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End User License Agreement

End User License Agreement (“Standard EULA”)

This EULA is for the all users of the application “Namaste Health”, owned and services offered by Indiradev  IT Services LLP (herein after referred as “Indiradev LLP”) registered as Limited Liability Partnership (LLP) in India with reference number (LLP IN – AAR-7752) having registered office address 302, Neminath Ocean View Apartments, SVP Nagar, Near Versova Telephone Exchange, MHADA, Andheri (W), Mumbai – 400053. Having its office at having its office at Flat No. 06, Gautam Ashish Co-operative Housing Society Ltd., situate, lying and being at 290-A, Vaikunthlal Mehta Road, Vile-Parle (West) Mumbai- 400 056.

The services offered over mobile application is independent service offered to end user, users may use the application for single or multiple purposes as may be suitable to their requirements and need.

Considering the utility of the application broadly the users can be classified as following:

User Patient – Any individual looking for connect for medical services, support, information, facilities etc. available on the application under regular or emergency situation for self or its relatives.

User Doctor – Any individual natural person qualified in the profession of healthcare and offering services for human healthcare. Who chooses to list with “Namaste Health” for offering his/her availability to patient and offers healthcare services. By marking the status as “available” making himself/herself available to patient in close vicinity and under real-time environment for connect over call/video-call and further treatment as may be required.

User Hospital – Any institute or facility offering healthcare services to human health and provide services to patient for OPD, in-patient care, procedures, life support services, diagnostics, pharmacy, and any other procedures or services in connections with the same. Who chooses to list with “Namaste Health” for offering better and quick services to patient for human healthcare.

Other support service providers – Any person providing support services, who chooses to list with “Namaste Health” as individual or as business unit for providing services as diagnostics, radiology, physiotherapy, elderly care, ambulance services, blood bank, pharmacy or any other services etc. Offers services by listing on “Namaste Health” platform.

This End User License Agreement contains the complete terms and conditions that apply when you use our application (“the application”) or choose to browse its content. By using this application, you automatically agree to comply with and be bound by the present terms and conditions. This agreement describes and comprises the entire agreement between you and Namaste Health, and supersedes all previous or current agreements regarding the subject matter herein, i.e. any representations, warranties and understandings with respect to this application and the content provided by or through this application.

The Namaste Health Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Namaste Health in connection with your visit to the Website/Mobile Application and your use of the Services.

If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Service. By subscribing to/using the Namaste Health Helpline Services, you hereby acknowledge that you are familiar with these terms and any changes or modifications that may occur from time to time.

For Clarity

BY REGISTERING TO USE THE “NAMASTE HEALTH” PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:

You acknowledge that Indiradev IT Services LLP is the owner of the domain name and Website/Mobile Application, “Namaste Health”. You also absolve professionals engaged by Indiradev IT Services LLP who offer services through the Website/Mobile Application from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by you through the use of doctor connect (also referred at “Namaste Health” as ”online video connect or doctor connect” or ”online doctor connect” or “medical connect” or “health queries” or “queries” or “video consultations” or “video consults” or “phone connect” or “phone queries” or “video queries” or “direct query to a doctor” or “follow-up query” or “free query” or “paid query” or “common query” or “consultation” or “appointment”).

You also understand and use the Website/Mobile Application accepting that it is being provided on as it is basis. The Website/Mobile Application is not intended to be used to: Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided. For any medical emergency, you shall immediately contact the emergency number of your choice. Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment.

All information obtained directly or indirectly from the Site are provided at your own risk. For all video connect in particular, before acting on any of the advice offered in/through the site, you should confirm that such action is applicable and suitable to you, by referring to your own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with online connect or other services exclusive of physical examination, in-person medical advice or onsite and extensive investigations are hereby accepted and agreed to by you.

You further absolve “Namaste Health” from all liability, and its owners, managers, directors, doctors, moderators, employees, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any person professional or contained within the Site.

“Namaste Health” may, without giving notice, delete any account or information contained on the Site for any reason whatsoever. The information on this Website/Mobile Application (including but not limited to video consult, live chat, emails, phone support) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from the physician/surgeon or other qualified healthcare providers.

You shall consult other sources and confirm the information contained within this Website/Mobile Application. This shall include consulting your own physician/Surgeon regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

The Indian Contract Act, 1872,

The (Indian) Information Technology Act, 2000, and

The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules (SPI Rules), 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

  1. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website/Mobile Application in any manner. By registering, visiting and using the Website/Mobile Application or accepting this Agreement, you represent and warrant to “Namaste Health” that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/Mobile Application and the Services available through the Website/Mobile Application, and agree to and abide by this Agreement.

2. Binding Agreement

These Terms and Conditions form a binding agreement (the “Agreement”) between you and “Namaste Health”. Your access to or use of the Physician/surgeon Helpline Service indicates your acceptance of these Terms and Conditions. You are agreeing to use the Physician/surgeon Helpline Service at your own risk.

2. The following definitions apply to this Agreement.

2.1 “Physician/Surgeon Helpline Application” or the “Application” (collectively, the “Applications”) means any application under the control of “Namaste Health”, whether partial or otherwise and includes such Application’s Content, Text, Graphics, Design, Programming, Physician Helpline Materials and Services (as applicable in each context).

2.2 “Content” includes all Text, Graphics, Design and Programming used on the Applications.

2.3 “Services” means any services provided by “Namaste Health” or its agents described herein.

2.4 “User” and “You” refers to any individual or entity that uses any aspect of the Applications.

2.5 “You” means “User” the person who (or the entity on behalf of whom such person is acting) are agreeing to these Terms and Conditions.

3. General Use Rules.

The Applications and the Services are intended for individuals seeking personal medical help. You may use the Applications and Services only for lawful purposes within the stated context of “Namaste Health” intended and acceptable use of the Applications and Services.

4. Privacy Communications and Data Collection

4.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

4.1.2 “Namaste Health” may by its Services, collect information relating to the devices through which you access the Website/Mobile Application, and anonymous data of your usage. The collected information will be used only for improving the quality of “Namaste Health” services and to build new services.

4.1.3 The Website/Mobile Application allows “Namaste Health” to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments or video calling and for obtaining feedback in relation to the Practitioners and their practice.

4.1.4 The Website/Mobile Application allows “Namaste Health” to access user’s (User – Patient/Doctor/Hospital/Other support service providers) location data. The user’s system’s or mobile’s current location or indicative location set by the user on the map would be considered as current location of the user. Services offered by “Namaste Health” are predominantly dependent on the user’s location and the connect to and amongst the users; like patient to doctor, patient to hospital, doctor to hospital and likewise for other support service providers and such other combinations within the users etc. “Namaste Health” uses location services for listing nearby service providers including for services under emergency or call ambulance etc. The nearest location and the travel time required to reach out to other service provider location is indicative and is based on other available resource data including data available on other connectivity platforms. Under real-time circumstances the travel time required also depends on other factors like traffic, access to the route, climate and other factors etc. “Namaste Health” does not guarantee or provides any assurance of connect/services with in stipulated timeline to its users, users are advised to independently communicate and get the fair estimates for the locations and travel time required to reach to the location. “Namaste Health” advises the users to take their independent call to avail services from service providers listed on the “Namaste Health” platform; “Namaste Health” would not be responsible for any loss/damages to any users for users claim for compensation for financial/opportunity loss or loss for damage to health/life.

4.1.5 The Privacy Policy sets out, inter-alia:

  • 4.1.5.1 The type of information collected from Users, including sensitive personal data or information;
    • 4.1.5.2 The purpose, means and modes of usage of such information;
    • 4.1.5.3 How and to whom “Namaste Health”/Mobile Application will disclose such information; and,
    • 4.1.5.4 Other information mandated by the SPI Rules.

4.1.6 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

  • 4.1.6.1 the fact that certain information is being collected;
    • 4.1.6.2 the purpose for which the information is being collected;
    • 4.1.6.3 the intended recipients of the information;
    • 4.1.6.4 the nature of collection and retention of the information; and
    • 4.1.6.5 the name and address of the agency that is collecting the information and the agency that will retain the information; and
    • 4.1.6.6 the various rights available to such Users in respect of such information.

4.1.7 “Namaste Health” shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to “Namaste Health” or to any other person acting on behalf of “Namaste Health”.

4.1.8 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website/Mobile Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify “Namaste Health” of any actual or suspected unauthorized use of the User’s account or password. Although “Namaste Health” will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of “Namaste Health” or such other parties as the case may be, due to any unauthorized use of your account.

