TERMS AND CONDITIONS FOR SERVICE PROVIDERS:
RX ELIXIR HEALTH CARE SERVICES PVT LTD proposes to provide treatment facilities and diagnostic facilities to its users in the Private Recognized Hospital & Diagnostic Centers anywhere in India.
AND WHEREAS, Third Party Service Providers (TPSPs that are Hospital & Diagnostic Centers Diagnostic & Laboratory centers, OPD centers) offer to give the following treatment / diagnostic Facilities to the RHCS users in the Hospital & Diagnostic Center & OPD centers.
Registration for Third Party Service Providers (TPSPs) under all the three categories – OPD, IPD & Diagnostic services are totally free for first year of registration. One complete year will be counted from the date of registration of the service provider. After completion of one year, RHCS shall be free to charge some fix amount for renewal or may further extend this free registration service for another year.
All interested Outdoor patient service providers (OPD - as physician / clinic / Hospital), Hospitals for Hospitalization services (IPD - General, single/multi specialty, super specialty Hospitals) & Diagnostic service providers shall have to apply online for registration by going on rhcs.co.in OR rxlxr.org and clicking on join our network > register for OPD / IPD / Diagnostic services.
OPD referral services are free of any service charge, to be charged by RHCS, However, IPD – hospitalization referral services & Diagnostic Referral services are subject to service charges to be charged by RHCS & RHCS reserve the right to charge for OPD referrals in future after due intimation & confirmation by the respective service Provider.
NOW, THEREFORE, IT IS HEREBY AGREED between the Parties as follows:
DEFINITIONS & INTERPRETATIONS
The following terms and expressions shall have the following meanings for purposes of this Terms & Conditions: “Terms & Conditions” shall mean these Terms & Conditions and all Schedules, supplements, appendices, appendages and modifications thereof made in accordance with the terms of these Terms & Conditions. “Benefit” shall mean the extent or degree of service the users are entitled to receive as per the terms & conditions on the subject. “RHCS means the Rxelixir Health care Services Pvt Ltd that is providing online booking services for OPD / Hospitalization / Diagnostic requests for all RHCS users through its website. These services will be given by Third Party Service Providers i.e; registered OPD centers, Private Hospitals & Diagnostic Centers, as per the package rates accepted by these TPSPs, which is subject to any change as per TPSPs. “e-mail” shall mean the online booking intimation, issued to users or service providers either on site or Mobile app by RHCS pvt ltd. “RHCS User” shall mean a person who is registered on-line with RHCS and holds an on line health account for medical services. Services to health services, provided under the portal, subject to the terms, conditions and limitations. “Diagnostic & Laboratory Center” shall mean the Diagnostic & laboratory Center performing tests. “Imaging” shall mean the Imaging Centre performing X-ray , CT Scan, MRI, USG, & other diagnostic tests etc. “Empanelled Hospital & Diagnostic Center” shall mean the Hospital & Diagnostic Center registered on RHCS website for giving medical services for a particular period on discounted package rates and will be preferred for referrals. “Registered Hospital & Diagnostic Center” shall mean the Hospital & Diagnostic Center registered on RHCS website for giving medical services for a particular period on Hospital & Diagnostic Center’s own package rates while performing under these Terms & Conditions providing medical investigation, treatment and the healthcare of human beings. The meaning of General purpose Hospital, Specialty Hospital and Super –specialty Hospital is as defined in para „A‟ of Terms & Conditions. “De-recognition of Hospital & Diagnostic Center” shall mean debarring the Hospital & Diagnostic Center on account of adopting unethical practices or fraudulent means in providing medical treatment to or not following the good industry practices of the health care for the RHCS users after following certain procedure or diagnostic test of inquiry. “Party” shall mean either the RHCS or the Hospital & Diagnostic Center and “Parties” shall mean both the RHCS and the Hospital & Diagnostic Center. “Specialized treatment” shall mean the treatment in a particular specialty..
