Privacy Policy

Who we are

Our website address is: https://drkamlesh.com

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Who we share your data with

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Your contact information

Additional information

How we protect your data

What data breach procedures we have in place

What third parties we receive data from

What automated decision making and/or profiling we do with user data

Industry regulatory disclosure requirements

Terms and Conditions for Users/Customers/Patients

SERVICE TERMS AND CONDITIONS

CONFIDENTIALITY

drkamlesh.com is an online platform which connects authentic health and medical professionals, hospitals, clinics, laboratories with patients or users. Sample collection for lab testing is our only business. We maintain strict confidentiality of all client information. We will execute your confidentiality agreements, or we can provide you with copies of our standard agreement.

QUALITY AGREEMENTS

drkamlesh.com is made to improve the quality in the healthcare sector, hence it is our primary concern. Registration of health and medical professionals, hospitals, clinics, laboratories depend on many parameters such that the user will get the best quality services through drkamlesh.com. However, the services including test results and the testing depend on the laboratory itself. If you have any doubt or suspiciousness of reports, concern the selected laboratory and the laboratory will be responsible for results.

PREPAYMENT POLICY

For the user, prepayment is required before testing can be initiated. Without payment, the system will not complete the process. 

PAYMENT TERMS

The full payment will consist of consultation/service/test fees, conveyance charge and service charges whichever applicable. Payment will be via payment gateway hence all technical aspects of it depends on the integrity of Stripe payment gateway. In case of wrong payment from the user, the gateway will be responsible. drkamlesh.com will help to sort but legally the user must contact gateway.

INTERNATIONAL ORDERS

For now, we are initiating some of our services in India only. So, international transactions are permitted on selected services/products only.

RUSH SERVICE

Rush service may incur a surcharge. For regular clients, we try to accommodate occasional special requests to expedite turnaround time for routine tests without assessing any additional charge. Rush service does not mean that it can be useful in an emergency because it is as per availability of service provider (for example phlebotomist) and timings and testing schedules of the laboratory.

drkamlesh.com will not take any responsibility if the service been used in case of emergency.

VOLUME DISCOUNTS ON BULK ORDERS

Volume discounts are available for many of the services/tests listed. Please call us for a quotation on your bulk requirements. 

Turn around time (TAT)

The time interval between the sample receiving and entry of result is known as TAT. The TAT shown to the user on the website is for your convenience. The TAT is subjected to change.

HAZARDOUS SAMPLES

Sample collection for highly infectious diseases may not be done by our phlebotomist because it requires more protection than ordinary sample collection procedure. drkamlesh.com will not collect these kinds of samples. Sample collection for Swine flu testing is an example.

TEST PROCEDURES

SOPs for commonly performed tests are available with selected laboratories accordingly the test will be done. If test methods are not available, we will help laboratory in the development of quality services if desired.

VALIDATION OF TESTING PROCEDURES

Done by the laboratory itself.

RETESTS

Retesting is generally governed by SOPs of labs. In the case of a retest, the laboratory will manage the complete process and charges if applicable, will be paid by the user.

REPORTS

All test results are issued via email clearly and accurately by the laboratory. In case of any clerical errors, please contact the laboratory. No reference to the work, the results, or the testing procedure will be made available by drkamlesh.com. drkamlesh.com will assure for their availability or supervision.

SAMPLE RETENTION AND RETURN

Following the completion of testing, labs will generally discard excess samples in accordance with their sample retention SOP. When requested, the return of samples to the client will be decided only by the selected laboratory. If fee applicable for the return of samples will be paid to laboratory directly. 

RECORD RETENTION

drkamlesh.com retains all report related data and documentation for one year. After 1 year, all paper documentation may be retained upon request of the client, otherwise, it will be destroyed or may retain will only as per drkamlesh.com’s requirements.

Clients who need data and documentation for greater than 1 year can only be given if available, charges may also be applicable. The patient’s data and the test results can be used by drkamlesh.com for clinical research and studies. We ensure data confidentiality and under no circumstances patent’s data will be supplied to any third party for commercial or non-commercial purposes.

