These Terms and Conditions apply to all clients of samadhan pro and regulate the rights and obligations of a client with respect to the services committed. These Terms and Conditions shall be in addition to any other terms as stipulated by samadhan pro Digital services. For samadhan pro, the clients are Hospitals, Clinics, independent doctors, Institutes and any similar providers of healthcare services.

• Trial access for limited period

samadhan pro may offer at its discretion, a free trial of its Subscription Services for a specified time. Users of the Software during the trial period are bound by the terms of this document and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters in the Software, and any customizations made to the Software by or for User, during User's free trial will be permanently lost at the expiry of the specified time unless the User upgrades his/her/its subscription to one of the User Plans. samadhan pro does not provide any warranty of the data during the trial period unless and until the subscription is renewed immediately.

• Services disruption

Notwithstanding anything to the contrary contained herein, samadhan pro does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and native mobile applications and may result in the failure of your communications, including but not limited to: your local network, firewall, your internet service provider, the public internet, power supply and telephony services. samadhan pro takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. However, we will do our best to ease out the situation for our clients.
In the event the services are not available due to apparent default at our end or are rendered unusable, samadhan pro may at its discretion extend the subscription period of the client only by such number of calendar days when the Subscription Services were not available. However, client shall agree that samadhan pro is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.
The Subscription Services may be subject to certain limitations, such as, limits on disk storage space, on the number of users, email, SMS etc dependent on the package opted for. Any such limitations will be specified in the package. The Subscription Services have been designed to provide real-time information to enable User to monitor compliance with such limitations.
samadhan pro may, at its sole discretion, suspend User's ability to use or access the Subscription Services at any time while samadhan pro investigates complaints or alleged violations of this Document, or for any other reason.

• Payment of fees and taxes

samadhan pro may add new Subscription Services for additional fees and charges at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at samadhan pro's sole discretion from time to time, shall apply.
If you purchase any subscription based paid Service, you authorize samadhan pro to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service.
You agree that the billing credentials provided by you for any purchases from samadhan pro will be accurate and you shall not use billing credentials that are not lawfully owned by you.
The User agrees to pay all subscription fees, consulting fees and other fees applicable to User's use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is non-refundable.
Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. samadhan pro is in no way responsible for any of the User's taxes or legal or statutory compliances, except for its own due diligence.
samadhan pro may make available an online or offline fee payment facility, supported by a third party vendor. samadhan pro is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
All fees charged are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied and will be added on every purchase.
The payment process would be considered to be complete only on receipt of the fees into samadhan pro's designated bank account.
Fees not received within the specified due dates attract late charges of 12% per annum from the due-date of payment, and any such charges may be levied at samadhan pro's sole discretion.

• Cancellation and Refund of Subscription services

In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), samadhan pro reserves the right to take any or all of the following actions as it deems appropriate

1. Reduce all Subscription Service credits in Users' Subscription Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to Number of User, SMS, Email credits.
2. Discontinue the Subscription Services to the User anytime after 7 (seven) days from the overdue date.
3. Delete all information in User's account anytime after 21 (twenty-one) days from the overdue date

samadhan pro is committed to the best service and experience for its users. It is built by technocrats and tested by real practitioners for success and satisfaction. Still in case, if any of subscriber feels dissatisfied with the services, the User can request for termination of his/her/its membership with samadhan pro at any time by providing 30 (thirty) days' prior written notice to support@samadhan pro.com. During this 30-day period, samadhan pro will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. samadhan pro may require the User to continue his/her/its subscription until the completion or termination of an on-going Subscription Services or subscription period, should the situation warrant and at samadhan pro's discretion.
The current period subscription fees shall not be refunded to the Subscriber. However, if the subscription services have been purchased for more than a year, then a possible refund may be considered rationally with an authorised samadhan pro staff on its sole discretion. For such cases, pro rate calculation will be done, set up costs and tax obligations will be will be adjusted.

• Unlawful and Fraudulent usage of Subscription

Without limiting any other remedies, samadhan pro may suspend or terminate a subscription immediately if there is a suspicion that a valid user is engaged in harmful, unlawful, mischievous or fraudulent activities about samadhan pro software and its access.
samadhan pro reserves the right to terminate any account in cases mentioned below
A User breaches any terms and conditions of this terms of use or privacy policy;
samadhan pro is unable to verify or authenticate any information provide to samadhan pro by a User; or
samadhan pro believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for samadhan pro or are contrary to the interests of the Service.

