“MEDTRAVELS”is an online market place which provides dealing facility to Customers or Patient, Healthcare Service Provider, Value Added Service Provider and Associates. “MEDTRAVELS” is governed by “Mednexus Travel4health Private Limited” (“MEDTRAVELS”, "we", or "us", or "our").  Which is a Private Limited company registered under Companies Act, 2013, with registered office at C-508,Anand Lok Apartment, Mayur Vihar,Phase-I, New Delhi - 110091.

DEFINITIONS:

• MEDTRAVELS means Mednexus Travel4health Private Limited and  its portal or/and mobile app www.medtravels.in “hereinafter called MEDTRAVELS”

• Customer includes Patient, Client, user or any other legal entity registered on the MEDTRAVELS web portal or/ and mobile app i.e. www.medtravels.in  for availing the services mentioned in MEDTRAVELS portal or/and mobile app. “hereinafter called Customer”

• Healthcare Service Provider includes Doctor, Allied Practitioners, Diagnostic Service Provider, Nursing Home, Hospital, Pharmacy Persons and Ambulance Service Provider. “hereinafter called Healthcare Service Provider”

• Value Added Service Provider includes Tour Operator, Travel Booking Agent, Taxi Services Provider, Accommodation Services Facilitator, Pharmacy Service Provider, Interpretation Services Provider  “herein after called Value Added Service Provider”

• Services includes Healthcare Services or/ and Value Added Services. “hereinafter called Services”

• Service Providers includes Healthcare Service Provider or/and Value Added Service Provider “hereinafter called Service Providers”

• Referral Agent includes Aggregator or/and Agent “hereinafter called Associates”

When we use the word “Service(s)” in this Privacy Policy we mean the services available at MEDTRAVELS portal or/and mobile app for use as per the terms mentioned in www.medtravels.in  as well as all the other related websites, services, and applications made available  by MEDTRAVELS.

This private policy shall apply on all users of MEDTRAVELS web portal or/and  mobile app, if you have any questions, comments, or concerns regarding this Privacy Policy, please contact us at admin@medtravels.in

This Privacy Policy, together with our terms and conditions with various service providers and other contents referred to in this Privacy Policy, form a legally binding Contract between you and us (collectively referred to herein as the “Contract”).  Please read them carefully before you start to use our Service.  By using our Service, you indicate that you consent to accept the MEDTRAVELS Cookies Policy, this Privacy Policy, and other policies available on www.medtravels.in, which you agree to be bound by and abide by the terms of all of them.  

If you do not agree to these terms and policies, please do not use the services.  "You" or “your” is defined as an Individual User of the service. Remember that your use of MEDTRAVELSservices is at all times subject to the Terms of Services, which incorporates in this Privacy Policy.  Any terms we use here without defining them have the definitions given to them in the Terms of Services.

1.  Purpose of this Privacy Policy:

MEDTRAVELS respects your privacy and is committed to protecting it through our compliance with this policy. 

This MEDTRAVELS Privacy Policy (together with Terms and Conditions with Customers and Healthcare Service Provider Service Provider and any other documents referred to on it explains how MEDTRAVELS collects, holds, uses, and discloses any Personal Information that we collect from you through your use of the MEDTRAVELS Service. “Personal Information” as used in this Privacy Policy means any personally identifiable information about Individual Users of the Service collected for the purposes of providing you the Service.

This policy does not apply to third party websites or practices of companies that MEDTRAVELS does not own or control, or applications to which we provide links from our Service.  You should always read the privacy policy of any third party websites before using them.

2.  Personal Information from users to MEDTRAVELS:

• MEDTRAVELS collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number.

• MEDTRAVELS also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.

• There is also information about your computer hardware and software that is automatically collected by MEDTRAVELS.

• This information can include your IP address, browser type, domain names, access times and referring website addresses.

• This information is used by MEDTRAVELS for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of MEDTRAVELS website or/and mobile app.

• Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through MEDTRAVELS public message boards, this information may be collected and used by others.

• MEDTRAVELS encourages you to review the privacy statements of web sites or/and mobile app you choose to link to from MEDTRAVELS. So that you can understand how those websites collect, use and share your information.

• MEDTRAVELS is not responsible for the privacy statements or other content on websites outside of the Mednexus Travel4health Private Limited  and MEDTRAVELS family of websites or/and mobile app.

3.  Sharing of Personal or Other Information:

• MEDTRAVELS DOES NOT SHARE, SELL, RENT, OR TRADE PERSONAL INFORMATION WITH THIRD PARTIES OTHER THAN AS DISCLOSED WITHIN THIS PRIVACY POLICY OR IF YOU GIVE US CONSENT TO DO SO. MEDTRAVELS WILL NOT USE OR DISCLOSE YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR MARKETING OR ADVERTISEMENTS TO STUDENTS OR ANY OTHER AUTHORIZED USERS OF THE SERVICE.

• We may disclose your Personal Information as required or authorized by law and when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal process served on us enforce or apply our Terms of Service, Acceptable Use Policy, and other agreements or protect the rights, property, or safety of MEDTRAVELS, our employees, our Users, or others.

• Information or data related to Patients or clients for their medical test, clinical reports, prescriptions and any other health related information will be secured by MEDTRAVELS and shall transfer only to authorised persons and/or their representatives.

• If MEDTRAVELS or some or all of its assets were acquired or otherwise transferred, or in the unlikely event that MEDTRAVELS would go out of business or enter bankruptcy, User information including Personal Information may be transferred to or acquired by a third party but only to a third party that is subject to the same commitments for the previously collected Personal Information as MEDTRAVELS under this Privacy Policy.

• Each of these trusted third parties may have access to your Personal Information only for purposes of performing tasks on our behalf and providing us feedback to improve your experiences using the Service. All of these trusted third parties are under obligations similar to those in this Privacy Policy.

• You may use a third party application to access or log on to your MEDTRAVELS account such as Facebook, LinkedIn or Google. MEDTRAVELS will not share your Personal Information with Facebook, LinkedIn, or Google without your consent however, MEDTRAVELS is not responsible for what those third parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.

4.  Data Security:

MEDTRAVELS takes precautions to maintain the security and integrity of Personal Information it collects about you including storage of your Personal Information on a secure server behind multiple firewalls.

• We take reasonable steps to protect your Personal Information, MEDTRAVELS cannot ensure or warrant the security of any information managed by the website or/and mobile app, whether transmitted to MEDTRAVELS by you. Once we receive your information, we will use procedures and security features to try to prevent unauthorized access.  We consider these security safeguards to be reasonable and in line with evolving good industry practice.

• By agreeing to MEDTRAVELS Privacy Policy, you agree to use the Service at your own risk, and agree (to the maximum extent permitted by law) that MEDTRAVELS shall not be liable if a security breach occurs, if the site malfunctions, or if information is misused or mismanaged in any way to your detriment or the detriment of a third party, whether by MEDTRAVELS, or an unauthorized third party. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.

• In order to access any Personal Information, you must set up an account which is protected by a password for your privacy and security. We also use coding practices which take steps to prevent attack on our Services from web browsers and malicious scripts by processing all actions through several permission verifications checks.

• You can help protect against unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

• The Service may contain links to other websites. We are not responsible for the privacy policies and/or practices on other websites (but you should read those third parties’ privacy policies to ensure you understand them). This Privacy Policy only governs information collected by MEDTRAVELS via the Service.

5.  Use of Personal Information:

• MEDTRAVELS collects and uses your personal information to operate the MEDTRAVELS website or/and mobile app and deliver the services you have requested.

• MEDTRAVELS also uses your personally identifiable information to inform you of other products or services available on our website or/and mobile app.

• MEDTRAVELS may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

• MEDTRAVELS does not sell, rent or lease its customer lists to third parties.

• MEDTRAVELS may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party.

• In addition, MEDTRAVELS may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries.

• MEDTRAVELS shall share personal Information of customers related to mobile number, name and age, address, adhar card no. and medical insurance no. with the Healthcare Service Provider in order to provide the services to the users of MEDTRAVELS.

• All such third parties are prohibited from using your personal information except to provide these services to MEDTRAVELS, and they are required to maintain the confidentiality of your information. MEDTRAVELS does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

• MEDTRAVELS keeps track of the websites and pages our customers visit MEDTRAVELS, in order to determine what MEDTRAVELS services are the most popular. This data is used to deliver customized content and advertising within MEDTRAVELS to customers whose behavior indicates that they are interested in a particular subject area.

• Our website or/and mobile app will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) confirm to the edicts of the law or comply with legal process served on MEDTRAVELS; (b) protect and defend the rights or property of MEDTRAVELS, (c) act under exigent circumstances to protect the personal safety of users of MEDTRAVELS, or the public.

6.  Contact Information:

• We may contact you via the e-mail address and phone number as provided by you to us. You may also receive system-generated transactional e-mails such as confirmations, notification of receipt of payments, notification of password changes etc. Using these services, you consented to communicate with your mobile number and email id.

• You hereby expressly consent to receive communications from us through your registered phone number and/or e-mail id. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry.

7.  Links to Third-Party Sites:

In an attempt to provide you with increased value, we may from time to time include third party links on our Website. These linked sites have separate and independent privacy policies. We encourage you to review those policies when you visit those sites.

We may have certain features on our website or/and mobile app which may be hosted by third parties, your interaction with such features shall be governed by the privacy policy of such third parties.

This Privacy Policy Statement only covers our website or/and mobile app and does not cover any other website. We therefore have no responsibility or liability for the content and activities of these linked sites.

8.  Retention and Deletion of Personal Information:

If you wish to cancel your account or request that we no longer use your information to provide you Services, you may delete your account by contacting  admin@medtravels.in we may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  

We will take reasonable steps to destroy such information when it is no longer needed for those requirements. Upon cancelation of your MEDTRAVELS account, to the extent that you have included any Personal Information in any User Submissions, we will stop displaying your User Submissions to other Users (if applicable), but you understand and agree that it may not be possible to completely delete that content from the Service, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other Users with whom you chose to share the User Submission.

9. Updation, Correction, or Deletionof Personal Information:

You may correct, update, or delete your information by making the change on your account profile page or contacting admin@medtravels.in we will respond to your request within thirty (30) days (or less, if required by law).

• If you otherwise ask us to correct, update, delete, or change the Personal Information we hold about you, we will do so if we are satisfied that this is required. If we decide not to change your Personal Information in the manner you have requested, we will advise you of this in writing and how you can complain if you are not satisfied with our decision. If you request a change to your Personal Information and we do not make that change, you may request that we note on our records that you requested a change to your Personal Information that was not made and the reasons that change was not made.

• Please be advised that requesting removal of or not providing certain information may result in your not receiving notification of updates to the Service or other valuable information regarding your use of the Service. Failure to provide information requested by persons may mean that you are not able to access relevant features of the Service.

• You agree that you will keep the information on your account accurate, up-to-date, and complete.

10.  Use of information in Country other than the India

When you use the Services, you are consenting to have your data transferred to and processed in India and/or any other place in the world where MEDTRAVELS has its operations either directly or indirectly.  It may be processed by staff who work for MEDTRAVELS or staff who work for one of our third party suppliers. All of the servers used to provide the Service are currently located in the India, and we aren’t able to process your information within the borders of any other country.

Given this limitation, if your use of the Service or disclosure of certain information to MEDTRAVELS (or to our third party service providers) would violate any law that is applicable to you, you should not use the Service.  You are responsible for understanding and complying with the local laws where you reside.

11.  Query About Privacy Policy:

If you have a complaint, question, or a concern about the information set forth in this Privacy Policy or about how we have handled your Personal Information, please contact us at admin@medtravels.in We will try to deal with all complaints, questions, and concerns within a reasonable period.

A copy of this Privacy Policy will be available free of charge on our website, www.medtravels.in, or by contacting us at admin@medtravels.in

12.  Governing law:

This Privacy Policy shall be governed by and construed in accordance with the laws of India. All disputes in relation to these Terms will be adjudicated exclusively before a competent court in New Delhi, India only.

Thank you for visiting MEDTRAVELS ("website or/and mobile app"). This cookie Policy applies to the whole of this website or/and mobile app including any other website or branded pages on third party platforms (e.g. YouTube, Facebook etc.) and applications accessed or used through such websites or platforms, which are operated by or on behalf of MEDTRAVELS ("MEDTRAVELS website or/and mobile app").

By using a MEDTRAVELS website or/and mobile app, you are consenting to use our website’s or/and mobile app cookies and other tracking technology in accordance with this Policy. If you do not agree to our use of cookies and other tracking technology in this way, you should unsubscribe through our browser settings, accordingly we would remove your IP address from our website or/and mobile app  domain. If you disable cookies that we use, it may influence your user experience while on the MEDTRAVELS website or/and mobile app.

While using any other website through our website or/and mobile app, you should refer to the privacy Policy of the specific website. You are using to understand its specific data collection practices system requirements to make full use of MEDTRAVELS’s services.

1. What are cookies?

Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work more efficiently, to provide information to the owners of the website.

See below for details on what information cookies collect and how we use that information. For more information about the kind of data we collect, please read our Privacy Policy.

2. How and why does MEDTRAVELS use them?

We use cookies on our websites or/and mobile app to help operate it effectively.

Cookies helps us to understand your needs, we use cooking for user-friendliness and to gain customer satisfaction feedback. MEDTRAVELS keeps all the information collected from cookies in a non–personally identifiable format. MEDTRAVELS cookies located on your computer do not retain your name or your IP address.