1. Master Service Providers Terms & Conditions: Acceptance of Terms
As a user of our website and contributor of medical content, you agree and understand that for any content you submit to the Site you warrant that: 1. you are the owner of such Content, or have been granted all the rights necessary from the owner thereof to submit such Content to the Site and for the use by Rhcs.co.in as stated herein, and, 2. The use of such Content by Rhcs.co.in will not infringe the intellectual property rights of or otherwise the rights of any third party. 3. By submitting Content to the site: (a) you automatically grant to Rhcs.co.in (or warrant that the owner thereof has granted to Rhcs.co.in), a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, transfer or sell any such Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you; and (ii) you agree that you will not publish, submit, or display such Content to or on any other commercial medical-related web-site or on-line service without Rhcs.co.in's prior written consent, which consent may be withheld by Rhcs.co.in in its discretion. Consent may be requested by sending an e-mail to support@Rhcs.co.in. You further grant Rhcs.co.in the right to pursue at law any person or entity that violate your or Rhcs.co.in's rights in the Content by a breach of these T&Cs. You understand that Rhcs.co.in will have the right (but under no circumstances will Rhcs.co.in have any obligation) to screen, edit, refuse to post or remove any Content, in whole or in part, from any portion of the Web-site, in its sole discretion, including, but not limited to, Content that violates these T&Cs or is otherwise objectionable. Rhcs.co.in reserves the right to disclose any Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Site
Different aspects with reference to Hospital & Diagnostic Center Networking:
> Category of Hospital i) General Hospital : Hospital having 20 or more beds with the following services : General Medicine, General Surgery, Obstetrics and Gynecology, Pediatrics, Orthopedics (excluding Joint Replacement), ICU and Critical Care units ,ENT and Ophthalmology, (Dental specialty -desirable), Imaging facilities , in house laboratory facilities and Blood Bank. ii) Single/Multispecialty Hospital (as per specialties list): Both NABH & NON NABH accredited hospitals can register under this category for PD services. Hospital having less than 100 beds can apply as a specialty Hospital -provided they have at least 20 beds earmarked for each specialty applied for with at least 15 additional beds for other Categories. • Cardiology, Cardiovascular and Cardiothoracic surgery • Orthopedic- Surgery - including arthroscopic surgery and Joint Replacement • Endoscopic surgery • Neurosurgery iii) Super-specialty Hospital: Only NABH accredited hospitals can register under this category for IPD services. Hospital with 100 or more beds with treatment facilities in addition to Cardiology& Cardio-thoracic Surgery and Specialized Orthopedics Treatment facilities that include Joint Replacement surgery: • Nephrology & Urology incl. Renal Transplantation • Endocrinology • Neurosurgery • Gastro-enterology & GI –Surgery incl. Liver Transplantation • Oncology / Cancer Hospital– (Surgery, Chemotherapy & Radiotherapy – approved by BARD / AERB) Multi specialty & Super specialty hospitals can also give all services under General Hospital Category. So, these Hospitals shall provide treatment / Diagnostic services in all disciplines available in the Hospital. > Detailed registration form is available on the website to be filled and submitted online. > By Registration with RHCS, Hospital & Diagnostic Center agrees that it shall charge from the RHCS users as per the rates for the particular procedure or diagnostic test / package deal as agreed upon by Hospital & Diagnostic Center. These agreed upon rates will be either the RHCS package rates (for empanelled Hospital & Diagnostic Centers) or % loaded on these packages or diagnostic test rates (for Registered Hospital & Registered Diagnostic Centers) and these pre-decided package rates shall be an integral part of these terms & Conditions. > Empanelment of Hospital or Diagnostic Center with RHCS will be done on the basis of information given by them and physical verifications of facilities on grading basis. > RHCS reserve the right to turn down any application OR remove the Hospital or Diagnostic Center if found not as per the Terms & Conditions of Agreement. > A dedicated help desk will be there for RHCS users. > Daily MIS will be sent by the Hospital &/ or Diagnostic Center in the prescribed format on the given mail address of RHCS. And online updating of all the RHCS users status will be done by Hospital & Diagnostic Centers. > Hospital &/or Diagnostic Center will not treat the RHCS users for any other ailment / packages / diagnostic test other than for which the Hospital & Diagnostic Center is authorized / booked to do or they will intimate back the RHCS for the different procedure / test they treat the User. > Empanelled Hospital & Diagnostic Centers will agree to work under RHCS on agreed package rates for the RHCS