Payment return policy

Payment return in case of wrong test entry can be facilitated by drkamlesh.com. Once the test performed the return of the payment will not be possible. Refund of payment will be decided through a customer issues resolution mechanism and by looking into all aspects hence it may take time. The time taken for refund may vary from case to case hence no strict timeframe can be agreed upon. However, drkamlesh.com tries to resolve refund requests as soon as possible in order to keep the customers satisfied and happy. 

Terms and Conditions for Service Providers (Hospitals/Labratories/Clinics/Medical and Health Professionals)

1. SCOPE OF SERVICES

SERVICE PROVIDER will be responsible for providing its services such as conducting pre-policy medical check-ups (if made agreement with any such insurance company) / Customized Corporate Health/Medical Check-ups, Home Care Services per package rates (as agreed in Schedule/Annexure…) for requirements of clients routed through drkamlesh.com.

The SERVICE PROVIDER agrees for the adoption of latest advanced techniques that are prevalent and also ensure the safety of the proponents of the clients at all times of investigation against allergic conditions disposable syringes, use of sterilized clinical instruments etc as per Good clinical-pathological practices,

2.3 The SERVICE PROVIDER shall ensure that any deviations in reports should comply with the statistical trends and no manipulation of the values at whatsoever cost will be tolerated.

1. TERMS AND CONDITIONS OF SERVICES

DRKAMLESH.COM will inform its Client (Corporate/Groups serviced by DRKAMLESH.COM requiring such services) about the SERVICE PROVIDER and their details and also provide pre-authorization if any for the test to be conducted.

SERVICE PROVIDER will enquire/ask DRKAMLESH.COM in writing/formally (If a credit facility is availed) for the details of the clients who have availed credit facility services, the tests to be conducted, package rates of the tests (if credit facility is available). The said data would also be made available in the login id. i.e……………………………..

of the SERVICE PROVIDER on the website. The SERVICE PROVIDER will arrange to collect proposal forms from the designated office of DRKAMLESH.COM on a regularly scheduled time. The pathology lab/hospital will keep records of all such communication and will furnish the same whenever asked for by DRKAMLESH.COM for up to a period of five years.

The sample of the client will be carried to the laboratory by Drkamlesh.com phlebotomist to the laboratory in case of unavailability of phlebotomist the lab must arrange the person to collect the blood sample from client’s home and also the lab/ HSP must help in sample collection procedure to the Drkamlesh.com phlebotomist if needed the same. 

Sometimes Drkamlesh.com may take favour for the training of Drkamlesh.com phlebotomist from the HSP/ Labs for the betterment of the services.

The Provider will verify the identity if any comes for insurance purpose through Drkamlesh.com (by means of Adhar Card/Pan Card /Voter’s Id / Government Employee Card or Passport) of the Client before providing the listed services, which is mandatory during the first and consecutive visits thereafter. The client ID slip should be signed by both client & examining doctor. Along with this SERVICE PROVIDER Insurance Help Desk person has to cross-check Medical Test Requisition Form details (like Name, Gender, DOB, Signature) with client’s ID proof which is carried along.

The client signature has to be taken on a separate format of consent to be printed on the letterhead of the SERVICE PROVIDER and countersigned by the Physician of the SERVICE PROVIDER. This has to be uploaded separately on the website along with all the reports. The Photocopy of the ID proof utilized to identify the client has to be uploaded on the website along with test reports and submitted with the bills, without which the bills will not be settled by DRKAMLESH.COM and no dispute regards the same will be entertained.

Full Medical Examination has to be carried out by a competent and experienced doctor with minimum qualification of MBBS. Each medical report is finally to be certified by a doctor having qualification of MD

Patho/MD Microbiology/ MD Biochemistry of a recognized university. Female clients are to be examined by female doctors only. The pathology lab/hospital must ensure that all such

Doctors who work on the said services to be provided to DRKAMLESH.COM and its clients/patients/beneficiaries must be MCI Registered and the Pathology Lab/Hospital will furnish the attested copies of the MCI or State Registration of the assigned doctors and whenever there is a change of the assigned doctors, to DRKAMLESH.COM forthwith.

