AGREEMENT BETWEEN “MEDISENSE HEALTHCARE SOLUTIONS PVT. LTD.” AND ITS USER MEMBERS
This is an agreement between Medisense Healthcare Solutions Pvt. Ltd. , (known as Medisense in short), referred herein as the First Party, and the person who agrees to be a user member of the First Party who is referred herein as the Second Party. This agreement hereby sets forth the following descriptions, terms and conditions:
- The First Party means the Medisense Healthcare Solutions Pvt. Ltd. bearing the following address— “Medisense Healthcare Solutions Pvt. Ltd. Ground Floor, Mohini Plaza, Kalsanka, Udupi 576101”.
- The term first party includes the owners / partners of the Medisense as well as its experts who assess the general nature of the health problem of the second party for the purpose of putting the second party in touch with the health care providers in accordance with their needs as assessed by the experts of the first party on the basis of the information provided by the second party.
- The term second party includes the person who agrees to be a user member of the First Party.
- The First Party provides a software technology driven platform where second party can connect and interact with doctors/hospitals/healthcare service providers.
- First party provides a software technology platform for the interaction between second party and healthcare service provides which includes but not limited to, Doctors, Hospitals, Pharmacy, Diagnostic Centers. The interaction between the first party and second party will not constitute a clinical recommendation. The second party needs to contact / consult his health care provider / physician etc. for clinical recommendation, diagnosis and treatment etc. as deemed fit and proper by the health care provider.
- The interaction between second party and the service providers on first party’s software platform will result in opinion and appointments. The service availed by the second party will depend upon the second party providing true and timely information to the first party and any failure to do so may result in suggestions that may not be the best and in such situations, the responsibility for the same will lie entirely upon the second party
- The First Party is merely a facilitator of contact between the second party and the actual health care provider etc. that may provide the actual service. As such, the first party will not be liable for any deficiency in service provided by the actual service provider. In other words, the second party hereby indemnifies the first party against any or all claims arising out of such liability arising out of the dealings between the second party and the actual service provider.
- The second party will pay to the first party the membership fee, if any, as may be prescribed by the first party and agreed by the second party.
- The second party will approach the first party whenever the former has any problem that needs any type of health care and the first party, after coming to know of the nature of such problem, will identify an appropriate health care provider and make arrangements for putting the person needing health care in touch with the concerned health care provider. The assessment made by the first party regarding the general nature of the health problem will not constitute a medical diagnosis of the condition suffered by the second party.
- Wherever required/ applicable, the second party will pay the required membership fee to the first party before this agreement binds them.
- The charges for health care received by the second party from the health care provider will be directly paid to the provider of such service. The contract of service will be directly between the second party and the health care provider and the first party shall not be a party to such contract and, therefore, the first party shall not in any way be responsible or liable for any alleged deficiency on the part of the health care provider.
- The first party shall try its best to act promptly as required in the interest of the second party but shall not be liable for any inability to do so in case of an unforeseen / unavoidable chance happening or Force Majeure or “Act of God”.
- Any disputes among the parties should preferably be amicably settled. However, if this is not possible, only the courts in Udupi will have jurisdiction.