• Return of subscriber data

Upon request by a User made within 30 (thirty) days after the effective date of termination of a subscription due to non-payment, samadhan pro will make available to the User for download a copy of such User's data in comma separated value (.csv) format or any other form as determined by samadhan pro. After such 30 (thirty) days period, samadhan pro shall have no obligation to maintain or provide any of such User's data and shall thereafter, unless legally prohibited, delete all User's data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription - Users data will not be available after termination of subscription in such cases

• Miscellaneous

1. samadhan pro Digital health service expressly disclaims any and all warranties, express or implied, including, without limitation without limiting the foregoing, samadhan pro Digital service shall not be liable to client's business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided
2. The Clients have to submit the following as mandatory documents
   • Certificate, Registration and Medical ID card, license or issued by government authorities
   • PAN of the Clinic or Hospital / Doctor's PAN
   • Address proof document
   • Ownership document [Registration documents]
3. Verification: Client agrees that the use of the System is subject to verification by samadhan pro of client's identity and credentials as a health care practitioner. Client agrees that samadhan pro may use and disclose client's personal Information for such purposes, including (without limitation) making inquiry of third parties concerning identity and professional and practice credentials. Client authorizes such third parties to disclose such information as samadhan pro may request for such purposes, and client agrees to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. Client agrees that samadhan pro may terminate any access to or use of the System and Services at any time if verification your qualifications or credentials are not established.
4. Client will not: (a) use the System for time-sharing, rental or service bureau purposes; (b) make the System, in whole or in part, available to any other person, entity or business; (c) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (d) copy, reverse engineer, decompile or disassemble the System, in whole or in part, or otherwise attempt to discover the source code to the software used in the System; or (e) modify the Services or the System or associated software or combine the Services or the System with any other software or services not provided or approved by samadhan pro.
5. Client will obtain no rights to the System except for the limited rights to use the System expressly granted by these Terms & Conditions. Any unauthorized use of any Materials or information available on the Site may violate patent, copyright, trademark, and other laws
6. Client's access to the System and Services: 1. Client will acquire, install, configure and maintain all hardware, software and communications systems necessary to access the System ("Implementation"). The implementation will comply with the specifications from time to time established by samadhan pro. Client will ensure that Implementation is compatible with the System and Services. If samadhan pro notifies a client that the Implementation is incompatible with the System, client will rectify such incompatibility at its own cost, and samadhan pro will have the right to suspend Services to you until such rectification has been implemented.
7. Upon request, samadhan pro may provide goods or services in connection with your Implementation as per standard charges separately applicable
8. The Software System may include certain third-party software and services, which may require that you enter into separate subscription or licensing agreements with such third-party vendors. We may also make available optional services provided by third parties, including but not limited to billing, electronic prescribing, and clinical laboratory reporting services. Client agrees to comply with, and upon request to execute, such agreements as may be required for the use of such software or services, and to comply with the terms of any license or other agreement relating to third-party products included in the System or made accessible to you through the System. In the event samadhan pro provides any billing services in connection with the provision of any clinical services (especially a Paid Service as defined hereinafter) by you to the patient. In such event client acknowledges and confirms that samadhan pro only acts as a collection agent for an on client's behalf, to facilitate such payment of the amounts by the patient to the client
9. Safeguarding information and access: Client will implement and maintain appropriate administrative, physical and technical safeguards to protect information within the System from access, use or alteration from your use of the Site; Such safeguards shall comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule, whether or not you are otherwise subject to HIPAA. Client will maintain appropriate security with regard to all personnel, systems, and administrative processes used by self or members of staff/workforce to transmit, store and process electronic health information through the use of the System
10. Reporting incidents : Client will immediately notify samadhan pro of any breach or suspected breach of the security of the System of which you become aware, or any unauthorized use or disclosure of information within or obtained from the System, and you will take such action to mitigate the breach or suspected breach as samadhan pro may direct, and will cooperate with the investigating and mitigating such breach
11. Compliance: Client will comply with these Terms & Conditions, Policies and Procedures, and all applicable laws and regulations. Client will be solely responsible for the use of the System by self and its Workforce, and the client shall indemnify samadhan pro and hold us harmless from any claim, cost or liability arising from such use, including reasonable attorneys' fees
