TERMS OF USE FOR HEALTH CARE PROFESSIONALS

These terms and conditions specific to Health C are Professionals HC Ps (“HC P Terms “) form a legally binding agreement between Agatsa S oftware Private Limited. (“We” or “Us” or Our or “Agatsa” or “C ompany”), having its registered office at F-329/4, Lado S arai, New Delhi INDIA 110030 and Y ou (“Y ou” or “Y our”), as an HC P User of Our Website, S ystem and S ervices.

Y ou and We are hereinafter collectively referred to as the “Parties”.

By clicking “sign up” or “start my free trial” or “get started for free” or the ‘I accept’ tab at the time of registration, or by entering into an agreement with Agatsa to provide committed services as set out in these HC P Terms , or through the continued use of the S ystem and/or S ervices, or by Accessing the S ystem and/or S ervices through any medium, including but not limited to accessing the S ystem through mobile phones, smart phones and tablets, Y ou agree to be subject to these HC P Terms.

We request Y ou to please read these HC P Terms carefully and do not click “sign up” or “start my free trial” or “get started for free” “I accept” or continue the use of the Website, S ystem and S ervice unless Y ou agree fully with these HC P Terms.

These HC P Terms are in addition to the Terms of Use of the Website available at https://www.Agatsa.com/terms, the Privacy

Policy https://www.Agatsa.com/privacy and any other policy which may govern the use of the Website, S ystem and S ervices (referred to as the “Other Terms ” and collectively with the HC P Terms referred to as “Agreement“)

  • Definitions
  • As used in these HC P Terms , the following terms shall have the meaning set forth below:  (i) “Account” means credit or debit balance maintained by Y ou with the Website;
  • (ii) “E ffective Date” means the Date on which Y ou accept these HC P Terms by clicking

‘S ign Up’ or “start my free trial” or “get started for free” or ‘I Accept’;

  • (iii) “User Information” means information regarding R egistered Users which includes personal and medical information and any other information which may be provided by a R egistered Users to Y ou or may be transferred to Y ou by Agatsa;
  • (iv) “S ervices” means the services offered to Y ou by Agatsa that involves use of the S ystem, which may include the practice management service, electronic medical records service and other services as may be introduced by Agatsa from time to time;
  • (v) “Website” means Agatsa.com
  • (vi) “S ystem” means the technology platform provided as part of the Website consisting of hardware and / or software used or provided by Us for the purpose of providing the S ervices to Y ou;
  • All other capitalized terms shall have the meaning ascribed to them in the Other Terms.
  • Grant of R ights
  • (i) S ubject to the terms of the Agreement, we grant to Y ou and Y ou accept a nonexclusive, personal, non-transferable, limited right to have access to and to use the S ystem for the duration of Y our engagement with Us.
  • The aforementioned right does not extend to : (a) use the S ystem for time-sharing, rental or service bureau purposes; (b) make the S ystem, in whole or in part, available to any other person, entity or business; (c) modify the contents of the S ystems and the Website or use such content for any commercial purpose, or any public display, performance, sale or rental other than envisaged in the Agreement; (c) copy, reverse engineer, decompile or disassemble the S ystem or the Website, in whole or in part, or otherwise attempt to

discover the source code to the software used in the S ystem; or (d) modify the S ystem or associated software or combine the S ystem with any other software or services not provided or approved by Us.

  • Y ou will obtain no rights to the S ystem except for the limited rights to use the S ystem expressly granted by these HC P Terms.
  • (ii) The S ystem/Website may links or references which direct you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively referred to as “Third Party Webs ites “). Links to such Third Party Websites are provided for your convenience only. Please exercise your independent judgment and prudence when visiting / using any Third Party Websites via a link available on the S ystem / Website. S hould Y ou decide to click on the links to visit such Third Party Website, Y ou do so of Y our own volition. Y our usage of such Third Party Websites and all content available on such Third Party Websites is subject to the terms of use of the respective Third Party Website and we is not responsible for Y our use of any Third Party Websites
  • B y accepting thes e HC P Terms , Y ou agree that:
  • (i) Y ou will acquire, install, configure and maintain all hardware, software and communications systems necessary to access the S ystem (“Implementation“) and receive the S ervices. To the extent possible, such an assessment should be done before making advance payment for the S ervice. Y our Implementation will comply with the specifications from time to time established by Us. Y ou will ensure that Y our

Implementation is compatible with the S ystem and S ervices. If We notify Y ou that Y our Implementation is incompatible with the S ystem and / or S ervices, Y ou will rectify such incompatibility, and We will have the right to suspend S ervices to Y ou until such rectification has been implemented. Under no circumstances will Y ou be eligible for any refund or any financial assistance in relation to Implementation.