users who are booking through RHCS portal. Empanelled Hospital & Diagnostic Centers will be preferred for referrals by the RHCS. > And those Hospital & Diagnostic Centers which are willing to work at their own package rates will have to submit their package rates in the given prescribed format with fix % loading on RHCS package rates for example RHCS package Rate(rs.100/-) + 10% loading = rs.110/- . Similarly Hospital & Diagnostic Center can load the package rates by 20%, 30%, 40% etc. Agreeing to the cost of packages (RHCS package Rates or Self Package Rates) for each identified procedure or diagnostic tests as mentioned under the RHCS would mean: a) For Diagnostic & Laboratory Centers: These package rates shall mean and include lump sum cost of diagnostic procedure or diagnostic tests for which RHCS users is booked & diagnosed. b) For Hospitals : These package rates shall mean and include lump sum cost of inpatient treatment/day care/diagnostic procedure or diagnostic tests for which RHCS users is booked & admitted from the time of admission to discharge including (but not limited to) Registration charges, Admission charges, Accommodation charges including Patients diet, Operation Charges, Injection charges, dressing charges, Doctors/ Consultant visit charges, ICU/ICCU charges, Monitoring charges, Transfusion charges, Anesthesia charges, Pre-anesthetic checkups, Operation Theater charges, Procedural Charges/Surgeon charges,Cost of implants, Cost of surgical disposables and sundries used during Hospitalization, Cost of Medicines and Drugs, Blood, Oxygen etc, Related routine and essential diagnostic investigations, Physiotherapy charges etc, Nursing care and charges for its services, any other charges levied during stay under package days duration. The list is an illustrative one only. c) The package rate, however, does not include charges of semi-private or private rooms , expenses on telephone, tonics, cosmetics / toiletries, etc. These are not part of the treatment regimen. Cost of these additional facility or items, if provided with the prior consent of the patient, has to be settled with the patient over and above the pre decided package rates d) In order to remove the scope of any ambiguity on the point of package rates, it is reiterated that the package rate for a particular procedure or diagnostic test is inclusive of all sub-procedure or diagnostic tests and all related procedure or diagnostic tests to complete the treatment procedure or diagnostic test. The patient shall not be asked to bear the cost of any such procedure or diagnostic test/item, over and above the decided package rate. e) No additional charge on account of extended period of stay shall be allowed, if, the extension is due to infection on the consequences of surgical procedure or diagnostic test or due to any improper procedure or diagnostic test. Cost of implants is included in rhcs package rates. Expenses incurred for treatment of new born baby are separately payable in addition to delivery charges to mother. h) Package rates envisage duration of indoor treatment as follows: • Up to 12 days: for Specialized (super specialty) Treatment. • Up to 7 days: for other Major surgeries. • Up to 3 days: for Laparoscopic surgeries/ Normal delivery. • 1 day: for Day Care/ Minor surgeries. Private ward is defined as a Hospital room where single patient is accommodated and which has an attached toilet (lavatory and bath). The room should have furnishings like wardrobe, dressing table, bed-side table, sofa set, carpet, etc. as well as a bed for attendant. The room has to be air-conditioned. . Semi Private Ward is defined as a Hospital room where two to three patients are accommodated and which has attached toilet facilities and necessary furnishings. General ward is defined as a hall that accommodates four to ten patients. Additional Benefits to be provided by Empanelled Hospital /Nursing Homes /Day Care Clinics:- In addition to the benefits mentioned above, both Empanelled & Registered Hospital /Nursing Homes/Day Care Clinics should be in a position to provide following additional benefits to the RHCS beneficiaries: 1) Free OPD consultation including pre and post Hospitalization consultation. 2) Has to display its status of being a preferred provider of RHCS at the reception/admission desks and to keep the displays and other materials supplied by the RHCS management for the ease of beneficiaries. 3) Agrees to provide a separate help desk headed by paramedical for providing the necessary assistance round the clock to the RHCS users. 4) RHCS user users shall be attended to on priority. 5) The payment of the bill to the Hospital &/or Diagnostic Center concerned shall be made directly by the user / patient as per the package rates for the procedure or diagnostic test done to him. C. Delisting of Hospital & Diagnostic Centers: Empanelled Hospital & Diagnostic Centers /Nursing Homes/Day Care Clinics would be delisted by the RHCS management from the RHCS network, if, it is found that terms & Conditions are not followed by them and services offered are not satisfactory as per laid down standards.