The LAB/ HSP must verify the identity of Drkamlesh.com phlebotomist by asking one-time password every time he brings the sample to HSP/ Lab. The OTP (one time password) is a self-generated number by the website after collecting the sample from the client so that the quality and authenticity is assured. 

All the reports along with the proposal forms and legal disclaimer from clients undergoing test need to be delivered to the designated office of DRKAMLESH.COM on a regular pre-agreed scheduled time. In case of walk-in Clients, the same has to be pre-authorized by DRKAMLESH.COM and their data along with clear recent photographs must be uploaded on the website before the said can be considered for further process (if SERVICE PROVIDER facility is selected for walk-in customers.) In case the customers arrive directly, then it has to be immediately uploaded on DRKAMLESH.COM website and intimated by email and authorization number collected before proceeding for the tests.

     Till the login id and password are created to the web portal all the workflow will be done through email.

The Pathology Lab/Hospital must ensure that all such communication, information and access to the involved systems is strictly confidential and to be handled by authorized personnel only.

1. QUALITY OF SERVICES

The SERVICE PROVIDER shall ensure delivery of the highest quality standard services and shall strictly adhere to all medical and ethical practices as prescribed by various authorities/ statutory body from time to time.

To maintain quality and standards SERVICE PROVIDER shall submit copies of Medical Registration Certificates pertaining to the Doctors conducting the Tests along with the Signed agreement. SERVICE PROVIDER shall submit a copy of its registration certificate under the Clinical Establishments Act, 2010, and/or any other such statute with state applicability in the place of business of the service provider.

To ensure the quality of services the SERVICE PROVIDER may request to DRKAMLESH.COM to conduct an orientation program for the concerned staff orienting them about the procedure to be followed for servicing their policyholders. The SERVICE PROVIDER shall be responsible for communicating the admission guidelines to new staff on a regular basis.

SERVICE PROVIDER agrees for the adoption of latest advanced techniques that are prevalent and also ensure the safety of the proponents of the clients at all times of investigation against allergic conditions, disposable syringes, use of sterilized clinical instruments etc. as per good clinical and pathological practices as prescribed by acts and various authorities/ statutory body time to time.

SERVICE PROVIDER agrees that all the patients/beneficiaries/clients/ Drkamlesh.com phlebotomist serviced by it must be treated professionally and with care thereby delivering high levels of customer satisfaction and timeliness is of importance and hence the clients must be serviced promptly and with due care and attention to their comfort levels.

  UPLOADING/DISPATCH OF REPORTS 

5.1 SERVICE PROVIDER is responsible to upload scanned images/ PDF or entry of data of all reports within prescribed TAT on the website of DRKAMLESH.COM in the given format (as prescribed in Annexure E) through their log in ids and inform DRKAMLESH.COM through fax /e-mail.

5.2 SERVICE PROVIDER may also share soft copies of Reports (preferably in pdf format) on email ids provided by DRKAMLESH.COM. And also dispatch hard copies of said Reports to the address of the designated branch of DRKAMLESH.COM if required or if asked by the user for the same.

5.3. All Dispatch activities will be performed at SERVICE PROVIDER premises. SERVICE PROVIDER shall consolidate all medical reports. SERVICE PROVIDER shall be responsible to dispatch the medical reports in a sealed envelope to Company SERVICE PROVIDER shall be responsible to prepare Transmittal/ Cover letter and send the same along with medical reports (in the soft copy also) on daily basis to the DRKAMLESH.COM.

5.4. As Drkamlesh.com has its own LIS system for lab test entry. We expect that the laboratory should appoint/ trained or share reports to Drkamlesh.com staff to enter in Drkamlesh.com LIS. This encourages the user to get one-stop solutions for his lab test.

1. BILLS & PAYMENTS

The package rates as (Prescribed in Annexure D) shall remain in force for a period of 36 (Thirty-Six) months from the date of this agreement or the date of acceptance of the agreed package rate whichever is later. Any revisions will be through mutual discussions and written agreement only.

SERVICE PROVIDER shall not ask the DRKAMLESH.COM client for any payments for the listed and authorized services rendered to him/her unless DRKAMLESH.COM specifically authorizes in writing to collect the same from the client.

