Terms & Conditions
TERMS AND CONDITIONS FOR EMPANELMENT OF HOSPITALS/DIAGNOSTIC CENTERS/CLINICS/DOCTORS
This agreement sets forth the terms and conditions that apply to the empanelment of Hospitals/Diagnostic centers/Clinics/Doctors /Wellness Providers/Heath service establishments (“Health Service provider/HSB ”) to provide access to health care services by disseminating healthcare information and data in an unbiased manner under its scope of licensure or accreditation (Services) to the users/customers of this Website and its Mobile Application (collectively be referred to as “Website”), which is managed and operated by Consult24by7 , thewomanhealth.com,Rajat Gupta (“Company”). You understand and agree that Company reserves the right to enrol/ appoint other health service providers for similar services as envisaged herein and you shall have no objection for the same and vice-versa.
This document/agreement is an electronic record in terms of Information Technology Act, 2000 and generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND COMPANY FOR THE PURPOSE AS DEFINED HEREUNDER.
1. SCOPE AND PURPOSE
1. Health Service Provider is desirous and had approached the Company to display/list the information pertaining to the Health Service Provider on the Website to disseminate information regarding the availability of medical/health facilities with the Health Service Provider to the prospective users/customers of the Website and to render medical/health care services to the customers of the Company who are desirous of availing such medical benefits through the Website.
2. Parties agree that Company shall provide the customer details of such customers who have expressed to avail the services of the Health Service Provider such as by booking an online consultation, through the designated website of the Company.
3. For all customers referred by the Company, Company shall be entitled to send information through SMS or EMail to the SPOC of Service Provider.
4. If any services, functions or responsibilities not specifically described herein or in any related documents but are inherent, necessary or customary part of the services or are reasonably required for proper performance of the Services in accordance with the Agreement, they shall be deemed to be included within the Scope of Services as if such services, functions or responsibilities were specifically described in this Agreement.
2. OBLIGATIONS OF THE SERVICE PROVIDER
1. This Agreement is between the Health Service Provider and the Company. However, it would be applicable to all specialities offered by service Provider Group of Hospitals/ diagnostic centres/Clinics, as may be applicable, and as provided by the Health Service Provider from time to time.
2. The empanelled Health Service Provider is expected to provide its Services as per the industry standards and in a professional & ethical manner.
3. Health Service Provider may set-up a separate company's “Co-ordination Desk” round the clock in the Health Service Provider Premises, as may be mutually agreed with the Company.
4. Health Service Provider shall notify and share with the Company the cost/rate list detailing the costs of each medical treatment and procedures, which can be suitably displayed on the website of the Company. In case of any changes/modification to such costs/rates, the Service Provider shall notify the same within 2(two) days prior to such changes are to be made effective.
5. Health Service Provider agrees to provide the Services to the customers of the Company with the same degree of care and skill as customarily provided to its own patients who are not customers of the Company, i.e. according to generally accepted standards of practice including medical profession in India.
6. Health Service Provider agrees not to discriminate against customers of the Company on the basis of race, ethnicity, gender, creed, ancestry, lawful occupation, age, religion, marital status, sexual orientation, mental or physical disability, medical history, color, national origin, place of residence, health status, or any other grounds prohibited by law.
7. Health Service Provider also agrees to allow Company to audit the relevant bills/ documents pertaining to this Agreement; as and when requested by the Company. Such auditing shall be scheduled mutually between the parties.
8. Health Service Provider shall ensure that the information provided to the Company for display on its Website shall be up to date, true and correct. In this context, health Service Provider will not hold the Company (including its affiliated companies/group companies and related websites) liable for any information relied upon by Company as provided by the Health Service Provider.
9. Health Service Provider authorizes Company to collect and receive monies towards the amounts payable by the customer for the services availed, on behalf of the Service Provider. Further, settlement of monies to the Service Provider shall be in accordance with the terms as mutually agreed between the parties. All settlements for the preceding month shall be made within 60(sixty) days from the succeeding month during which the invoice is raised by the Service Provider. In this regard, the Service Provider shall raise the invoice on or before the 7th day of the successive month for the settlement of preceding month.
10. The Health Service Provider shall be solely responsible for any misconduct, damage, willful commission or omission of any services which are not listed under these Terms & Conditions or anything which goes against the spirit of free, fair and ethical practice of patient care.
