3.TERMS OF USE FOR PRACTITIONER’s OR The Service Provider /
Medical PractitionersS OR HOSPITAL OR THE PARTY OF THE
FIRST PART
The information contained within the pages of the Application is intended
solely for general informational purposes. The aforementioned is subject to
modification in the absence of utilisation. It is hereby stated that neither
HealthAbhi nor any Third Party offers any warranty or guarantee regarding the
accuracy, timeliness, performance, completeness, or suitability of the
information provided on this Application for any specific purpose.
It is duly noted that the aforementioned information and materials may
potentially contain inaccuracies or errors. HealthAbhi hereby disclaims any
liability for such inaccuracies or errors to the maximum extent permissible by
law.
If you are accessing, browsing, and using the Website or availing the services on
someone else’s behalf, you represent that you have the authority to bind that
person to all the terms and conditions herein. In the event that the person refuses
to be bound as the principal to these Terms, you agree to accept liability for any
harm caused by any wrongful use of the Website resulting from such access or use
of the Website in whatsoever nature.
From time to time, this application/Website may include hyperlinks to external
websites. Kindly take notice that the aforementioned hyperlinks have been
made accessible exclusively for your convenience and to furnish
supplementary information. We hereby declare that there is no indication of
our endorsement of the aforementioned website(s). It is hereby declared that
HealthAbhi shall not assume any responsibility or liability for the content that
may be found on any linked website/s.It is hereby advised that without the
prior written consent of HealthAbhi, any creation of a link to this Application
from another website or document is prohibited
The entirety of the information, content, and material, inclusive of the
software, text, images, graphics, video, and audio services, are the exclusive
intellectual property of HealthAbhi and are protected under copyright law. All
trademarks, service marks, trade names, and trade dress are the exclusive
property of HealthAbhi. It is understood that the trademark "HealthAbhi '' is
currently under registration and is owned by its authorised representative. The
utilisation of this trademark is strictly prohibited without obtaining prior
written authorization from HealthAbhi's signatories. It is strictly prohibited to
copy, download, reproduce, modify, republish, upload, post, transmit, or
distribute any information, content, or material from the services without
obtaining prior written permission from HealthAbhi. It should be noted that no
licence or any other right, interest, or title to or in any of the intellectual
property rights belonging to HealthAbhi shall be conferred to the Practitioner.
It is hereby stated that HealthAbhi shall maintain exclusive ownership and
possession of the aforementioned information, content, or materials, along
with all associated intellectual property rights.
It is hereby stated that HealthAbhi or any of its subsidiaries or content partners
shall not be held liable for any loss or damage arising from the use of our
services, including but not limited to electronic and/or software-related issues
such as data loss or impact on processing speed.
It is prohibited to engage in the decompilation, reverse engineering, or
disassembly of the website and/or the Application's contents. It is strictly
prohibited for you to engage in any commercial activity or benefit from the
service in any way. Additionally, you may not advertise, sell services, or
engage in any profit-seeking activities, nor may you solicit others or use any
public forum for commercial purposes. Any unlawful use of the service or any
activity that causes harm to the patient or any other individual or entity, as
determined by HealthAbhi, is strictly prohibited
The Application and its content, as furnished by HealthAbhi, are in accordance
with the Android Operating System's Version 5.1 Jelly Bean (API level 16)
and higher, as well as all existing iOS versions. HealthAbhi shall not assume
any responsibility or liability, nor shall it have any obligation, if the
aforementioned clause is not adhered to on any device other than those
explicitly specified.
In the hypothetical scenario of your violation of the aforementioned Terms of
Use, it is hereby agreed that "HealthAbhi" shall suffer irreparable harm and
shall not possess an adequate remedy in the form of monetary compensation or
damages. Accordingly, it is hereby established that in the event of a breach,
HealthAbhi shall be entitled to promptly request an injunction from a court of
competent jurisdiction. The entitlement of "HealthAbhi" to procure such
redress shall not restrict its entitlement to procure other legal remedies.
HealthAbhi hereby disclaims any responsibility and shall not be held liable for
any actions taken by the Practitioner/Service Provider / Medical Practitioners
including but not limited to purchasing, consuming, selling, or utilising any of
the products or services advertised on the Application through links to external
websites. The Practitioner undertakes such actions at his or her own peril. It is
advised by "HealthAbhi" that prior to the purchase, consumption, sale, or
usage of any products as mentioned in this clause, it is the responsibility of the
Practitioner to seek consultation from their medical practitioner.
During the utilisation of the Platform, there exist certain categories of conduct
which are explicitly forbidden, as delineated in the following enumeration.
Kindly peruse this inventory with the utmost attention. In the event of
non-compliance with the provisions outlined herein, it is possible that your
Account (as defined below) may be suspended or blocked, and your use of the
Platform may be restricted. Additionally, such non-compliance may subject
you to civil and/or criminal liability.
It is impermissible for you, whether acting alone or through a representative,
to:
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Business has the legal right to provide the Services that are
contemplated by this Agreement.
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Business is fully-licenced (to the extent required by applicable law)
and authorised to provide the Services contemplated by this
Agreement within the jurisdiction in which Business intends to
offer such Services, and has the required skill, experience, and
qualifications to perform the Services;
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Business shall perform the Services in a professional and diligent
manner in accordance with best industry standards for similar
services, including the completion of all Bookings referred to
Business that it opts to book through the Platform;
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Business shall perform the Services in accordance with all
applicable laws, rules and regulations; and
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all Personnel utilised in connection with the Services have the legal
right to work in India. Business acknowledges that its failure to
comply with this clause shall constitute a material breach of this
Agreement.