  • E ngagement of HC Ps by Agats a
  • (i) In certain cases, Y ou and Agatsa may agree that Y ou will commit to providing information and responses on the Website for a specific period of time (such as a specific number of hours per day / week/ month). In such a case,
  • a) While all the terms of the Agreement will continue to apply to Y ou, there may be some additional terms which will apply to Y ou which will be agreed between Y ou and Agatsa.
  • b) Y ou and Agatsa will agree to a fixed amount which will be payable by Agatsa to Y ou for your engagement. In such case all HC P Fees which R egistered Users pay for your services will be retained by Agatsa and you will be paid the fixed amount agreed between Y ou and Agatsa.
  • Acces s to the S ys tem and Us e of S ervices
  • (i) Verification. Y ou agree that Y our receipt of S ervices is subject to verification by Us of Y our identity and credentials as a health care practitioner and to Y our ongoing qualification as such. As part of the registration process and at any time thereafter, Y ou may be required to provide Us with various information such as Y our Photo Id, Y our medical registration details (as recognized by the Medical C ouncil of India and Y our S tate Medical C ouncil), Y our qualifications and other information in order to prove that Y ou are a valid health care practitioner in the field that Y ou claim (“C redential Information“). We may verify such C redential Information or may ask Y ou for additional information. We may also make enquiries from third parties to verify the authenticity of Y our C redential

Information. Y ou authorize Us to make such enquiries from such third parties, and Y ou agree to hold them and Us harmless from any claim or liability arising from the request for or disclosure of such information. Y ou agree that We may terminate Y our access to or use of the S ystem and S ervices at any time if We are unable at any time to determine or verify Y our C redential Information. We reserve to right to carry out re-verification of C redential Information as and when required, and the above rights and commitments will extend to re-verification as well.