3.  Types of cookies are used on MEDTRAVELS website:

• Necessary cookies:These cookies are strictly necessary for the operation of a website or/and mobile app. Without these cookies, this website or/and mobile app won’t work properly. Accordingly, we are not asking you for your specific consent for those cookies. For all other cookies your informed consent is required.
• Session cookies: Session cookies are temporary cookie files, which are erased when you close your browser. When you restart your browser and go back to the website that created that cookie, the website will treat you as a new visitor.
• Functional/Persistent Cookies: These are cookies which are set up to improve the functionality of the website or/and mobile app. For example, cookies that remember the content you previously viewed on this website or/and mobile app or the email address and password you provided when registering during an earlier visit to this website or/and mobile app.

  Cookies may also remember items you have previously placed in your shopping cart (in the case of two or more services) while visiting a MEDTRAVELS website or/and mobile app. Using Functional cookies, therefore, may allow us to serve you content tailored to your interests and save you the time of having to re-register or re-enter information when you re-visit this website or/and mobile app or try to access certain member-only sections. We may also use Cookies to lockout underage users from certain activities.

• Cookies that send information to us: These are the cookies that we set on a MEDTRAVELS website or/and mobile app and they can only be read by that website or/and mobile app. These are known as “First Party” cookies.

  We also place cookies on brand ads, which are placed on other websites owned by third parties (e.g. Facebook). We obtain information via those cookies when you click on or interact with the advertisement. In this situation, the brand is placing a “Third Party” cookie. The brand may use the information obtained by these cookies to serve you with advertising that is relevant and of interest to you based on your past online behavior.

• Cookies that send information to other companies: These cookies are set on a MEDTRAVELS site by our partner companies (e.g. Facebook or advertisers). They may use the data collected from these cookies to anonymously target advertising to you on other websites, based on your visit to this website or/and mobile app.

  For example, if you use a social widget (e.g. the Facebook icon) on the website or/and mobile app, it will record your “share” or “like”. Facebook (as the company setting the cookie) will collect the data. This is known as a “Third Party’’ cookie.

• Demographics and Interest Reporting: Some of our website or/and mobile app use Google Analytics Demographics and Interest Reporting to improve advertising. Some common applications are to target advertising based on what is relevant to a user, to improve reporting on campaign performance, and to avoid showing ads the user has already seen. This is done using something called the DoubleClick cookie. If you do not want your information collected in this way, you can:

• Use Google’s Ad Settings to opt out of Display Advertising; or
• Use Google's Browser add-on to opt out of Google Analytics

We will not use any information reported by Google Analytics Demographics and Interest Reporting to identify any individual user of our website or/and mobile app. Find out more about Google Analytics Demographics and Interest Reporting.

4. How can I change my cookie settings?

Please ensure that your computer setting reflects whether you are happy to accept cookies or not. You can set your browser to warn you before accepting cookies, or you can simply set it to refuse them, although you may not have access to all the features of this website or/and mobile app if you do so. See your browser 'help' button for how you can do this.  You do not need to have cookies on to use or navigate through many parts of this and other MEDTRAVELS websites or/and mobile app. Remember that if you use different computers in different locations, you will need to ensure that each browser is adjusted to suit your cookie preferences.

To delete the cookies and all information gathered, and otherwise change your cookie settings please click the following link.

5. Change Cookie Settings:The website or/and mobile app allows you to choose NOT to allow the services, which create and use these cookies to run, although you may not have access to all the features of the website or/and mobile app if you do so. To do this now, just scroll up the page and click on the "Change Cookie Settings" link higher up.
 

6. Updates in Policy:We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.

7. Contact:: Questions, comments and requests regarding this cookies policy should be addressed to admin@medtravels.in Please also contact us at this address if you would like to update or amend any of your personal information which you have sent us.

This document is an electronic record in terms of Information Technology Act, 2000, and the rules framed there under as applicable, and the amended by the provisions pertaining to electronic records in various statutes. Being a system-generated document, it does not require any physical or digital signatures.

1.  Introductory Information:

Mednexus Travel4health Private Limited (herein after called “MEDTRAVELS”) is a company registered under Companies Act, 2013, MEDTRAVELS is an online market place and the terms "we," "us," "our," or “MEDTRAVELS” shall refer to “MEDTRAVELS” as a trademark of Mednexus Travel4health Private Limited.

The terms "you," "your," "User," or "Customer" shall refer to any individual or entity who accepts these Terms and Conditions by registration online upon MEDTRAVELS web portal or/and mobile app.

MEDTRAVELS is a technical robust platform which helps to choose doctors, hospitals and allied services like e-visa, air ticket, rail ticket, taxi, hotel (accommodation) and ordering pharmacy according to location, level & budget.

Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits, except as specifically referenced. These Terms and Conditions only apply to the Services (as defined below) provided under the MEDTRAVELS online web portal or/and mobile app by either themselves or by their authorized service provider agencies. 

Definitions:

• MEDTRAVELS means Mednexus Travel4health Private Limited and its portal or/and mobile app i.e. www.medtravels.in“hereinafter called MEDTRAVELS”

• Customer includes Patient, Client, user or any other legal entity registered on the MEDTRAVELS web portal or/and mobile app i.e. www.medtravels.in for availing the services mentioned in MEDTRAVELS portal or/and mobile app. “hereinafter called Customer”

• Healthcare Service Provider includes Doctor, Allied Practitioners i.e. Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist and Optometrist Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy. “hereinafter called Healthcare Service Provider”

• Healthcare Services includes Services by Doctors, Allied Practitioners, Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist, Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy Services. “hereinafter called Healthcare Services”

• Value Added Service Provider includes Tour Operator, Travel Booking Agent, Taxi Services Provider, Accommodation Services Facilitator, Pharmacy Service Provider, Interpretation Services Provider  “herein after called Value Added Service Provider”

• Value Added Services includes Travel Booking services, Taxi Services, Accommodation Services, Tour Operator Services, Pharmacy and Interpretation Services. “hereinafter called Value Added Services”

• Services includes Healthcare Services or/ and Value Added Services. “hereinafter called Services”

• Referral Agent includes Aggregator or/and Agent “hereinafter called Associates”

• Market place is our portal or/and mobile app where we have listed independent service providers for availment of services by our clients as per the terms of conditions of concern service providers “hereinafter called Market Place”.

2.     Services and Product:

Please visit us at www.medtravels.in to know in detail about our services and products. This website or/and mobile app (hereinafter also called the "Website or/and mobile app") is controlled and managed by MEDTRAVELS i.e. www.medtravels.in from its offices and its affiliates and/or its authorized healthcare service providers, value added service providers and  associates which are not limited the territory of India. These Terms and Conditions (the "Terms and Conditions" or "Agreement") set forth the terms and conditions of your use of this website or/and mobile app and the products and services (individually and collectively, the "Services") found on this website or/and mobile app.

Whether you are simply browsing this website or/and mobile app or are a MEDTRAVELS customer, your use of this website or/and mobile app or the Services signifies that you have read, understand, acknowledge and agree to be bound by these Terms and Conditions, along with the following policies, which are incorporated herein for reference:

• Disclaimer
• Privacy Policy
• Cookies Policy
• Third-Party Products & Services Policy

Please Note that this is a legally enforceable contract between you and MEDTRAVELS please do not transact with it unless you have read and understood the website or/and mobile app, this document and the documents mentioned in it.

We recommend that you consult a lawyer in case of doubt. You may also have the document translated into your own language, if necessary. If you need any clarification, please let us know and we will Endeavour to help as far as we can. However, any such assistance solicited is not a legal advice, for which, we recommend you get in touch with your lawyer, if the need be.

3. Eligibility:

The website or/and mobile app and the Services are available only to Users who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the website or/and mobile app. By using this website or/and mobile app or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

MEDTRAVELS reserves the right to terminate your user Account and refuse to provide you with access to this website or/and mobile app if MEDTRAVELS discovers that you are incompetent to contract. If you are agreeing to these Terms and Conditions on behalf of a corporate entity or a third party (the "Entity"), you represent and warrant that you have the legal authority to bind the Entity you represent to these Terms and Conditions, in which case the terms "you," "your," "User," or "Customer" shall refer to the Entity so represented.

If, after your agreement to these Terms and Conditions, MEDTRAVELS finds that you do not have the legal authority to bind the Entity, you shall be personally responsible for the obligations contained in these Terms and Conditions, including payment obligations towards MEDTRAVELS, if any.

MEDTRAVELS shall not be liable for any loss or damage resulting from MEDTRAVELS reliance on any instruction, notice, document or communication reasonably believed by MEDTRAVELS to be genuine and originating from an authorized representative of the Entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, MEDTRAVELS reserves the right (but undertakes no duty/ responsibility) to require additional authentication.

4.  Procedure for Registration:

As part of the registration process, you will be required to provide certain personal Information, including contact information, such as your full name, surname, postal address, email address, mobile number, fax number or alternatively log in using their Facebook account.

Under registration process to verify users account, user will have to submit any government issued id card that may be in form of pan card, adhar card, passport, voter id, driving license or any other id card issued by state or central government for identity purpose. Id card issued by appropriate authority should not expire.

You agree to update your Personal Information promptly as needed to keep it current, complete and accurate, and to add such additional information as MEDTRAVELS may reasonably require from time to time. You may access your Personal Information to review, modify or update such information through our Portal or/and mobile app once you are registered with us.

Our Privacy Policy, incorporated herein by reference and available at www.medtravels.in  sets forth the rights and responsibilities with regard to the usage of Personal Information. You agree that we, in our sole discretion, may modify our Privacy Policy and such revised Privacy Policy will be effective upon posting on our website or/and mobile app.

In the event that you provide information about a third party in the course of any registration, you hereby represent and warrant that you have:

• provided notice to that third party of the disclosure and use of the party's information, and
• Obtained that third party's express consent to the disclosure and use of that party's information as set forth herein.

If there is any unauthorized use of your Accounts, you must inform us immediately. You are required to keep your usernames, passwords, and other sensitive information confidential. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Accounts.

Password Requirements: Any password used with the Services (each a "Password" and collectively the "Passwords") must comply with MEDTRAVELS password requirements. Any Password automatically generated (such as through the initial account set-up or a Password reset) or any non-confirming Password must be updated to a Password that complies with the Password Requirement within ten (10) business days. Failure to follow the Password Requirements may result in the manual update of your password by our IT Team at MEDTRAVELS sole discretion. The Password Requirements are as follows:

The Passwords must:

• Be at least 10 characters in length.
• Contain at least three of the alpha numeric character

The Passwords must NOT:

• Have less than 10 characters in length.
• Be a word found in any dictionary (English or foreign)
• Be a word of common usage such as:

                      a.   Names of family, pets, friends, co-workers, fantasy characters, etc.

                      b.   Computer terms, names, commands, sites, companies, etc.

                      c.   Birthdays, addresses or phone numbers.

• Be a letter or number patterns like aabb, qwerty, zyxwvu, 12312, etc.
• Be any of the above spelled backwards.
• Be any of the above preceded or followed by a digit (e.g.,secret1, 1secret)

You must not share your Password with others. If your account is compromised due to your failure to comply with this Agreement, you will be liable to MEDTRAVELS for any damages resulting from the breach.

You agree that your willful provision of inaccurate or unreliable information, willful failure promptly to update information provided to MEDTRAVELS, failure to use a password complying with this agreement, or failure to respond for more than fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with any services shall constitute a material breach which may cause for justification for suspension or termination of such services. We require at least 72 (Seventy-Two) hours to process your request for trouble shooting any issue related to the registration process unless in case of force majeure events which are beyond our reasonable control.

5. Modifications:

MEDTRAVELS reserves the right at all times to discontinue or modify the Terms and Conditions and/or our Privacy Policy, as we deem necessary or desirable without any prior notification.

Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. Any use of the website or/and mobile app after such modifications shall be deemed to constitute acceptance of the modified terms by the End User.

6. Pricing Information:

While MEDTRAVELS is an online web platform or/and mobile app to provide the services directly by the healthcare service providers, value added service providers therefore the user should check and confirm the pricing information directly from the healthcare service providers, value added service providers and associates.

MEDTRAVELS may provide this pricing information on its website or/and mobile app but for accuracy of services & pricing information is the responsibility of user. User should confirm pricing information directly from healthcare service providers, value added service provider. In the event of any disputes MEDTRAVELS shall not be responsible for the accuracy of pricing of information and services mentioned in the website or mobile app. 

MEDTRAVELS does not charge any amount directly from customers for the services available on the MEDTRAVELS website or/and mobile app. Customers directly make payment to healthcare service provider or value added service providers and others. MEDTRAVELS charge only service fees or facilitation fee of the using of the portal and mobile app. such facilitation fees charge by service providers for MEDTRAVELS. Such facilitation fees will refund in case of cancelation of booking or order by healthcare service provider or value added service provider.

MEDTRAVELS adopt payment gateway system to accept or make payment, Payment gateway is a system to facilitates the transfer of information between a payment portal (such as a website, mobile phone or interactive voice responseservice) and the Front End Processor or acquiring bank.

Any financial transaction between Customer, healthcare service provider, value added service provider, associates is subject to their mutual understanding and their responsibility. MEDTRAVELS shall not be responsible or liable for payment made by customers or for the said financial transactions.

7.  Credit Card Details/Debit card Details:

You hereby agree, understand and confirm that the credit card/Debit card details provided by you for availing of services on website or/and mobile app will be correct, accurate and current. Under no circumstances, you shall use a credit card/Debit card, which is not lawfully yours. You further agree and undertake to provide the correct and valid credit card/Debit card details to us.

The card details will not be utilized and shared by us with any of the partners or third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any such credit card/Debit card fraud that is directly attributable to MEDTRAVELS in law. The liability for use of a card fraudulently shall be solely yours and the onus to 'prove it otherwise' shall be exclusively on you. 

8. Fraudulent /Declined Transactions:

In case of fraudulent use of the website, we reserve the right to recover the cost of services, collection charges and legal expenses, including lawyers' fee, from person(s) found to cause such loss. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the website or/and mobile app and any other unlawful act(s) or omission(s) in breach of these terms and conditions. 