It is hereby agreed that you shall procure and maintain adequate professional
liability insurance throughout the term of your Services incase of any errors,
omissions or negligence by you at your own costs and expenses, as required
by applicable laws and regulations governing the provision of your Services.
The coverage obtained shall be reasonably sufficient, as determined at your
discretion and in the view of a reasonable medical professional, to cover
your risks and liabilities under these Terms.
It is hereby agreed that your utilisation of the Platform and the upholding of
your Account has not been subjected to any prior suspension or blockage by
our organisation.
It is imperative to note that you bear complete and exclusive responsibility
for your actions on the Platform, as well as any material that you may post,
transmit, or transfer, either personally or on your behalf. This includes but is
not limited to, any content that you may transmit to any of the Users. It is
hereby acknowledged and agreed that the Company and its affiliates shall not
be deemed as either the provider or the recipient of any of Your Services that
you may provide to any of the End-Users.
It is hereby represented and warranted to the Company and the End-Users by
you that:
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The undersigned affirms that all materials, certification,
information, and other data, including personal information and
professional certification, provided to the Company and End-Users
during the Account application process or thereafter are truthful,
valid, accurate, correct, and not misleading. It is understood that the
Company is not obligated to request or independently verify such
certification or its accuracy.
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You represent and warrant that that you shall execute your duties
with utmost professionalism and diligence, adhering to the most
elevated standards that are relevant to your services and/or area of
expertise, or in a broader sense. It is imperative that you
consistently guarantee that the delivery and presentation of your
services to the end-users are in accordance with all laws and
regulations, as well as the professional and ethical standards that
are relevant to your profession and field of expertise within your
jurisdiction. It is hereby acknowledged and agreed by You that it is
Your duty and obligation to thoroughly examine and assess the laws
and regulations that pertain to Your profession within Your
jurisdiction, to ascertain whether or not the acceptance of Booking
Requests (as defined below) and the rendering of Your Services to
the End-Users, comply with all applicable laws and regulations, as
well as the ethical and professional responsibility standards.
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It is duly noted that you agree and accept that the Company
(HealthAbhi) does not offer medical services or medical advice. It
is solely your responsibility to ensure that any medical services or
medical advice provided as part of Your Service, including those
provided through the Platform, are accurate and appropriate. Any
conflict arising between yourself and an End User of the Platform
must be resolved through direct communication with the said End
User. It is incumbent upon you to assume full responsibility for
your utilisation of the Platform for rendering services, in addition to
any surveillance or subsequent actions related to medical care,
prescriptions, and other similar matters that you consider
appropriate as a medical Service Provider / Medical Practitioners.
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It is understood and acknowledged by you that the Company may
refer to you as an End User who accesses the Platform through, or
whose details are received from, medical insurance companies and
other similar entities that operate in the medical insurance field
(each referred to as a "Medical Insurer"). It is hereby clarified that
the Company retains the right to engage in or discontinue
collaboration with Medical Insurers, without incurring any liability
towards you. Additionally, the Company reserves the right, at its
sole discretion or as directed by a Medical Insurer, to determine
whether End Users who arrive via a particular Medical Insurer will
be referred to You or any other designated medical Service Provider
/ Medical Practitioners.
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It is within your comprehension and acknowledgment that specific
medical services, such as surgery, and any other medical services
that but only with prior written notification to you. These services
are henceforth referred to as the "Excluded Services” and are not
covered by the terms and will not be offered through the Platform.
You are obligated to abstain from delivering these services to End
Users via the Platform unless there is a separate agreement with the
Medical Insurer. The Company will not assume any liability in this
regard.
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Furthermore, it is hereby acknowledged that the timely
communication with End-Users seeking advice and/or consulting
services from you as a Health Care Service Provider / Medical
Practitioners is of utmost importance. It is within the purview of the
Company to conduct periodic quality checks on the timeliness of
Your correspondence with End-Users, but such an undertaking is
not mandatory. It is hereby clarified that the Company shall not
undertake any review of the communication content between You,
being a Practitioner, and an End-User, with whom You
communicate through the Platform and/or to whom You provide
Your Services or intend to provide Your Services, except for the
purpose of technical support, wherein the content of such
communication may be monitored and reviewed.
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It is hereby agreed that the undersigned shall promptly notify
"HealthAbhi" in writing or via mail at admin@healthabhi.com in
the event that the undersigned's content is unlawfully appropriated
or if the undersigned becomes cognizant of any fraudulent or
improper use of the undersigned's account with any Service. It is
imperative that upon contacting or corresponding with us, you
furnish us with your account particulars and a comprehensive
account of the events surrounding the theft or deceitful utilisation
of the Services. In the event of a failure to promptly address or
rectify any improper use within a reasonable time frame, a period
of fifteen (15) days following the discovery of such use, it is
possible that your Subscription Services may be terminated and that
you may incur additional charges. In the event of any misuse of
your account or any stolen Subscription Services or fraudulent use
of the Service, you shall be held accountable for all usage of the
Subscription Services. Pursuant to the provisions herein, it is
hereby stated that "HealthAbhi" shall not assume any liability to
prolong the subscription duration or waive any charges, if any, in
the event of theft or fraudulent usage, regardless of any contrary
provisions contained herein. The aforementioned comprises
instances such as, but not restricted to, the commandeering of
modems, the commandeering of wireless networks, or any other
fraudulent activity resulting from a deficiency in your internal or
corporate security protocols. It is hereby stated that "HealthAbhi"
shall not be liable to issue any refunds in the event of fraudulent use
arising out of your negligent or willful acts or those of an
authorised Practitioner of your Subscription Services.
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HealthAbhi does not provide or make any representation, warranty
or guarantee, express or implied about the Website or the Services.
