or different nature.
Users may not transfer their rights and obligations assumed when signing these Terms and Conditions, without the prior written consent of a legal representative of FirstDoctor.
As for FirstDoctor, it may assign these Terms and Conditions to any third party that succeeds it in the exercise of its business or that assumes ownership of the Digital Media or that is within its same business group without the need for any authorization from the users.
FirstDoctor may make the appropriate notifications through a general publication disseminated in the Digital Media, through a notice addressed to the email address provided by the Users when registering their User Accounts or through notification by traditional mail addressed to the indicated address by Users when registering their User Accounts.
The User may notify FirstDoctor by sending an email to the contact address indicated on the Website.
These Terms and Conditions may be modified, added or reformed by FirstDoctor, in which case the date of last modification of this instrument will be updated. The User expressly recognizes FirstDoctor's right to modify these Terms and Conditions at any time and must periodically consult the Terms and Conditions in force at all times.
In the event that the User does not agree with the modifications made to these Terms and Conditions, the User may request FirstDoctor to terminate the same within thirty (30) calendar days following the notice, without any responsibility at their expense. It will be understood that the User accepts the modifications made to these Terms and Conditions if they request the Service on a date after such modifications come into force, or if after said period they have not exercised their right of revocation.
In the event that any term, condition, section or provision provided for in these Terms and Conditions is or may be deemed void, invalid, illegal, prohibited or unenforceable in any jurisdiction, such term, condition, section or provision must be severed from this Agreement, without the foregoing implying the nullity or invalidity of the remaining terms or conditions. FirstDoctor must replace the corresponding term, condition, section or provision, in accordance with the applicable regulations.
These Terms and Conditions will be in force and will be mandatory and binding for all Users (including Users who have a User Account enabled in the Digital Media and do not request its cancellation).
By signing these Terms and Conditions, Users are notified about the scope of the Service, which is circumscribed and limited to putting Patients in touch with Health Specialists and, where applicable, with Medical Centers.
Likewise, Patients have been sufficiently aware that FirstDoctor does not recommend health professionals, nor does it verify their professional suitability, nor the authenticity of the documents that support their academic or professional history.
In this understanding, based on the Civil Code and its correlative and applicable in the Civil Codes of Sri Lanka, the Patients expressly refrain from, and in the broadest terms permitted by current legislation, initiating any action, lawsuit, complaint, claim or attempting any judicial or extrajudicial proceeding against FirstDoctor or FirstDoctorplanner, derived from or motivated by damage and/or losses (or even moral damage) that they may suffer due to the provision of professional services performed by the Health Specialists or, where applicable, with the Medical Centers, including but not limited to, cases of medical negligence, malpractice, erroneous diagnoses or side effects for medical treatment.
For their part, both the Health Specialists and the Medical Centers, by accepting these Terms and Conditions, acknowledge that they are and will be solely responsible for having any permit, notice, registration, or any other required by current and applicable legislation, necessary to practice medicine, provide professional services, promote products, services, establishments, supplies, and/or any other that by its nature is required by law and with the understanding that FirstDoctor is not and will not be responsible under any circumstances, of the content that the Health Specialist or Medical Center adds to their Profile without meeting the requirements provided for in the applicable legislation.
The Health Specialists and, where applicable, the Medical Centers are obliged to hold harmless and indemnify FirstDoctor, as well as their partners, shareholders, investors, representatives, attorneys-in-fact, agents, legal advisors, service providers and employees of any expenses, damage and/or losses (including reasonable attorneys' fees) which bear the latter due to the filing of any complaints, claim, litigation, inspections, verifications or in general, judicial, administrative or extrajudicial proceedings that are initiated against FirstDoctor or the aforementioned persons.
In certain cases, FirstDoctor allows Patients to describe to Health Specialists the condition(s) that specifically motivate the request for a professional appointment or medical consultation, through a clinical episode. This functionality has the sole purpose of providing indicative information to Health Specialists (or, where appropriate, to Medical Centers), but it does not constitute the safeguarding or creation of any clinical history, since it is isolated and precise data whose treatment will be subject to the provisions of the FirstDoctor Privacy Notice. In this sense, it is the sole and exclusive responsibility of the Health Specialists (or, where appropriate, of the Medical Centers) to independently carry out the corresponding medical examinations and investigations, as well as order the clinical studies that are necessary to carry out a diagnosis. FirstDoctor does not assume responsibility for the veracity or reliability of the information contained in the clinical episode in question.
The Parties in this act strictly agree that these Terms and Conditions will be governed and interpreted in accordance with the civil legislation in force in Sri Lanka, for which the Parties expressly and irrevocably renounce any other legislation that could be applicable by virtue of their present or future domiciles or for any other reason or concept.
For any controversy related to the validity, interpretation and compliance with these Terms and Conditions, the Parties expressly and irrevocably agree and consent to submit exclusively to the jurisdiction of the competent courts and tribunals located in Sri Lanka and in this act expressly and unconditionally renounces, in the broadest terms permitted by law, any other jurisdiction that may apply to them by reason of their current or future domiciles or for any other reason.
Last modification date: 02/05/2025
For any questions related to your personal data. you can contact
us:
by email to:support@firstdoctor.org