9. Cancellations by the Customer:

In case we receive a cancellation notice and the service ordered has not been rendered by us, we shall cancel the order and refund the entire amount after adjusting applicable administrative charges. In case the services(s) ordered has/have already been carried out by us, the same shall not be cancelled, and shall be taken back only in accordance with our return policy on those specifically generated service orders.

10. Cancellation by MEDTRAVELS:

Under certain circumstances, it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include non-availability of staff to provide services at a particular location, inaccuracies or errors in service order generated or pricing information, or problems identified by our credit and fraud avoidance department.

We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount shall be refunded back in your account as per the policy of our Company. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

11. Website or/and mobile app Information Usage:

• That your use of the services provided by MEDTRAVELS, contracted companies, consultants and its affiliates, for lawful purposes only and comply with all the statutory obligations applicable while using the website or/and mobile app and transacting on the website or/and mobile app. 

• You will provide true, accurate, complete and updated information in all instances wherever such information is required from you. MEDTRAVELS, reserves the right to validate and confirm the information provided by you at any point of time. If upon confirmation, your details are found untrue in whole or part then MEDTRAVELS reserves the right as on its sole discretion, to reject the registration and debar you from using the Services of MEDTRAVELS and/or any of its affiliated websites without prior intimation whatsoever. 

• That you will use your own prudent judgment before entering into any transaction through this website or/and mobile app as it shall be at your own risk.

• After placing an order for a service, you shall agree to be bound by the terms and conditions.

• You will not host, display, upload, modify, publish, transmit, update or share any information that:

1. That is harmful, harassing, defamatory, obscene, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;
2. That is misleading or is patently offensive to be shared online such as being sexually explicit content, or content that promotes obscenity, pedophilia, racism, hatred or physical harm of any kind against any group or individual; or
3. That involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or “spamming"; or
4. Interfering with any other person's use or enjoyment of the website or/and mobile app.
5. Misleading in any way; or
6. Infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation any unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
7. Manner or solicits personal information from anyone; or
8. Illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
9. That tries to gain unauthorized access or exceeds the scope of authorized access (as defined  herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the sites or/and mobile app or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the sites or/and mobile app or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
10. Engages in commercial activities and/or sales without our prior written consent from MEDTRAVELS. Throughout these Terms, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; or
11. And enjoyment of similar services; or Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the site or/and mobile app, contains content that would be prohibited or violates the letter or spirit of these Terms or
12. Violates any law for the time being in force; or
13. Deceives or misleads the addressee/ users about the origin of such messages or
14. Communicates any information which is grossly offensive or menacing in nature; or
15. Impersonate another person; or
16. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming  routines that may damage, detrimentally interfere with, diminish value of, or attempt to interfere with the proper working of the website or/and mobile app or any transaction being conducted on the website or/and mobile app; or
17. that is basically provoking sedition in the eyes of the government agencies with regard to the services provided to foreigner availing our services or
18. that disrupts public order or causes incitement to the commission of any Cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
19. that is false, inaccurate or misleading; or
20. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, regulation or for the time being in force; or
21. Creates liability for us or cause us to lose (in whole or in part) the services of our affiliates and other registered service providers.

• You shall not use any automatic device, program, algorithm or   methodology, or any equivalent manual process, to access, acquire, copy      or monitor any portion of the website or/and mobile app or any of its Content, or in any way reproduce or circumvent the navigational structure or presentation of the MEDTRAVELS or any Content, to obtain or attempt to obtain any                materials, documents or information through any means that is                purposely not made available through this website or/and mobile app. we reserve the right to bar any such activity.

• You may not forge headers or impersonate any other individual or entity and otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or/and mobile app or any service offered on or through the website or/and mobile app.

• You may not use the website or/and mobile app or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity that infringes the rights of MEDTRAVELS or its affiliates. You may not reverse engineer, decompile and disassemble any software used to provide the Services.

• You will not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation of MEDTRAVELS or its merchants on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with MEDTRAVELS.

• That solely to enable MEDTRAVELS to use the information so that there are no violation of any rights you might have in your information, you agree to grant a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information. We will only use Your Information in accordance with these Terms and Our Privacy Policy.

• That you will not engage in advertising to, or solicitation of other users of the website or/and mobile app to buy or sell any products or services including but not limited to services related being displayed on or related to the website or/and mobile app. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the website or/and mobile app. It shall be a violation of these T&Cs to use any information obtained from the website or/and mobile app in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the website or/and mobile app without our prior explicit consent. We reserve the right to restrict the number of messages or emails, which a user may send to other users in any 24-hour period, which we may deem appropriate in our sole discretion.

• You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website or/and mobile app) as necessary to satisfy any law, regulation or valid governmental request. In addition, We can (as You have hereby expressly authorized MEDTRAVELS to disclose any information about You to law enforcement or other government officials as We in Our sole discretion believe necessary or appropriate in connection with investigations specially those that may involve personal injury.
• We reserve the right, but have no obligation, to monitor the materials posted on the website or/and mobile app. We shall have the right to remove or edit any Content that in our sole discretion violates or is alleged to violate any applicable law or the spirit or letter of these terms & conditions.

• It should be noted that the content posted does not necessarily reflect our views. In no event, we shall assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website or/and mobile app. You hereby represent and warrant that you have all necessary rights in and to all the Content so posted on the website or/and mobile app.
• We do not approve unauthorized use of the online data but by using the website or/and mobile app you acknowledge and agree that we shall not be responsible for the use of any personal information that you publicly disclose or share with others on the website or/and mobile app. Please carefully select the type of information that you publicly disclose or share with others on the website or/and mobile app or from the website or/and mobile app on other social platforms.

• We will have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in the Distributed Denial of Services as mutually agreed upon to be provided through MEDTRAVELS.

• Interfering or disrupting networks or websites connected to the website or/and mobile app. 

12.  Mode of Communication:

When you visit the website or/and mobile app or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website or/and mobile app. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13.  Compliance with Local Laws:

MEDTRAVELS makes no representation or warranty that the content available on the website or/and mobile app or the Services are appropriate in every jurisdiction and access to the website or/and mobile app or the Services from other jurisdictions where its content is illegal is prohibited. If you choose to access the website or/and mobile app or the Services, you are responsible for compliance with all local laws, rules and regulations. You are solely responsible for complying with such statutes, rules and regulations and any local privacy laws that may apply to you.

14.  Website or/and mobile app Contents:

• All the components of user interface including visuals, photographs, trademarks, logos, sounds, artwork and computer code ("Content"), including but not limited to the design, arrangement, coordination, expression, the overall "look and feel" of such “Content”, contained on the website or/and mobile app is owned, controlled or licensed by or to “MEDTRAVELS”, and is protected by intellectual property laws in force within the jurisdiction concerned of our website or/and mobile app.

• Except as expressly provided in these Terms, no part of the website or/and mobile app or its Content may be copied, reproduced, republished, uploaded, publicly displayed, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without our express written consent.

• You may use information on our services by downloading from our website or/and mobile app, provided that you:

1. do not remove any proprietary language used in all copies of such documents provided by us or
2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
3. make no modifications to any such information; or
4. Do not make any additional representations or warranties relating to such documents.

• You will be responsible for any notes, messages, e-mails, billboard postings, photos, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the other Sites not authorized by us (“Posted Content”). Such Posted Content will become our property and you grant us the perpetual and transferable rights in such Posted Content. Though we shall not be responsible for the Posted Content in case of any liability of whatsoever nature towards anybody not just towards you but also towards any third party.

• We will use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, including the creation of any derived out of the already existing information including the Posted Content. You agree that any of that content may be used by us in the manner that we deem fit are consistent with Applicable Laws and you are not entitled to any payment or other compensation for such use of Posted Content by Us.

15.  Limitation of Liability:

In no event shall MEDTRAVELS, its subsidiaries, its parent companies, its officers, directors, associates, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including but not limited to any loss of data and loss of profits, arising from or relating to:

• The accuracy, completeness, or content of the website or/and mobile app or services,
• The accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to this website or/and mobile app or the services,
• The services or the services found at any websites linked (through hyperlinks, banner advertising or otherwise) to the website or/and mobile app,
• personal injury or property damage of any nature whatsoever,
• third-party conduct of any nature whatsoever,
• any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,
• Any interruption or cessation of services to or from the website or any websites linked (through hyperlinks, banner advertising or otherwise) to the website or/and mobile app,
• Any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the website or any websites linked (through hyperlinks, banner advertising or otherwise) to the website or/and mobile app,
• Any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, "X-rated", obscene or otherwise objectionable, and/or
• Any loss or damage of any kind incurred because of your use of the website or/and mobile app or the services found at the website or/and mobile app, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not MEDTRAVELS is advised of the possibility of such damages.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to the website or/and mobile app or the services must be initiated within one (1) year after the cause of action accrues, failing which such cause of action shall be permanently barred.

Furthermore, you specifically acknowledge and agree that in no event shall MEDTRAVELS's total aggregate liability under these Terms and Conditions exceed the amount paid by you for the particular Services that are the subject of the cause of action in the twelve (12) month period preceding the events giving rise to such liability.

MEDTRAVELS shall not be responsible, liable of any kind of discrepancies between customers, healthcare service provider, value added service provider and associates.

The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms and conditions or your use of the website or the services.

MEDTRAVELS shall not be responsible for rates of services or pricing information offered by Healthcare Service Provider, Value Added Service Provider and Associates to the Customers or Patient. MEDTRAVELS shall not take any responsibility or liability for such rates or services.

MEDTRAVELS shall not be responsible for inclusions and exclusions of the services offered by Healthcare Service Provider, Value Added Service Provider,

MEDTRAVELS shall not be responsible for process of e-visa and will not offer any guarantee pertaining to the services.

MEDTRAVELS shall not be responsible for rates of services offered by Healthcare Service Providers and Value Added Service Providers.

MEDTRAVELS does not charge any commission from Healthcare Service Provider, Associates for their services provided to their client or patient. Therefore MEDTRAVELS shall not be responsible for amount paid by customers to directly Healthcare Service Provider and Associates.

MEDTRAVELS doesn’t hold any responsibility of personal safety & security of patient or their relatives during or after the treatment.

MEDTRAVELS does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, or legality of Services provided by Healthcare Service Providers, Value Added Service Provider,  Associates and.

MEDTRAVELS does not guarantee for the truth or accuracy of advertisements on website or/and mobile app , the qualifications, background, or identities of doctors, the ability of Healthcare Service Providers including Doctors to deliver Services to the Clients MEDTRAVELS does not give guarantee for the ability of doctors to pay compensation amount. 

16. Severability:

If any part of these terms is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms will continue in effect.

17.  Intellectual Property:

You, the Customer, shall acknowledge that all rights, title and interest in any or all technology used, including the software and any customer recommendations, that is part of or provided with the Services and any trademarks or service marks of MEDTRAVELS or third parties utilized in connection with the Services (collectively, MEDTRAVELS’s Intellectual Property") are vested in MEDTRAVELS and/or in MEDTRAVELS's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the Intellectual Property belonging to MEDTRAVELS.

You, the Customer, shall not copy, modify or translate the MEDTRAVELS Intellectual Property or related data, or decompile, disassemble or reverse engineer the MEDTRAVELS Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right or to do so. MEDTRAVELS may not use Customer's name, trademarks, trade names or other proprietary identifying symbols without the prior written consent of Customer, except that, unless otherwise specified on the Service Order, MEDTRAVELS may use Customer's name on a list of sample customers for marketing purposes.

18.  Force Majeure:

MEDTRAVELS shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement or any applicable assignment/work, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of MEDTRAVELS including but without limitation,

• acts of God, flood, fire, earthquake or any other natural calamity;
• Any kind of governmental actions,
• Technological failure resulting in delay or inability of providing of services by the concerned service provider;
• War, invasion or hostilities (whether war is declared or not);
• Terrorist threats or acts, riot, or other civil unrest, national emergency;
• Revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or
• Restraints or delays affecting carriers or inability or delay in obtaining services, telecommunication breakdown or power outage. 

If the event in question continues for a continuous period in excess of 180 days, Customer shall be entitled to give notice in writing to the Service Provider to terminate this Agreement or the applicable terms.

MEDTRAVELS shall not be responsible for any wrong full act done by healthcare service provider, value added service provider and  associates against clients or users. MEDTRAVELS shall not provide any compensation and any other remedy to said Customer. MEDTRAVELS is only online website or/and mobile app platform or market where Customer and Service Providers directly deal with each other. MEDTRAVELS does not take any responsibility of any mishap arising in course of business.

19.  Customer Grievance Redressal Policy:

If you are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact our customer care at …………………………………………..The procedure of escalation of complaints shall be as follows:

1.  Escalation Level – 1:

Write to …………………..

Response Time: Seven (7) Business Days

2.  Escalation Level – 2:

Write to Nodal Officer

To,

Attn: ……………………………….. Pvt Ltd

                   Address: …………………………………………..

                   E-mail: ……………………………….

          Response Time: Fifteen (15) Business Days Miscellaneous:

20.  Miscellaneous:

1. Governing Law: The Terms and Conditions shall be governed by and construed in accordance with the law(s) enforceable in India. You agree that any action relating to or arising out of these Terms and Conditions shall be brought in the courts of New Delhi (India), and you hereby consent to and waive all defenses for lack of valid jurisdiction and a forum non convenient with respect to jurisdiction and venue, if any dispute occurs and any of the courts/forum/authority in New Delhi is approached for adjudication.
2. Notice:  All notices from MEDTRAVELS shall be deemed received by Customer when sent by MEDTRAVELS to Customer's current email contact on record or posted on MEDTRAVELS Portal or/and mobile app. Customer is solely responsible for ensuring their contact information remains updated.
3. Contacting MEDTRAVELS: If you have any questions about these Terms and Conditions, please contact us by visiting our website’s or/and mobile app Customer Care. Our response(s) to any of the queries or questions with respect to the instant agreement shall not be deemed 'legal advice'.