4.1.9 If a User provides any information that is untrue, inaccurate, not correct or incomplete (or becomes untrue, inaccurate, not correct or incomplete), or “Namaste Health” has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, “Namaste Health” has the right to discontinue the Services to the User at its sole discretion or may deactivate their account.

4.1.10 “Namaste Health” may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

4.1.11 Against every Practitioner listed in “Namaste Health”, you may see a ‘call’ option. When you choose this option, you choose to call on the practitioner’s number through a telephony service provided by “Namaste Health”, and the records of such calls are recorded and stored in “Namaste Health” servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by “Namaste Health” should be used only for appointment, value added video telephonic services and booking purposes, and no advice over the video/audio call should be considered as medical consulting on health-related issues. We advise patient to visit the Doctor personally for consulting and diagnostic for further treatment.  “Namaste Health” accepts no liability if the call facility is not used in accordance with the foregoing.

5. Services by Licensed Medical Practitioners.

You acknowledge that the Physician/Surgeon Helpline Services are being provided to you by “Namaste Health” and their licensed medical practitioners (the “Personnel”). The “Namaste Health” will provide services as mentioned in “Services” above.

5.1 Call Facility

“Namaste Health” enables Users to connect with Practitioners through two methods: A) Value added video telephonic services which connect users directly to the Practitioner’s number provided on the app. B) Connect thru Call Centre C) Book facility that allows users to book a visit appointment through the mobile application;

  • “Namaste Health” will ensure Users are provided direct video/audio connect you to the practitioner. “Namaste Health” has no liability if such video/audio call is not connected or cancelled by the Practitioner, or the same Practitioner is not available to receive video call.
  • If a User has utilized the telephonic services; “Namaste Health” reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
    • The results of any search Users perform on the Website/Mobile Application for Practitioners should not be construed as an endorsement by “Namaste Health” of any such particular Practitioner. If the User decides to engage with a Practitioner directly to seek medical services, the User shall be doing so at his/her own risk.
  • Without prejudice to the generality of the above, “Namaste Health” is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that “Namaste Health” will not be liable for:
  • User interactions and associated issues User has with the Practitioner;
  • the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
  • any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
  • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
  • any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
    • In case of no-show intimation, with your consent we will try to fix alternate schedule with same or another specialist doctor. 
    • Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, “Namaste Health” shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website/Mobile Application.

6. Selecting your Doctor or Healthcare Provider on the Website/Mobile Application: The Website/Mobile Application allows you to select and schedule appointments with doctors and health care providers registered with the Website/Mobile Application and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www.namastehealth.in While choosing your doctor or healthcare provider on the Website/Mobile Application, you understand and accept that:

6.1 You are ultimately responsible for choosing your own doctor or healthcare provider and “Namaste Health” shall not be held responsible or liable for the selection of such doctor or healthcare provider; and

6.2 “Namaste Health” will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to “Namaste Health” (such as area of specialty and geographical location). For certain specific Services, with your consent, “Namaste Health” may choose a doctor or healthcare provider on your behalf based on the nature of services you request and on the doctor or healthcare professional available to provide you with the clinical services for the same. Please note that “Namaste Health” (i) does not recommend or endorse any doctors or health care providers mentioned on the Website/Mobile Application; and (ii) does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. “Namaste Health” shall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the System or Services.

6.3 Information regarding doctors and health care providers and their practice information found on the Website/Mobile Application is intended for general reference purposes only. Such information found on the Website/Mobile Application is mainly self-reported by the doctor or the health care providers. Neither the Website/Mobile Application nor “Namaste Health” provides any advice or qualification certification about any particular doctor or healthcare providers. You are encouraged to independently verify any such information you see on the Website/Mobile Application with respect to a doctor or healthcare providers that you seek to make an appointment with.

7. No Professional Relationship of patient – doctor:

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website/Mobile Application (including information provided in direct response to your 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 “Namaste Health” and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We 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 Website/Mobile Application. We do not in any way endorse any individuals description provided on the Website/Mobile Application herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

8. No Medical Advice Provided:

Please note that we do not recommend or endorse any doctors, health care providers, procedures, opinions, or other Information that may appear on the Website/Mobile Application.

8.1 If you rely on any of the Information provided by the Site, you do so solely at your own risk. At the same time, it is understood that the information provided on the Website/Mobile Application are largely correct. But there may be unforeseen errors as well as the fact that there are very fast changes and developments in the medical field which might not have been updated on the Website/Mobile Application. Also, the opinions of different professionals may differ because medical science is not an exact science hence you have to visit the doctor of your choice to make an opinion.

8.2 The Information that you obtain or receive from “Namaste Health”, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website/Mobile Application is for informational and scheduling purposes only.

8.3 All medically related information comes from independent health care professionals and organizations which are registered with “Namaste Health” and to whom certain specific terms and conditions apply.

8.4 These terms and conditions can be accessed www.namastehealth.in The Information provided on the Website/Mobile Application and in any other communications from or provided through “Namaste Health” is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay in obtaining medical advice from a qualified healthcare professional and you should not rely on the advice that you may have obtained through the Website/Mobile Application.

8.5 Your use of Information provided on the Website/Mobile Application is solely at your own risk. Nothing stated or posted on the Website/Mobile Application or available through any Services is intended to be taken as the practice of medicine or the provision of medical care.

9. Collection of Paid Services Fees:

You understand that Doctor provides various services while some of these services are provided for free, there are certain services for which costs will be incurred by you, if you decide to avail such services (“paid services”). In that case, “Namaste Health” may provide billing services on behalf of the doctor or health care professional or any services/product suppliers. If you wish to avail those paid services, you acknowledge that “Namaste Health” will collect the payment for such paid services for and on behalf of the doctor or healthcare professional or any services/product suppliers providing such clinical services. You acknowledge and confirm that “Namaste Health” shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of such paid services, for any reason what so ever.

Cancellation and Refund Policy

  1. In the event that, the Practitioner with whom User has booked a paid appointment via the Website/Mobile Application, has not been able to meet the User, User will need to write to us at support@www.namastehealth.in within seven (7) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website/Mobile Application will be refunded to the User within the next thirty (30) business days.

In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded.  However, where cancellation charges have been levied (as charged by the Practitioner), you would not be entitled to complete refund even if you have cancelled beforehand.

  1. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

10. Clinical Support Information

Information that may be placed on the app by third parties which are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our app. You assume full risk and responsibility for the use of information you obtain from or through this app, and you agree that “Namaste Health” is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials on the app relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the services, and to make an independent determination of their suitability for your use.

  • “Namaste Health” Medicine and diagnostic support

The patients/Users where they need to get various tests done this can be done by our logistics partner/laboratory, who can also come to your doorstep, procure the samples and reports shall be provided to you by us online. To avail these paid services, you acknowledge that “Namaste Health” will collect the payment for such paid services for and on behalf of the vendor or partner/laboratory providing such clinical services. You acknowledge and confirm that “Namaste Health” shall not be liable for any claim, loss, or liability arising from the use of these services on account of such collection of the payments or for provision of such paid services, for any reason what so ever.

11. “Namaste Health” online Q&A platform

Guidelines for Practitioners:

  • Every Practitioner on the Q&A Platform must be qualified in the area of expertise that he/she represents as being his qualification.
  • The Q&A Platform is a platform for exchange of information which is of general in nature in a question and answer format. The Q&A Platform is not applicable for any emergency situations.
  • Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
  • It is expressly clarified that no doctor-patient relationship is established between you and Practitioner, in any manner whatsoever, by indulging in this Q&A.
  • The Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice.

The Practitioner is absolutely and expressly prohibited to:

  1. Provide a medical diagnosis;
    1. Issue a prescription; Only information and guidelines can be given. If the prescription is issued, it will entirely be on the responsibility of issuing doctor.
      1. Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
      1. Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
      1. Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;
      1. Promote content and activities which are illegal in nature;

In the event of any breach of above mentioned terms and conditions, the “Namaste Health” will take appropriate action. Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner.

12. “Namaste Health” medicine support

Ordering medicines online; the patients/Users our logistic partner shall provide you online medicine at your doorstep. To avail these paid services, you acknowledge that “Namaste Health” will collect the payment for such paid services for and on behalf of the vendor or partner for providing such services. You acknowledge and confirm that “Namaste Health” shall not be liable for any claim, loss, or liability arising from the use of these services on account of such collection of the payments or for provision of such paid services, for any reason what so ever. You acknowledge that your   prescription will be shared with the concerned vendor.