SERVICE PROVIDER can conduct home visits to the customers only if it is pre-agreed and pre-authorized by DRKAMLESH.COM. And the charges for the same are to be collected in advance. DRKAMLESH.COM reserves the rights to suggest any changes in the package rates for home visit charges as per customized requirements

The rates at which payment, if any is to be collected from the client, will be intimated in advance by DRKAMLESH.COM and the same shall be adjusted at the rates during the final monthly reconciliation at rates agreed upon as per Schedule D.

After providing the required services to the client, the SERVICE PROVIDER shall submit to DRKAMLESH.COM the final bills along with a summary of the test results on a monthly basis. DRKAMLESH.COM shall make all payments in respect of the Final Bills directly to the SERVICE PROVIDER within the mutually agreed period of 60 days or upon receipt of DRKAMLESH.COM premium from the insurance company / corporate as the case may be. Once the payment has been received or reconciled for a particular month, the SERVICE PROVIDER agrees to provide a signed and stamped receipt about the receipt of full and final settlement of all dues for a particular month.

DRKAMLESH.COM reserves the right to deny payment for any particular report in following circumstances i) if SERVICE PROVIDER has failed to supply hard copies of medical reports (as mentioned in clause no. 6 ) along with final certification of a doctor having qualification of MD (Patho) /or MD (Cardio) whichever relevant as per the medical history of the patient. ii) if is not satisfied with the quality of the said report or has doubts about the authenticity of the said report. iii) if the identity/ authenticity of the patient is not made clear through clear photographs

/identity card iii) if proper prior approval for conducting medical tests has not been taken from DRKAMLESH.COM. iv) Any provision of this agreement has been breached by the SERVICE PROVIDER or v) If the DRKAMLESH.COM clients serviced by the Pathology Lab/Hospital are ill-treated or complain against the Pathology Lab/Hospital and such compliant/s are found truthful and genuine.

The SERVICE PROVIDER shall charge according to the package rates mutually agreed upon and approved by DRKAMLESH.COM as agreed to in Schedule D of this Agreement. Payments shall be made after deduction of taxes at source or any other Government levy as may be applicable from time to time. The package rates are inclusive of all expenses incurred in the dispatch of Medical Reports to DRKAMLESH.COM apart from agreed package rate no other charges whatever not payable by DRKAMLESH.COM

In case of Revival policies or direct payment clients, the SERVICE PROVIDER accepts to collect the charges for the tests and additional service charges from the proposers at quantum mentioned in the authorization letter emailed/faxed to the facility or intimated on the phone and visible in the login id of the SERVICE PROVIDER. The 

 service charges collected from the proposer additional to test charges along with the discounts if any need to be refunded to DRKAMLESH.COM on a monthly basis by cheque in favour of “DRKAMLESH.COM   

Pvt. Ltd” or would be adjusted in the total monthly payments due to the SERVICE PROVIDER and details will be intimated to SERVICE PROVIDER in advance by DRKAMLESH.COM. Payment will not be due for cases where wrong/incomplete reports are submitted or delayed beyond 2 days or reports received without photographs of client and areas covered in point 6.6.

The SERVICE PROVIDER hereby agrees to furnish the best possible & competitive quote for any customized healthcare service requirements of DRKAMLESH.COM as sought from time to time.

Payment will be done by either by NEFT or by RTGS as per the details provided by the Network Provider (As per Schedule – A).

     DISCOUNT / HIGHLY SUBSIDIZED RATES CONFIRMATION

1. The HSP hereby agrees to grant an agreed discount for all DRKAMLESH.COM clients who would avail direct services of the HSP at their normal rates. If required, the HSP shall verify the authenticity of the identity of the DRKAMLESH.COM clients seeking discounts by asking for DRKAMLESH.COM photo/non-photo ID card.

The HSP hereby agrees to furnish the best possible & competitive quote for any customized healthcare service requirements of DRKAMLESH.COM as sought from time to time

1. INTERNAL QUALITY CONTROL (IQC)

The laboratory must perform IQC checks for all relevant tests and procedures. This includes commercial controls (positive and negative samples quantitative samples in high, low and normal ranges; sterility controls) and repeat testing of patients samples with known results (called’’ drift controls’’) and ensure proper submission of all the requirements.