11. Confidentiality: The Health Service Provider undertakes to maintain in absolute confidence and not to reveal to any person or body, any information or data which it receives through and subsequent for providing the Services pursuant to this agreement and whichpertains; directly or indirectly; to the Company or its customers, including the and without derogating from the generality, of the aforesaid names, addresses, details and medical background of the Company’s customers, information which pertains to the Company’s business or any other data which is proprietary to the Company and its customers. It is further agreed that the contents of this subsection cannot derogate from the duty of the Health Service Provider in reporting the Company of any data, information or medical background which may be relevant to the Company in the determination of its scope of work. The transfer of information shall be in accordance with the procedures established by the Company. The Health Service Provider acknowledges that its undertakings given in this Agreement with regard to the confidentiality shall be valid throughout the Term of this Agreement and it shall abide by the same even after the expiry of this Agreement.
3. REPRESENTATIONS AND DECLARATIONS BY THE SERVICE PROVIDER
1. The Health Service Provider declares and undertakes that it has all the necessary registrations/ licenses/ approvals/ authorizations required by the law in order to provide the medical services pursuant to this agreement and that it has adequate ability, knowledge, experience and equipment's required in order to provide the said service as required in this agreement.
2. The Health Service Provider undertakes to uphold all of the requirements of the law as applicable to it from time to time and shall keep updated the Company, in case of any significant change in the present status of the Provider. The Service Provider also undertakes that it shall provide the said services in accordance with the provisions of the law and the regulations, which are enacted, from time to time, by the central or the state government or the local administration/ bodies.
3. The Health Service Provider has and will continue to have its facilities covered by proper indemnity policy, including error, omission and professional indemnity and agrees to keep such policies in force during the currency of this Agreement.
4. The Health Service Provider declares that it has not been prevented from practising medicines and that no criminal charge of any kind has ever been filed against it due to medical malpractice, medical negligence and/ or no civil claim has ever been filed against it due to damage inflicted during medical treatment.
5. The Health Service Provider also undertakes to inform the Company in the event of any complaint of medical malpractice is filed against it during the currency of this Agreement.
6. It has been duly constituted under the applicable laws and has complied with and shall continue to comply with the applicable laws.
7. It has the requisite licenses, permissions, authorizations, consents, approvals and registrations under the applicable laws and the authority to execute this Agreement avail the required Services and perform its obligations hereunder.
8. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, or the fulfillment of or compliance with the terms and conditions of this Agreement, conflict with or result in a breach of or a default under any of the terms, conditions or provisions of any legal restriction (including, without limitation, any judgment, order, injunction, decree or ruling of any court or governmental authority, or any central, state, local or other law, statute, rule or regulation) or any covenant or agreement or instrument to which it is a party, or by which it is bound, nor does such execution, delivery, consummation or compliance violate or result in the violation of its constitutional documents.
4. INTELLECTUAL PROPERTY RIGHTS
1. The Parties hereby acknowledge that each Party is the legal and beneficial owner of and has the exclusive right, title and interest over its own Intellectual Property and all other proprietary information in relation to its business. Nothing in this Agreement shall be deemed in any way to constitute a transfer or assignment of any Intellectual Property by either Party. It is further agreed and understood between the Parties that the data and information of users/customers produced through this agreement shall jointly be owned by the Health Service Provider and the Company.
2. The Health Service Provider hereby grants to the Company a limited, non-exclusive, non-transferable right, only for the Term of this Agreement, to use the Service Provider’s Intellectual Property, including its marks, logos and brand/trade names, solely for in relation to the Services to be rendered by the Service Provider in accordance with the terms of this Agreement. Subject to the confidentiality clause herein, the Company may display on its web portals, at all times during the Term of this Agreement, the Health Service Provider’s marks, logo and brand/trade names, as mutually determined in writing by the Parties solely for purposes specified in this Agreement.
3. Information and data of the Health Service Provider shall be published by the Company either by relying on the information provided by the Service Provider’s or if taken from Health Service Provider’s website then by seeking prior written approval from the Health Service Provider.