Information to be provided to RHCS by Hospital & Diagnostic Centers
Every RHCS user patient will make an online booking on the RHCS portal for taking the medical services. Subject to, and after the confirmation of the same by the concerned Hospital & Diagnostic Center, patient will receive an email and text message on the registered mobile number regarding the same. The Patient is supposed to produce that valid text message or print out of the booking confirmation email sent on their registered mail ID. Once that registered USER is admitted/ diagnosed by the Hospital / Diagnostic Center, the payment shall be made by the patient himself directly to the service provider, only as per the approved package rates for that specific treatment procedure or diagnostic test. Approved Package rates for treatment procedure or diagnostic tests would mean the rates for various procedure or diagnostic tests agreed by the Hospital & Diagnostic Centers. Once the patient is referred to the Hospital &/or Diagnostic Center, by booking on RHCS portal, the patient will be entertained by the help desk on the production of valid RHCS email print out or a valid text message from RHCS. The same booking will be confirmed to the user patient by the Hospital & Diagnostic Center help desk and identity of the users and/ or his/her family member will be established by verifying the Photo ID Card. The status of the user patient’s counseling & Admission/ diagnosis shall be updated online for RHCS cross verification and than the regular procedure of Hospitalization / Diagnostic test shall be followed by Hospital &/or Diagnostic Center for providing the health care facility listed/not listed in packages. Treatment package / diagnosis code is required to be selected from the packaged procedure or diagnostic tests and mentioned in the ON LINE system in case of listed procedure or diagnostic test. In case of non listed procedure or diagnostic test, the Empanelled Hospital & Diagnostic Centers /Nursing Homes/Day Care Clinics and RHCS management shall negotiate the cost of package based on the type of treatment / diagnosis required; the agreed amount shall become a package rate of that procedure or diagnostic test. Daily MIS shared by the Hospital & Diagnostic Center with RHCS will mention the patient name, Diagnostic or Package Name, Package Code number and the amount of that package charged or negotiated rates for such procedure or diagnostic test for which package has not been fixed earlier. Empanelled Hospital & Diagnostic Centers /Nursing Homes/Day Care Clinics must see that these rules are strictly followed. l. The entry on the Portal by the Hospital &/or Diagnostic Center, at the time of admission as well at discharge would record the admission number as well as package amount for listed procedure or diagnostic test and agreed package amount by the Empanelled / Registered Hospital & Diagnostic Centers /Nursing Homes/Day Care Clinics and RHCS management in case of non listed procedure or diagnostic test. Negotiated package would be entered manually by the Hospital & Diagnostic Center since this would not be available in the package list on the computer. m. Having carried out these activities, after Diagnostic test or during Discharge, the Hospital &/or Diagnostic Center shall submit the copy of discharge ticket/ Diagnostic report along with the copy of physical bill to the RHCS for their record, Whereas the physical Bill shall be given to concerned patient for final payment. 8. INFRASTRUCTURE FOR INTERACTION WITH RHCS The Hospital & Diagnostic Center shall have dedicated Personal Computer with Dual Core /Core 2 DUO processor and minimum 2 GB RAM supported by UPS. OS should be Windows. Dedicated Colour scanner with a minimum resolution 200dpi. Scalable Broad Band internet connectivity with minimum assured speed of 512kbps. Necessary security systems should be taken care of. A designated Nodal Person to interact with RHCS. The Hospital & Diagnostic Center would be legally responsible for their user id & password security & authentication. Service Charges: Rxelixir Health Care Services private Ltd rendering referral services will charge from the Hospital & /or Diagnostic Center a certain amount per Diagnostic Case / Hospitalization (and service tax as applicable) at the rate of -----% + Service Tax or any other Tax as applicable (as submitted by the Hospital & Diagnostic Center in “REGISTRATION FORM” under the column “REFERAL DISCOUNT”) of the total Bill Amount. Hospital & Diagnostic Center will settle these service charges on regular basis by making online / NEFT payments to RHCS on weekly basis. However, the MIS of all the reported cases in the Hospital & Diagnostic Center under the t&c will be generated on daily basis and shared with RHCS. The RHCS shall be free to share this referral discount (service charges) with the users as cash back offer to get more and more users on the site. RHCS shall also be free to revise these rates at the time of renewal of these Terms & Conditions. 