12. User Identification: Client and its Workforce is authorised to use the specific User IDs assigned to each. Sharing of user id is not allowed. All users will adopt and maintain reasonable and appropriate security precautions for User IDs to prevent their disclosure to or use by unauthorized persons. Each member of your Workforce shall have and use a unique identifier only.
13. No Third-Party Access: Client will not permit any third party (other than own staff) to have access to the System or to use the System or the Services without our prior written consent. Client will promptly notify samadhan pro of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the System or Services. Client will immediately notify samadhan pro of the termination of employment of any member of your staff / Workforce, or of your withdrawal of authorization for any such person to access the System in order to enable us discontinue such member's access and use to the System
14. Compliance to local Law: Client is solely responsible for ensuring that the use of the System and the Services (including making health information available through the System) complies with applicable law. Client will not undertake or permit any unlawful use of the System, or take any action that would render the operation or use of the System by us or any other User unlawful. samadhan pro offers no assurance that client's use of the System and the Services under these Terms & Conditions will not violate any law or regulation applicable to you
15. Platforms and Forums: samadhan pro may offer forums for the exchange of information among Users. Client agrees to comply with all applicable forum rules. In particular, client understands that samadhan pro do not assure the accuracy, reliability, confidentiality or security of information made available through the use of such forums. Client acknowledges that any information posted in a forum or discussion group is available to the public, and may result in receiving communications from others outside the Site. Client is responsible for safeguarding the privacy of patients' personal information when participates in forums, discussion groups and the like. Client agrees not to disclose individually identifiable health information through such forums. Client acknowledges that any liability resulting from sharing of any information in a forum or discussion group is the sole responsibility of client. Client will hold samadhan pro harmless for any damages, direct or indirect, arising from any post made by the client
16. Disclosure of Patient Information : Client represents and warrants that client will, at all times during the use of the System and thereafter, comply with all laws directly or indirectly applicable that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws, including but not limited to the Information Technology Act, 2000 and the rules made there-under.
17. You are, at all times during the use of the System and thereafter, solely responsible for obtaining and maintaining all patient consents, and all other legally necessary consents or permissions required to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Site, the Materials and any third party site.
18. You agree that samadhan pro, and its licensors and licensees, and all other persons or entities involved in the operation of the System and functionalities provided through the Site, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use of the System, and are acting on your behalf in using the Patient Information as required for the provision of the Services. samadhan pro cannot and do not assume any responsibility for client's use or misuse of patient information or other information transmitted, monitored, stored or received while using the site or the materials. samadhan pro reserves the right to amend or delete any material (along with the right to revoke any membership or restrict access to system) that in our sole discretion violates the above
19. Product and Service Notifications: samadhan pro may place advertisements concerning the products and services of third parties on the System as feed, which you can see when you use the System. samadhan pro may receive remuneration from the suppliers of these products and services for placing their advertisements. However, except as expressly permitted by this Agreement or by our Policies and Procedures, unless samadhan pro obtains client's consent, it will not disclose to any third party any information that identifies you to enable the third party to market products or services to you directly.
20. samadhan pro may send client text messages and SMS messages and emails from time to time regarding subscription and usage of the System. This may include transactional messages related to continued subscription of the System and/ or support emails and SMS messages for helping client receive the best services from the System
21. Intellectual Property Rights : (a) All intellectual property rights in and title to the System, the present or future modifications / upgrade thereof and standard enhancements thereto shall remain the property of samadhan pro. These Terms & Conditions do not and shall not transfer any ownership or proprietary interest in the System from samadhan pro to client or any User, (b) In consideration of our provision of the Services, client hereby transfers and assigns to us all right, title and interest in and to all de-identified information that we make from Health Information or Personal Information. Client further agrees that samadhan pro may use, disclose, market, license and sell de-identified Health Information for any purpose without restriction, and that you have no interest in such information, or in the proceeds of any sale, license, or other commercialization thereof. (c) Client agrees that any information, material or work product you provide to the Site, other than Protected Health Information and Personal Information which has not been de-identified, is the exclusive property of samadhan pro, and by submitting such content or material client assigns to samadhan pro all intellectual property rights in such content or material.
    
