Terms and Conditions-Third Party Healthcare Service Provider

It has been expressly agreed by the Third Party Healthcare Service Provider (hereinafter referred as “HSP”) and the healthy rabbit (hereinafter referred as “LLP”) that they will act in accordance with the terms specified herein and if any of the said terms or part thereof is infringed by any of the Parties, it will amount to the breach of the terms and conditions.

  • That the HSP will provide Health care services to the users who comes to it though the online portal of the LLP. The LLP facilitates online purchase of pharmaceutical products, diagnostic services, online consultancy services, Nursing services, medical facilitation services, wellness services, electronic health record services, health insurance, online advertisements provided by various third parties and various other healthcare services through which the users seeking health care services shall avail the same being provided by the Third Party.
  • That the HSP agrees to perform the duties diligently.
  • The Parties shall ensure confidentiality of medical information of the user of the online portal LLP to promote the individual medical autonomy. Medical Privacy involves informational privacy; physical privacy; associational privacy; proprietary privacy; and decisional privacy, except as otherwise expressly provided with the prior approval of the LLP.
  • HSP is a bona fide business organization carrying on business in relation to the items disclosed to LLP.
  • HSP has the right to use the trademarks.
  • The HSP ensures that the business/services do not violate or infringe upon any law or regulations and all registrations, authorizations and/ permission necessary approvals required for carrying on business have been procured by the HSP.
  • All information about the HSP to the LLP, is and shall at all times be accurate, valid and complete which shall be advertised by the LLP through its online portal.
  • HSP would be the solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property by the HSP) to LLP.
  • HSPs confirms that, it will be solely responsible and liable for all matters between User and the HSP including transactions entered into between such User and HSP. LLP does not verify the identity of the users of the service and that the information provided to HSPs is the information received from the User and will not be independently verified by the LLP.
  • In the event of receipt of multiple complaints from the users regarding the HSP or HSP’s product/service, LLP reserves the right to terminate the agreement or take any other action as deemed appropriate. Notwithstanding anything to the contrary contained in these, LLP may also forfeit the amount lying to the credit of such HSP. HSP also agrees that at no time shall LLP vouch for guarantee the performance of services of delivery of products by the HSP and LLP will not be liable for any non-payment of amount due to the HSP by the user.
  • All the services rendered by the HSP shall confirm to the concerned laws/ rules/ regulation/ notification issued by the Central or State Government or the laws of the concerned State.
  • If either party is required to pay any fine or penalty resulting from the other party’s violation of such laws, rules or regulations, the party who committed the direct violation shall immediately reimburse the other for any such payment.
  • The Services shall be rendered in a professional manner, confirming to the highest standards of the industry and the performance criteria provided under this agreement and the services shall be performed by licensed, fully qualified, well-trained, and properly equipped personnel.
  • Service Provider agrees to pay all taxes, fees levied on Service Provider under the concerned law and incident to the performance of this Agreement by any governmental agency.
  • HSP agrees to pay all taxes, licenses, and fees levied or assessed on it incident to the performance of this Agreement by any governmental agency.
  • The parties agree that they will not receive or offer any illegal or improper bribe, kickback, gift, or thing of greater than nominal value from the LLP or any of its representatives.
  • The terms of this Agreement may be amended only in writing by duly authorized representatives of the parties hereto. No waiver of any provision of the terms and conditions of this agreement shall be effective, unless given in writing, signed by the party against whom the waiver is sought to be enforced. Neither failure to exercise, or delay in exercising, any right, power, or privilege under this Agreement will operate as a waiver hereof, nor will any single or partial exercise of any right , power, or privilege under this Agreement shall preclude any further exercise of the same or any other right, power, or privilege hereunder.
  • The Service Provider will pay an advertisement expenses of ___ per lead excluding Taxes.
  • The Parties hereby agree that the consideration amount shall be transferred to the LLP by the HSP through the online portal created and owned by the LLP.
  • The terms and conditions as well as the agreement between the HSP shall be terminated upon a written notice of thirty (30) days served by the LLP through registered letter or email, in case the HSP fails to comply with the consideration grounds specified above or in case of repeated delays and irregularities in payment by the HSP or if the HSP engages in any conduct prejudicial to the LLP’s Business or if the HSP becomes bankrupt, insolvent, ceases transaction of business, commits any act of bankruptcy, re-organization, composition, or arrangement, or dissolves its business.