HealthAbhi does not guarantee the accuracy or completeness of any
content or information provided by Users on the Website. To the
fullest extent permitted by law, HealthAbhi disclaims all liability
arising out of the User’s use or reliance upon the Website, the
Services, representations and warranties made by other Users, the
content or information provided by the Users on the Website, or any
opinion or suggestion given or expressed by HealthAbhi or any
User in relation to any User or services provided by such User.
The Service Provider / Medical Practitioners hereby represents and warrants
that:
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among other things, he or she is qualified to provide medical services
within the territory of India, has obtained all licences necessary by law
to do so, and
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among other things, he or she is qualified to provide medical services
within the territory of India, has obtained all licences necessary by law
to do so, and
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has not done anything to jeopardise the continuation or renewal of
those licences, and has provided HealthAbhi with true, accurate,
complete, and up-to-date information about their credentials.
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Practitioner/Service Provider / Medical Practitioners acknowledges
that he or she will always uphold all applicable medical rules, including
the standards of professional conduct set forth by relevant laws.
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Practitioners must notify HealthAbhi and renew their licences to
practise medicine as soon as possible.
4. LISTING & REGISTERING POLICY
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In order to use the Website and avail the services, you are required to sign up by
creating an account. The account information will not be used for any other
purpose except with your prior consent. You must read, agree with and accept all
of the terms and conditions contained in these Terms, including the Privacy
Policy. You will be responsible for maintaining confidentiality of your account,
password, and restricting access to your computer, and you hereby accept
responsibility for all activities that occur under your account and password.
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During the registration process you are also required to submit your personal or
sensitive information governed under SPI Rules, 2011, which may include
information relating to your health, name, age, gender, mobile device, mobile
number, location etc. You agree that the information provided by you upon
registration and at all times thereafter will be true, accurate, current, and
complete. You agree to maintain and update this information to keep it true,
accurate and complete at all times while using the Website and availing the
services. You also acknowledge that the information you provide, in any manner
whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
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It is duly noted that the Company reserves the right to exercise its sole and
absolute discretion in rejecting an application made by the Service Provider /
Medical Practitioners to establish an Account if it amounts to any material
breach that jeopardises the interests of the Users. Please be advised that the
Company reserves the right to conduct verification of any certification or
documents submitted, although it is not under any obligation to do so.
Furthermore, it is within the purview of the Company to scrutinise Your profile
and rectify any typographical or orthographical errors or to decline or
eliminate any content uploaded by You on the Platform, including content
within Your profile, at its exclusive discretion. This includes but is not limited
to, content that is deemed unsuitable or in contravention of the provisions
outlined in these Terms, either during the Account creation process or at a
subsequent stage. Upon the creation of Your Account, You shall be deemed a
registered Practitioner or a health care Service Provider / Medical Practitioners
and Your name shall be appended to the Platform's Practitioners list in
accordance with Your professional expertise and background. To eliminate any
ambiguity, it is hereby clarified that any advice or consulting service rendered
by You in connection with Your Services shall not be construed or inferred as
an advice or consulting service provided by or on behalf of the Company.
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It is hereby clarified that the Company shall not be obligated to provide every
Practitioner to every End-User for every query. The Company shall exercise its
sole discretion in determining which Practitioners are relevant and adequate to
a specific request, taking into account factors such as field of expertise,
location, and other relevant considerations. Only such Health Care Service
Provider / Medical Practitioners shall be presented to an End-User in each
case. It is hereby stated that the Company shall not assume any liability
towards You if the Services provided by You are not offered to an End-User,
regardless of the reason.
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You are hereby notified and have consented that the action of establishing an
Account and submitting any material and data under Your profile shall be
exclusively at Your own peril. It is of utmost importance that you thoroughly
evaluate and accept all responsibilities pertaining to the use of the Platform, in
addition to the exhibition and provision of your Services to the End-Users.
Please be advised that the Company retains the right to (i) temporarily or
permanently suspend Your Account at its sole and absolute discretion, and/or
(ii) modify and/or alter any feature and/or functions that are currently available
or may become available in the future on the Platform, without providing
notice to You, and at its sole discretion.
5. DISSEMINATING INFORMATION
HealthAbhi collects, directly or indirectly, and displays on the Website,
relevant information regarding the profile and practice of the Health Care
Service Provider / Medical Practitioners listed on the Website, such as their
specialisation, qualification, fees, location, visiting hours, and similar details.
HealthAbhi takes reasonable efforts to ensure that such information is updated
at frequent intervals. Although HealthAbhi screens and vets the information
and photos submitted by the Practitioners, it cannot be held liable for any
inaccuracies or incompleteness represented from it, despite such reasonable
efforts. HealthAbhi, both directly and indirectly, procures such information and
subsequently disseminates said information on the Application. Upon the
request of the provider, HealthAbhi is authorised to remove any portion of said
Service Provider / Medical Practitioners’s profile on the Application. However,
it should be noted that HealthAbhi is not obligated to remove any publicly
available information regarding the Service Provider / Medical Practitioners,
including but not limited to their profile, contact information, and/or practice.
The collection of Service Provider / Medical Practitioners’s profiles, contact
details, and practice information are intended solely to facilitate interaction
between and among End-Practitioners, members of the public, and
Practitioners. In the event that any information presented on the Application
pertaining to your profile is discovered to be inaccurate, it is imperative that
you promptly notify HealthAbhi to facilitate the requisite modifications.
Subscription Services, the user shall be held liable and shall indemnify the
Service Provider / Medical Practitioners against any and all claims, damages,
and expenses arising therefrom.
It is hereby stated that HealthAbhi shall not bear any liability or responsibility
for the inclusion of Practitioners on external websites and search engines,
solely on the grounds of their listing on this Application.