14. GENERAL CONDITIONS 14.1. All investigations regarding fitness for the surgery shall be done prior to the admission for any elective procedure or diagnostic test and are part of pre-decided package. For any material/additional procedure or diagnostic test/investigation other than the condition for which the patient was initially permitted, would require the intimation to the RHCS. 14,2 The Hospital & Diagnostic Center shall verify the RHCS e-mail or text message and update the information online regarding counseling & confirmation of admission of the patient. RHCS is not liable to pay the Hospital & Diagnostic Center in any case of any treatment OR failure of Hospital &/or Diagnostic Center to charge the member patient (as per package rates). 14.3 The package rate shall be inclusive of the duration specified under the ‘package rates’. No additional charge on account of extended period of stay shall be allowed if that extension is due to infection on the consequences of surgical procedure or diagnostic test or due to any improper procedure or diagnostic test and is not justified. 14.4 The procedure or diagnostic test and package rates for any diagnostic investigation, surgical procedure or diagnostic test and other medical treatment for RHCS users under these terms & conditions shall not be increased during the acceptance of these Terms & Conditions. 14.5 The empanelled Hospital & Diagnostic Center shall provide services only for which it has been empanelled by RHCS at package rates that shall be updated by RHCS from time to time with mutual understanding with the Hospital & Diagnostic Center and shall be binding. 14.6 The Hospital &/or Diagnostic Center shall intimate all instances of patients admitted on the basis of bookings issued by the RHCS. 14.7 The Hospital &/or Diagnostic Center shall provide reports on daily basis by the 11 AM of the succeeding day in the prescribed format to the RHCS in respect of the Registered users treated / investigated. 14.8 The Hospital &/or Diagnostic Center shall submit all the medical records in digital format. 14.9 The Hospital &/or Diagnostic Center agrees that any liability arising due to any default or negligence in providing or Performance of the medical services shall be borne exclusively by the Hospital &/or Diagnostic Center that shall alone be responsible for the defect and / or deficiencies in rendering such services. 14.10 The Hospital &/or Diagnostic Center agrees that during the In-patient treatment / Diagnostic test of the RHCS users, the Hospital &/or Diagnostic Center shall not ask the users or his attendant to purchase separately the medicines / sundries /Equipment or accessories from outside and shall provide the treatment within the package deal rate, fixed by the RHCS which includes the cost of all the items. Appropriate action, including removing from RHCS empanelment and / or termination of these Terms & Conditions, may be initiated on the basis of a complaint, medical audit or inspections carried out by RHCS teams. 14.11. Treatment shall be provided as per package rates and bills submitted for payment to the Patient. 14.13 The Hospital & Diagnostic Center shall submit a monthly report regarding number of referrals received, admitted, Billing & payment details to the RHCS. Annual audit report of the Hospital & Diagnostic Centers shall also be submitted along with the statement. 14.14 Authorized signatory / representative of the Hospital & Diagnostic Center shall attend the periodic meetings held by RHCS, required in connection with improvement of working conditions. 14.15 During the visit of authorized representative of RHCS, the Hospital & Diagnostic Center authorities shall cooperate in carrying out the inspection. 14.17 The Hospital & Diagnostic Center shall make commercial publicity projecting the name of RXElixir Health Care Services. However, the fact of empanelment under RHCS shall be displayed at the premises of the empanelled center, indicating that the charges shall be as per RHCS approved rates. 14.18 The Hospital & Diagnostic Center shall investigate / treat the RHCS users / patient only for the condition for which they are referred with booking, and in the specialty and / or purpose for which they are booked by RHCS. 14.19 The Hospital & Diagnostic Center shall not undertake treatment of referred cases in specialties for which it is not Empanelled. But it shall provide necessary treatment to stabilize the patient and transport the patient safely to nearest recognized Hospital & Diagnostic Center under intimation to RHCS authorities. However in such cases the Hospital & Diagnostic Center shall charge as per the RHCS rates only for the treatment provided. 16. DUTIES AND RESPONSIBILITIES OF HOSPITAL & DIAGNOSTIC CENTERS It shall be the duty and responsibility of the Hospital &/or Diagnostic Center, at all times, to obtain, maintain and sustain high quality and standard of its services and healthcare and to have all statutory / mandatory licenses, permits or approvals of the concerned authorities under or as per the existing laws”. 