1. INSPECTION AUDIT AND ACCESS RIGHTS OF THE ON REGULAR AND AD-HOC BASIS

The SERVICE PROVIDER undertakes and warrants that it has the necessary infrastructure, equipment, reagents, and duly calibrated instruments as required for providing the services requested by DRKAMLESH.COM for its

clients and all of which fully meet the regulatory and prescribed standards and industry practices in this behalf, (As prescribed in Schedule -E). Surprise checks of the facility of SERVICE PROVIDER can be carried out for confirming infrastructure and grievance register checking by DRKAMLESH.COM or the officials of the insurers and clients serviced by it. The SERVICE PROVIDER also assures to maintain the blood samples safely for a period of 48 hours from the time of collection to enable random checking of it to ensure the quality of the reports provided. The said may be collected by DRKAMLESH.COM for random testing at any other laboratory to check the reporting values. The SERVICE PROVIDER assures to conduct reporting for free of blood samples provided by DRKAMLESH.COM for random testing collected from any other facility for its quality assurance drive as determined by the software. 8.2 The would conduct an audit at frequent intervals and on specific requirement as decided from time to time. The DRKAMLESH.COM has every right to access the system/records/test results pertaining to the SERVICE PROVIDER without any restriction.

8.3 The SERVICE PROVIDER should not object to the delegation of authority to review/audit the above-mentioned activities affecting the risk of insurance.

1. NON-EXCLUSIVITY

DRKAMLESH.COM/ reserves the right to appoint other SERVICE PROVIDER for implementing the packages envisaged herein and provider will have no objection for the same and vice-versa.

1. TENURE OF THE AGREEMENT

The agreement will commence from the date on which it is signed and will remain in force till 36 (Thirty-Six) months or either party serves a notice of termination. The Agreement may be terminated by any of the parties by giving one-month prior written notice to the other party. However, if there is any given contract which has to be serviced the SERVICE PROVIDER shall complete rendering of all such services committed prior to the serving of termination, without exception unless and otherwise instructed by DRKAMLESH.COM.

DRKAMLESH.COM reserves the right to inform the Clients, its Customers or the public at large about the termination along with the reasons of termination of the agreement, by any method as they deem fit.

1. CONFIDENTIALITY

All the stakeholders undertake to protect the secrecy of all the data of Beneficiary families, medical status, records, reports, access to the system, and trade or business secrets and will not share the same with any unauthorized person for any reason whatsoever within or without consideration.

SERVICE PROVIDER shall be responsible for the protection of all information, contents, software, etc. being utilized by it for the purposes of implementing the terms and conditions of this agreement and for the purpose of providing its services. No information shall be shared with any other party without prior written permission of the SERVICE PROVIDER shall be responsible for the complete protection of all confidential and private medical records and personal/private data of the patients and insured and will ensure that all the controls and prescriptions stated in the most recent version of the information technology act 2000 & any other applicable Act and/or provisions are implemented along-with such other data security and protection controls as may be specified by the relevant government bodies or recognized specialist in this behalf to ensure strict protection, privacy and confidentiality of the patients and insured’s private & personal data & information, including all medical records, and the SERVICE PROVIDER unequivocally agrees that it will be solely responsible and liable for any payment of claims, damages and to manage and defend any complaints filed by any aggrieved person with any authority in this behalf.

SERVICE PROVIDER agrees to protect the confidentiality under this agreement and ensures not to recruit ex-employees of at any time during this agreement and also for a further period of one year from the date of expiry of this agreement or its earlier termination.

All the data generated during the tenure of the Agreement belongs to / Insurer. SERVICE PROVIDER undertakes to protect the secrecy of all the data and shall not reuse, disclose, make copies and/or share the same with anyone other than for the purpose of this agreement, for any reason whatsoever without the written approval of.