13. Limitations on Damages and Liability Limitations

13.1. You assume all responsibility and risk for your use of the Physician/Surgeon video call Services, and you hereby acknowledge and agree that your use of the Application and the Services is on an “as is” and “as available” basis.

13.2. You represent, warrant and agree that the views and suggestions expressed by “Namaste Health” under these Physician/Surgeon video call Services shall in no manner be construed by you as an endorsement of any such guidance and views by “Namaste Health”

13.3. You represent, warrant and agree that any and all guidance provided to you by “Namaste Health” physicians/surgeons shall depend in entirety on the accuracy of the description of the symptoms provided by you.

13.4. While “Namaste Health” agree to maintain the confidentiality of the information provided by you, you acknowledge and agree that the calls made by you during the course of services provided by Physician/Surgeon video call Services may be recorded for quality control purposes and for the purpose of maintaining a record of your health information.

13.5 Your acceptance of and compliance with the advice given by the medical Personnel shall be at your risk. In no event shall “Namaste Health”  (or any of their officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) be liable for any damages whatsoever resulting from or arising under or in connection with the Application or the Services or the use or access to, or the inability to use or access the Applications and/or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not “Namaste Health” is advised of the possibility of such damages.

13.6. You acknowledge and agree that you are not authorized by “Namaste Health” to provide medical advice to other persons based upon the advice you obtain from the Physician/surgeon video call Services and that you bear sole responsibility for the consequences of providing such advice to any such other persons.

14. Quality, Functionality and Connectivity Issues.

You acknowledge and agree that quality, functionality, connectivity and/or availability of the Physician/Surgeon of video call Services may be affected from time to time by circumstances within or outside of the control of “Namaste Health”.  You also acknowledge and agree that you, without any liability whatsoever, shall be entitled to refuse, limit, suspend, vary or disconnect the Physician/Surgeon video call Services at any time, for any reasonable cause, including, but not limited, to the following.

14.1. Any violation of applicable rules, regulations, orders, directions, notifications, conditions of License Agreements, etc., issued by any government/telecom or other regulatory authority.

14.2. during technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the systems/equipment.

14.3. to combat potential fraud, sabotage, wilful destruction, national security or for any other force majeure reasons.

14.4. Transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or availability of suitable cell Applications.

14.5. If Physician/surgeon video call Services are used in violation of any law, rule/regulation.

14.6. Any other reason which you, on your sole discretion, deems reasonable and which warrants limiting, suspension or disconnection of Physician/surgeon video call Service.

14.7. “Namaste Health” and its Personnel shall not be responsible for or obligated to provide call-back Physician/Surgeon video call Services in the event of a dropped call or any other interruption of service.

14.8 Because user authentication on the Internet is difficult, “Namaste Health” cannot and does not confirm that each user is who they claim to be.

14.9 Because “Namaste Health” does not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Applications, in the event that you have a dispute with one or more users, you release “Namaste Health” from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

15. Terms for Practitioners:

15.1 The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, “Namaste Health” shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/“Namaste Health” application/site;

15.2 The Practitioner understands and agrees that, “Namaste Health” shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.

15.3 The Practitioner has the discretion to cancel any consultation at any point of time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User (if any) and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.

15.4 The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed with utmost care.

15.5 The Practitioner acknowledges that if “Namaste Health” find the Practitioner to be in violation of any of the applicable laws/rules/regulations/guidelines set out by the authorities then “Namaste Health” shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.

15.6 If and When the payment gateway is launched, the payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, “Namaste Health” will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact  support@namastehealth.com

15.7 Practitioner-No-Show (Pr.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a practitioner, has not turned up for the confirmed appointment without cancelling, rescheduling, or informing the user who has booked an appointment on the Website/Mobile Application/mobile application using the Book Appointment facility in advance about the same. When user informs “Namaste Health” of the incident or marks a particular appointment as Pr.N.S. using the “Namaste Health”, within five (5) days of the scheduled appointment, an email and SMS (“Pr,N,S, Communication”) will be sent to the practitioner to confirm on the incident with reasons. Where the practitioner is not able to establish that the practitioner had a legitimate reason, for not showing up, “Namaste Health” shall be entitled to take actions. Every Pr.N.S. will be followed by refund to the User who has opt for online payment, which be debited from a practitioner’s account. After 3 Pr.N.S, the practitioner’s accountwith “Namaste Health” may be deemed as inactive and may be permanently deactivated in a state of repetitive incident.

15.8 It is further understood by the Practitioner that the information that is disclosed by the 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 User and Practitioner privilege.

15.9 The Practitioner understands that when a User books a time-slot with the Practitioner for video call or home visit, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User.

15.10 The Practitioner understands that “Namaste Health” makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold “Namaste Health” liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by “Namaste Health” .

15.11. It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that “Namaste Health” shall not be liable for any errors in the information included in any communication between the Practitioner and User.

15.12 It is advisable that the practitioners visiting patients at home should comply with the documentation requirements as applicable under respective medical laws for providing primary treatment/healthcare at home or elsewhere. Practitioners should carry their medical kits, prescription pads, or any other documents as may be required to be provided or acknowledged by the patient/their relative’s before/during/after the treatment. However, the practitioner shall indemnify and hold harmless “Namaste Health” and be solely responsible for the contents of any such documentation. “Namaste Health” shall not be held liable for the inaccuracy/ inadequacy/ incompleteness of any such documentation in any manner.

15.13 The Practitioner shall indemnify and hold harmless “Namaste Health”  and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.

15.14 The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner 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/ services being rendered.

16. Unauthorised Use.

Unauthorized use of the Application may give rise to a claim for damages and/or be a criminal offence.

17. Website/Mobile Application Links and “Namaste Health” right to display of ads, magazine and TV

17.1 From time to time this application may also include links to other Website/Mobile Applications. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website/Mobile Application(s). We have no responsibility for the content of the linked Website/Mobile Application(s).

17.2 The “Namaste Health” will also provide online magazines and TV services on the Website/Mobile Application.  Without prejudice to the status of other content, “Namaste Health” will not be liable for the accuracy of information or the claims made in the Sponsored ads, Magazines and TV.

17.3 You acknowledge and confirm that “Namaste Health” shall not be liable for the contents of the Magazines and TV and the contents can only be used for information.

18. “Namaste Health” TV/NEWS

18.1 “Namaste Health” TV/NEWS is an online content platform available on the Website/Mobile Application, wherein Practitioners who have created a “Namaste Health” profile and Users who have created a health account can login and post health and wellness related content

18.2 A User can use “Namaste Health” TV/NEWS by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Namaste Health’s servers. “Namaste Health” will make available to the User a gallery of images licensed by “Namaste Health” from a third party stock image provider (“Namaste Health” Gallery”). The User can upload their own images or choose an image from the “Namaste Health” Gallery. “Namaste Health” does not provide any warranty as to the ownership of the intellectual property in the “Namaste Health” Gallery and the User acknowledges that the User will use the images from the “Namaste Health” Gallery at their own risk. “Namaste Health” shall post such Content to “Namaste Health” TV/NEWS at its own option and subject to these Terms and Conditions. The Content uploaded via “Namaste Health” TV/NEWS does not constitute medical advice and may not be construed as such by any person.

18.3 The User acknowledges that they are the original authors and creators of any Content uploaded by them via “Namaste Health” TV/NEWS and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. “Namaste Health” 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 User agrees to absolve “Namaste Health” from and indemnify “Namaste Health” 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 “Namaste Health” TV/NEWS. The User may not use the images in the “Namaste Health” Gallery for any purpose other than those directly related to the creation and uploading of Content to “Namaste Health” TV/NEWS. The User also agrees to absolve “Namaste Health” from and indemnify “Namaste Health” against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the “Namaste Health” Gallery for his/her personal or commercial gain.

18.4 The user hereby assigns to “Namaste Health”, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via “Namaste Health” TV/NEWS.

18.5 “Namaste Health” shall have the right to edit or remove the Content and any comments in such manner as it may deem “Namaste Health” TV/NEWS at any time.

18.6The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and “Namaste Health” reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve “Namaste Health” from and indemnify “Namaste Health” against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on “Namaste Health” TV/NEWS.

18.7 A User may also use “Namaste Health” TV/NEWS in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.

18.8 User acknowledges that the Content on “Namaste Health” TV/NEWS reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of “Namaste Health”.

18.9 User agrees that the content they access on “Namaste Health” TV/NEWS does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve “Namaste Health” from and indemnify “Namaste Health” against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on “Namaste Health” TV/NEWS.