  • (ii) S afeguards.
  • a) Y ou will implement and maintain appropriate administrative, physical and technical safeguards to protect the S ystem from access, use or alteration; and Y ou will always use the User ID assigned to Y ou.
  • b) Y ou will immediately notify Us of any breach or suspected breach of the security of the S ystem of which Y ou become aware, or any unauthorized use or disclosure of information within or obtained from the S ystem, and Y ou will take such action to mitigate the breach or suspected breach as We may direct, and will cooperate with Us in investigating and mitigating such breach.
  • (iii) No Third-Party Access. Y ou will not permit any third party to have access to the S ystem or to use the S ystem or the S ervices without Our prior written consent. Y ou will not allow any third party to access the S ystem or provide information to R egistered Users/ Non-R egistered Users on the Website. Y ou will promptly notify Us of any order or demand for compulsory disclosure of health information if the disclosure requires access to or use of the S ystem or S ervices.
  • C ompliance
  • (i) Y ou are solely responsible for ensuring that Y our use of the S ystem and the S ervices complies with applicable law. Y ou will also ensure that Y our use of the S ystem, the Website and the S ervices in always in accordance with the terms of the Agreement. Y ou will not undertake or permit any unlawful use of the S ystem or S ervices, or take any action that would render the operation or use of the S ystem or S ervices by us.
  • (ii) Without limiting the generality of the foregoing, Y ou represent that Y ou shall not use the S ystem in violation of any applicable laws including MC Is C ode of Medical E thics R egulations or any other code of conduct governed by your council. Notwithstanding the generality of the foregoing, Y ou shall not use the S ystem to
  • a) Interact with a R egistered Users at the time of medical emergencies.
  • b) Discriminate in any way between appointments booked in the ordinary course and appointments booked through Agatsa.
  • c) Boast of cases, operations, cures or remedies through S ystem, S ervices or Website.
  • d) Directly or indirectly solicit R egistered Users for consultation.
  • e) C laim to be a specialist, through S ystem, S ervices or Website, unless Y ou have a special qualification in that branch.
  • f) Give any positive assertion or representation regarding the risk-free nature of communicating over online media.
  • (iii) Y ou shall keep Y our C redential Information updated and will inform Us immediately should any portion of Y our C redential Information be revoked, is cancelled or expires.
  • Us er information
  • (i) Y ou hereby acknowledge that Y ou may get access to User Information including identifiable health related information.
  • (ii) Y ou represent and warrant that Y ou will, at all times during the use of the S ervices and thereafter, comply with all laws directly or indirectly applicable to Y ou that may now or hereafter govern the collection, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of User Information, including but not limited to the Information Technology Act, 2000 and The Information Technology (R easonable S ecurity Practices and Procedures and S ensitive Personal Data or Information) R ules, 2011 made thereunder.,
  • (iii) Notwithstanding the generality of the aforementioned provision
  • (a) Y ou acknowledge that Y ou have read, understood and agree to comply with Agatsa’s Privacy Policy available at https://www.Agatsa.com/privacy when dealing with User Information.
  • (b) Y ou represent and warrant that Y ou will not use the User Information of R egistered Users and Non-R egistered Users for any other purpose than for providing information to such R egistered Users and Non-R egistered Users and /or fixing appointments with the R egistered Users.
  • C ooperation
  • (i) Y ou will cooperate with Us in the administration of the S ystem, including providing reasonable assistance in evaluating the S ystem and collecting and reporting data requested by Us for the purposes of administering the S ystem.
  • (ii) We may provide Y our reference to other potential users of the system as a referral to Our S ervices. In case Y ou would not like to be contacted by potential users, Y ou can send Us an email at info@Agatsa.com regarding the same. We shall cease providing Y our reference to potential users within 48 hours of receipt of such written request.
  • Providing Phys ician Data
  • Y ou agree that We may provide de-identified health information and other information including Y our personal information and information concerning Y our practice to any medical group, independent practice association of physicians, health plan or other organization including any organization with which Y ou have a contract to provide medical services, or to whose members or enrolees Y ou provide medical services. S uch information may identify Y ou, but will not identify any individual to whom Y ou provide services. S uch information may include (without limitation) aggregate data concerning Y our patients, diagnoses, procedures, orders etc.
  • Intellectual Property R ights
  • All intellectual property rights in and title to the S ystem, the present or future modifications

/ upgradations thereof and standard enhancements thereto shall remain the property of Agatsa and its licensors. These HC P Terms or the Agreement do not and shall not transfer any ownership or proprietary interest in the S ystem from Agatsa to Y ou, except as may be otherwise expressly provided in these HC P Terms or as may be agreed to by and between Agatsa and Y ou.