It is hereby stated that HealthAbhi shall not be held accountable or liable for
any losses, damages, injuries, or expenses incurred by the Practitioners in any
way. This is a direct result of any disclosures or publications made by
HealthAbhi, provided that the Service Provider / Medical Practitioners has
given express or implicit consent to such disclosures or publications. In the
event that the Practitioner had withdrawn their consent in accordance with the
provisions of the Privacy Policy, it is hereby stated that HealthAbhi shall not
assume any responsibility or liability whatsoever towards the Service Provider
/ Medical Practitioners with respect to any losses, damages, injuries, or
expenses that may have been incurred by the Practitioner due to any
disclosures made by HealthAbhi prior to the actual receipt of such revocation.
HealthAbhi shall not be liable for :
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the ability or intent of the Service Provider / Medical Practitioner(s) or
the lack of it, in fulfilling their obligations towards Users;
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any wrong medication or quality of treatment being given by the
Practitioner(s), or any medical negligence on part of the Service
Provider / Medical Practitioner(s);
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inappropriate treatment, or similar difficulties or any type of
inconvenience suffered by the User due to a failure on the part of the
Service Provider / Medical Practitioners to provide agreed Services;
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any misconduct or inappropriate behaviour by the Practitioner or the
Practitioner’s staff;
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cancellation or no show by the Practitioner or rescheduling of booked
appointments or any variation in the fees charge.
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It is hereby stated that HealthAbhi retains the prerogative to disclose the
Practitioner's information to a third party, provided that prior explicit informed
consent has been obtained from the Practitioner.
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As a Service Provider / Medical Practitioners, you hereby affirm and guarantee
that you shall utilise the aforementioned Services in strict compliance with the
relevant laws and regulations. It is imperative to note that any violation of the
relevant legislation arising from your utilisation of the aforementioned
Services shall be exclusively attributed to you, and HealthAbhi shall not be
held accountable for such actions.
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HealthAbhi shall endeavour to ensure that the interaction with the Service
Provider / Medical Practitioners on the Application is facilitated. However, it
is hereby clarified that HealthAbhi does not provide any guarantee with respect
to the confirmation of appointments or interactions with doctors, clinics, or
healthcare providers. Furthermore, it is hereby stated that HealthAbhi shall not
be held liable in the event that the aforementioned interaction is confirmed but
subsequently cancelled by the end-Practitioner, or if the end-Practitioner is
unavailable at the appointed time, or if the appointment is cancelled.
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Users are allowed to provide feedback about their experiences with the Service
Provider / Medical Practitioners(s), however, the User shall ensure that the
same is provided in accordance with applicable law. User however understands
that, HealthAbhi shall not be obliged to act in such manner as may be required
to give effect to the content of Users feedback, such as suggestions for
delisting of a particular Practitioner from the Website.
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The Website may be linked to the website of third parties, affiliates and
business partners. HealthAbhi has no control over, and is not liable or
responsible for content, accuracy, validity, reliability, quality of such websites
or made available by/through our Website. Inclusion of any link on the Website
does not imply that HealthAbhi endorses the linked site. Users may use the
links and these services at User’s own risk.
6. BOOKING AND END-USER SERVICES
From time to time, in their sole and complete discretion, Users will post
Bookings on the Platform to several practitioners, setting out the nature of the
Services required (the “Bookings”).
Upon your acceptance of a booking request, you agree to promptly and
without undue delay respond to the end-user who submitted the booking
request. You are entitled to either accept or reject a Booking Request
within a specified timeframe, as clearly stated in the Notification. In
accordance with the terms and conditions outlined in the agreement, it is
hereby stated that the initial reply from any qualified Practitioner in
response to a specific Booking Request may result in the automatic
nullification of all subsequent replies from other Practitioners. This will
result in the Practitioner whose response was the earliest, based solely on
the practitioner's request by the End-User and provided that the first
Practitioner responded within the designated time frame, being granted
the appointment.
HealthAbhi does not guarantee any minimum number of Bookings will be
available to Service Provider / Medical Practitioners at any point during the
term of this Agreement
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It is agreed that you shall exercise due diligence in perusing the
remarks, publications, appeals, and inquiries made by End-Users,
and endeavour to provide expeditious, lucid, and amicable
responses thereto. Please refrain from using language that is
abusive or profane. Please be advised that it is recommended to
solely acknowledge a Booking Request if you possess the capability
to promptly address it. Please be advised to make all reasonable
efforts to provide prompt notification if you do not intend to
respond to a Booking Reques
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It is incumbent upon every Practitioner to duly acknowledge and
abide by all Booking Requests that have been accepted by them
through the Platform. It is imperative that the End-User adheres to
the requirement of meeting the identical Practitioner with whom
the Booking Request has been validated, and under the identical
terms (time, place, price, etc.) as confirmed. It is advised that both
parties involved in an appointment, namely the Practitioner and
the End User, engage in communication regarding any anticipated
delay or cancellation of the appointment, to the extent feasible, at
least 3 (three) hours before the scheduled appointment time.
Pursuant to the foregoing, it is duly noted that you, the user,
acknowledge and affirm that HealthAbhi extends two forms of
leniency to end users. :
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In the event that an End User submits a Booking Request
beyond the 3-hour cancellation window, but the Practitioner
subsequently confirms the Booking Request within the said
window, the End User shall be granted a grace period
(defaulting to 10 minutes) to cancel the Booking Request,
provided that the cancellation occurs no less than the
minimum period before the scheduled appointment
(defaulting to 30 minutes). It is important to note that both
aforementioned time frames are subject to configuration by
HealthAbhi at its reasonable discretion.