Your use of the Services shall commence upon purchase pursuant to the instructions set forth in the online Services ordering process (the "Effective Date").The Term for the Services is set forth in your original order (the "Service Order") and unless otherwise modified, your services shall automatically renew for subsequent Renewal Terms unless cancelled by you through the Cancellation Procedures of MEDTRAVELS.

You may create a Service Order by ordering services on our website or/and mobile app. All Renewal Terms will be at MEDTRAVELS’s discretion, In order to cancel your Services, you must provide notice of Termination to MEDTRAVELS by providing appropriate online communication.

In addition, MEDTRAVELS may suspend, transfer, modify and/or terminate your Services at any time for any of the following reasons, which transfer, suspension, or termination (irrespective of its cause) shall not relieve you of your obligation to pay the fees for the Services:

• If you breach or violate any of the Terms and Conditions in this agreement.
• If you breach or violate MEDTRAVELS Acceptable Use Policy.
• If you fail to pay, any amounts owed to MEDTRAVELS on or before the date, they are due.
• In response to an order from a court of competent jurisdiction, or arbitration award.

Lastly, a portion of related Services may be terminated or modified upon either the termination of the underlying agreement between MEDTRAVELS and the vendor providing third-party services or if MEDTRAVELS determines that the Services no longer meet MEDTRAVELS specifications or standards. MEDTRAVELS may, at its sole discretion, replace these related Services with other Services that provide a comparable value. MEDTRAVELS reserves the right to modify, change, or discontinue any aspect of the website or the Services, including without limitation prices and fees for the same, at any time without prior notice.

This document is an electronic record in terms of Information Technology Act, 2000, and the rules framed there under are applicable, along with the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Being a system-generated document, it does not require any physical or digital signatures.

Mednexus Travel4health Private Limited (herein after called (“MEDTRAVELS”) is a company registered under Companies Act, 2013, and MEDTRAVELS is an online market place, which facilitates Customers/ Patients requiring Healthcare Services to directly contact the professional Healthcare Service Providers through a user friendly web interface or/and mobile app.

MEDTRAVELS is a technical robust platform which helps to choose doctors, hospitals and allied services like e-visa, air ticket, rail ticket, taxi, hotel (accommodation) and ordering pharmacy according to location, level & budget. 

MEDTRAVELS is an online market place or platform available to its customers or clients to provide Healthcare Service through Healthcare Providers.

In this context, MEDTRAVELS shall provide online web portal or/and mobile app to healthcare service provider to provide healthcare services to Patients or Customers of MEDTRAVELS. 

1.  Definitions:

• MEDTRAVELS means Mednexus Travel4health Private Limited and its portal or/and mobile app i.e. www.medtravels.in “hereinafter called MEDTRAVELS”

• Customer includes Patient, Client, user or any other legal entity registered on the MEDTRAVELS web portal or/and mobile app i.e. www.medtravels.in for availing the services mentioned in MEDTRAVELS. “hereinafter called Customer”

• Healthcare Service Provider includes Doctor, Allied Practitioners i.e. Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist and Optometrist, Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy. “hereinafter called Healthcare Service Provider”

• Healthcare Services includes Services by Doctors, Allied Practitioners, Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist and Optometrist, Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e.     Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy Services “hereinafter called Healthcare Services”

• Value Added Service Provider includes Tour Operator, Travel Booking Agent, Taxi Services Provider, Accommodation Services Facilitator, Pharmacy Service Provider, Interpretation Services Provider “hereinafter called Value Added Service Provider”

• Value Added Services includes Travel Booking services, Taxi Services, Accommodation Services, Tour Operator Services, Pharmacy and Interpretation Services. “hereinafter called Value Added Services”

• Referral Agent includes Aggregator or/and Agent and others “hereinafter called Associates”

• “Healthcare Services” Healthcare Services includes services provided by Doctors, Allied Practitioners, Nursing Homes, Hospitals, Diagnostic Service Providers, and Ambulance Service Providers “hereinafter called Healthcare Services”

• Market place is our portal or/and mobile app, where we have listed independent service providers for availment of services by our clients as per the terms of conditions of concern service providers “hereinafter called Market Place”.

• Terms and Conditions of Healthcare Service Providers includes the word Agreement i.e. agreement with healthcare service provider.

2.  Scope:

The Healthcare Service Provider agrees to perform the Services described in the Healthcare Service Provider Agreement and these terms and conditions together considered as the Agreement.

Healthcare Service Provider shall furnish the MEDTRAVELS with written reports and documentation as per prescribed format by MEDTRAVELS time to time. Healthcare Service Provider agrees to furnish all labor, equipment, parts, materials and other services related details as are necessary and/or appropriate to provide the Healthcare Services as time is the essence of this industry.

Healthcare Service Provider shall maintain a sufficient quantity of the necessary manpower, equipment, parts, materials etc. to avoid delays in the providing Healthcare Services to the clients of MEDTRAVELS.

Further are the terms and conditions set out for all those Healthcare Service Provider who are registered with MEDTRAVELS to provide Healthcare Services to the customers or patient connected to MEDTRAVELS though our website or/and mobile app developed for the purpose. Please visit us at www.medtravels.in to know in detail about the Healthcare Service.

3.  Eligibility of entering Contract:

This Terms and Conditions are applicable only to those Healthcare Service Providers who can form legally enforceable contracts under the applicable laws. If you agree to these Terms and Conditions on behalf of a corporate entity or a third party (the "Entity"), you represent and warrant that you have the legal authority to bind the Entity to these Terms and Conditions, in which case the terms "you," "your," "User" shall refer to the Entity.

Healthcare Service Provider will open their Healthcare Service Provider Account at MEDTRAVELS web portal or/and mobile app. After verification of relevant documents for account opening purpose, this account shall be opened with MEDTRAVELS portal or/and mobile app based on compliance of requirement as stipulated by management of MEDTRAVELS from time to time, management of MEDTRAVELS shall fix some fees to account opening purpose, as may be decided by management of MEDTRAVELS. Admin department may approve Healthcare Service Provider Account if appropriate or properly documents are submitted.

MEDTRAVELS shall not be responsible for any of personal and professional information submitted by Healthcare Service Provider for the account verification and opening purpose at MEDTRAVELS web portal or/and mobile app. Further MEDTRAVELS shall not be responsible for accuracy of data or information submitted by Healthcare Service Provider, MEDTRAVELS doesn’t provide any surety or takes any guarantee for correctness of information submitted.

After approval of account, Healthcare Service Provider will setup their account and profile by entering details such as treatment cost, package, and profiles of doctors etc.

Healthcare Service Provider can upload up to 5(Five) packages free of cost but uploading of packages beyond 5 shall be chargeable on MEDTRAVELS website or/and mobile app.  These 5 packages are totally free for healthcare service provider as on date, but these 5 packages may be chargeable in future on the basis of decision taken by management of MEDTRAVELS.  

Further if any Personal or Professional information those are relevant to this term and conditions have changed then Healthcare Service Provider shall intimate to MEDTRAVLS about such changes of information within 7 days of the changes occurred.

Healthcare Service Provider may access to all the details of registered Associates and further may send request them to become partner alongwith the essential terms & conditions i.e. signing of separate agreement between Healthcare Service Provider and Associates.

If, after your agreement to these Terms and Conditions, MEDTRAVELS finds that you do not have the legal authority to bind the Entity, you will be personally responsible for the obligations contained in these Terms and Conditions, including any payment obligations. Further MEDTRAVELS reserves the right to discontinue the account from their website or/and mobile app.

Whereas the Associates accept the terms & conditions or agreement with Healthcare Service Provider, Healthcare Service Provider becomes its empanelled Associates then Associates may starts to send their clients or patients to the Healthcare Service Provider.

Healthcare Service Provider shall maintain optimal infrastructure i.e. effective manpower, space, sufficient equipments, infrastructure and technologies and competent staff to provide healthcare services to MEDTRAVELS Clients or Customers.

MEDTRAVELS shall not be liable to Healthcare Service Provider for any loss or damage resulting or arising from your reliance on any instruction, notice, document or communication reasonably believed by MEDTRAVELS to be genuine and originating from an authorized representative of the Entity. If there are reasonable doubt about the authenticity of any such instruction, notice, document or communication, MEDTRAVELS reserves the right (but undertakes no duty) to require additional authentication. 

4.  Payment:

MEDTRAVELS provides online platform to facilitate availability of Healthcare Services to Clients or Patients through the network of the Healthcare Service Providers registered with MEDTRAVELS.

In order to provide these services it may charge service fees from the customers but shall not be responsible for any payment to the Healthcare Service Provider unless expressly agreed in writing in the Agreement and as per the terms mentioned therein.

Pricing information about packages on MEDTRAVELS website or/and mobile app may be changed from time to time on the discretion of management of MEDTRAVELS.

The Healthcare Service Provider ensures payments to MEDTRAVELS, if any and shall have no right to withhold payment to MEDTRAVELS even if Healthcare Service Provider fails to perform any of its contractual commitments and because of which customer does not make any payments to Healthcare Service Provider or claim any penalty or claim against the Healthcare Service Provider.

5.  Warranties:

Healthcare Service Provider represents and expressly warrants as follows:

• Legal Obligation: These terms and conditions have been duly authorized, executed, and delivered constituting a valid and binding obligation on the Healthcare Service Provider and are fully enforceable against them in accordance with its terms. Further, these terms and conditions are not in conflict with any other agreement by which Healthcare Service Provider may be bound.

• Acceptance of Responsibilities: Healthcare Service Provider agrees and accepts any responsibility, which may arise because of any deficiency of services to the customers/clients, Patients and accordingly, Healthcare Service Provider accepts its responsibilities under this terms and conditions with no representations or warranties whatsoever by the MEDTRAVELS relating to the customer.

• Services: The Healthcare Services shall be performed in a professional manner, confirming to the highest standards of the industry and the performance criteria provided under this Terms and Conditions, Healthcare Service Provider shall compliance with all requirements of applicable International, National, state and/or local laws, regulations, rules, and ordinances (collectively “Laws”) and laws of country where Healthcare Service Provider residing. The Services shall be performed by licensed, fully qualified, well trained, and properly equipped personnel.

Healthcare Service Provider represents that the services offered under these terms and conditions to the customers/clients i.e. Healthcare Service Provider shall handle Patients registered on MEDTRAVELS.

Healthcare Service Provider shall have capabilities for the same and accordingly confirm to all specifications for the same, any documentation provided by the Healthcare Service Provider thereof, shall be according to the performance criteria and other descriptions provided under this terms and conditions.

6.  Governing Law:

These Terms and Conditions, and the interpretation, construction and enforceability hereof, and all rights and obligations of the parties, whether arising under this Terms and Conditions or otherwise, shall be governed by and construed in accordance with the laws of the India, without giving effect to its principles of conflict of laws.

The sole and exclusive jurisdiction and venue for resolution of any disputes between the parties shall be New Delhi (India) and each of the parties hereby submits to, and waives objection to, the jurisdiction and venue of such courts.

7.  Compliance with Laws:

• General: Healthcare Service Provider  warrants that in performance of this Terms and Conditions it has complied and will comply with all Laws, orders and decrees and with the MEDTRAVELS policies and procedures that have been made available to Healthcare Service Provider in writing or electronically.
• Debarment: Healthcare Service Provider certifies by entering into this transaction, that neither it nor its principals is currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any competent agency.

• Permits: Healthcare Service Provider obtain at its expense and shall give all notices required by, and comply with, all governmental licenses, permits, inspections, and approvals required for its work, including but not limited to those required by the MEDTRAVELS. 

• Fines: Healthcare Service Provider shall pay any fines or penalties assessed against the MEDTRAVELS to the extent the assessment of such fines or penalties results from Healthcare Service provider’s delay or failure in performing its obligations under this Terms and Conditions.

8.  “MEDTRAVELS” acts or Omissions:

If MEDTRAVELS performance of its obligations under this Terms and Condition  is prevented or delayed by any act or omission of Healthcare Service Provider or its agents, subcontractors, consultants or employees.

MEDTRAVELS shall not be deemed in breach of its obligations under this Terms and Conditions or otherwise liable for any Costs, charges or losses sustained or incurred by Healthcare Service Provider, in each case, to the extent arising directly or indirectly from such prevention or delay.     

9.  Anti-Corruption:

Healthcare Service Provider agrees that they shall not  receive  or offer any illegal or improper bribe, kickback, gift, or thing of greater than nominal value from any MEDTRAVELS employees or agents in connection with this Terms and Conditions. Healthcare Service Provider will use reasonable efforts to promptly notify MEDTRAVELS if Healthcare Service Provider learns of any violation of the above restriction.

10.  Protection of Property: 

Healthcare Service Provider shall retain all risk of loss or damage to all equipment and other property in the possession or under the control of Healthcare Service Provider or any of its employees, agents, representatives, subcontractors, or others for whose conduct Healthcare Service Provider shall be responsible.

Healthcare Service Provider shall take all necessary precautions to protect the MEDTRAVELS property from loss or damage, and shall, at the MEDTRAVELS option, repair or replace, at its own expense to the MEDTRAVELS satisfaction, any property lost or damaged by Healthcare Service Provider or its employees, agents, representatives, subcontractors, or others for whose conduct Healthcare Service Provider may be responsible. Alternatively, the MEDTRAVELS may at its option repair or replace such property at the Healthcare Service Provider’s expense.