18.10 The User acknowledges that all intellectual property rights in the Content on “Namaste Health” TV/NEWS vests with “Namaste Health”. The User agrees not to infringe upon Namaste Health’s intellectual property by copying or plagiarizing content on “Namaste Health” TV/NEWS. “Namaste Health” reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on “Namaste Health” TV/NEWS will be the sole intellectual property of “Namaste Health”. The User agrees not to post any comments on “Namaste Health” TV/NEWS that violate the intellectual property of any other person. “Namaste Health” reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve “Namaste Health” from and indemnify “Namaste Health” 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 comment on “Namaste Health” TV/NEWS.

18.11 User agrees not to post any comments which are defamatory, obscene, and objectionable or in nature and “Namaste Health” reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve “Namaste Health” from and indemnify “Namaste Health” against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on “Namaste Health” TV/NEWS.

19. Amendments to this Agreement and Changes to Applications.

“Namaste Health” may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Applications (or as otherwise stated in the any notice of such changes). Any use of an Application will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Application. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Application any longer. Any new or different terms supplied by you are specifically rejected by “Namaste Health” unless “Namaste Health” agrees to them in a signed writing specifically including those new or different terms. “Namaste Health” may change the Applications at any time.

20. Indemnity.

You agree to defend, indemnify, and hold harmless “Namaste Health” (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Applications, your use of the Services or your breach of this Agreement. “Namaste Health” shall use reasonable efforts to provide your prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

“Namaste Health” reserves the rights to display sponsored ads on the Website/Mobile Application. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, “Namaste Health” will not be liable for the accuracy of information or the claims made in the Sponsored ads. “Namaste Health” does not encourage the Users to visit the Sponsored ads page or to avail any services from them. “Namaste Health” 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 “Namaste Health” accepts no liability for the same. Live magazines and TV will be displayed on the Website/Mobile Application for reference of the users in accordance with applicable laws and “Namaste Health” accepts no liability for the contents of magazines and TV on display.  

21. Payment Authorization-Fees and Purchase Terms.

21.1. By providing a credit card or other payment method accepted by “Namaste Health” (“Payment Method”), you are expressly agreeing that “Namaste Health” is authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. “Namaste Health” accepts Visa or MasterCard debit and credit cards for payment.

21.2. “Namaste Health” shall not trade with or provide any service to unauthorized users.

21.3. You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing “Namaste Health” with your credit or debit card number and associated payment information, you agree that “Namaste Health” is authorized to immediately invoice your account for all fees and charges due and payable to “Namaste Health” hereunder and that no additional notice or consent is required. You shall be required to retain a copy of transaction records and the policy document of “Namaste Health”. If your health plan, employer or agency has arranged with “Namaste Health” to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with “Namaste Health”, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or insurance provider to determine if any Services will be reimbursed.

21.4. Payment for upgrades will deducted from your credit or debit card on a pro rata basis.

21.5. You may pay for your Subscription fee only with credit and debit card payments. “Namaste Health” will charge your credit or debit card for your first Subscription Fee on the date that we process your order for your Subscription. Once your credit or debit card is charged the first Subscription Fee, “Namaste Health” will begin provisioning your account.

21.6 Once the payment is made, the confirmation notice will be sent to the you via email within 24 hours of receipt of payment.

21.7. If all payment methods submitted by you are declined for payment of your Subscription Fee, your Subscription will be cancelled. If you provide “Namaste Health” with new payment details and you are successfully charged, your Subscription Period will be based on the original renewal date and not the date of the successful charge.

21.8. If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. “Namaste Health” offers no guarantee that you shall receive any such reimbursement. “Namaste Health” reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

21.9. You shall be solely responsible to maintain the confidentiality of your bank accounts and “Namaste Health” shall not be liable for any kind of theft or misuse of the same or any loss or damage arising out of or in relation to the use of your account.

22. RECORDS:

22.1 It is your responsibility to keep your correct mobile number and email ID updated in the Records if any applicable. The Health Records (if any applicable) will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. “Namaste Health” is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with “Namaste Health”.

22.2 “Namaste Health” does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform “Namaste Health” of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@www.namastehealth.in

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, “Namaste Health” , 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, the Website/Mobile Application/mobile application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/Mobile Application/mobile application, lost business or lost End-Users in no event shall the “Namaste Health” be liable for:

  • provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website/Mobile Application/mobile application;
  • any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Website/Mobile Application/Mobile application;
  •  any unauthorized access to or alteration of your transmissions or data; or
  • any other matter relating to the Website/Mobile Application/Mobile application or the Service.
  • In no event shall “Namaste Health” has any liability to a User arising from this Agreement or a User’s use of the “Namaste Health” Website/Mobile Application/Mobile application or the Services.

23. RETENTION AND REMOVAL

23.1 “Namaste Health” may retain such information collected from Users from its Website/Mobile Application/Mobile application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Rules. Computer web server logs may be preserved as long as administratively necessary.

24. APPLICABLE LAW AND DISPUTE SETTLEMENT

24.1 You agree that this Agreement and any contractual obligation between “Namaste Health” and User will be governed by the laws of India.

24.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/Mobile Application/mobile application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by “Namaste Health”. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

24.3 Subject to the above Clauses above, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/Mobile Application/mobile application or the Services or the information to which it gives access.

25. CONTACT INFORMATION GRIEVANCE OFFICER

25.1 If a User has any questions concerning “Namaste Health” , the Website/Mobile Application/Mobile application, this Agreement, the Services, or anything related to any of the foregoing, “Namaste Health”  customer support can be reached at the following email address: support@namastehealth.com or via the contact information available from the following hyperlink: www.namastehealth.com.

25.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/Mobile Application/mobile application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our team at support@namastehealth.com.

26. 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; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

27. 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 “Namaste Health”. Any consent by “Namaste Health” to, or a waiver by “Namaste Health” of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

28. DND policy

*I/you agree to be contacted by “Namaste Health” over phone and email. I/you do not have any objection to receiving emails, messages (SMS or any other mode) and calls from “Namaste Health”. This consent shall supersede any preferences set through Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).

29. Ownership

The all Contents and rights therein, are and shall remain Namaste Health’s property. Neither these Terms nor your use of the “Namaste Health” App convey or grant to you any rights to use or reference in any manner “Namaste Health”

You agree to indemnify and hold “Namaste Health” (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses. 

30. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Specific terms of user agreement applicable to “User Patient”:

(In Addition to general terms of agreement and other conditions mentioned above additional and specific terms listed for User Patient)

Authorized Physicians/Surgeon

All physicians/surgeon providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Physician”) are independent, regulated health care professionals registered to practice medicine in India. Authorized Doctors alone are responsible for the Healthcare Services and Informational Services they provide through the Authorized Physicians/surgeon.

Services offered to patient:

The services that is available to you through the “Namaste Health”:

  1. consulting a doctor through video connect system or online help by the doctor;
  2. Doctor appointment bookings;
  3. Ordering medicines online;
  4. booking diagnostic tests and health check-ups and other support services for human healthcare;

The services that are available to you through the “Namaste Health” depend on your province of residence and the location you are in at the time you request the services.

Do’s and Don’ts for patients

• This is a medical app. The specialist doctors are giving you tele guidance fee of cost so that you are saved of hassles of payment especially in emergency. Please be courteous to the doctor at the time of video call.  But You will be required to pay to the doctor once you consult the doctor physically.

• Please try and understand the logic of guidance of the doctor and clarify your doubts clearly and calmly.

• Please understand that Video connect is very good but is not a substitute for clinical personal examination by the doctor. After the video consultation, meet the doctor as discussed and let him or his team take the final decision. You will be a part of the decision making all throughout.

• On Video consultations the doctors can advise you only some medicines which are allowed to be prescribed on phone or some life saving measures. They can give guidance in good faith in order to save a patient’s life /help. For anything more, you will have to visit the specialist doctor and let him/her examine the patient.  Any such guidance by the doctor is not challengeable in court.

• Such video-connects are within this ambit are medico-legally permitted. Please do not expect prescription on the phone.

Threatening a medical person on phone or otherwise is an offence under Indian Penal code. Please refrain from doing it.

• It is best interest of the patient as well as the doctor to come on the same wave length for best treatment. Please speak without panicking and clearly.

Only the video consultation is free.  All the other charges payable to the doctor at the hospital or doctor’s clinic will have to be paid by the patient. “Namaste Health” is not a party to such a dispute.

“Namaste Health” has taken all due care to verify the credentials of the doctors through the medical registry and the associations of the specialists. We are only a facilitator and not actual treatment providers. All the disputes relating to the patient care or otherwise, if ever arises, will be between the patient, hospital or the doctor. “Namaste Health” is not medico-legally responsible for the outcome of the patient.