    

samadhan pro provides services such as profile of clients, reviews of clients, appointment booking and treatment help on its website. These services are available on multiple devices like desktop/laptop computer, major popular Tablet screens, and on other cellular mobile devices powered by internet.

• Fees and taxes

samadhan pro may charge a fee for all/some of the services being offered. These would be informed to the buyer in advance. samadhan pro may also give discounts to the buyers on the list price at its own discretion. If you purchase any subscription based paid Service, you authorize samadhan pro to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service.
You agree that the billing credentials provided by you for any purchases from samadhan pro will be accurate and you shall not use billing credentials that are not lawfully owned by you.
The User agrees to pay all subscription fees, consulting fees and other fees applicable to User's use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Services. The fee is non-refundable.
Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. samadhan pro is in no way responsible for any of the User's taxes or legal or statutory compliances, except for its own due diligence.
samadhan pro may make available an online or offline fee payment facility, supported by a third party vendor. samadhan pro is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
All fees charged are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied and will be added on every purchase.
The payment process would be considered to be complete only on receipt of the fees into samadhan pro's designated bank account.
Fees not received within the specified due dates attract late charges of 12% per annum from the due-date of payment, and any such charges may be levied at samadhan pro's sole discretion.

• Cancellation and Refund of services

In case of non-payment of any fee beyond the date a payment becomes overdue (overdue date), samadhan pro reserves the right to take any or all of the following actions as it deems appropriate

1. Discontinue the Services anytime after 7 (seven) days from the overdue date.
2. Delete all information related to User's service opted anytime after 21 (twenty-one) days from the overdue date

samadhan pro is committed to the best service and experience for its users. It is built by technocrats and tested by real practitioners for success and satisfaction. Still in case, if any of subscriber feels dissatisfied with the services, the User can request for termination of his/her/its membership with samadhan pro at any time by providing 30 (thirty) days' prior written notice to support@samadhan pro.com. During this 30-day period, samadhan pro will investigate and ascertain the fulfilment of any ongoing Services or pending dues related to fees or any other fees by the User. samadhan pro may require the User to continue his/her/its services until the completion or termination of an on-going Services, should the situation warrant and at samadhan pro's discretion.
The fees shall not be refunded to the Client/User under any circumstances

• Miscellaneous

1. samadhan pro will provide detail information about hospital, clinics, and doctors to the public user. Thus, all information and documents given by a client to samadhan pro is a public information
2. samadhan pro uses a technology which helps the patient or users of web to search and select a clinic and then, how to locate and reach the clinic by using GPRS technology based on available possible information only
3. The appointment requests come via samadhan pro platform are essentially the choice of an user based on merit and information provided by clinics or hospitals
4. samadhan pro will display review comments about clinic and doctor's by any user. If in case the people write any illegal or strong review or use an inappropriate language, the concerned client can request samadhan pro to remove this. This request will be acted on subject to samadhan pro's internal review and decision on this request. samadhan pro may not provide any explanation or details on such matter. However samadhan pro will not add, alter, improve the comments given by the public users.
5. Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner's dealings and interactions with patient, his/her representatives or affiliates, searching for Practitioners through the Website (the "?End-User?"),contacted or managed through the Software and samadhan pro shall have no liability or responsibility in this regard. samadhan pro does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End-Users or any third party through the Subscription Services.
6. Hospital or clinics can promote their Health Schemes and Health Services at samadhan pro.com; samadhan pro can refer the patient to clinics and hospitals. However, samadhan pro will not recommend any service or Clinics' facilities
7. samadhan pro will display the client facility, services, department, photo's and video's however, the client will remain responsible for accuracy of all information. If there is a change in any information, client have to ensure proper communication and uploading to website. samadhan pro will publish client information and commercial advertisements in good faith, whereas client agrees to be truthful, sincere so that users get maximum benefit
8. Client agrees to display their Hospital and Clinics detailed Information, to run the offers and promotion
9. The samadhan pro Digital service website does not represent or endorse the accuracy, completeness or reliability of any advice, claim, opinion, statement or other information displayed by any author or owner, uploaded or distributed through the website or print media. Client acknowledges that any reliance upon any such opinion, advice, statement or information shall be at one's own risk
10. samadhan pro Digital health service makes no warranty or representation whatsoever regarding the website or any content, advertising services or products provided through or in connection with the website.
11. samadhan pro Digital health service expressly disclaims any and all warranties, express or implied, including, without limitation without limiting the foregoing, samadhan pro Digital service shall not be liable to client's business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided

1. Modifications in the Terms and conditions document
   

   During the currency of this document , if circumstances arise which call for amendment by way of addition, deletion or other modification to this document, the same will be carried out by samadhan pro and shall not be intimated to the clients/users individually.

1. Dispute Settlement
   

   If dispute or difference of any kind shall arise between samadhan pro and the client in connection with or relating to the contract even against any action or termination/ blacklisting, the parties shall make every effort to resolve the same amicably by mutual consultations.

1. Applicable Laws/jurisdiction

   This document shall be governed by and construed in accordance with the laws, regulation and policies of India. In case of any dispute, the courts in district Gautam Buddha Nagar (UP) will have the necessary jurisdiction.

• Both the parties shall keep confidential, and shall not use for any other purpose, each other's information save and except such as is required by the law to be disclosed/ divulged. The data generated, study conducted or any research done will be the property of samadhan pro and the client will have to take necessary permission to use any such data.
• The contract does not affect each party's ability to work with other parties.