11.  Non Liability:

MEDTRAVELS shall not hold any pecuniary liability to compensate the customer or Patient, if any Healthcare Service Provider fails to perform the agreed services within the reasonable time limit.

MEDTRAVELS shall not be responsible for rates of services and pricing information offered by Healthcare Service Provider to the Customers or Patient. MEDTRAVELS shall not take any responsibility or liability for such rates.

MEDTRAVELS shall not be responsible for inclusions and exclusions of the services offered by Healthcare Service Provider. 

Modification of Terms & Conditions:

MEDTRAVELS reserves the right to make changes in these terms and conditions at its own discretion. Changes made in the Terms and Conditions from time to time would be informed you accordingly.

12.  Independent Healthcare Service provider:

Healthcare Service Provider is and shall perform this terms and conditions as an independent Healthcare Service Provider and, as such, shall maintain complete supervision and control over all employees, agents, subcontractors, and operations. Neither party shall have the authority to bind the other party

13.  Confidentiality:

The MEDTRAVELS may disclose to Healthcare Service Provider, or Service provider may obtain access;

• To develop or create non-public documents or information about the MEDTRAVELS its employees, agents, partners or representatives, or third parties, including without limitation, personal information, charge card and/or

• Credit data, work product resulting from the services provided, proprietary and confidential information or material concerning or

• Related to the MEDTRAVELS general academic, institutional affairs or other proprietary operations (“Confidential Information”). Healthcare Service Provider acknowledges the confidential character of the Confidential Information, and agrees and acknowledges that the Confidential Information is the sole, exclusive and valuable property of MEDTRAVELS.

Healthcare Service Provider is required to maintain Confidentiality for all the Information provided as strictly confidential and agrees not to reproduce or divulge any of the Confidential Information without the MEDTRAVELS prior written consent and not to use the Confidential Information except in the performance of this Terms and Conditions, whether during or after the term of this Agreement.

All Confidential Information shall remain the property of the MEDTRAVELS. Upon MEDTRAVELS request, Healthcare Service Provider will return or destroy copies of Confidential Information from Healthcare Service Provider’s possession, except as is needed to comply with applicable Laws;

Healthcare Service Provider shall continue to be bound by above paragraph with respect to any retained Confidential Information. Healthcare Service Provider must implement, maintain, and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all Confidential Information, be it electronic or hardcopy and provide the MEDTRAVELS with a copy upon request.

14.  Indemnity

If Healthcare Service Provider fails to provide:

• Proper or Appropriate Services;
• Good Quality of Services;
• Quality of Service As per Concerned Territorial Medical Association and Global Health Standards;
• Efficient Services to the customer; and
• Services as per agreed with Customer or Patient;

Further due to above inferior quality services any customer or patient get serious, injured or dead then MEDTRAVELS and its employees, directors, officers, agents, successors and assignees shall not be responsible for such services provided by healthcare service provider.

MEDTRAVELS shall not provide any compensation or any other remedy to such Customer or patient.

MEDTRAVELS is an only online platform or market place where Customer and Healthcare Service Provider directly deal with each other. MEDTRAVELS does not take any responsibility of any mishap arising in course of business.

MEDTRAVELS shall not be responsible or liable for any claims, losses, damages, injuries or other liabilities of any kind whatsoever, arising on account of, or in connection with, the exercise by Healthcare Service Provider of any rights granted hereunder, or for any other acts, faults or omissions of or attributable to Healthcare Service Provider, including but not limited to any liability for use of the Authorized Trademarks by Healthcare Service Provider, and

Healthcare Service Provider shall defend, indemnify, release and hold MEDTRAVELS and its Associated Companies harmless from and against all such claims, losses, damages, injuries and other liabilities.

In no event shall MEDTRAVELS be liable for any special, incidental or consequential damages of any kind whatsoever arising out of or related to the use of the said Authorized Trademarks whether based on warranty, contract, tort or any other legal theory, and whether or not MEDTRAVELS was previously advised of the possibility of such damages.

15.  Intellectual Property:

• Healthcare Service Provider warrants that the use of material and any other goods furnished hereunder shall be free and clear of infringement of any valid patent, copyright, trademark, trade secret, or other proprietary right. Healthcare Service Provider shall indemnify and hold the MEDTRAVELS harmless from any and all liability and/or loss of any kind (and the costs and expenses, including without limitation attorney’s fees) arising out of any claim, suit or action alleging or arising out of any such infringement, which claim, suit or any other legal action to compromise or defend at the MEDTRAVELS request.

• All right, title, and interest in and to all data and all copyrights in all deliverables, writings, documents, reports, papers, tabulations, and other works written or made by Healthcare Service Provider in the course of performing the Services shall become and remain the sole exclusive property of the MEDTRAVELS. The Healthcare Service Provider hereby transfers and assigns all of its right, title and interest in and to all such data and intellectual property to the MEDTRAVELS.

16.  Subletting or Assignment:

Healthcare Service Provider shall not use subcontractors to perform any Services under this Terms and Conditions without the prior written consent of the MEDTRAVELS. Any reference to subcontractors herein shall not be deemed to authorize the use of subcontractors, unless expressly so stated.

Healthcare Service Provider shall not assign any of its rights (including without limitation the right to any moneys due or to become due) or delegate any of its obligations under this Agreement without the prior written consent of the MEDTRAVELS.

Any permitted assignment by Healthcare Service Provider of any monies due or to become due shall be subject to set-off, recoupment or other claim of the MEDTRAVELS against Service provider. Service provider shall retain full responsibility for the performance of this Terms and Conditions notwithstanding any permitted use of subcontractors, assignment of rights or delegation of duties. Healthcare Service Provider shall be liable to the MEDTRAVELS for the acts and omissions of its subcontractors and assignees.

17.  Termination

• Termination by MEDTRAVELS: The MEDTRAVELS reserves the right to terminate this Terms and Conditions, in whole or without any prior written notice to Healthcare Service Provider.

• Additional Rights and Remedies: In the event of termination of this Agreement, Healthcare Service provider shall cease work, shall provide MEDTRAVELS with a list of all unperformed services, and shall take such action relative thereto as Healthcare Service Provider may be directed by the MEDTRAVELS.

• In the event of termination of this Agreement by the Healthcare Service Provider for cause, the MEDTRAVELS may require to finish any pending work at Healthcare Service Provider’s expense by whatever method the MEDTRAVELS may deem expedient, and the MEDTRAVELS shall have the right to take possession of all of Healthcare Service Provider’s, equipment, tools, and machinery at the work site for such purpose of recovering the loss caused by the termination of contract with MEDTRAVELS. The MEDTRAVELS shall pay for work satisfactorily performed by Healthcare Service Provider, reserving the right to set off any payments due to the MEDTRAVELS under this or any other agreement with Service Provider.

• MEDTRAVELS shall have no further liability as a result of termination of this Agreement in accordance herewith. The rights and remedies of the MEDTRAVELS under this Section are not limited and are in addition to any other rights and remedies permitted by law or in equity.

18.  Notices

All notices, requests, consents, claims, demands, waivers and other communications hereunder ("Notice") shall be in writing and addressed to the parties at the addresses that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, certified couriers service (with all fees pre-paid), telex, email, fax, or registered post.

19.  Miscellaneous

• Acceptance: By its execution hereof or by beginning to provide the Services, Healthcare Service Provider agrees to the provisions hereof and shall be subject to these terms and conditions. Any terms and conditions proposed by Service Provider inconsistent with or in addition to these terms and conditions shall be void and of no   effect unless the MEDTRAVELS specifically agrees to such terms   and conditions in writing. In case of any conflict within this terms and conditions, including the Exhibits, or with any document referred to herein, the provisions most favorable to the MEDTRAVELS shall prevail.
• Entire Agreement: The terms and conditions of this Agreement constitute the entire agreement between the MEDTRAVELS and The Healthcare Service Provider. No oral agreement or understanding or prior written agreement or document relating to the subject matter of this Agreement shall be considered part of this Agreement, and the same shall be deemed superseded by this Agreement.
• Amendment: This terms and conditions may be amended only in writing by duly authorized representatives of the parties hereto. No waiver of any provision of this terms and conditions 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.
• Remedies: The rights of both parties hereunder shall be in addition to their rights and remedies at law or in equity.
• Severability: If any part of this Agreement is adjudged by a court of competent jurisdiction to be invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.
• Survival of terms: The provisions of these Terms and Conditions, including without limitation those relating to indemnification and confidentiality, shall survive the expiration or termination of this Agreement to the extent necessary to provide the full benefit thereof consistent with applicable statutes of limitations.
• Non-exclusivity: No part of this Agreement shall be construed as limiting either party from contracting with another person(s) or entity for the same or similar services covered by this Agreement.
• Use of Names: Healthcare Service Provider shall not use any name, logo, emblem of the MEDTRAVELS or any of its trustees, officers, employees, representatives or agents, or any adaptation, variation or abbreviation thereof, in any brochure, publication, or advertisement without securing the prior written approval of the MEDTRAVELS.
• Personnel Identification: All Personnel, Representative, Employees shall carry identity card provided by Healthcare Service Provider. identity card shall contains a photograph of such personnel and states their full name, company name, address, telephone number, name of immediate supervisor, and, if required, the also mentioned in card the identification number assigned to Healthcare Service Provider by the MEDTRAVELS. Healthcare Service Provider personnel shall wear appropriate uniforms as provided by Healthcare Service Provider.
• Payment Issues:  We are an online platform and shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the arrangement between the Customers or Patient and Healthcare Service Provider to this Terms and Conditions.

MEDTRAVELS shall not be responsible for the following transactions:

• Financial Transactions between Customers or Patient with Healthcare Service Provider is subject to their mutual understanding and terms & conditions.
• Financial Transactions between Healthcare Service Provider and Associates. 

MEDTRAVELS shall not be responsible for the transaction mentioned above. MEDTRAVELS does not hold any pecuniary liability of any kind of discrepancies if any arises among Customers, Healthcare Service Provider and Associates related to financial transactions.

THIS SERVICE AGREEMENT (“Agreement”) is entered into on…………day of………, 2016 by and between

………………………………………..(Name of Healthcare Service Provider),  a Company registered under the Companies Act, 2013 having Its Registered Office at …………………………………………………………..  And Principal place of business at …………………………………………… hereinafter referred to as “SERVICE PROVIDER”, (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include their respective successors, assigns and affiliates) of the FIRST PART

And

………………………. (Name of Associates),  a Company registered under the Companies Act, 2013 or S/o, having its registered office at/ resident address at ……………………………………………hereinafter referred to as “Associates” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include their respective successors, assigns and affiliates) of the OTHER PART

SERVICE PROVIDER and ASSOCIATES are hereinafter individually referred to as “Party” and collectively as “Parties”.

WHEREAS

• Service Provider is engaged inter alia in the business of providing services by Doctors, Allied Practitioners i.e. Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist and Optometrist Diagnostic Service Provider, Nursing Home, Hospital, Pharmacy People, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy.

• While Associates are agrees to share their Clients or Patients details with Healthcare Service Provider to perform the Services as mentioned below.

• Further Healthcare Service Providers shall provide services as required by Clients on the Basis of their location, level and budget.

• Healthcare Service Provider shall maintain a sufficient quantity of the necessary manpower, equipment, parts, materials etc. to avoid delays in the providing Healthcare Services to the clients of associates.

DEFINATIONS

• Healthcare Services: Healthcare Services includes Services by Doctors, Allied Practitioners, Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist, Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy Services.

• Agreement: Agreement means this Service Agreement incorporated between Healthcare Service Provider and Associates.

1.  TIMELY PERFORMANCE:

Service Provider agrees to timely serve required services by clients of Associates

2.  SUPPLY OF SERVICES:

• After mutually agreeable services between Service Provider and Associates. Service provider shall serve required services according to the specifications and requirements of this Agreement.

• All services rendered by Service Provider shall be as per concerned Territorial Medical Association, Global Health Standards and shall be performed in accordance with region or area where the services are to be performed.

• Service Provider shall maintain its equipment in operating condition at all times and shall use commercially reasonable means to control and prevent any damage while providing the services. During the time of performance of services if any instruments, material or other equipment get damaged or loss Service Provider shall not claim on Associates and Associates shall not liable for such loss or damage.

3.  INDEPENDENT SERVICE PROVIDER

Service Provider shall be deemed an independent Service Provider with respect to any and all services performed under this Agreement. It is the express understanding and intention of the parties that no relationship of master and servant or principal and agent shall exist between Associates or employees or representative between them.

4.  COMPLIANCE WITH LAWS:

Both Parties agree to comply with all laws, rules, and regulations applicable to this Agreement or the performance of services hereunder. 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.

5.  WARRANTIES:

• Acceptance of Responsibilities: Service provider agrees and accepts any responsibility, which may arise because of any deficiency of services to the customers/clients of associates.  Service provider accepts its responsibilities under this Agreement.

• Services: The Services shall be performed in a professional manner, confirming to the highest standards of the industry and the performance criteria provided under this agreement, Service Provider shall compliance with all requirements of applicable National, state and/or local laws, regulations, rules, and ordinances (collectively “Laws”). The Services shall be performed by licensed, fully qualified, well trained, and properly equipped personne6.l.

6.  GOVERNING LAW

These Agreement, and the interpretation, construction and enforceability hereof, and all rights and obligations of the parties, whether arising under this Agreement or otherwise, shall be governed by and construed in accordance with the laws of the India, without giving effect to its principles of conflict of laws.

The sole and exclusive jurisdiction and venue for resolution of any disputes between the parties shall be Court of the place of Healthcare Service Provider located or situated and each of the parties hereby submits to, and waives objection to, the jurisdiction and venue of such courts.