Specific terms of user agreement applicable to “User Doctor”:

(In Addition to general terms of agreement and other conditions mentioned above additional and specific terms listed for User Doctor)

The individual doctor/consultant agrees and declares: I Doctor/Consultant (hereinafter referred to as the “Doctor” or “Consultant”) agrees and confirms to terms of use for use of platform (website/mobile application/call centre) of “NAMASTE HEALTH”. I also confirm and accept, terms of use as may be updated by “NAMASTE HEALTH” and notified to me unless I communicate my divergence in writing. Indiradev is in the business of providing IT infrastructure solutions and provides services to its customers.  Indiradev has set up a website/mobile application in the name of “NAMASTE HEALTH” (“Website”/“App”), which allows the user patient to search and connect with doctor/hospital. By this Indiradev offers real-time search, connect and support services to its users. Doctor/Consultant is qualified doctor providing healthcare services, patient care under OPD, IPD, diagnostics services, life support, maternity and childcare and other health care services etc. to the human healthcare. To enhance its services offerings thru quick connect and sharing information Doctor/Consultant wants to avail subscription and support services from “NAMASTE HEALTH”.

1. TERMS AND NATURE OF THE SERVICE AGREEMENT

1.1 My confirmation would be effective from the date I share my consent online using my log-in credentials on “NAMASTE HEALTH” and would be valid through the period I continue register on the platform. For internal control purposes the Agreement shall be considered as valid for the period of ONE YEAR. For on boarding, extension of 7-Daysis considered at the first instance of starting the services. At end of validation period agreement would be considered as renewed automatically unless communicated by Doctor/Consultant otherwise. The service period validation would be effective till communication by Doctor/Consultant to discontinue the services or cancellation of its  presence on www.namastehealth.in  whichever is earlier.

1.2 Services offered by “NAMASTE HEALTH” are purely based on search/inquiry, services to connect patient/doctor and Doctor/Consultant would provide quick connectivity. The technology functionality is based on pull technology and should not be considered for solicitation of patient/ revenue/ business by the doctors/hospital. “NAMASTE HEALTH” does not provide any assurance/guarantee in whatever manner to bring business nor its performance can be reviewed to any measurable matrix of performances like no of calls/leads/transactions/revenue etc.

1.3 While “NAMASTE HEALTH” offers its services as IT product and infrastructure, the product/ infrastructure may have limitations due to dependency on various technical and non-technical factors. Doctor/Consultant understands and accepts such limitations and considers such limitations as inevitable and will have no claim for damages/compensation to any disruption/shortfall/under delivery of the services.

1.4 “NAMASTE HEALTH” does not have feature to display user ratings/review etc. on its website/application. Further, “NAMASTE HEALTH” does not provide rating/review based on its own assessment to any Hospital/Doctor/Any other service providers. User may share independent review or experience over other social media and communication platforms, “NAMASTE HEALTH” would not be responsible for any such action or inaction of the user. Hospital/Doctor would carry sole responsibility to address any such instances as may be considered without “NAMASTE HEALTH” being party to the same.

1.5 Neither “NAMASTE HEALTH” /Hospital/Users/Associates will represent any of them as agent or employee. Both the parties understand that this is purely service contract on principal to principal basis.

2. SERVICE AGREEMENT AND CONFIRMATIONS TO TERMS OF USE

Doctor/Consultant desires to list on “NAMASTE HEALTH” platform (website/mobile application/call centre), Doctor/Consultant understand the operational use of the platform for connect to patient/hospital and for other healthcare service requirements. Product presentation, operational video has been shared and shared with them, queries raised on presentation has been satisfactorily addressed by the “NAMASTE HEALTH”. Further for any inquiry or user support you can connect “NAMASTE HEALTH” on docpartner@www.namastehealth.in and contact numbers +91 90191 00555, +91 9664539774.

Broad list of service offerings by “NAMASTE HEALTH” product/application to Doctor/Consultant:

  1. Listing of the Doctor/Consultant on “NAMASTE HEALTH” and link under standard search criteria under user application;
  2. Doctor/Consultant mobile application facilitates quick connect with Doctor and Patient including video call connect facility;
  3. 24X7 call centre support by “NAMASTE HEALTH” for operational purposes;

Confirmations and Commitment by Doctor/Consultant:

2.1 That during the term of service agreement, the Doctor/Consultant shall be listed on the “NAMASTE HEALTH” Website/Application and the Doctor/Consultant shall perform all related services thereto (“Services”). The Services shall include, but not be limited to the following:

a) Honouring appointments that have been made on the Website/Application. Confirmation for availability of facilities, would be considered as acceptance and offering of the services;

b) Doctor/Consultant will ensure his/her availability for online/offline video calling or/and consultations or any other services generally offered by Doctor/Consultant;

c)If the Doctor/Consultant is associated/employee of the Hospital or if the Hospital has registered/linked the doctor for specific service offerings through website/application. It is imperative to check and update of the website/application on every occasion when update is released for the application and notified to Doctor/Consultant through email or any other means of communication. If Doctor/Consultant has any objection on updates/display or information published Doctor/Consultant is required to communicate over email to “NAMASTE HEALTH” at docpartner@www.namastehealth.in in case where no communication is received in this regards it would be considered as consent received with no objection;

d) Rendering sound medical advice and treatment to the users of the Website/Application, complying with all regulatory and ethical practices;

e) Providing online consultation/prescription (tele-consultation/tele-prescription) only when consented by both patients and doctor.

f) The concerned Doctor/Consultant will adhere to the directives of the Medical council of his/her state in letter and spirit (Refer to the website/guidelines of state and Indian medical council). Any failure to adhere to the guidelines offered by the medical council of India will be the sole responsibly of the practitioner Doctor/Consultant.

2.2 During the term of agreement, Doctor/Consultant hereby agrees not to act/engage in any activity which can be considered as intend act harmful to the patient connected through the website/application. Which affects the service offering by the website/application to other stakeholders and as a result damages or have negative impact on the brand/loyalty/goodwill of the “NAMASTE HEALTH” or its employees or other associates etc. In no circumstances the Doctor/Consultant should act in any manner which can cause or result in a conflict of interest with the duties and responsibilities under this Agreement.

3. RIGHTS AND OBLIGATIONS OF THE DOCTOR/CONSULTANT

3.1 Services in General:

a. Doctor/Consultant shall at all times provide prompt and efficient Services to the satisfaction of the patient/hospital and others.

b. The Doctor/Consultant shall during the term of service agreement, honestly, diligently and faithfully advise /serve the users of the “NAMASTE HEALTH” which could be patient/hospital and others. 

c. If on its own assessment “NAMASTE HEALTH” reasonably believes that the Doctor/Consultant is failing to render the services in accordance with this Agreement or fails to offer services under best practices and code of conduct for  Human Healthcare, the “NAMASTE HEALTH” may order the Doctor/Consultant to stop the said Services or all of the services offered until such time as the cause for such stop order has been eliminated to the satisfaction of “NAMASTE HEALTH”. To enforce the same on immediate basis “NAMASTE HEALTH” have all the rights to discontinue the Doctor/Consultant listing with immediate effect on its own action, without any prior intimation to the Doctor/Consultant. Doctor/Consultant agrees and accepts that any such action would be considered necessary and acceptable and considered reasonable action by “NAMASTE HEALTH”. Doctor/Consultant will have no grounds to claim any compensation for loss of business opportunity or any other claim for compensation.

d. Doctor/Consultant shall take all measures necessary to ensure secrecy and confidentiality of confidential and proprietary information of the “NAMASTE HEALTH” its subscribers/patients/associates etc. Doctor/Consultant should take similar care of such data and information as it generally takes of its own data and other patient information.

e. At all times it shall be the duty and responsibility of the Doctor/Consultant, to obtain, maintain and sustain high integrity and take care of the patients with high quality and standard of its services. The Doctor/Consultant shall have all statutory other operational licenses, permits or approvals of the concerned authorities as per the existing laws of India. Further, explained under Annexure-A forming part of the agreement.

3.2 Maintaining Records Regarding Services:

a. Doctor/Consultant shall maintain complete and accurate records with all supporting documents. The privacy of the data will be responsibility of the Doctor/Consultant and any claims thereon will be responsibility of the Doctor/Consultant and under no circumstance Doctor/Consultant can hold “NAMASTE HEALTH” responsible for the same.