  • Upon termination of this Agreement for any of the reasons mentioned above the HSP shall immediately cease to operate and conduct the LLP Business and provide Services on the online portal of LLP; however it shall not be relieved of the obligation to pay any monetary dues to the LLP as per the terms of this Agreement.
  • The HSP shall furnish complete financial and non financial details in the form and format as may be required by the LLP within seven (7) days of the termination of this Agreement and the HSP shall have the obligation to tender payment of all outstanding Consideration due and payable in accordance hereunder.
  • HSP hereby indemnifies, hold harmless and undertakes to defend LLP, its promoters, directors, affiliates, agents, employees, franchisees etc against any claim, damages, costs, expenses by a third party including but not limited to statutory authority(ies), which may be incurred or suffered by any such party and which may arise out of or in relation with the loss or damage caused due to any misconduct, lapse, fault, negligence, fraud, misappropriation, etc committed by employee, associate, partner, director, representative, etc of the LLP or the HSP, whether jointly or severally or result from:
    • HSP hereby indemnifies, hold harmless and undertakes to defend LLP, its promoters, directors, affiliates, agents, employees, franchisees etc against any claim, damages, costs, expenses by a third party including but not limited to statutory authority(ies), which may be incurred or suffered by any such party and which may arise out of or in relation with the loss or damage caused due to any misconduct, lapse, fault, negligence, fraud, misappropriation, etc committed by employee, associate, partner, director, representative, etc of the LLP or the HSP, whether jointly or severally or result from:
    • ­Any breach of any warranties, obligations or covenants of LLP contained in this Agreement.
    • ­Any claim by government regulators or agencies for fines, penalties, sanctions or other remedies arising from or in connection with HSP’s failure to comply with its regulatory / legal requirements and compliances.
    • ­Any claim on account of breach of confidentiality and security of data occurring as a result of acts of omissions or commission of HSP, its employees or agent.
    • ­Any claim arising on account of misuse or negligent application, misuse of systems, failure to follow established procedure by HSP or its employee or its agent.
  • HSP, its partners/directors hereby unequivocally undertake to jointly and severally indemnify, defend and agree to hold LLP including each and all promoters, directors, Centre, employees of LLP harmless against each and all losses, liabilities, punitive measures, penalties, damages, claims, actions, proceedings, cost and expenses, including reasonable attorney’s fees and disbursements in connection therewith, asserted or claimed against or incurred by LLP which may arise out of or result from or payable on account of the HSP failing to comply with the terms and conditions as mentioned in this Agreement.
  • HSP undertakes and agrees to regard and preserve as confidential, all Confidential Information of the LLP, which may be obtained by HSP from any source as a result of this Agreement. In maintaining confidentiality hereunder, the HSP agrees that it shall not disclose or make available or divulge to its affiliates, any third party, person, firm or enterprise or reproduce or transmit, or use (directly or indirectly) for its own benefit or the benefit of others or otherwise, any Confidential Information of LLP.
  • The HSP acknowledges the exclusive right of LLP to the proprietary right of its information and agree that nothing in this agreement shall be construed as giving rise to any right of lien or set off by any HSP on the proprietary right on the information of LLP.
  • The HSP agree to implement appropriate measures designed to ensure the security and confidentiality of Confidential Information, to protect such information against any anticipated threats or hazards to the security or integrity of such information, and to protect against unauthorized access to, or use of, Confidential Information that could result in substantial harm or inconvenience to the LLP or any customer or any of its subsidiaries, affiliates.
  • The terms and conditions of the present Agreement shall be treated as confidential information and neither the execution of this Agreement nor its terms shall be disclosed to any other person by either of the Parties without prior written consent of the other Party unless disclosure is required by applicable law or laws of India.
  • Failure to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.
  • If any provision of this Agreement is invalid or unenforceable or prohibited by the applicable law of the land, this Agreement shall be considered divisible and its remainder/balance shall remain in effect, be valid, binding and of the like effect as if such invalid provision had not been included herein in the first place.
  • All disputes between parties shall be subject to exclusive jurisdiction of the courts of Dehradun only.
  • This Agreement and the rights and obligations of the parties hereunder shall be construed and interpreted in accordance with Indian Substantive and Procedural law, applicable to Agreements made and to be performed entirely therein.
  • For any acts of omission or commission done by HSP, the LLP will not be responsible in any manner whatsoever.

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