7.  TAXES AND CLAIMS:

• Service Provider agrees to pay all taxes, licenses, and fees levied or assessed on Service Provider incident to the performance of this Agreement by any governmental agency and unemployment compensation insurance, old age benefits, social security, or any other taxes upon the wages of Service Provider, its agents, employees, and representatives.

• Associates agrees to pay all taxes, licenses, and fees levied or assessed on associates incident to the performance of this Agreement by any governmental agency and unemployment compensation insurance, old age benefits, social security, or any other taxes upon the wages of associates, its agents, employees, and representatives.

8.  ANTI-CORRUPTION:

Service provider agrees that they will not receive or offer any illegal or improper bribe, kickback, gift, or thing of greater than nominal value from any associates employees in connection with this agreement. 

9.  PROTECTION OF PROPERTY:

Parties shall retain all risk of loss or damage to all equipment and other property in the possession or under the control of them or any of its employees, representatives, subcontractors.

10.  MODIFICATION OF AGREEMENT:

Any Party may make changes in this Agreement only after discussion with other party. No party shall make changes in this agreement without consent of other party.

11.  INDEPENDENT SERVICE PROVIDER:

Service Provider is and shall perform this Agreement as an independent Service Provider and, as such, shall maintain complete supervision and control over all employees, agents, subcontractors, and operations. Neither party shall have the authority to bind the other party.

12.  PAYMENT CLAUSE:

Associates shall received consideration amount from Healthcare Service Provider while associates will disclose their Clients or Patients details with Healthcare Service Provider.

Associates will get their consideration amount, as per agreed terms with service provider for the services which shall be taken by clients or patient of associates.  This consideration amount may be vary on the volume of clients or patients provided by associates to service providers.

13.  CONFIDENTIALITY:

The each party of this agreement may disclose to each other and other party may obtain access;

• To develop or create non-public documents or information about the parties its employees, agents, partners or representatives including without limitation, personal information, charge card and/or
• Parties agree to maintain Confidential Information is shared by each other during the course of business. Parties agree to not reproduce or divulge any of the Confidential Information without the prior written consent of each other. Parties shall not use the Confidential Information except in the performance of this agreement whether during or after the term of this Agreement.

14.  TERMINATION:

This Agreement may be terminated by any Party of this agreement but only after giving 1 month prior written notice to other party. In the event of termination of this Agreement, Service provider shall provide list of all unperformed services to associates.

15.  NOTICES/ COMMUNICATIONS:

Any notice and other communications provided for in this Agreement should be in writing and should be first transmitted by postage, prepaid registered post, email, fax or reliable courier with acknowledgement due followed by facsimile transmission duly confirmed.

The address for the purpose of notice shall be:

1. Service Provider:

Attn.: ………………

         ……………………… Private Limited

2. Associates:

Attn.: ………………………………

                      ……………………………. Limited

All notices should be deemed to have been validly given on (a) receipt of postal acknowledgment, if sent by registered post or courier or (b) immediately, upon receipt of the confirmation of receipt, if transmitted by facsimile transmission whichever is earlier.

If the any parties change its address for receipt of notices provided for in this Agreement, it shall give not less than 15 days of prior written notice to each other party. 

16.  NO WAIVER:

No waiver shall be by the parties of this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of both parties.

17.  SUBLETTING OR ASSIGNMENT:

Service Provider shall not use subcontractors to perform any Services under this Agreement without the prior written consent of the associates. Any reference to subcontractors herein shall not be deemed to authorize the use of subcontractors, unless expressly so stated.

Service provider shall not assign any of its rights (including without limitation the right to any moneys due or to become due) or delegate any of its obligations under this Agreement without the prior written consent of the associates.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Both parties agree that a single original of this Agreement will be executed.

For and Behalf of                    For and Behalf of

Service Provider                           Associates

………………..                             …………………………

Authorised Signatory                      Authorised Signatory

WITNESSES:

1. Signature                                                                 2. Signature

Name                                                                            Name

Address                                                                        Address

THIS SERVICE AGREEMENT (“Agreement”) is entered into on…………day of………, 2016 by and between

Mednexus Travel4health Private Limited, a Company registered under the Companies Act, 2013 having Its Registered Office at 40, Second Floor, Raja Garden, Delhi-110015 India hereinafter referred to as  “MEDTRAVELS”, (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include their respective successors, assigns and affiliates) of the FIRST PART

And

……………………….Private limited, a          Company registered under the Companies Act, 2013, having its registered office at……………………………………………hereinafter referred to as “Value Added Service Provider(s)” (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include their respective successors, assigns and affiliates) of the OTHER PART

MEDTRAVELS and Value Added Service Provider are hereinafter individually referred to as “Party” and collectively as “Parties”.

WHEREAS

• MEDTRAVELS is an online market place which facilitates Customers requiring Value Added Services to directly contact the professional Value Added Provider through a user friendly web interface or/and mobile app.

• MEDTRAVELS is a technical robust platform which helps to choose doctors, hospitals and allied services like e-visa, air ticket, rail ticket, taxi, hotel (accommodation) and ordering pharmacy according to location, level & budget.

• In this context, MEDTRAVELS shall provide Value Added Services through online web portal or/and mobile app. These Value Added Services shall be served or provided by Value Added Service Provider.

1.  DEFINITIONS:

• MEDTRAVELS means Mednexus Travel4health Private Limited and its portal or/and mobile app i.e. www.medtravels.in“hereinafter called MEDTRAVELS”

• Customer includes Patient, Client, user or any other legal entity registered on the MEDTRAVELS web portal or/and mobile app i.e. www.medtravels.in for availing the services mentioned in MEDTRAVELS portal or/and mobile app. “hereinafter called Customer”

• Value Added Service Provider includes Tour Operator, Travel Booking Agent, Taxi Services Provider, Accommodation Services Facilitator, Pharmacy Service Provider, Interpretation Services or any other related service provider as may be decided by the management of MEDTRAVEL “hereinafter called Value Added Service Provider”

• Value Added Services includes Travel Booking Services, Taxi Services, Accommodation Services, Tour Operator Services, Pharmacy Services and Interpretation Services or any other related service as may be decided by the management of MEDTRAVELS “hereinafter called Value Added Services”

• Market place is our portal or/and mobile app where we have listed independent service providers for availment of services by our clients as per the terms of conditions of concern service providers “hereinafter called Market Place”.

2.  REPRESENTATION OF VALUE ADDED SERVICE PROVIDER:

The Value Added Service Provider agrees to perform the Value Added Services described in the Value Added Service Agreement

Value Added Service Provider shall furnish the MEDTRAVELS with written reports and documentation as prescribed format by MEDTRAVELS time to time. Value Added Service Provider agrees to perform necessary appropriate high quality services and timely supply of services.

Value Added Service Provider shall maintain sufficient quantity of the necessary manpower, equipments, and competent staff to avoid delays in the providing value added services to the clients of MEDTRAVELS.

3.  ELIGIBILITY OF ENTERING CONTRACT:

This Terms and Conditions are applicable only to those Value Added Service Provider who can form legally enforceable contracts as per the provisions of the Indian Contract Act, 1972.

If after execution of this agreement MEDTRAVELS finds that you do not have the legal authority to bind the Entity, you were representing, you will be personally responsible for the obligations contained in this agreement including payment obligations.

Value Added Service Provider shall maintain sufficient equipments, infrastructure, manpower, technologies to provide services to MEDTRAVELS Clients or Customers. Value Added Service Provider shall hire competent and appropriate staff also to provide Premium or High Quality Security Services.

MEDTRAVELS shall not be liable to the Client and / or Value Added Service Provider for any loss or damage resulting or arising from your reliance on any instruction, notice, document or communication reasonably believed by MEDTRAVELS to be genuine and originating from an authorized representative of the Entity.

If there is any reasonable doubt about the authenticity of any such instruction, notice, document or communication, MEDTRAVELS shall reserves the right (but undertakes no duty) to require additional authentication. 

4.   REGISTRATION AS VALUE ADDED SERVICE PROVIDER:

The Value Added Service Provider shall comply with highest standards prescribed by government for the Value added services business, the Value Added Services and the performance criteria provided under this agreement.

Value Added Service Provider shall register with appropriate government authorities and take required license for providing Value Added Services. Value Added Service Provider shall also comply with all requirements of Labour Laws, Work Men Compensation Act and/ or other applicable laws, regulations, rules, and ordinances if any applicable, which are relevant to Value Added Services Business. The Value Added Services shall be performed by licensed, fully qualified, well trained, and properly equipped personnel.

5.  WARRANTIES

Value Added Service Provider shall represent and expressly warrants as follows:

• Legal Obligation: These Agreement have been duly authorized, executed, and delivered between MEDTRAVELS and Value Added Service Provider. It constitutes a valid and binding obligation on the Value Added Service Provider and it is fully enforceable against Value Added Service Provider. This agreement shall not come in conflict with any other agreement by which Value Add Service Provider might be bound.

• Acceptance of Responsibilities: Value Added Service Provider agrees and accepts any responsibility which may arise because of any deficiency of Value Added Services to the Clients. Value Added Service Provider accepts its responsibilities under this agreement with no representations, responsibilities or warranties whatsoever by & towards MEDTRAVELS relating to the Client.

• Value Added Services: The Value Added services shall be performed in a professional manner, confirming to the highest standards of the industry and the performance criteria provided under this agreement. Value Added Service Provider shall comply with all requirements of applicable laws, regulations, rules, and ordinances. The Value Added Services shall be performed by licensed, qualified, well trained and properly equipped personnel.

6.  EXTENT OF JURISDICTION OF THE GOVERNING LAW:

These agreement and the interpretation, construction and enforceability hereof and all rights and obligations of the parties, whether arising under this agreement, shall be governed by and construed in accordance with the laws of the India, without giving effect to its principles of conflict of laws. The sole and exclusive jurisdiction and venue for resolution of any disputes between the parties shall be at New Delhi (India) and each of the parties hereby submits to and waives objection to the jurisdiction of any other courts. Here the governing laws extend to the following related issues:

• General: Value Added Service Provider warrants that in performance of this agreement it has complied and will comply with all Laws, orders and decrees and with the MEDTRAVELS policies and procedures.

• Debarment: Value Added Service Provider certifies by entering into this transaction that neither it nor its principals is currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any competent agency.

• Permits: Service Provider obtain at its expense and shall give all notices required by and comply with all governmental licenses, permits, inspections and approvals required for its work including but not limited to those required by the MEDTRAVELS.

7.  Anti-Corruption:

Value Added Service Provider agrees that they shall not receive or offer any illegal or improper bribe, kickback, gift, or thing of greater than nominal value from any MEDTRAVELS employees or agents in connection with this Terms and Conditions. Value Added Service Provider shall perform reasonable efforts to promptly notify MEDTRAVELS, if Value Added Service Provider learns of any violation of the above restriction.

8.  Non Liability:

 MEDTRAVELS shall not be liable or responsible to compensate the person receiving the Value added Services i.e. customer or user. If Value Added Service Provider fails to provide premium class or standard Value Added Services, causes intentional delays in the performance of such services resulting in apparent deficiency in the quality of services provided. Value Added Service Provider shall be exclusively responsible for all such liabilities and to ensure MEDTRAVELS to be free from all liability.

Due to delay in performance or non-performance of the contracted services, if any person receiving the value added services i.e. customer get injured or succumbs to the injury so caused, in that case Value Added   Service Provider is individually and exclusively responsible, MEDTRAVELS and its employees, directors, officers, agents and their successors and assignees shall not be responsible.

MEDTRAVELS shall not be responsible for inclusions and exclusions of the services offered by Value Added Service Provider.  

9.  Modification of Agreement: 

MEDTRAVELS reserves the right to make changes in this Agreement at its own discretion. Changes in this Agreement from time to time shall be informed you accordingly. You agree to abide by those changes in Agreement.

10.  Independent Value Added Service Provider:

Value Added Service Provider is and shall perform with these Terms and Conditions as an independent Value Added Service Provider and, as such, shall maintain complete supervision and control over all employees, agents, subcontractors, and operations. Neither party shall have the authority to bind the other party.

11.  Confidentiality:

The MEDTRAVELS may disclose to its Value Added Service Providers or may obtain access to, develop or create non-public documents or information about the MEDTRAVELS, its employees, agents, partners or representatives, or third parties, including without limitation, personal information, charge card and/or credit data, work product resulting from the value added services provided, proprietary and confidential information or material concerning or related to the MEDTRAVELS general or institutional affairs or other proprietary operations (“Confidential Information”).

Value Added Service Provider acknowledges the inherent character of the Confidential Information, and agrees and acknowledges that these Information is the sole, exclusive and valuable property of MEDTRAVELS. Service Provider is required to maintain Confidentiality for all the Information provided as strictly confidential and agrees not to reproduce or divulge any part of the Confidential Information without the MEDTRAVELS prior written consent and not to use the Confidential Information except in the performance of this document, whether during or after the term of this terms and conditions.

All Confidential Information shall remain the property of the MEDTRAVELS. Upon MEDTRAVELS request value added service provider shall return or destroy copies of Confidential Information in value added service provider’s possession, except as is needed to comply with applicable Laws;

Value Added Service Provider shall continue to be bound by the provisions enumerated above, with respect to any Confidential Information retained with them. Value Added Service Provider must implement, maintain, and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all Confidential Information, be it electronic or hardcopy and provide MEDTRAVELS with a copy upon request.

12.  Indemnity:

If Value Added Service Provider fails to supply in value added services, lack in value added services, deficiency in value added services and meanwhile any customer or value added service receiver may serious, injured or dead due to inferior quality of services or no value added services in that case MEDTRAVELS and its employees, directors, officers, agents, their successors and assignees shall not be responsible for value added service provider’s act. Value Added Service Provider agrees to take all responsibilities and agrees to defend and indemnify MEDTRAVELS.