3.3 Responsibility for medical advice and treatments rendered to the patient:

a. The Doctor/Consultant would be using its own resources and infrastructure to attain and treat the patient under no circumstances Doctor/Consultant will have right to bind the “NAMASTE HEALTH” as a party to healthcare service provider in any manner;

b. Notwithstanding anything elsewhere; the Doctor/Consultant understands that it alone stands responsible for its infrastructure and facilities, the “NAMASTE HEALTH” shall not bear or have any responsibility or liability with respect to the same.

c. The “NAMASTE HEALTH” shall not be responsible for any negligence or misconduct of the Doctor/Consultant and its employees for any accident, injury or damage sustained or suffered by any patient connected through “NAMASTE HEALTH” or any third party resulting from or by any operation conducted by and on behalf of the Doctor/Consultant or in the course of doing its work or perform their duties under this Agreement or otherwise.

d. In cases where the Doctor/Consultant is required to notify required details to the Government or any authority, Doctor/Consultant should comply with the same and also share the submission with “NAMASTE HEALTH”. In case of any notices or default by Doctor/Consultant on any licensing or other non-compliances to the same should be should be brought to immediate attention of “NAMASTE HEALTH”, not sharing such information would be considered as willful act by Doctor/Consultant to hide the material information form parties and other stakeholders. 

e. If the Doctor/Consultant gets wound-up or partnership is dissolved or any such material action of change in management or controls etc. the Doctor/Consultant should intimate to the “NAMASTE HEALTH” at the earliest instance with detail note on continuation of business, on its own assessment “NAMASTE HEALTH” shall have right to terminate the Agreement or initiate stop services. The termination of Agreement shall not relieve the Doctor/Consultant or their heirs and legal representatives from the liability in respect of the services provided by the Doctor/Consultant during the period of the Agreement in force.

f. The Doctor/Consultant shall bear all expenses incidental to the preparation and stamping of this agreement.

3.4 DOCTOR/CONSULTANTS’S INTEGRITY AND OBLIGAITONS DURING AGREEMENT PERIOD

The Doctor/Consultant is responsible for and obliged to conduct all contracted activities in accordance with the Agreement using state-of-the-art methods and economic principles and exercising all means available to achieve the performance specified in the Agreement. The Doctor/Consultant is obliged to act within its own authority and abide by the directives issued by the MCI or any other Statutory/Govt. Authority. The Doctor/Consultant is responsible for managing the activities of its personnel/staff and shall hold itself responsible for their negligence, misconduct or deficiency in services, if any.

4. RIGHTS AND OBLIGATIONS OF THE “NAMASTE HEALTH”

4.1 “NAMASTE HEALTH” to Have the Right to Enter into Similar Arrangements:

a. “NAMASTE HEALTH” shall always be entitled to enter into any arrangement similar to this Agreement or any part thereof with any other party at any time even while this Agreement is continuing and the Doctor/Consultant unequivocally agrees to that.

4.2 Recording of all communication through “NAMASTE HEALTH” platform:

All communication between User-Patient/Doctor/Consultant/Hospital/Call Centre would be recorded at “NAMASTE HEALTH” database. “NAMASTE HEALTH” will maintain full data privacy under protected environment, User-Patient/Doctor/Consultant/Hospital will have no rights to claim or retrieve any part of this data. However, the data would be made available when claimed by any authority or court of law. Under the circumstances “NAMASTE HEALTH” will intimate to parties involved if found appropriate to do so.

5. CONFIDENTIALITY

5.1 Doctor/Consultant acknowledges that this Agreement creates a confidential relationship between Doctor/Consultant and “NAMASTE HEALTH”. That confidential relationship is the basis on which the “NAMASTE HEALTH” may disclose “NAMASTE HEALTH”’s commercially valuable, proprietary, confidential information to Doctor/Consultant. Such information shall be a trade secret of “NAMASTE HEALTH”. Doctor/Consultant shall hold such information in strict confidence, and shall neither disclose the same to any third party nor use it for purposes other than providing Services under this Agreement. Doctor/Consultant shall safeguard all material, whether written or otherwise, which “NAMASTE HEALTH” supplies to Doctor/Consultant and shall not copy or duplicate such materials, without prior written approval/consent by “NAMASTE HEALTH”.

5.2 The Doctor/Consultant acknowledges that unauthorized disclosure of information/documents of the “NAMASTE HEALTH” will cause loss to the “NAMASTE HEALTH” and the Doctor/Consultant further agrees that breach of this provision entitles the “NAMASTE HEALTH” to take legal action for recovering loss/compensation.

5.3 The contents of the Agreement shall be deemed to be confidential.

6. TERMINATION

6.1 “NAMASTE HEALTH” has the right to extend this Agreement for further periods on the terms and conditions as will be mutually agreed upon, as per sub clause 1.1 of Clause 1 above. The “NAMASTE HEALTH” shall have the right to terminate the Contract forthwith, without giving any prior notice, in case of any non-compliances / statutory violation.

6.2 This agreement may be terminated by either side, by giving 7-Days notice or subscription fees in lieu thereof “NAMASTE HEALTH” would deactivate the Doctor/Consultant as user.8.

REPRESENTATION AND WARRANTIES

7.1 Doctor/Consultant represents and warrants to the “NAMASTE HEALTH” that;

a. This Agreement creates a binding and legally enforceable Agreement on the Doctor/Consultant and the Doctor/Consultant has the requisite rights, powers and titles to grant and convey to “NAMASTE HEALTH”

b. Doctor/ Consultant should honour/shall provide Service(s) to the patient from “NAMASTE HEALTH” with due care and diligence and within specified timeline.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 The Doctor/Consultant understands and agrees that nothing herein shall give him any rights, to use or otherwise, title or interest whatsoever in the intellectual property or the goodwill attached to the Website.

8.2 Without the “NAMASTE HEALTH”’s prior written approval, the Doctor/Consultant shall not publish or use any advertising, sales promotion or publicity matter relating to the Agreement and/or the “NAMASTE HEALTH”.

9. INDEMNIFICATION

9.1 Doctor/Consultant shall indemnify, defend and hold “NAMASTE HEALTH” harmless from all actions, proceedings, complaints, claims, damages, demands, liabilities, costs, expenses, etc. arising out of or in relation with:

a. any violation of confidentiality obligations regarding maintaining the data of the patient;

b. any form of medical negligence;

c. any violation of the intellectual property rights of the “NAMASTE HEALTH”;

d. any act of wilful misconduct, gross negligence by the Doctor/Consultant and/or its employees;

e. any statutory violation of any law of India;

f. any other act which may have any form of legal impact on the “NAMASTE HEALTH”;

10. GENERAL TERMS

10.1 Amendment: The Agreement cannot be amended except by a written instrument duly executed by both the Parties.

10.2 Assignment: The Agreement shall not be assigned or transferred, in whole or part, by the Doctor/Consultant, without the prior written consent of the “NAMASTE HEALTH”.

10.3 Notices: Any notice under the Agreement must be in writing, and may be sent by registered post or courier or may be served through email addressed to the parties. The Doctor/Consultant shall forthwith advise the “NAMASTE HEALTH” of any change in its address.

10.4 Force Majeure: The Parties shall not be liable for performing their obligations contemplated here in the event of the occurrence of any unforeseen occurrences due to adverse change in laws, event of vandalism and public unrest or unforeseen events like fire, floods, act of war and god. 

10.5 Survival: The Parties hereby agree that all the provisions relating to warranty including intellectual property warranty, indemnity and confidentiality shall survive after termination of the Agreement as well.

10.6Severability: The Parties hereby agree to attempt to substitute any invalid or unenforceable provision with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

10.7Governing Law and Jurisdiction: The Agreement shall be construed, interpreted and applied in accordance with and shall be governed by the laws applicable in India and the courts at Mumbai shall have the exclusive jurisdiction. 

ANNEXURE – A (Forming part of the agreement and consent)

The Doctor/Consultant shall:

  1. https://www.namastehealth.in

Specific terms of user agreement applicable to “User Hospital”:

(In Addition to general terms of agreement and other conditions mentioned above additional and specific terms listed for User Hospital)

Hospital having all requisite licenses and operating from location compliant with all regulatory requirements, laws, guidelines, directives and ethical and professional norms. The owned and management entity are all legally formed and have all legal rights to own/operate business. All offices of the hospital including administrative/registered offices will be part of the business unit (hereinafter referred to as the “Hospital”) will be considered as associated with ““NAMASTE HEALTH””.