Upon termination or expiration of the Agreement, or as requested in writing by DRKAMLESH.COM at any time, SERVICE PROVIDER will, at its own expense and at DRKAMLESH.COM’s option: (a) promptly return all Personal Data; or (b) destroy all documents, materials, and any other media that may contain Personal Data, without retaining any portion or copy thereof. SERVICE PROVIDER will provide DRKAMLESH.COM with a Certificate of Destruction of Personal Data in a form acceptable to the DRKAMLESH.COM, signed by an authorized employee of SERVICE PROVIDER who has supervised such destruction.

1. RELAXATION:

Any relaxation or indulgence or concession given by either party to the other shall not be deemed to have allowed or amended this agreement in any manner whatsoever.

1. DISPUTE RESOLUTION:

Any and all disputes, controversies and conflicts (hereinafter referred to as “Disputes”) arising out of this Agreement between the Parties hereto or arising out of or relating to or in connection with this Agreement and the performance or non-performance of the rights and obligations set forth herein or the termination or validity or interpretation or implementation or alleged breach of any provision of this Agreement shall be referred for arbitration in terms of the Arbitration and Conciliation Act, 1996 or any modifications and/or reenactments thereof. Prior to submitting the Disputes to arbitration the parties hereto shall mutually resolve to settle the Disputes through mutual negotiation and discussions. In the event that the said Disputes are not settled within 30 (Thirty) days of the arising of the Disputes, the same shall finally be settled and determined by arbitration to be conducted by a sole arbitrator to be mutually appointed by the Parties in accordance with the Arbitration and Conciliation Act, 1996.

The place of arbitration shall be Banswara and the language used in the arbitral proceedings shall be defined or asking by the law or English. The arbitral award and decision by the arbitrator shall be in writing and shall be final and binding and shall be enforceable in any court of competent jurisdiction. None of the Parties shall be entitled to commence or maintain any action in a court of law upon any Dispute arising out of or relating to or in connection with this Agreement, except for the enforcement of an arbitral award or as permitted under the Arbitration and Conciliation Act, 1996. Pending the submission to arbitration and thereafter, till the tribunal renders its award or decision, the Parties shall, except in the event of termination of this Agreement or in the event that relief is granted under the Act, continue to perform their obligations under this Agreement.

1. INDEMNITY

It is expressly agreed and understood that the role of the SERVICE PROVIDER and shall be limited to the Medical Services and payment of Services respectively in accordance with the agreed Package rate/ or discounted rates.

The SERVICE PROVIDER shall be wholly responsible for the response, care and provision of lab examination / medical services to any Eligible Person approaching the service provider. The Insurer / shall not in any manner be responsible for the provision of treatment or consequences thereof.

SERVICE PROVIDER agrees that it shall be responsible for any claim made by any person relating to, and alleging any lapse, defect, deficiency, shortcoming, error, or omission in the provision of lab examination. In the event of the Insurer /  

being proceeded against or held liable in any manner including but not limited to the payment of damages, compensation, medical expenses or costs, the SERVICE PROVIDER undertakes:

1. To keep the Insurer and the fully & promptly indemnified.

1. To meet the entire such liability on their behalf.

1. To bear all costs incurred by the Insurer and in defending such claim.

Notwithstanding anything to the contrary in this Agreement, neither Party will be liable by reason of failure or delay in the performance of its duties and obligations under this agreement if such failure or delay is caused by acts of God, strikes, lock-outs, embargoes, war, riots, civil commotion, any orders of Governmental, Quasi-Governmental or local authorities, or any other similar cause beyond its control and without its fault or negligence.

DRKAMLESH.COM shall not be liable or responsible for any acts of omission or commission of the Pathology Lab / Doctors and another medical/ non-medical staff of the SERVICE PROVIDER and the Pathology Lab/Hospital agrees to keep DRKAMLESH.COM fully indemnified at all times and not liable for any legal prosecution or proceedings for any (improper) omissions and commissions committed by the Pathology Lab/Hospital, which convert into a legal case.

14.6. The Pathology Lab shall alone be liable to pay any costs, damages and/or compensation demanded by the client for poor, wrong, medical negligence, inaccurate medical report given to the client by the SERVICE PROVIDER while executing any assignment of DRKAMLESH.COM, or for that matter any claims made by the Client.