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Upon confirmation of an alternative Booking Request by an
End User, said End User shall be granted a regret period
during which they may rescind their confirmation and
cancel the Booking Request. The default duration of this
regret period shall be 5 minutes, although it may be
configured by HealthAbhi at its reasonable discretion,
provided that it shall never extend beyond 30 minutes prior
to the scheduled appointment.
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The user has the option to cancel the booking at any time,
and the refunded amount will be withdrawn from the
Service Provider / Medical Practitioners. This refund will
appear in their account within three days (T+3), and the
final refund, after deducting payment gateway charges, will
be processed within five days (T+5).
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It is agreed that to conclude the patient's process, the
Service Provider / Medical Practitioners must finalise it by
uploading the bill onto the portal and registering the patient
with HealthAbhi.
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Please be advised that End-Users have the right to submit
Reviews of You or other health care Service Provider /
Medical Practitioners to the Company at
Feedback@healthabhi.com. The contents of such Reviews
shall be owned by the Company and/or the End-User. The
Company may, at its discretion, choose to publish such
Reviews or portions thereof on the Platform for access by
other End-Users. It is important to note that the Company is
not responsible for the contents of Reviews and is under no
obligation to pre-screen, review, flag, filter, modify, refuse, or
remove any or all content from Reviews, except as required
by applicable law. Furthermore, it is possible that by using
the Platform, you may be exposed to content of Reviews that
you may find offensive or objectionable. Please note that the
Company shall not be held liable for any negative impact
that Reviews may have on your goodwill, reputation, or
business.
Once a Booking is booked, a contract is formed directly between the User and
Business for Business to complete the Booking on the terms of the Services
Agreement. Business agrees that Business’s name, E-mail Id and phone
number may be provided or made available to User by or on behalf of after
the Booking is booked.
Business shall be eligible to book Bookings through the HealthAbhi Platform
requesting any Services that Business is fully-licensed (to the extent required
by applicable law) and qualified to provide as indicated by Business in
HealthAbhi Platform.
To ensure that the HealthAbhi Platform remains a reliable source of referrals
and to ensure all qualified Businesses are able to access available Bookings,
once Business has been awarded the Booking, Business is contractually
obligated to complete the Booking at the Scheduled Time specified by, and to
the satisfaction of, the User. Business may reschedule a Booking without
Business incurring a fee, provided the Booking is rescheduled more than 48
hours prior to the Scheduled Time. If User and Business agree to reschedule,
Business agrees to notify HealthAbhi as promptly as possible so that
HealthAbhi may make that Booking available to other Businesses. In the event
that the User declines to reschedule, HealthAbhi shall have the right to make
the Booking available to other Businesses via the HealthAbhi Platform.
Business understands and agrees that Business’s failure to complete a Booking
in accordance with User’s specifications after he or she has booked that
Booking using the Platform constitutes a material breach of this Agreement
and could result in a fee being charged to Business as advised by HealthAbhi
from time to time.
HealthAbhi shall not control or have any right to control the manner or means
by which Business performs the Services, including but not limited to the time
and place Business performs the Services, the Bookings Business selects, the
tools and materials used by Business to complete the Bookings, the helpers,
assistants, subcontractors or other personnel (if any) (the “Personnel'') used by
Business to assist in completing Bookings, or the manner in which Business
completes the Bookings. HealthAbhi will not and has no right to, under any
circumstances, inspect Business’s work for quality purposes. Those provisions
of the Agreement reserving ultimate authority in HealthAbhi have been
inserted solely to achieve compliance with applicable laws, regulations, and
interpretations of these.
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Once a Booking is booked, a contract is formed directly between the User and
Business for Business to complete the Booking on the terms of the Services
Agreement. Business agrees that Business’s name, E-mail Id and phone
number may be provided or made available to User by or on behalf of after
the Booking is booked.
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Business shall be eligible to book Bookings through the HealthAbhi Platform
requesting any Services that Business is fully-licensed (to the extent required
by applicable law) and qualified to provide as indicated by Business in
HealthAbhi Platform.
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To ensure that the HealthAbhi Platform remains a reliable source of referrals
and to ensure all qualified Businesses are able to access available Bookings,
once Business has been awarded the Booking, Business is contractually
obligated to complete the Booking at the Scheduled Time specified by, and to
the satisfaction of, the User. Business may reschedule a Booking without
Business incurring a fee, provided the Booking is rescheduled more than 48
hours prior to the Scheduled Time. If User and Business agree to reschedule,
Business agrees to notify HealthAbhi as promptly as possible so that
HealthAbhi may make that Booking available to other Businesses. In the event
that the User declines to reschedule, HealthAbhi shall have the right to make
the Booking available to other Businesses via the HealthAbhi Platform.
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Business understands and agrees that Business’s failure to complete a Booking
in accordance with User’s specifications after he or she has booked that
Booking using the Platform constitutes a material breach of this Agreement
and could result in a fee being charged to Business as advised by HealthAbhi
from time to time.
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HealthAbhi shall not control or have any right to control the manner or means
by which Business performs the Services, including but not limited to the time
and place Business performs the Services, the Bookings Business selects, the
tools and materials used by Business to complete the Bookings, the helpers,
assistants, subcontractors or other personnel (if any) (the “Personnel'') used by
Business to assist in completing Bookings, or the manner in which Business
completes the Bookings. HealthAbhi will not and has no right to, under any
circumstances, inspect Business’s work for quality purposes. Those provisions
of the Agreement reserving ultimate authority in HealthAbhi have been
inserted solely to achieve compliance with applicable laws, regulations, and
interpretations of these.