WHEREAS:

  1. Indiradev is in the business of providing IT infrastructure solutions and provides services to its customers.  Indiradev has set up a website/mobile application in the name of “NAMASTE HEALTH” (“Website” / “App”), which allows the user patient to search and connect with doctor/hospital. By this Indiradev offers real-time search, connect and support services to its users.
  2. Hospital is in the business of healthcare services, providing patient care under OPD, IPD, diagnostics services, life support, maternity and childcare and other health care services etc. to the human healthcare. To enhance its services offerings thru quick connect and sharing information hospital wants to avail subscription and support services from “NAMASTE HEALTH”.

NOW THEREFORE THE PARTIES HERETO AGREE AND THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. TERM AND NATURE OF THE AGREEMENT

1.1 The Agreement shall be valid for initial period of ONE YEAR as stated above. For onboarding, extension of 7-Days is considered at the first instance of starting the services. At end of validation period agreement would be considered as renewed automatically unless communicated by Hospital otherwise. The service period validation would be effective till communication by Hospital to discontinue the services or cancellation of its presence on www.namastehealth.in whichever is earlier. However, subscription fees would be considered due for period or part thereof of the half year, the half yearly cycle would be April-September and October-March of the relevant period. Period falling with-in the part of the half yearly period the services would be considered as availed for the reference Half Yearly period. Annual subscription fees would be accrued and payable in advance for the year on each renewal. Both the parties can decide to consider subscription renewal for longer period exceeding one year.

For the current sign-off where “NAMASTE HEALTH” is in the process to launch its services to its users like patient/doctors/hospital the subscription period would be considered started from the date of launch of its services. “NAMASTE HEALTH” will communicate the date of launch of services to Hospital over email.

1.2 Services offered by “NAMASTE HEALTH” are purely based on search/inquiry, services to connect patient/doctor and hospital would provide quick connectivity. The technology functionality is based on pull technology and should not be considered for solicitation of patient/ revenue/ business by the doctors/hospital.  “NAMASTE HEALTH” does not provide any assurance/guarantee in whatever manner to bring business nor its performance can be reviewed to any measurable matrix of performances like no of calls/leads/transactions/revenue etc.

1.3 While “NAMASTE HEALTH” offers its services as IT product and infrastructure, the product/ infrastructure may have limitations due to dependency on various technical and non-technical factors. Hospital understands and accepts such limitations and considers such limitations as inevitable and will have no claim for damages/compensation to any disruption/shortfall/under delivery of the services.

1.4 “NAMASTE HEALTH” does not have feature to display user ratings/review etc. on its website/application. Further, “NAMASTE HEALTH” does not provide rating/review based on its own assessment to any Hospital/Doctor/Any other service providers. User may share independent review or experience over other social media and communication platforms, “NAMASTE HEALTH” would not be responsible for any such action or inaction of the user. Hospital/Doctor would carry sole responsibility to address any such instances as may be considered without “NAMASTE HEALTH” being party to the same.

1.5 Neither “NAMASTE HEALTH”/Hospital /Users/Associates will represent any of them as agent or employee. Both the parties understand that this is purely service contract on principal to principal basis.

1.6 For its own benefit and to demonstrate the services offerings by the Hospital; the Hospital may provide following information with “NAMASTE HEALTH” or and update the same on continuous basis to maintain it more relevant in real-time environment. – When provided the details of which will be considered as updating to the agreement as Annexure – A to this agreement.

1.7 For all operational purposes the Hospital should designate/assign following Doctors/Staff:

  1. For all operational purposes with “NAMASTE HEALTH”, one-point contact person.
  2. Mobile No on which “NAMASTE HEALTH” Mobile Application would be active and attained at Helpdesk/Reception or Casualty department.

To show up the hospital available to the inquiry, the “NAMASTE HEALTH” Mobile application should be live and active at all the time 24X7 or during the operational hours of the Hospital and response to inquiry should be quick.

2. ARRANGEMENT

Representative of “NAMASTE HEALTH” demonstrated application/product features to representatives/ team members of the Hospital. Product presentation, operational video has been shared and shared with them, queries raised on presentation has been satisfactorily addressed by the “NAMASTE HEALTH”. Further for any inquiry or user support you can connect “NAMASTE HEALTH” on docpartner@www.namastehealth.in and contact numbers +91 90191 00555, +91 9664539774.

Broad list of service offerings by “NAMASTE HEALTH” product/application to Hospital:

  1. Listing of the hospital on “NAMASTE HEALTH” and link under standard search criteria under user application;
  2. Hospital mobile application facilitates quick connect with Doctor and Patient including video call connect facility;
  3. Listing of the hospital infrastructure and treatments offerings etc.;
  4. 24X7 call center support by “NAMASTE HEALTH” for operational purposes;
  5. Sharing details of video connect data of Drs. attached full time with Hospital and registered only under Hospital;

Confirmations and Commitment by Hospital:

2.1 That during the term of service agreement, the Hospital shall be listed on the “NAMASTE HEALTH” Website/Application and the Hospital shall perform all related services thereto (“Services”). The Services shall include, but not be limited to the following:

a) Honoring appointments that have been made on the Website/Application. Confirmation for availability of facilities, would be considered as acceptance and offering of the services;

b) Hospital will ensure that doctor or specialist will be available for online/offline video calling or/and consultations or any other services generally offered by Hospital;

c) If the doctor associated is an employee of the Hospital or the Hospital has registered/linked the doctor for specific service offerings through website/application. It is imperative to check and update of the website/application on every occasion when update is released for the application and notified to Hospital through email or any other means of communication. If Hospital has any objection on updates/display or information published Hospital is required to communicate over email to “NAMASTE HEALTH” at docpartner@www.namastehealth.in and contact numbers +91 90191 00555, +91 9664539774 in case where no communication is received in this regards it would be considered as consent received with no objection;

d) Rendering sound medical advice and treatment to the users of the Website/Application, complying with all regulatory and ethical practices;

e) Providing online consultation/prescription (tele-consultation/tele-prescription) only when consented by both patients and doctor.

f) The concerned doctor will adhere to the directives of the Medical council of his/her state in letter and spirit (Refer to the website/guidelines of state and Indian medical council). Any failure to adhere to the guidelines offered by the medical council of India will be the sole responsibly of the practitioner Doctor.

2.2 During the term of agreement, Hospital hereby agrees not to act/engage in any activity which can be considered as intend act harmful to the patient connected through the website/application. Which affects the service offering by the website/application to other stakeholders and as a result damages or have negative impact on the brand/loyalty/goodwill of the “NAMASTE HEALTH” or its employees or other associates etc. In no circumstances the Hospital should act in any manner which can cause or result in a conflict of interest with the duties and responsibilities under this Agreement.

3. RIGHTS AND OBLIGATIONS OF THE HOSPITAL

3.1 Services in General:

a. Hospital shall at all times provide prompt and efficient Services to the satisfaction of the patient/doctors and others.

b. The Hospital shall during the term of service agreement, honestly, diligently and faithfully advise /serve the users of the “NAMASTE HEALTH” which could be patient/doctors and others. 

c. If on its own assessment “NAMASTE HEALTH” reasonably believes that the Hospital is failing to render the services in accordance with this Agreement or fails to offer services under best practices and code of conduct for Human Healthcare, the “NAMASTE HEALTH” may order the Hospital to stop the said Services or all of the services offered until such time as the cause for such stop order has been eliminated to the satisfaction of “NAMASTE HEALTH”. To enforce the same on immediate basis “NAMASTE HEALTH” have all the rights to discontinue the Hospital listing with immediate effect on its own action, without any prior intimation to the Hospital. Hospital and its owners/management agrees and accepts that any such action would be considered necessary and acceptable and considered reasonable action by “NAMASTE HEALTH”. Hospital and its owners/management will have no grounds to claim any compensation for loss of business opportunity or any other claim for compensation.

d. Hospital shall take all measures necessary to ensure secrecy and confidentiality of confidential and proprietary information of the “NAMASTE HEALTH” its subscribers/patients/associates etc. Hospital should take similar care of such data and information as it generally takes of its own data and other patient information.

e. At all times it shall be the duty and responsibility of the Hospital, to obtain, maintain and sustain the valid Accreditations, recognition and high quality and standard of its services and healthcare and to have all statutory other operational licenses, permits or approvals of the concerned authorities under or as per the existing laws as required to validly operate its activities and services offerings.

3.2 Maintaining Records Regarding Services:

a. Hospital shall maintain complete and accurate records with all supporting documents. The privacy of the data will be responsibility of the hospital and any claims thereon will be responsibility of the hospital and under no circumstance hospital can hold “NAMASTE HEALTH” responsible for the same.