  • Fees and C harges
  • (i) Y ou will be obligated to pay Us Our standard service fee (the “S ervice Fee“) for the
    • ervices to which Y ou have access during Y our subscription to the S ystem and Our S ervices. Y ou also agree to pay, Our then current rates, for all goods or services that Y ou request from Us and that are not included in Our standard services (“Mis cellaneous C harges “). We will notify Y ou of the S ervice Fee and Miscellaneous C harges when Y ou are granted access to a service, and We will notify Y ou of the applicable Miscellaneous C harges before providing services to which a Miscellaneous C harge will apply.
  • (ii) Y ou understand that Agatsa provides various S ervices with respect to the S ystem. While some of these S ervices are provided for free, there are certain S ervices for which costs will be incurred by Y ou, if Y ou decide to avail such S ervices (“Paid S ervices “). For more information on Agatsa’s S ervice Fees with respect to Paid S ervices including modes of payment, please drop us a email at info@agatsa.com . Agatsa shall have the right to change the S ervice Fees for the Paid S ervices at any time, with or without notice to Y ou. Y our continued use of the S ystem and the Website shall be deemed to be Y our acceptance of such changes.
  • (iii) All charges and fees shall be exclusive of all state, municipal, or other government excise, sales, service, use, occupational, or like taxes now in force. We have a right to pass on any additional taxes or other state levies to Y ou and Y ou agree to pay any tax (excluding taxes on Our net income) that We may be required to collect or pay now or at any time in the future and that are imposed upon the sale or delivery of items and S ervices purchased under these HC P Terms.
  • (iv) Y ou are responsible for any charges Y ou incur to use the S ystem, such as telephone and equipment charges, and fees charged by third-party vendors of products and services.
  • (v) We reserve to change the terms applicable to fee at any point in time by giving Y ou fifteen (15) days’ prior intimation via email. The revised fee terms shall be automatically applicable to Y ou after the fifteen (15) days’ notice period. Y ou agree that no separate confirmation or approval is required from Y ou to amend the terms with regard to the fee.
  • vi) The HC P Fees collected by Agatsa on your behalf from R egistered Users shall be disbursed to your bank within 45 days of the date of the completion of the consultation for which such HC P Fees were collected. Y ou agree that the consultation shall be deemed to have been completed after expiry of fifteen (15) days from the date of the consultation. For the removal of doubts, a consultation shall be deemed to have been completed when the payee R egistered User has been provided the level of consultation reasonably expected from you in consideration of the HC P Fees.
  • (viii) When We collect lump sum HC P Fees for multiple consultations which have been booked by the R egistered Users:
  • Y ou will deliver and complete all consultations which have been booked
  • the lump sum HC P Fees shall be deemed to have been delivered only after expiry of fifteen (15) days from the date of completion of the last consultation.
  • Y ou will refund all amounts for which no consultation has been delivered.
  • (ix) Y ou hereby grant Us written consent to collect, store, handle and use Y our financial information such as bank account or credit card or debit card or other payment instrument details for the purpose of paying for S ervices and access to S ystem in accordance with Our Privacy Policy.
  • (x) In case Agatsa is of the opinion that the consultation provided by you to R egistered User against the HC P Fees is unsatisfactory or deficient in some way, then it reserves the right to (a) where the corresponding HC P Fees is unpaid, forfeit the said fees or (b) where the corresponding HC P Fee is paid, (i) recover the corresponding HC P Fees by adjusting the amount equivalent to HC P Fees against any future payments that may be due or (ii) make a claim of the corresponding HC P Fees on you. Y ou agree that upon receipt to a

claim from Agatsa, you will pay the amount to Agatsa within fifteen (15) days from the date of the claim.

  • C onfidential Information
  • (a) Y ou will treat all information received from Us as confidential. Y ou may not disclose Our confidential information to any other person, and Y ou may not use any confidential information except as provided herein. E xcept as otherwise provided in HC P Terms and Other Terms, Y ou may not, without Our prior written consent, at any time, during or after the applicability of these HC P Terms, directly or indirectly, divulge or disclose confidential information for any purpose or use confidential information for Y our own benefit or for the purposes or benefit of any other person. Y ou agree to hold all confidential information in strict confidence and to take all measures necessary to prevent unauthorized copying, use, or disclosure of confidential information, and to keep the confidential information from being disclosed into the public domain or into the possession of persons not bound to maintain confidentiality. Y ou will disclose confidential information only to your employees, agents or contractors who have a need to use it for the purposes permitted under the HC P Terms and Other Terms only. Y ou will inform all such recipients of the confidential nature of confidential information and will instruct them to deal with confidential information in accordance with these HC P Terms. Y ou will promptly notify Us in writing of any improper disclosure, misappropriation, or misuse of the confidential information by any person, which may come to Y our attention.
  • (b) Y ou agree that We will suffer irreparable harm if Y ou fail to comply with the obligations set forth in this S ection 12, and Y ou further agree that monetary damages will be inadequate to compensate Us for any such breach. Accordingly, Y ou agree that We will, in addition to any other remedies available to Us at law or in equity, be entitled to seek injunctive relief to enforce the provisions hereof, immediately and without the necessity of posting a bond.
  • (c) This S ection 12 will survive the termination or expiration of these HC P Terms or Agreement for any reason.
  • Dis claimer and E xclus ion of Warranties
  • (A) Y OU AC KNOWLE DGE THAT AC C E S S TO THE S Y S TE M WILL BE PR OVIDE D