7. RECOVERY OF PRACTITIONER’S DATA
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It is hereby stated that in the event of the Service Provider / Medical
Practitioners’s request made within 30 (thirty) days subsequent to the effective
date of termination of a Subscription Services subscription due to non-payment
or any other reason deemed detrimental to the image of "HealthAbhi,"
"HealthAbhi" shall provide the Practitioner with the option to download a copy
of their data in either pdf format or any other format as determined by
"HealthAbhi." Upon the expiration of the aforementioned thirty-day period,
"HealthAbhi" shall not be held responsible for the maintenance or provision of
any data pertaining to the aforementioned practitioner. Furthermore, unless
legally restricted, "HealthAbhi" shall proceed to expunge all data related to the
practitioner from its systems or any other location under its possession or
control. In the event that the Practitioner chooses to terminate the subscription,
it shall be incumbent upon said Service Provider / Medical Practitioners to
ensure the preservation of their data by creating a copy thereof prior to the
termination of the subscription. In the event of subscription termination, it is
hereby stated that practitioner data shall not be accessible.
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It is hereby stated that "HealthAbhi" shall not be held liable for any obligation
or responsibility towards the the Service Provider / Medical Practitioners with
regards to the speed of the internet, availability of Wifi facility, or the use of
3G or 4G services in relation to the use of the application by the Provider. It is
hereby stated that in the event of any loss of data, communication, or other
related issues arising from a default in internet services, as previously
mentioned, the Service Provider / Medical Practitioners shall bear full
responsibility. It is further clarified that "HealthAbhi" shall not be held
accountable for any such occurrences.
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"HealthAbhi" hereby disclaims any liability pertaining to the fees imposed by
the Service Provider / Medical Practitioners with regard to Internet data usage
and the expenses borne by the Practitioner for utilising the application via the
Internet. It is hereby stipulated that the onus of ensuring the provision of
satisfactory service lies solely with the Service Provider / Medical
Practitioners, and "HealthAbhi" shall not bear any liability for any complaints
or grievances arising from the service provided by the Service Provider /
Medical Practitioners.
CANCELLATION AND REFUND POLICY
1. The user has the option to cancel the booking at any time, and the refunded amount
will be withdrawn from the service provider. This refund will appear in their
account within three days (T+3), and the final refund, after deducting payment
gateway charges, will be processed within five days (T+5). It is advised that both
parties involved in an appointment, namely the Practitioner and the End User,
engage in communication regarding any anticipated delay or cancellation of the
appointment, to the extent feasible, at least 3 (three) hours before the scheduled
appointment time. In the event that an End User submits a Booking Request beyond
the 3-hour cancellation window, but the Practitioner subsequently confirms the
Booking Request within the said window, the End User shall be granted a grace
period (defaulting to 10 minutes) to cancel the Booking Request, provided that the
cancellation occurs no less than the minimum period before the scheduled
appointment (defaulting to 30 minutes).
8. PROFILE OWNERSHIP AND EDITING RIGHTS
HealthAbhi ensures easy access to the Practitioners by providing a tool to
update your profile information. HealthAbhi reserves the right of ownership
of all the Practitioner’s profile and photographs and to moderate the changes or
updates requested by Practitioners. However, HealthAbhi takes the
independent decision of whether to publish or reject the requests submitted for
the respective changes or updates. You hereby represent and warrant that you
are fully entitled under law to upload all content uploaded by you as part of
your profile or otherwise while using HealthAbhi services, and that no such
content breaches any third-party rights, including intellectual property rights.
Upon becoming aware of a breach of the foregoing representation, HealthAbhi
may modify or delete parts of your profile information at its sole discretion
with or without notice to you.
11. TERMS OF CONSULTATION AND FEE PAYMENT
By replying to the health-related questions that Patients post on their Health
Accounts using the specialised software that HealthAbhi provides or enables
the to Practitioners/Health Service Provider / Medical Practitionerss to
communicate with Patients.
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The Patient may submit inquiries on their Health Accounts, and such
inquiries will only be forwarded to the selected
Practitioner/Hospital/Health Service Provider / Medical Practitioners.
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Practitioner and other Health Service Provider / Medical Practitionerss
undertake not to use language that could be seen as abusive, offensive,
or insulting to the Patient or to people in general while responding in
writing to a patient's inquiry that counts as the performance of his or
her services.
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The Practitioner/Service Provider / Medical Practitionerss and
HealthAbhi shall not be held responsible or liable for such charge in
the event that the Practitioner reveals as part of his response the
pre-consultation fee payable for the advice obtained through the private
question
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HealthAbhi maintains the right to alter the conditions of payment
whenever they see fit. By continuing to use the services and Doctor
App, the Practitioner is indicating his or her agreement with the
amendment.
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By signing this agreement, the Service Provider / Medical Practitioners
acknowledges that it will only use the website or Application for the
purposes outlined in these Terms of Use and will not use it for any
unauthorised or illegal purposes, including impersonating others.
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In the event that the Service Provider / Medical Practitioners violates
any terms and conditions of these terms of use, our privacy statement,
or any relevant laws, HealthAbhi retains the right to terminate any
account of the Service Provider / Medical Practitioners;
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Information sent to HealthAbhi by a Practitioner or any Service
Provider / Medical Practitioners cannot be verified or
authenticated;
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HealthAbhi, in its sole and absolute discretion, deems that the
Practitioner's activities may expose HealthAbhi or other
Practitioners to legal liability and/or may negatively impact the
services provided by HealthAbhi.