MEDTRAVELS shall not provide any compensation or any other remedy to Customer or value added service receiver or their legal representative or their nominees. value added service provider indemnify MEDTRAVELS for any liability or claim being arise by virtue of any negligence/deficiency/absence of services by value added service provider to the customer. MEDTRAVELS is only a web platform or/and mobile app or market place where Customer and value added service provider deal with each other. MEDTRAVELS does not take any responsibility of mishappning which arises in course of business.

MEDTRAVELS shall not be responsible or liable for any claims, losses, damages, injuries or other liabilities of any kind whatsoever, arising on account of, or in connection with, the exercise by Value Added Service Provider of any rights granted hereunder, or for any other acts, faults or omissions of or attributable to Value Added Service Provider, including but not limited to any liability for use of the Authorized Trademarks by Value Added Service Provider and Value Added Service Provider shall defend, indemnify, release and hold MEDTRAVELS and its Associated Companies harmless from and against all such claims, losses, damages, injuries and other liabilities. In no event shall MEDTRAVELS be liable for any special, incidental or consequential damages of any kind whatsoever arising out of or related to the use of the said authorized Trademarks whether based on warranty, contract, tort or any other legal theory, and whether or not MEDTRAVELS was previously advised of the possibility of such damages.

13.  Intellectual Property:

a.            Value Added Service Provider warrants that the use of material and any other goods furnished hereunder shall be free and clear of infringement of any valid patent, copyright, trademark, trade secret, or other proprietary right. Value Added Service Provider shall indemnify and will not hold the MEDTRAVELS responsible for any kind of liability and/or loss (and the costs and expenses, including without limitation attorney’s fees) arising out of any claim, suit or action alleging or arising out of any such infringement, to which Value Added Service Provider agrees to file claim, suit or any other legal action to compromise or defend at the MEDTRAVELS’S request.

b.            All right, title, and interest in and to all data and all copyrights in all deliverables, writings, documents, reports, papers, tabulations, and other works written or made by Value Added Service Provider in the course of performing the value added services shall become and remain the sole exclusive property of the MEDTRAVELS. The Value Added Service Provider hereby transfers and assigns all of its right, title and interest in and to all such data and intellectual property to the MEDTRAVELS.

14.  Subletting or Assignment:

Value Added Service Provider shall not use sub-contractors to perform any Value Added Services under this terms and conditions without the prior written consent of the MEDTRAVELS. Any reference to sub-contractors herein shall not be deemed to authorize the use of subcontractors, unless expressly so stated. Value Added Service Provider shall not assign any of its rights (including without limitation the right to any moneys due or to become due) or delegate any of its obligations under this terms and conditions without the prior written consent of the MEDTRAVELS.

Any permitted assignment by Value Added Service Provider of any moneys due or to become due shall be subject to set-off, recoupment or other claim of the MEDTRAVELS against Value Added Service Provider. Value Added Service Provider shall retain full responsibility for the performance of this Terms and Conditions not withstanding any permitted use of sub-contractors, assignment of rights or delegation of duties. Value Added Service Provider shall be liable to the MEDTRAVELS for the acts and omissions of its subcontractors and assignees.

15.  Termination:

The MEDTRAVELS reserves the right to terminate this Agreement, in whole or in part, with or without any prior written notice to Value Added Service Provider. In the event of termination of this Agreement, Value Added Service Provider shall cease work, and shall provide MEDTRAVELS with a list of all unperformed Value Added Services, and shall take such action relative thereto as Value Added Service Provider may be directed by the MEDTRAVELS.

In the event of termination of this Agreement by the Value Added Service Provider for cause, the MEDTRAVELS may require to finish any pending work at Value Added Service Provider’s expense by whatever method the MEDTRAVELS may deem expedient, and the MEDTRAVELS shall have the right to take possession of all of Value Added Service Provider’s equipment, tools, and machinery at the work site for such purpose of recovering the loss caused by the termination of contract with MEDTRAVELS. The MEDTRAVELS shall pay for work satisfactorily performed by Value Added Service Provider, reserving the right to set off any payments due to the MEDTRAVELS under this or any other agreement with Value Added Service Provider.

MEDTRAVELS shall have no further liability as a result of termination of this Agreement in accordance herewith. The rights and remedies of the MEDTRAVELS under this Section are not limited and are in addition to any other rights and remedies permitted by law or in equity.

16.  Notices/ Communications:

Any notice and other communications provided for in this Agreement should be in writing and should be first transmitted by postage, prepaid registered post, email, fax or reliable courier with acknowledgement due followed by facsimile transmission duly confirmed.

The address for the purpose of notice shall be:

1. MEDTRAVELS:

          Attn.: Mr…………….

          Mednexus Travel4health Private Limited

2. Value Added Service Provider:

          Attn.: Mr…………..

          ……………………………. Limited,

All notices should be deemed to have been validly given on (a) receipt of postal acknowledgment, if sent by registered post or courier or (b) immediately, upon receipt of the confirmation of receipt, if transmitted by facsimile transmission whichever is earlier.

If the Value Added Service Provider changes its address or project coordinator for receipt of notices provided for in this Agreement, it shall give not less than 15 days of prior written notice. 

17.  Miscellaneous:

1. Acceptance:By its execution hereof or by beginning to provide the Value Added Services, Value Added Service Provider agrees to the provisions hereof and shall be subject to these agreement. Any agreement proposed by Value Added Service Provider inconsistent with or in addition to these agreement shall be void and of no effect unless MEDTRAVELS specifically agrees to such agreement in writing. In case of any conflict within this agreement, including the Exhibits, or with any document referred to herein, the provision which are most favorable to the MEDTRAVELS shall prevail.
2. Entire Agreement:The terms and conditions, which shall be modified from time to time, of this Agreement constitute the entire agreement between the parties. No oral agreement or understanding or prior written agreement or document relating to the subject matter of this Agreement shall be considered part of this Agreement, and the same shall be deemed superseded by this Agreement.
3. Amendment:This Agreement may be amended only in writing by duly authorized representatives of the parties hereto. No waiver of any provision of this Agreement shall be effective unless given in writing signed by the party against whom the waiver is sought to be enforced.

   No failure to exercise and no 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 preclude any further exercise of the same or any other right, power, or privilege hereunder.

4. Remedies Available: The rights of both parties hereunder shall be in addition to their rights and remedies at law or in equity.
5. Severability:  If any part of this Agreement shall be adjudged by a court of competent jurisdiction to be invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.
6. Survival of Benefits:The provisions of this Agreement, including without any limitation to those relating to indemnification and confidentiality, shall survive even after expiration or termination of this Agreement to the extent necessary to provide the full benefit thereof consistent with applicable statutes relating to the law of limitation.
7. Use of Names: Value Added Service Provider shall not use any name, logo, emblem of the MEDTRAVELS or any of its trustees, officers, employees, representatives or agents, or any adaptation, variation or abbreviation thereof, in any brochure, publication, or advertisement without securing the prior written approval of the MEDTRAVELS.
8. Mode of Official Identification: All Representative, Employees and Personnel shall carry identity card provided by Value Added Service Provider. Identity card shall contains a photograph of such personnel and states their full name, company name, address, telephone number, name of immediate supervisor and if required, it is also mentioned in card the identification number assigned to Value Added Service Provider by the MEDTRAVELS. Value Added Service Provider personnel, representative, or employees shall wear appropriate uniforms as provided by Value Added Service Provider.
9. Payment Issues:  MEDTRAVELS is an online web platform or/and mobile app and shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the arrangement between the Customers and Value Added Service Provider to this Agreement.

Any financial transaction between Customers or Patient, Healthcare Service Provider with Value Added Service Provider is subject to their mutual understanding and agreement. MEDTRAVELS shall not be responsible or liable for such financial transaction.                                                        

MEDTRAVELS does not hold any responsibility of any kind of discrepancies between Customers and Value Added Service Provider for any financial transactions.

18.  NON COMPETE CLAUSE:

The Value Added Service Provider is bound under this agreement to be covered under none compete clause whereby the Value Added Service Provider cannot start up a similar profession or trade in competition with the MEDTRAVELS minimum for Five Years from the date it ceases to work under this agreement with MEDTRAVELS.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Both parties agree that a single original of this Agreement will be executed.

For and Behalf of                                                  For and Behalf of

Mednexus Travel4health Private Limited           …………………Pvt. Ltd.

………………..                                                        …………………………

Authorised Signatory                                              Authorised Signatory

WITNESSES:

1. Signature                                                                 2. Signature

Name                                                                            Name

Address                                                                         Address

The information is provided by Mednexus Travel4health Private Limited, (hereinafter referred to as “MEDTRAVELS”).The information contained in this website or/and the mobile app is for providing general information and for availing Healthcare Services and Value Added Services are not limited to India. We endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or/and the mobile app, the information, products, services or related graphics contained on the website or/and mobile app for any purpose.  

Until you receive confirmation of service order placed from the MEDTRAVELS, any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or the profits arising out of, or in connection with, the use of this website or/and mobile app. 

The total liability, taken together, to user of this website or/and mobile app shall be limited to the cost of the service availed by the user on this website or/and mobile app. It is intended that this limitation shall apply to all liability or causes of action arising, however alleged or categorical, unless otherwise prohibited by law.

Through this website or/and the mobile app, we intend to increase number of users of our website or/and mobile app. Further the MEDTRAVELS shall not be liable & responsible for any non-availability of services as we work on first come first basis. The MEDTRAVELS does not make any explicit promise to any end user guaranteeing availability of a particular service at the desired time.

Every effort is made to keep the website or/and the mobile application up to date and running smoothly. However, MEDTRAVELS takes no responsibility for, and will not be liable for, the website or/and mobile app being temporarily unavailable due to technical issues beyond our control.

By using this website or/and the mobile app, user is agreeing that all claims shall be under the laws of India and the jurisdiction court of Delhi (India). By using and making purchases from MEDTRAVELS through this website or/and mobile app, end user is thereby agreeing to the exclusive jurisdiction of the Union Territory of Delhi.

Using services of this website or/and mobile app i.e. MEDTRAVELS, I/ We hereby confirm that I have gone through all the terms of MEDTRAVELS and agree to your all policies.

This document is an electronic record in terms of Information Technology Act, 2000, and the rules framed there under are applicable, along with the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Being a system-generated document, it does not require any physical or digital signatures.

Mednexus Travel4health Private Limited (herein after called “MEDTRAVELS” is a company registered under Companies Act, 2013, and MEDTRAVELS is an online market place, which facilitates Customers or Patients requiring Healthcare Services through its registered associates to provide facility through a user friendly web interface or/and mobile app.

MEDTRAVELS is a technical robust platform which helps to choose doctors, hospitals and allied services like e-visa, air ticket, rail ticket, taxi, hotel (accommodation) and ordering pharmacy according to location, level & budget.

MEDTRAVELS formulate this terms and conditions with associates for disclosing his/her customers or patient details with Healthcare Service Provider wherein following terms and conditions are part. In this context, MEDTRAVELS shall provide Healthcare Services through online web or/and mobile app platform & Associates sharing their clients or patient details with Healthcare Service Provider which are registered on MEDTRAVELS Portal or/and mobile app i.e. www.medtravels.in

1.  Definitions:

• MEDTRAVELS means Mednexus Travel4health Private Limited   and its portal or/and mobile app i.e. www.medtravels.in“hereinafter called MEDTRAVELS”

• Customer includes Patient or Clients of Associates which are interested to use Healthcare Services provided by healthcare service provider made available on the MEDTRAVELS web portal or/and mobile app i.e. www.medtravels.in“hereinafter called Customer”

• Healthcare Service Provider includes Doctor, Allied Practitioners i.e. Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist and Optometrist Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy. “hereinafter called Healthcare Service Provider”

• Healthcare Services includes Services by Doctors, Allied Practitioners, Dieticians, Physiotherapist, Dentist, Nutritionist, Audiologist, Speech Language Pathologist, Occupational Therapist, Diagnostic Service Provider, Nursing Home, Hospital, Ambulance Service Provider and AYUSH i.e. Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homoeopathy Services. “hereinafter called Healthcare Services”

• Referral Agent includes Aggregator or/and Agent and others “hereinafter called Associates”

• Agreement includes the phase Terms and Conditions. “herein after called Agreement”

• Service Agreement means which is formulated between MEDTRAVELS and Healthcare Service Provider for demarcating the Scope of Services to be provided by the service provider under this  Agreement “hereinafter called Service Agreement”

• Market place is our portal or/and mobile app, where we have listed independent service providers for availment of services by our clients as per the terms of conditions of concern service providers “hereinafter called Market Place”.

• Service Provider includes Healthcare Service Provider “hereinafter called Healthcare Service Provider”

2.  Scope:

The Associates agree to disclose their Clients or Patients details with Healthcare Service Provider to perform the Services as mentioned above.

Further Healthcare Service Providers shall provide services as required by Clients on the Basis of their location, level and budget.

Healthcare Service Provider shall maintain a sufficient quantity of the necessary manpower, equipment, parts, materials etc. to avoid delays in the providing Healthcare Services to the clients of Associates.

Please visit us at www.medtravels.in to know in detail about the Healthcare Service.

3.  Eligibility of entering Contract:

This Terms and Conditions are applicable only to those Associates who can form legally enforceable contracts under the applicable laws. If you agree to these Terms and Conditions on behalf of a corporate entity or a third party (the "Entity"), you represent and warrant that you have the legal authority to bind the Entity to these Terms and Conditions, in which case the terms "you," "your," "User" shall refer to the Entity.

Associates will open their Account on MEDTRAVELS portal or/and mobile app, after verification of relevant documents for account opening purpose, this account shall be open with MEDTRAVELS portal or/and mobile app based on compliance of requirement as stipulated by management of MEDTRAVELS from time to time, management of MEDTRAVELS shall fix some fees to account opening purpose as may be decided by management of MEDTRAVELS. Admin department may approve Account if appropriate or properly documents are submitted.