OVE R VAR IOUS FAC ILITIE S AND C OMMUNIC ATION LINE S , AND INFOR MATION

WILL BE TR ANS MITTE D OVE R LOC AL E XC HANGE AND INTE R NE T BAC KBONE

C AR R IE R LINE S AND THR OUGH R OUTE R S , S WITC HE S , AND OTHE R DE VIC E S

(C OLLE C TIVE LY , “C AR R IE R L INE S “) OWNE D, MAINTAINE D, AND S E R VIC E D BY

THIR D-PAR TY C AR R IE R S , UTILITIE S , AND INTE R NE T S E R VIC E PR OVIDE R S , ALL

OF WHIC H AR E BE Y OND OUR C ONTR OL. WE AS S UME NO LIABILITY FOR OR

R E LATING TO THE INTE GR ITY , PR IVAC Y , S E C UR ITY , C ONFIDE NTIALITY , OR US E

OF ANY INFOR MATION WHILE IT IS TR ANS MITTE D ON THE C AR R IE R LINE S , OR

ANY DE LAY , FAILUR E , INTE R R UPTION, INTE R C E PTION, LOS S , TR ANS MIS S ION,

OR C OR R UPTION OF ANY DATA OR OTHE R INFOR MATION ATTR IBUTABLE TO

TR ANS MIS S ION ON THE C AR R IE R LINE S . US E OF THE C AR R IE R LINE S IS S OLE LY AT Y OUR R IS K AND IS S UBJ E C T TO ALL APPLIC ABLE LOC AL, S TATE , NATIONAL, AND INTE R NATIONAL LAWS .

  • (B) THE S E R VIC E S , THE WE BS ITE THE S Y S TE M, AC C E S S TO THE S Y S TE M AND

THE INFOR MATION C ONTAINE D ON THE S Y S TE M IS PR OVIDE D “AS IS ” AND “AS

AVAILABLE ” BAS IS WITHOUT ANY WAR R ANTY OF ANY KIND, E XPR E S S E D OR

IMPLIE D, INC LUDING BUT NOT LIMITE D TO THE IMPLIE D WAR R ANTIE S OF

ME R C HANTABILITY , FITNE S S FOR A PAR TIC ULAR PUR POS E , AND NON-

INFR INGE ME NT. Y OU AR E S OLE LY R E S PONS IBLE FOR ANY AND ALL AC TS OR

OMIS S IONS TAKE N OR MADE IN R E LIANC E ON THE S Y S TE M OR THE

INFOR MATION IN THE S Y S TE M, INC LUDING INAC C UR ATE OR INC OMPLE TE

INFOR MATION. IT IS E XPR E S S LY AGR E E D THAT IN NO E VE NT S HALL WE BE

LIABLE FOR ANY S PE C IAL, INDIR E C T, C ONS E QUE NTIAL, R E MOTE OR

E XE MPLAR Y DAMAGE S , INC LUDING BUT NOT LIMITE D TO, LOS S OF PR OFITS OR

R E VE NUE S , LOS S         OF US E , OR LOS S OF INFOR MATION OR DATA, WHE THE R A

C LAIM FOR ANY S UC H LIABILITY OR DAMAGE S IS PR E MIS E D UPON BR E AC H OF

C ONTR AC T, BR E AC H OF WAR R ANTY , NE GLIGE NC E , S TR IC T LIABILITY , OR ANY

OTHE R THE OR Y OF LIABILITY , E VE N IF WE HAVE BE E N APPR IS E D OF THE

POS S IBILITY OR LIKE LIHOOD OF S UC H DAMAGE S OC C UR R ING. WE DIS C LAIM

ANY AND ALL LIABILITY FOR E R R ONE OUS TR ANS MIS S IONS AND LOS S OF S E R VIC E R E S ULTING FR OM C OMMUNIC ATION FAILUR E S BY TE LE C OMMUNIC ATION S E R VIC E PR OVIDE R S OR THE S Y S TE M.