The Service Provider / Medical Practitioners hereby agrees that only he/she
shall be permitted to perform the services for any Patient who contacts the
Practitioner using HealthAbhi and that the Practitioner shall not be permitted
to transfer the performance of the Practitioner's Services to any other person,
whether or not such person is under their supervision. The Practitioner hereby
agrees to hold HealthAbhi harmless from any claim or loss that HealthAbhi
may incur as a result of such use and accepts full responsibility and liability for
the use of HealthAbhi, including the performance of its services, by any other
party claiming to be the Practitioner.
By signing this agreement, the health Service Provider / Medical Practitioners
pledges to treat all patient information with the utmost confidentiality. The
practitioner acknowledges that he or she will not reveal to anyone else any
information or documentation given by a patient, nor will he or she permit
anyone else to get such information or documentation through any act or
omission. Without the patient's permission, the practitioner may not divulge
any confidential information about the patient. In no event shall HealthAbhi be
held accountable for any such disclosure.The practitioner commits to using his
or her best efforts, skill, and capacity to provide his or her services and
satisfy their duties to their patients.
Service Provider / Medical Practitioners acknowledges that he or she has no
objections to having any or all of his or her information made available to the
general public via HealthAbhi.
The Service Provider / Medical Practitioners hereby consents to assign all
intellectual property rights contained in the responses he or she provides to
HealthAbhi for use by HealthAbhi globally.
Any message delivered to the Practitioner or Service Provider / Medical
Practitioners by or via HealthAbhi is exclusively based on data that the Patient
has uploaded. HealthAbhi disclaims all liability for any inaccuracies or
incompleteness in the information provided, even if an unintended receiver
receives a communication as a result.
In the event of any breach, default, contravention, nonobservance,
nonperformance, or improper performance of any of its obligations or the
terms, conditions, covenants, or provisions contained in this Terms of Use,
Practitioner shall indemnify and hold HealthAbhi harmless from and against
all actions, claims, damages, losses, and expenses, including court costs and
reasonable attorneys' fees.
HealthAbhi will not be held liable for any act, including but not limited to,
data loss, service interruptions, practitioner discomfort, virus and hacking
attacks, application maintenance, application upgrades, or any other act that
may result from a Force Majeure.
Practitioners are also prohibited from compromising the security or integrity of
the Application or any HealthAbhi Content by any means;
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providing any information on or through the Application that is
disruptive to or competitive with HealthAbhi's provision of Services,
including job postings, communications, and hyperlinks;
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purposefully providing any incomplete, incorrect, or inaccurate
information on the application;
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sending any unsolicited messages to other professionals;
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utilising any navigation or search technology (including but not limited
to spiders, robots, avatars, or intelligent agents) to navigate through or
search the Application;
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attempting to reverse engineer, interpret, decompile, or disassemble
any component of the Application;
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any kind of copying or duplication of information available through the
Application including content;
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framing or hot linking or deep linking of any Content.
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Sending any message that falls under the definition of "spam," which includes
but is not limited to
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internet-based communications that are irrelevant or unwelcome and
are often delivered to a large number of Practitioners for marketing,
phishing, malware distribution, etc.
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Sending the same or similar message indiscriminately in response to
any item that has been flagged as spam by its recipient is considered
unwanted or invasive advertising on the application.
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Please note that some of the content, text, data, graphics, images, information,
suggestions, guidance, and other material (collectively, “Information”) that
may be available on the Website (including information provided in direct
response to your questions or postings) may be provided by individuals in the
medical profession. The provision of such Information does not create a
licensed medical professional/patient relationship, between HealthAbhi and
you and does not constitute an opinion, medical advice, or diagnosis or
treatment of any particular condition, but is only provided to assist you with
locating appropriate medical care from a qualified practitioner.
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It is hereby expressly clarified that, the Information that you obtain or receive
from HealthAbhi, and its employees, contractors, partners, sponsors,
advertisers, licensors or otherwise on the Website is for informational purposes
only. We make no guarantees, representations or warranties, whether expressed
or implied, with respect to professional qualifications, quality of work,
expertise or other information provided on the Website. In no event shall we be
liable to you or anyone else for any decision made or action taken by you in
reliance on such information.
12. LIMITATION OF LIABILITY
14.1. HealthAbhi, or any of its directors, officers, employees, agents, or content or
Service Provider / Medical Practitioners (collectively, the "Protected Entities"),
shall not be liable for any direct, indirect, special, incidental, consequential,
exemplary, or punitive damages resulting from, or directly or indirectly related
to, the use of, or the inability to use, the Application or the content, materials,
and functions related thereto, the Services. This exclusion applies even if
HealthAbhi was negligent The Protected Entities are never responsible for any
content posted, transmitted, exchanged, or received by or on behalf of any
Patients or other person on or through the Application; any unauthorised
access to or alteration of your transmissions or data; or any other issue relating
to the Application or the Service. The provision of all or any services by
Practitioners to End-Practitioners contacted or managed through the
Application; any content posted, transmitted, exchanged, or received by or on
behalf of any Patients or other person.
The Protected Entities' total cumulative liability to a Practitioner for all losses,
damages, and causes of action (whether in contract or tort, including, but not
limited to, negligence or otherwise) resulting from this Agreement or a
Practitioner's use of the Application or the Services shall in no event exceed
Rs. 1000/- (Rupees One Thousand Only).
The utilisation of the website and/or the platform is exclusively at your own
peril. It is hereby stated that no liability shall be assumed by us for any
damages resulting from or arising out of the services and/or advice provided
by you to users. This includes but is not limited to, any damages, loss, or costs
suffered by the company and/or a user to whom you offered/provided your
services. Furthermore, we shall not be held liable for any damage caused to
you by any of the users, regardless of whether we or an authorised
representative of ours has been advised of the possibility of such damages.