3.3 Responsibility for medical advice and treatments rendered to the patient:

a. The Hospital would be using its own resources and infrastructure to attain and treat the patient under no circumstances Hospital will have right to bind the “NAMASTE HEALTH” as a party to healthcare service provider in any manner;

b. Notwithstanding anything elsewhere; the Hospital understands that it alone stands responsible for its infrastructure and facilities, the “NAMASTE HEALTH” shall not bear or have any responsibility or liability with respect to the same.

c. The “NAMASTE HEALTH” shall not be responsible for any negligence or misconduct of the Hospital and its employees for any accident, injury or damage sustained or suffered by any patient connected through “NAMASTE HEALTH” or any third party resulting from or by any operation conducted by and on behalf of the Hospital or in the course of doing its work or perform their duties under this Agreement or otherwise.

d. In cases where the Hospital is required to notify required details to the Government or any authority, hospital should comply with the same and also share the submission with “NAMASTE HEALTH”. In case of any notices or default by Hospital on any licensing or other non-compliances to the same should be should be brought to immediate attention of “NAMASTE HEALTH”, not sharing such information would be considered as willful act by Hospital to hide the material information form parties and other stakeholders. 

e. If the hospital gets wound-up or partnership is dissolved or any such material action of change in management or controls etc. the Hospital should intimate to the “NAMASTE HEALTH” at the earliest instance with detail note on continuation of business, on its own assessment “NAMASTE HEALTH” shall have right to terminate the Agreement or initiate stop services. The termination of Agreement shall not relieve the hospital or their heirs and legal representatives from the liability in respect of the services provided by the Hospital during the period of the Agreement in force.

f. The Hospital shall bear all expenses incidental to the preparation and stamping of this agreement.

3.4 HOSPITAL’S INTEGRITY AND OBLIGAITONS DURING AGREEMENT PERIOD

The Hospital is responsible for and obliged to conduct all contracted activities in accordance with the Agreement using state-of-the-art methods and economic principles and exercising all means available to achieve the performance specified in the Agreement. The Hospital is obliged to act within its own authority and abide by the directives issued by the MCI or any other Statutory/Govt. Authority. The Hospital is responsible for managing the activities of its personnel and shall hold itself responsible for their misdemeanors, negligence, misconduct or deficiency in services, if any.

3.5 TREATMENT IN EMERGENCY

Under emergency the hospital shall not refuse treatment to bonafied patients connected through “NAMASTE HEALTH”; as per guidelines of Govt. of India or State Govt. or any other authority. For any non-compliances on managing emergency cases by the Hospital, “NAMASTE HEALTH” will not be responsible for any non-compliances.

4. RIGHTS AND OBLIGATIONS OF THE “NAMASTE HEALTH”

4.1 “NAMASTE HEALTH”  to Have the Right to Enter into Similar Arrangements:

a. “NAMASTE HEALTH”  shall always be entitled to enter into any arrangement similar to this Agreement or any part thereof with any other party at any time even while this Agreement is continuing and the Hospital unequivocally agrees to that.

4.2 Recording of all communication through “NAMASTE HEALTH” platform:

All communication between User-Patient/Doctor/Consultant/Hospital/Call Centre would be recorded at “NAMASTE HEALTH” database. “NAMASTE HEALTH” will maintain full data privacy under protected environment, User-Patient/Doctor/Consultant/Hospital will have no rights to claim or retrieve any part of this data. However, the data would be made available when claimed by any authority or court of law. Under the circumstances “NAMASTE HEALTH” will intimate to parties involved if found appropriate to do so.

5. CONSIDERATION

Consideration for services offerings and licensing fees would be communicated separately by “NAMASTE HEALTH”.In case if the user does not agree to the terms offered “Namaste Health” can choose to discontinue of the services or listing without providing any explanation or reason for its action.

6. CONFIDENTIALITY

6.1 Hospital acknowledges that this Agreement creates a confidential relationship between Hospital and “NAMASTE HEALTH”. That confidential relationship is the basis on which the “NAMASTE HEALTH” may disclose “NAMASTE HEALTH”’s commercially valuable, proprietary, confidential information to Hospital. Such information shall be a trade secret of “NAMASTE HEALTH”. Hospital shall hold such information in strict confidence, and shall neither disclose the same to any third party nor use it for purposes other than providing Services under this Agreement. Hospital shall safeguard all material, whether written or otherwise, which “NAMASTE HEALTH” supplies to Hospital and shall not copy or duplicate such materials, without prior written approval/consent by “NAMASTE HEALTH”.

6.2 The Hospital acknowledges that unauthorized disclosure of information/documents of the “NAMASTE HEALTH” will cause loss to the “NAMASTE HEALTH” and the Hospital further agrees that breach of this provision entitles the “NAMASTE HEALTH” to take legal action for recovering loss/compensation.

6.3 The contents of the Agreement shall be deemed to be confidential.

7. TERMINATION

7.1 “NAMASTE HEALTH” has the right to extend this Agreement for further periods on the terms and conditions as will be mutually agreed upon, as per sub clause 1.1 of Clause 1 above. The “NAMASTE HEALTH” shall have the right to terminate the Contract forthwith, without giving any prior notice, in case of any non-compliances / statutory violation.

7.2 This agreement may be terminated by either side, by giving 15 Days notice or subscription fees in lieu thereof.

8. REPRESENTATION AND WARRANTIES

8.1 Hospital represents and warrants to the “NAMASTE HEALTH” that;

a. This Agreement creates a binding and legally enforceable Agreement on the Hospital and the Hospital has the requisite rights, powers and titles to grant and convey to “NAMASTE HEALTH”

b. Hospital should honor/shall provide Service(s) to the patient from “NAMASTE HEALTH” with due care and diligence and within specified timeline.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 The Hospital understands and agrees that nothing herein shall give him any rights, to use or otherwise, title or interest whatsoever in the intellectual property or the goodwill attached to the Website.

9.2 Without the Company’s prior written approval, the Hospital shall not publish or use any advertising, sales promotion or publicity matter relating to the Agreement and/or the “NAMASTE HEALTH”.

10. INDEMNIFICATION

10.1 Hospital shall indemnify, defend and hold “NAMASTE HEALTH” harmless from all actions, proceedings, complaints, claims, damages, demands, liabilities, costs, expenses, etc. arising out of or in relation with:

a. any violation of confidentiality obligations regarding maintaining the data of the patient;

b. any form of medical negligence;

c. any violation of the intellectual property rights of the “NAMASTE HEALTH”;

d. any act of willful misconduct, gross negligence by the Hospital, Doctor and/or its employees;

e. any statutory violation of any law of India;

f. any other act which may have any form of legal impact on the “NAMASTE HEALTH”.

11. GENERAL TERMS

11.1 Amendment: The Agreement cannot be amended except by a written instrument duly executed by both the Parties.

11.2 Assignment: The Agreement shall not be assigned or transferred, in whole or part, by the Hospital, without the prior written consent of the “NAMASTE HEALTH”.

11.3 Notices: Any notice under the Agreement must be in writing, and may be sent by registered post or courier or may be served through email, addressed to the parties. The Hospital shall forthwith advise the “NAMASTE HEALTH” of any change in its address.

11.4 Force Majeure: The Parties shall not be liable for performing their obligations contemplated here in the event of the occurrence of any unforeseen occurrences due to adverse change in laws, event of vandalism and public unrest or unforeseen events like fire, floods, act of war and god. 

11.5 Survival: The Parties hereby agree that all the provisions relating to warranty including intellectual property warranty, indemnity and confidentiality shall survive after termination of the Agreement as well.

11.6 Severability: The Parties hereby agree to attempt to substitute any invalid or unenforceable provision with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.

11.7 Governing Law and Jurisdiction: The Agreement shall be construed, interpreted and applied in accordance with and shall be governed by the laws applicable in India and the courts at Mumbai shall have the exclusive jurisdiction. 

The original of the Agreement will be retained by the Company and its duly executed copy will be retained by the Hospital.

ANNEXURES (Forming part of the agreement) Annexure

For all operational purpose, user conditions should be read and interpreted in sync with other users like patient to doctor, patient to hospital, doctor to hospital and likewise for other support service providers and such other combinations within the users etc. “Namaste Health” may make changes to terms of EULA and share update notification to the users. Further for user feedback, confirmation, sharing of information and updates etc. “Namaste Health” may communicate with the user directly for operational, administrative, legal, commercial and/or any other purposes; “Namaste Health” assumes that all such communications and updates will form part of EULA with reference to specific user when communicated.