  • (C ) Y OU AC KNOWLE DGE THAT OTHE R US E R S HAVE AC C E S S TO THE S Y S TE M

AND AR E R E C E IVING OUR S E R VIC E S . S UC H OTHE R US E R S HAVE C OMMITTE D

TO C OMPLY WITH THE S E TE R MS & C ONDITIONS AND OUR POLIC IE S AND

PR OC E DUR E S C ONC E R NING US E OF THE S Y S TE M; HOWE VE R , THE AC TIONS OF

  • UC H OTHE R US E R S AR E BE Y OND OUR C ONTR OL. AC C OR DINGLY , WE DO NOT

AS S UME ANY LIABILITY FOR OR R E LATING TO ANY IMPAIR ME NT OF THE

PR IVAC Y , S E C UR ITY , C ONFIDE NTIALITY , INTE GR ITY , AVAILABILITY , OR R E S TR IC TE D US E OF ANY INFOR MATION ON THE S Y S TE M R E S ULTING FR OM ANY US E R S ‘ AC TIONS OR FAILUR E S TO AC T.

  • (D) WE AR E NOT R E S PONS IBLE FOR UNAUTHOR IZE D AC C E S S TO Y OUR , DATA,

FAC ILITIE S OR E QUIPME NT BY INDIVIDUALS OR E NTITIE S US ING THE S Y S TE M

OR FOR UNAUTHOR IZE D AC C E S S TO, ALTE R ATION, THE FT. C OR R UPTION, LOS S

OR DE S TR UC TION OF Y OUR , DATA FILE S , PR OGR AMS , PR OC E DUR E S , OR

INFOR MATION THR OUGH THE S Y S TE M, WHE THE R BY AC C IDE NT, FR AUDULE NT

ME ANS OR DE VIC E S , OR ANY OTHE R ME ANS . Y OU AR E S OLE LY R E S PONS IBLE

FOR VALIDATING THE AC C UR AC Y OF ALL OUTPUT AND R E POR TS , AND FOR

PR OTE C TING Y OUR DATA AND PR OGR AMS FR OM LOS S BY IMPLE ME NTING

APPR OPR IATE S E C UR ITY ME AS UR E S , INC LUDING R OUTINE BAC KUP

PR OC E DUR E S . Y OU HE R E BY WAIVE ANY DAMAGE S OC C AS IONE D BY LOS T OR

C OR R UPT DATA, INC OR R E C T R E POR TS , OR INC OR R E C T DATA FILE S

  • E S ULTING FR OM PR OGR AMMING E R R OR , OPE R ATOR E R R OR , E QUIPME NT OR
  • OFTWAR E MALFUNC TION, S E C UR ITY VIOLATIONS , OR THE US E OF THIR DPAR TY S OFTWAR E . WE AR E NOT R E S PONS IBLE FOR THE C ONTE NT OF ANY INFOR MATION TR ANS MITTE D OR R E C E IVE D THR OUGH OUR PR OVIS ION OF THE S E R VIC E S .
  • (E ) WE E XPR E S S LY DIS C LAIM ANY LIABILITY FOR THE C ONS E QUE NC E S TO Y OU AR IS ING BE C AUS E OF Y OUR US E OF THE S Y S TE M OR THE S E R VIC E S .
  • (F) WE DO NOT WAR R ANT THAT Y OUR US E OF THE S Y S TE M AND THE S E R VIC E S UNDE R THE S E TE R MS WILL NOT VIOLATE ANY LAW OR R E GULATION APPLIC ABLE TO Y OU.
  • L imitation Of L iability
  • NOTWITHS TANDING THE OTHE R TE R MS OF THE S E HC P TE R MS , IN THE E VE NT

AGATS A S HOULD HAVE ANY LIABILITY TO Y OU OR ANY THIR D PAR TY FOR ANY

LOS S , HAR M OR DAMAGE , Y OU AND AGATS A AGR E E THAT S UC H LIABILITY

  • HALL UNDE R NO C IR C UMS TANC E S E XC E E D THE VALUE OF ANY FE E S WHICH

MAY BE R E C E IVE D BY AGATS A FR OM Y OU IN THE PR E C E DING TWE LVE MONTHS

OR INR 5000 WHIC HE VE R IS LOWE R . Y OU AND AGATS A AGR E E THAT THE

FOR E GOING LIMITATION OF LIABILITY IS AN AGR E E D ALLOC ATION OF R IS K

BE TWE E N Y OU AND AGATS A. Y OU AC KNOWLE DGE THAT WITHOUT Y OUR AS S E NT TO THIS S E C TION 14, AGATS A WOULD NOT PR OVIDE AC C E S S TO THE S Y S TE M, TO Y OU.