After approval of account Associates can access to all the registered Healthcare Service Provider, then Associates can views profiles of healthcare service providers and further associates can send request to them to become partner with whom they wants to be.

Further sending of request by Associates will be approved by Healthcare Service Provider. After approval of request Associates will get empanelled with Healthcare Service Provider then associates can start the process of sending their clients (patients) to Healthcare Service Provider accordingly to the requirements of the clients.

After opening of account Associates can search and view various Healthcare Service Providers and also take views of their services, treatments, packages, profiles etc. According to location, level and budget from their own panel of Healthcare Service Provider.

If, after your agreement to these Terms and Conditions, MEDTRAVELS finds that you do not have the legal authority to bind the Entity, you will be personally responsible for the obligations contained in these Terms and Conditions, including any payment obligations. Further MEDTRAVELS reserves the right to discontinue the account from their website or/and mobile app.

MEDTRAVELS shall not be liable for any loss or damage resulting or arising from MEDTRAVELS reliance on any instruction, notice, document or communication reasonably believed by MEDTRAVELS to be genuine and originating from an authorized representative of the Entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, MEDTRAVELS reserves the right (but undertakes no duty/ responsibility) to require additional authentication. 

4.  Payment:

MEDTRAVELS provides online platform to facilitate availability of health care services to the Clients or Patients of Associates through the network of the Healthcare Service Providers registered with MEDTRAVELS.

In order to provide these services MEDTRAVELS shall charge only service fees and services received by clients or patient shall charge separately by Healthcare Service Provider. MEDTRAVELS shall not be responsible for any payment to the Healthcare Service Provider unless expressly agreed in writing in the Agreement and as per the terms mentioned therein.

Associates shall receive consideration amount from such Healthcare Service Provider. In future if any payment dispute raise between service providers and Associates then MEDTRAVELS shall not be responsible for such payment.

5. Warranties:

Associates represents and expressly warrants as follows:

• Legal Obligation: These terms and conditions have been duly authorized, executed, and delivered constituting a valid and binding obligation on the Associates and are fully enforceable against them in accordance with its terms. Further, these terms and conditions are not in conflict with any other agreement by which Associates may be bound.
• Acceptance of Responsibilities: Associates agrees and accepts any responsibility, which may arise because of any deficiency of services to the customers/clients, Patients through Healthcare Service Provider accordingly,  Associates  its responsibilities under this terms and conditions with no representations or warranties whatsoever by the MEDTRAVELS relating to the customer.

Further if any Associates charging any other amount personally from the customers, overcharging of services, passing off falls or miss statements, theft, over commitment in this case Associates shall personal responsible.

Associates are responsible to provide their services to customers or patient through registered Healthcare Service Provider through MEDTRAVELS. They are not suppose to direct the clients to healthcare service provider unless it is specifically asked by the client or desired facilities/ services are not available with MEDTRAVELS network.

6.  Governing Law:

These Terms and Conditions, and the interpretation, construction and enforceability hereof, and all rights and obligations of the parties, whether arising under this Terms and Conditions or otherwise, shall be governed by and construed in accordance with the laws of the India, without giving effect to its principles of conflict of laws.

The sole and exclusive jurisdiction and venue for resolution of any disputes between the parties shall be New Delhi (India) and each of the parties hereby submits to, and waives objection to, the jurisdiction and venue of such courts.

7  Compliance with Laws:

• General: Associates warrants that in performance of this Terms and Conditions it has complied and will comply with all Laws, orders and decrees and with the MEDTRAVELS policies and procedures that have been made available to Associates in writing or electronically.

• Debarment: Associates certifies by entering into this transaction, that neither it nor its principals is currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any competent agency.

• Permits: Associates obtain at its expense and shall give all notices required by, and comply with, all governmental licenses, permits, inspections, and approvals required for its work, including but not limited to those required by the MEDTRAVELS.

• Fines: Associates shall pay any fines or penalties assessed against the MEDTRAVELS to the extent the assessment of such fines or penalties results from Associates delay or failure in performing its obligations under this Terms and Conditions.

8.  “MEDTRAVELS” acts or Omissions:

If MEDTRAVELS performance of its obligations under this Terms and Condition are prevented or delayed by any act or omission of Associates and Healthcare Service Provider or its agents, sub contractors, consultants or  employees.

MEDTRAVELS shall not be deemed in breach of its obligations under this Terms and Conditions or otherwise liable for any Costs, charges or losses sustained or incurred by Associates, Healthcare Service Provider, in each case, to the extent arising directly or indirectly from such prevention or delay.    

9.  Anti-Corruption:

Associates agree that they will not receive or offer any illegal or improper bribe, kickback, gift to MEDTRAVELS employees or agents in connection with this Terms and Conditions. Associates will use reasonable efforts to promptly notify MEDTRAVELS, if Associates learns of any violation of the above restriction.

10.  Non Liability:

MEDTRAVELS shall not hold any pecuniary liability to compensate the customer or Patient, if any Healthcare Service Provider fails to perform the agreed services within the reasonable time limit.

In the case of failure in performance of Services by Service Provider MEDTRAVELS shall not be take any responsibility for such failures. Further any compensation or other remedy may be occurs between service providers and Associates as per the agreement incorporate between them.

MEDTRAVELS shall not be responsible for rates of services or pricing information offered by Healthcare Service Provider to the Customers or Patient of Associates. MEDTRAVELS shall not take any responsibility or liability for such rates.

MEDTRAVELS shall not be responsible for rates of services offered by Associates to its clients if such rates of services are not as per rates shown on MEDTRAVELS portal  

MEDTRAVELS shall not be responsible for inclusions and exclusions of the services offered by Healthcare Service Providers to the Clients of Associates.

MEDTRAVELS is an online platform and shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the arrangement or agreement between Associates and Service Providers or Agreement between Associates with their customers or patient.

MEDTRAVELS shall not liable for any losses occurred under this agreement or other agreements incorporated among Associates, Customers and Service Providers.

11.  Modification of Terms & Conditions:

MEDTRAVELS reserves the right to make changes in these terms and conditions at its own discretion. Changes made in the Terms and Conditions from time to time would be informed you accordingly.

12.  Independent Associates:

Associates shall perform this terms and conditions as independent Associates and, as such, shall maintain complete supervision and control over all employees, agents, subcontractors, and operations. Neither party shall have the authority to bind the other party.

13.  Confidentiality:

The MEDTRAVELS may disclose to Associates, or Associates may obtain access;

• To develop or create non-public documents or information about the MEDTRAVELS its employees, agents, partners or representatives, or third parties, including without limitation, personal information, charge card and/or

• Credit data, work product resulting from the services provided, proprietary and confidential information or material concerning or

• Related to the MEDTRAVELS general academic, institutional affairs or other proprietary operations (“Confidential Information”). Associates acknowledge the confidential character of the Confidential Information, and agree Further acknowledge that the Confidential Information is the sole, exclusive and valuable property of MEDTRAVELS.

Associates  is required to maintain Confidentiality for all the Information provided as strictly confidential and agrees not to reproduce or divulge any of the Confidential Information without the MEDTRAVELS prior written consent and not to use the Confidential Information except in the performance of this Terms and Conditions, whether during or after the term of this Agreement.

All Confidential Information shall remain the property of the MEDTRAVELS. Upon MEDTRAVELS request, Associates will return or destroy copies of Confidential Information in Associates possession, except as is needed to comply with applicable Laws;

Associates shall continue to be bound by above paragraph with respect to any retained Confidential Information. Associates must implement, maintain, and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all Confidential Information, be it electronic or hardcopy and provide the MEDTRAVELS with a copy upon request.

14.  Indemnity:

If Healthcare Service Providers fails to provide:

Proper or Appropriate Services, Good Quality Services, Standard Service as per Concerned Territorial Medical Association and Global health Standards, Efficient Services to the customer of Associates or Services as per agreed with Associates.

Further if due to any inferior quality services any customer or patient get serious, injured or dead MEDTRAVELS and its employees, directors, officers, agents, their successors and assignees shall not be responsible. MEDTRAVELS shall not provide any compensation or any other remedy to such Customer or patient.

MEDTRAVELS is only online platform or market place where Associates directly deals with Healthcare Service Provider to provide services to their customers or clients. MEDTRAVELS does not take any responsibility of any mishap arising in course of business.

Whereas Associate and Healthcare Service Provider deal with each other through MEDTRAVELS online platform. They are free to decide or finalize any liability or responsibility between them in their agreement. Further MEDTRAVELS shall not be liable or responsible for any compensation or payment for transaction incorporated between Associates and Service Provider.

MEDTRAVELS shall not be responsible or liable for any claims, losses, damages, injuries or other liabilities of any kind whatsoever, arising on account of, or in connection with, the exercise by Associates of any rights granted hereunder, or for any other acts, faults or omissions of or attributable to Associates, including but not limited to any liability for use of the Authorized Trademarks by Associates and,

Associates shall defend, indemnify, release and hold MEDTRAVELS and its Associated Companies harmless from and against all such claims, losses, damages, injuries and other liabilities.

If any claim arises by clients for the wrong act done by Associates, then MEDTRAVELS shall not compensate to such claim amount. Associates shall personally responsible for such claims.

In no event shall MEDTRAVELS be liable for any special, incidental or consequential damages of any kind whatsoever arising out of or related to the use of the said Authorized Trademarks whether based on warranty, contract, tort or any other legal theory, and whether or not MEDTRAVELS was previously advised of the possibility of such damages.

15.  Intellectual Property:

 Associates warrants that the use of material and any other goods furnished hereunder shall be free and clear of infringement of any valid patent, copyright, trademark, trade secret, or other proprietary right. Associates shall indemnify and hold the MEDTRAVELS harmless from any and all liability and/or loss of any kind (and the costs and expenses, including without limitation attorney’s fees) arising out of any claim, suit or action alleging or arising out of any such infringement, which claim, suit or any other legal action to compromise or defend at the MEDTRAVELS request.

All right, title, and interest in and to all data and all copyrights in all deliverables, writings, documents, reports, papers, tabulations, and other works written or made by Associates in the course of performing the Services shall become and remain the sole exclusive property of the MEDTRAVELS. The Associates hereby transfers and assigns all of its right, title and interest in and to all such data and intellectual property to the MEDTRAVELS.

16.  Termination:

• Termination by MEDTRAVELS: The MEDTRAVELS reserves the right to terminate this Terms and Conditions, in whole or without any prior written notice to Associates.

• Additional Rights and Remedies: In the event of termination of this Agreement, Associates shall cease work, shall provide MEDTRAVELS with a list of all unperformed services, and shall take such action relative thereto as Service provider may be directed by the MEDTRAVELS.

• In the event of termination of this Agreement by the Associates for cause, the MEDTRAVELS may require to finish any pending work at Associates expense by whatever method the MEDTRAVELS may deem expedient, and the MEDTRAVELS shall have the right to take possession of all of Associates, equipment, tools, and machinery at the work site for such purpose of recovering the loss caused by the termination of contract with MEDTRAVELS.

• MEDTRAVELS shall reserve the right to set off any payments due to the MEDTRAVELS under this or any other agreement with Associates.

• MEDTRAVELS shall have no further liability as a result of termination of this Agreement in accordance herewith. The rights and remedies of the MEDTRAVELS under this Section are not limited and are in addition to any other rights and remedies permitted by law or in equity.

17.  Notices:

All notices, requests, consents, claims, demands, waivers and other communications hereunder ("Notice") shall be in writing and addressed to the parties at the addresses that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, certified couriers service (with all fees pre-paid), telex, email, fax, or registered post.

18.  Miscellaneous:

• Acceptance: By its execution of this terms and conditions Associates agrees to the provisions of this agreement. Any terms and conditions proposed by Associates inconsistent with or in addition to these terms and conditions shall be void and of no effect unless the MEDTRAVELS specifically agrees to such terms and conditions in writing. In case of any conflict within this terms and conditions, including the Exhibits, or with any document referred to herein, the provisions most favorable to the MEDTRAVELS shall prevail.

• Entire Agreement:  The terms and conditions of this Agreement constitute the entire agreement between the MEDTRAVELS and The Associates. No oral agreement or understanding or prior written agreement or document relating to the subject matter of this Agreement shall be considered part of this Agreement, and the same shall be deemed superseded by this Agreement.

• Amendment: This terms and conditions may be amended only in writing by duly authorized representatives of the parties hereto. No waiver of any provision of this terms and conditions 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.

• ?Remedies: The rights of both parties hereunder shall be in addition to their rights and remedies at law or in equity.

• Severability: If any part of this Agreement is adjudged by a court of competent jurisdiction to be invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.

• Survival of terms: The provisions of these Terms and Conditions, including without limitation those relating to indemnification and confidentiality, shall survive the expiration or termination of this Agreement to the extent necessary to provide the full benefit thereof consistent with applicable statutes of limitations.

• Non-exclusivity: No part of this Agreement shall be construed as limiting either party from contracting with another person(s) or entity for the same or similar services covered by this Agreement.

• Use of Names: Associates  shall not use any name, logo, emblem of the MEDTRAVELS or any of its trustees, officers, employees, representatives or agents, or any adaptation, variation or abbreviation thereof, in any brochure, publication, or advertisement without securing the prior written approval of the MEDTRAVELS.

• Payment Issues: Any financial transaction among Customer or Patient with Associates and Service Provider with Associates is subject to their mutual understanding and terms & conditions. MEDTRAVELS shall not be responsible or liable for such transactions.

MEDTRAVELS does not hold any responsibility of any kind of discrepancies between Customers and Associates for any financial transactions.