The Service Provider hereby covenants to indemnify and hold harmless Company, its employees, servants and agents from and against all actions, claims, demands, losses,
damages, costs and expenses for which Company shall or may be or become liable in respect of and to the extent that they arise from:
1. The Health Service Provider committing any breach or contravention of the terms and conditions of this Agreement, its obligations under this Agreement, applicable Laws, applicable permits, codes, ordinances or regulations, bye laws;
2. any act of commission or omission, or default on the part of the Service Provider and/or its personnel, representatives, officers, agents, affiliates;
3. the negligent use, misuse, by the health Service Provider or any of its employee, servant, agent, with respect to the medical services provided to the Customer(s) of the Company;
4. The health Service Provider also agrees to indemnify andhold harmless Company from time to time and at all times hereafter, from and against, all notices, claims, demands, action, suits or proceedings given, made or initiated against Company on account of the Service Provider, as also against all costs, charges and expenses suffered or incurred by Company as a result of any proceeding or legal action filed by the customer or any third party.
6. GENERAL PROVISIONS
a. Governing Law; Dispute Resolution: This Agreement shall be governed by and construed in accordance with, the laws of India, without regard to the principles of conflict of laws of any other jurisdiction. The courts of Gurugram, India which shall have exclusive jurisdiction, for remedies available at law to such Party.
b. Relationship of Parties: The Parties are independent contracting parties and will have no power or authority to assume or create any obligation or responsibility on behalf of each other. This Agreement will not be construed to create or imply any partnership, agency, or joint venture, or employer-employee relationship.
c. Binding Effect; Severability i. All terms and conditions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the legal representatives, successors and assigns of the Parties. ii. Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction. If any provision of this Agreement is so broad as to be unenforceable, the provision will be interpreted to be only so broad as is enforceable.
d. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relating to the subject matter of this Agreement and supersedes any previous written or oral understanding, negotiations, communications and agreement between the Parties in relation to the matters dealt with in this Agreement.
CODE OF CONDUCT
Health Service Provider:
i. shall abide by the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and other applicable laws to medical profession I India
ii. shall ensure that it has the requisite qualification recognized by Medical Council of India and registered with Medical Council of India/State Medical Council (s) is allowed to practice as per the applicable laws in India
iii. shall be liable to protect patient/customers privacy and confidentiality including any medical information or data provided by the Company’s customers.
iv. who participatein telemedicine/online consultationshall ensure and maintain an ethical responsibility to uphold fundamental fiduciary obligations by disclosing any financial or other interests it has in the telemedicine/online consultation application or service and shall immediately disclose it to the Company so that Company can appropriate steps to manage or eliminate conflicts of interests
v. who provide clinical services and/or underwriting decision for health and other insurances, through telemedicine must uphold the standards of professionalism as are applicable in in-person interactions and follow appropriate ethical guidelines and practices as per medical laws applicable in India
vi. should be responsible in understanding the current medical condition, the past-history, the social history, severity of existing diseases, complications and current management line of prospective and current customers for health and other insurances.
vii. shall be prudent in carrying out a diagnostic evaluation or prescribing medication by:
o Establishing the patient’s identity
o Confirming that telemedicine services are appropriate for that patient’s individual situation and medical needs
o Evaluating the indication, appropriateness and safety of any prescription in keeping with best o practice guidelines and any formulary limitations that apply to the electronic interaction
o Documenting the clinical evaluation and prescription
viii. shall attend mandatory in-house training programs that may be conducted by the Company from time to time. This may require the Health Service Provider to undergo web-based and other training programs. Company shall have the right to regularly and monitor and the quality of work/service performed by the Health Service Provide.
ix. shall maintain all patient related records in an electronic manner in accordance with provisions laid down by the Medical Council of India and in addition, in the form and manner as instructed by the Company.
x. shall keep itself up to date with the developments in medical profession and studies,new drugs, treatments and medications, including complementary medicine etc.
xi. shall at all times maintain a professional appearance and attitude while rendeing medical and health care services.
xii. shall ensure clear and prompt communication in its dealing with Company ’s customers.
xiii. shall act in utmost good faith and exercise due care, diligence and personal and professional integrity in the performance of their duties and responsibilities as medical practitioner and shall in no event compromise with their independence of judgment
xiv. shall not exploit for their own personal gain, opportunities that are discovered through use of corporate property information
Declaration: This is to confirm that we have understood the contents of Company ’s Code of Conduct for Health Service Provider and the same has been explained and understood by us. We agree and undertake that in performance of our obligations under this agreement with Company we shall including but not limited to our officers, directors, employees, agents, consultants or representatives, etc., shall be required to adhere to the requirements of this acknowledgement.
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