  • Indemnification
  • Y ou agree to indemnify, defend, and hold harmless Agatsa, Our and their affiliates, officers, directors, and agents, from and against any claim, cost or liability, including reasonable attorneys’ fees, arising out of: (a) the use of the S ervices; (b) any breach by Y ou of any representations, warranties or agreements contained in these HC P Terms ; (c) the actions of any person gaining access to the S ystem under a User ID assigned to Y ou; (d) the actions of anyone using a User ID, password or other unique identifier assigned to Y ou that adversely affects the S ystem or any information accessed through the S ystem;
  • Termination; Modification; S uspens ion; Termination
  • (a) We or Y ou may terminate our S ervices at any time without cause upon thirty (30) days prior written notice to Y ou.
  • (b) We may update or change the S ervices and/or the HC P Terms and/ or the S ervice Fee set forth in these HC P Terms from time to time and recommend that Y ou review these HC P Terms on a regular basis. Y ou understand and agree that Y our continued use of the S ervices after the HC P Terms has been updated or changed constitutes Y our acceptance of the revised HC P Terms. Without limiting the foregoing, if We make a change to these HC P Terms that materially affects Y our use of the S ervices, We may post notice on the Website or notify Y ou via email of any such change.
  • (c) Termination, S uspension or Amendment as a result of applicable laws –

Notwithstanding anything to the contrary in these HC P Terms , We have the right, on providing notice to Y ou, immediately to terminate, suspend, or amend the provision of the S ervices without liability: (a) to comply with any order issued or proposed to be issued by any governmental agency; (b) to comply with any provision of law, any standard of participation in any reimbursement program, or any accreditation standard; or (c) if performance of any term of these HC P Terms by either Party would cause it to be in violation of law.

  • (d) We may terminate the provision of S ervices to Y ou through the S ystem immediately upon notice to Y ou: (i) if Y ou are named as a defendant in a criminal proceeding for a violation of federal or state law; (ii) if a finding or stipulation is made or entered into that Y ou have violated any standard or requirement of federal or state law relating to the privacy or security of health information is made in any administrative or civil proceeding; or (iii) Y ou cease to be qualified to provide services as a health care professional, or We are unable to verify Y our qualifications as notified to Us under these HC P Terms.
  • (e) We may suspend Y our S ervices immediately pending Y our cure of any breach of these HC P Terms, or in the event We determine in Our sole discretion that access to or

use of the S ystem by Y ou may jeopardize the S ystem or the confidentiality, privacy, security, integrity or availability of information within the S ystem, or that Y ou have violated or may violate these HC P Terms or Other Terms, or has jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the S ystem with any User ID assigned to Y ou. Our election to suspend the S ervices shall not waive or affect Our rights to terminate these HC P Terms as applicable to Y ou as permitted under these HC P Terms.

  • (f) Upon termination, Y ou will cease to use the S ystem and We will terminate Y our access to the S ystem. Upon termination for any reason, Y ou will remove all software provided under HC P Terms from Y our computer systems, Y ou will cease to have access to the S ystem, and Y ou will return to Us all hardware, software and documentation provided by or on behalf of Us.
  • Agreement to this Terms of Use

Please note that your usage of Agatsa Mobile application for doctors (S anket Doctor

Mobile app), deems that you have agred to the terms of usage defined here with

  • E C G R eview fees

From 10-01-2017, E C G review fees for our registered HC Ps is INR 100/- per E C G review. This is inclusive of any tax liability that may be deducted further.

Agatsa, S anket, S anket Life, S anket Doc are registered trademark of Agatsa S oftware Pvt Ltd

are registered logo of Agatsa S oftware Pvt Ltd

 

Agatsa Privacy Policy

Agatsa Privacy Policy

Posted: 26 January 2017

At Agatsa, our mission is to make world heart healthy by providing well rounded cardiac diseases management services and health tracking by tracking various Health parameters.