Please be advised that by using the website and/or platform, you are hereby
releasing us from any liability for any damage that may be caused to you. This
includes but is not limited to, any damages that may be caused to you due to a
claim or demand by a user to whom you offered/provided your services. It is
important to note that liability for damages shall be limited to the amount of
fees actually paid by you to the company over the six (6) month period
preceding the cause of liability, except where liability is mandatory.
Please be advised that neither the COMPANY nor its officers, directors,
employees, agents, or shareholders shall, under any circumstances, be held
liable to you for any damages that are indirect, incidental, consequential,
special, punitive, or exemplary in nature. This includes but is not limited to,
any loss of revenue and/or profits that may arise in connection with the
offering or provision of your services to the users.
18.WAIVER
No term of this Agreement may be waived, and no breach may be excused, unless
HealthAbhi agrees to do so in writing and signs it. Any approval by HealthAbhi of a
breach by you or any waiver of that breach by HealthAbhi, whether express or
implied, does not imply approval of that breach or a waiver of any subsequent or
different breaches
Annexure 1
The policy is governed by HealthAbhi and is applicable to all Users.
1. Why Have a Policy for Fraud Detection?
The role of the Practitioner and management in relation to reporting fraud or
suspected fraud during the use of the application as provided by ___ is
outlined in the _________ fraud management policy. Fraud or any suspicion
of fraud must be reported.
2. What is the Fraud Policy's capacity?
This policy will be applied to any irregularity, wrongdoing, or criminality
involving the application's practitioner and/or anybody with a legal
connection to HEALTHABHI. User shall mean as described in the Terms and
Conditions agreement for the purposes of this policy.
3. Describe fraud.
Fraud is generally understood to be an intentional act of deception done to
gain an unfair or illegal advantage. For the purposes of this policy, fraud
includes the following, without being limited to
a. theft of HEALTHABHI's assets, including its intellectual property
b. Giving HEALTHABHI fake information
c. Falsely reporting payments to HEALTHABHI
d. Blackmail
e. generates and disseminates fake reports or personal information about
HEALTHABHI with knowledge
f. intentional carelessness with the intent to harm HealthAbhi.
g. Acts of dishonor or carelessness that affect a person's reputation and
their health
Detecting fraud
Every User has a responsibility to protect themselves from fraud. Users are
supposed to recognize practices that may be open to fraud or suggestive of
fraud and alert HealthAbhi's concerned staff to such actions. Concerned
employees have a special obligation to be knowledgeable about potential
fraud kinds, be attentive to them, and put in place efficient controls to prevent
them.
Users must support internal HealthAbhi divisions, other relevant Divisions,
and law enforcement authorities in the identification, reporting, and
investigation of dishonest or fraudulent activities, as well as the prosecution
of offenders if warranted. When fraud is discovered, HealthAbhi is in charge
of taking the right corrective measures to make sure that sufficient controls
are put in place to ensure that improper behaviour doesn't happen again.
DEALING WITH FRAUD
Detecting fraud
It is required to report fraud or suspected fraud: Practitioners who conceal,
obstruct, or fail to report (or monitor) a fraud that they learn about or should
have known about may be deemed an accessory after the fact, and their
accounts may be terminated. A person's accounts with HealthAbhi will be
promptly revoked if they threaten retaliation against someone who reports
suspected fraud.
When dealing with suspected dishonest or fraudulent activity, extreme caution
must be used to prevent:
Notifying suspects that an investigation is ongoing, and Making statements
that could result in allegations of false accusations or other charges.
Particularly, the fraud suspect shouldn't be involved in the conversation.
The following guidelines must be followed for reporting fraud:-
a. Any user who suspects fraudulent activity should contact HealthAbhi
right away at admin@healthabhi.com
b. Because of the seriousness and intensity of the issue at hand, in some
circumstances, it may be better appropriate to report the situation to the
directors of HealthAbhi directly at healthabhi247@gmail.com.
c. In certain cases it may be more appropriate to report the matter to the
directors of HealthAbhi itself at healthabhi247@gmail.com because of
the seriousness and gravity of the issue concerned.
d. Both verbal and written reports of concerns are acceptable. When a
worry is expressed verbally, the User expressing the concern must
perform the following actions to make sure the recipient acknowledges
receipt of the concern in the way the Practitioner intended. These
efforts are taken to make sure the recipient understands that what is
meant to be a worry about potential fraud is not taken as a passing or
informal comment.
e. A formal message must be sent to the addressee by the Practitioner
who raised the concern. The written communication attests to the
following:
f. the fact that a suspicion of fraud was expressed (the specifics of the
suspicion need not be mentioned, only that a worry was expressed);
and the necessity of a written acknowledgment from the recipient to the
Practitioner. The recipient replies by sending a letter of
acknowledgement that they have received the message.
Once a report of suspected fraud is submitted to the appropriate person at
HealthAbhi, that person is expected to swiftly forward that information to the
authorised person of HealthAbhi; authorised person are then required by law
to take prompt and necessary action upon receiving a report of suspected
fraud.
Before launching an inquiry into a fraud suspect, the authorised person of
HealthAbhi must be notified. The authorised person will then choose the
appropriate course of action to correct such deception. All actions must
follow legal requirements. authorised person will be in charge of determining
how the fraud will be probed. This calls for the gathering, analysis, and
intervention of data as well as the examination of internal controls. If the
investigation calls for the use of technical skills, outside experts may lead or
participate in the investigation. Their findings, conclusions, and any
suggestions will be reported to the directors of HealthAbhi, who have the
authority to take any necessary and required legal action. Confidentiality must
always be upheld, and natural justice must always be followed.
For HealthAbhi Medical Service Pvt. Ltd.
___________________________
Authorised Signatory
For Medical Practitioner / User / Service Provider
__________________________