Should any monetary claim and compensation for such or similar acts be demanded by either the Insurer, the client and/or any regulatory body, etc. from DRKAMLESH.COM, it is unequivocally agreed that the Pathology Lab/Hospital shall forthwith deposit such amounts with either DRKAMLESH.COM or pay the same to the demanding party under intimation to DRKAMLESH.COM and that, DRKAMLESH.COM will have the right to fully recover any such amounts from any monies which are outstanding or payable to the Pathology Lab/Hospital and that, any balance amounts of such claims/demands if not settled by the Pathology Lab/Hospital forthwith, then, they agree that, they will be liable for legal prosecution.

1. SEVERABILITY

This Agreement along with all its Schedules and Annexure(s) constitute the final and entire agreement between the Parties with respect to the subject matter hereof and supersede and terminate any other agreement of the Parties with respect to its subject matter. If any provision of this Agreement is invalid, unenforceable by subsequent agreement or amendment by both of the parties, then this Agreement shall be considered divisible as to such provision and such provision shall be inoperative and the remainder of this Agreement shall be valid and binding and do the like effect as though such provision was not included herein.

1. ASSIGNMENT

Neither party shall be entitled to assign its rights and/or obligations under this agreement. Subject to the foregoing this Agreement shall be fully binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors and permitted assigns.

17 FORCE MAJEURE

Neither Party shall be in breach of any of its obligations under this Agreement to the extent that its performance is prevented, physically hindered or delayed by any act, event or circumstance (whether of the kind described herein or otherwise), which is not reasonably within the control of such Party (“Force Majeure Event”). Force Majeure Event shall include but not be limited to the following: fire, flood, atmospheric disturbance, lightning, storm, earthquake, washout, or other acts of God; war, riot, blockade, insurrection, acts of public enemies, civil disturbances, terrorism and sabotage and threats of such actions; strikes, lock-outs, or other industrial disturbances or labour disputes; change of any applicable rule, regulation or law.

17.2 In the event that any Force Majeure Event continues for a period of 6 (six) weeks without interruption, the Party not affected by such Force Majeure Event shall be entitled to terminate this Agreement by giving notice to the other Party, pursuant to, and in accordance with the provisions of this Agreement.

1. RELATIONSHIP:

The Parties to this agreement are independent contractors. Neither party is an agent, representative or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement or memorandum of understanding for and on behalf of, or incur any obligation nor liability of, or to otherwise bind the other party. This agreement shall not be interpreted or construed to create an association, agency, joint venture, collaboration or partnership between the parties or to impose any liability attributable to such a relationship upon either party. It is clarified that neither the SERVICE PROVIDER nor any of its employees, network providers or associated consultants or sub-contractors shall be deemed to be the employees of DRKAMLESH.COM for any purpose whatsoever.

1. OTHER REQUIREMENTS.         

The SERVICE PROVIDER shall display all recognition and promotional material supplied by DRKAMLESH.COM in areas around the customer counters and customer waiting area, in such a manner that it is visible to the customer visiting the SERVICE PROVIDER & put up a signboard indicating the “DRKAMLESH.COM Health Service Provider” status to the customers.

The SERVICE PROVIDER shall maintain a Grievance and complaint register and feedback register with free access to the customers to note down their feedback and complaints. All the complaints will be addressed within a TAT of 12 hours and data updated to DRKAMLESH.COM official website and email id.

1. RIGHTS AND EXECUTION:

1. In the interest of effective execution, continuous improvement, client satisfaction, regulatory compliance and to ensure consistent professional fulfilment, DRKAMLESH.COM reserves the right to reasonably modify any of the terms and conditions of this Agreement, charges, procedures and any other such operational, commercial or procedural matters at any time and will duly inform the Pathology Lab/Hospital of such changes.
2. This Agreement and each page of the Annexures, Appendixes, etc. which form an inherent part of this Agreement, must be signed by the authorized signatory of the respective parties and stamped thereto on All pages.
3. JURISDICTION

Disputes arising from and relating to this agreement shall be deemed to be in the exclusive jurisdiction of courts situated at Banswara.