This mission covers Data acquisition through our medical devices and our online cardiac disease management services which connects health care providers and other third party players to provide consultation, review and coaching services to our users.

Our privacy policy describes, what data we acquire, how we use and share this information.

BY USING OUR SANKET APP AND PRODUCT, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL AND HEALTH DATA FOR PROCESSING AS DESCRIBED IN OUR PRIVACY POLICY.

Who we are?

We are a medical devices and mobile application development company located in Noida, India. Our pocket sized ECG monitor Sanket captures ECG by placing thumbs on sensors and transmit data wirelessly to a smartphone app Sanket.

Information we collect

 

Agatsa collects personal and Health data to operate our business and provide users innovative devices, services and platform to detect, manage and prevent cardiac diseases with our innovative online health consultation and wellness solutions. We provide internet and mobile application based services including the apps linked to below:

Sanket App

SanketDoc

Sanket- ECG monitor

We collect and use the following information to provide, improve and protect our Services:

Personal- Personal data is acquired and used directly or indirectly to establish your identity. This may include your personal information like your name, email address and phone number, health data, location data, your health care history, and your performance data. Some of our services let you access your accounts and your information with other service providers.

Health- Raw ECG data is acquired by our Sanket device or ECG data from paper reports is captured. Other health data like tracking vitals like BP, Blood sugar, Cholesterol, Height, weight and different habitual data like smoker, alcoholic etc is collected to track individual’s health and progress when he uses our services. The data is also shared with different players of eco system to make an informed conclusion regarding health care services required and track health goals and progress. Information also may include past health data like past medical history, medication, prescription, test results etc. Other data like

Services- When you use our Services, we store, process and transmit your files and information related to them. If you give us access to your contacts, we’ll store those contacts on our servers for you to use. This will make it easy for you to do things like  send emails and invite others to use the Services.

Usage- We collect information from and about the devices you use to access the Service.

With whom

We may share information as discussed below, but we won’t sell it to advertisers or other third parties.

Doctors/Health services providers:

Others working for Agatsa- Agatsa uses certain trusted third parties  to help us provide, improve, protect and promote our Services. These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information in accordance with our instructions.

Other users- Our Services display information like your name and email address to other users in places like your user profile and sharing notifications. Certain features let you make additional information available to other users.

Other applications- You can also give third parties access to your information and account. Just remember that their use of your information will be governed by their privacy policies and terms.

How:

Information Security- We ensure all Health data is secured as per e-Governance division of MoHFW and HIPAA. All Health records are safeguarded and used only when needed and the information is not used, disclosed, deleted, accessed or altered inappropriately while being stored or retrieved or transmitted.

We have a team dedicated to keeping your information secure and testing for vulnerabilities. We also continue to work on features to keep your information safe .

Data Retention- We’ll retain information you store on our Services for as long you maintain your account or as we need to provide you the Services. You can access your personal information by logging in to your Agatsa account. We will also retain your data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Third Parties We Don’t Own or Control: Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. For example, if you download one of our applications on your smartphone, the manufacturer of your smartphone may have a policy that applies to its own practices for collecting information through that smartphone. We encourage you to read the privacy policies of each and every device, website, and service that you use.

 

Where

Around the world. To provide you with the Services, we may store, process and transmit information. Information may also be stored locally on the devices you use to access the Services.  We ask that you first submit any such complaints directly to us at info@agatsa.com.

Changes

Privacy Policy Updates- We may update this Privacy Policy from time to time without prior notice. You can determine when this Policy was last revised by checking the Effective Date. We encourage you to periodically review this privacy policy to ensure you understand our privacy practices. If you have a registered account, we may notify you of any changes to our privacy policy via email and we may ask you to affirmatively acknowledge and consent to the changes the next time you use our Services.

 

Reorganisation- If we are involved in a reorganisation, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.

Contact

Have questions or concerns about Agatsa, our Services and privacy?

The Corenthum, Plot No A-41,
Second Floor, office no 121, Sector 62,
Noida – 201301
info@agatsa.com

Phone – 011-39235223

Lacy Smith, MD

Dr. Eric Snyder

Carolyn Hunt