18. HOSPITAL’S & DIAGNOSTIC CENTER’S INTEGRITY AND OBLIGAITONS DURING TERMS & CONDITIONS PERIOD The Hospital &/or Diagnostic Center is responsible for and obliged to conduct all contracted activities in accordance with the Terms & Conditions using state-of-the-art methods and economic principles and exercising all means available to achieve the performance specified in the Terms & Conditions. The Hospital &/or Diagnostic Center is obliged to act within its own authority and abide by the directives issued by the RHCS. The Hospital &/or Diagnostic Center is responsible for managing the activities of its personnel and shall hold itself responsible for their misdemeanors, negligence, misconduct or deficiency in services, if any. 20. REMOVAL FROM LIST OF EMPANELLED INSTITUTIONS In case of any violation of the provisions of these Terms & Conditions by the Hospital &/or Diagnostic Center such as: (a) refusal of service, (b) Undertaking unnecessary procedure or diagnostic tests, (c) Prescribing unnecessary drugs/tests (d) Over billing, (e) Non submission of the report, habitual late submission or submission incorrect data in the report (h) If recommended by NABH / NABL at any stage (i) Discrimination against RHCS users’ vis-à-vis general patients i) RHCS shall have the right to de-recognize the Hospital / Diagnostic Centers / diagnostic laboratory as the case may be. Such action could be initiated on the basis of a complaint, medical audit or inspections carried out by RHCS teams at random. ii). The decision of the RHCS in this regard shall be final. 21. Over Billing damage or violation of procedure or diagnostic test a. The Hospital & Diagnostic Center shall provide the services as per the requirements specified by the RHCS in terms of the provisions of these Terms & Conditions. In case of initial violation of the provisions of the Terms & Conditions by the Hospital &/or Diagnostic Center such as refusal of service to Registered users or defective service and negligence, Hospital &/or Diagnostic Center shall be de- empanelled for 15 days from the web site of RHCS on temporary basis. b. In case of repeated defaults by the Hospital &/or Diagnostic Center, the Hospital &/or Diagnostic Center shall be removed from the website of RHCS as well as no referrals shall be made to the Hospital &/or Diagnostic Centers.. c. For over-billing and unnecessary procedure or diagnostic tests, the extra amount so charged shall be refunded by the Hospital &/or Diagnostic Center and the RHCS shall have the right to issue a written warning to the Hospital &/or Diagnostic Center not to do so in future. The recurrence, if any, shall lead to the stoppage of referral to that Hospital &/or Diagnostic Center. d. Before initiating action under sub clause (a) – (c) above, RHCS shall serve a show cause notice to the Hospital &/or Diagnostic Center for which the Hospital &/or Diagnostic Center shall have to respond within ten days of its receipt. 23. INDEMNITY The Hospital &/or Diagnostic Center shall at all times, indemnify and keep indemnified RHCS against all actions, suits, claims and demands brought or made against it in respect of anything done or purported to be done by the Hospital & Diagnostic Center in execution of or in connection with the services under these Terms & Conditions and against any loss or damage to RHCS in consequence to any action or suit being brought against the RHCS , along with (or otherwise), Hospital &/or Diagnostic Center as a Party for anything done or purported to be done in the course of the execution of these Terms & Conditions. The Hospital &/or Diagnostic Center shall at all times abide by the job safety measures and other statutory requirements prevalent in India and shall keep free and indemnify the RHCS from all demands or responsibilities arising from accidents or loss of life, the cause or result of which is the Hospital & /or Diagnostic Center negligence or misconduct. The Hospital &/or Diagnostic Center shall pay all indemnities arising from such incidents without any extra cost to RHCS and shall not hold the RHCS responsible or obligated. RHCS may at its discretion and shall always be entirely at the cost of the Hospital &/or Diagnostic Center defend such suit, either jointly with the Hospital &/or Diagnostic Center or singly in case the latter chooses not to defend the case 24. ARBITRATION If any dispute or difference of any kind whatsoever (the decision whereof is not herein otherwise provided for) shall arise between the RHCS and the Hospital &/or Diagnostic Center upon or in relation to or in connection with or arising out of the Terms & Conditions, shall be referred to court in Jaipur , who shall give written award of his decision to the Parties. The decision of the Court shall be final and binding. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The venue of the arbitration proceedings shall be at Jaipur. 25. MISCELLANEOUS 25.1. Nothing under these Terms & Conditions shall be construed as establishing or creating between the Parties any relationship of Master and Servant or Principal and Agent between the RHCS and the Hospital & Diagnostic Center. 25.3 The RHCS shall not be responsible in any way for any negligence or misconduct of the Hospital & /or Diagnostic Center and its registered users for any accident, injury or damage sustained or suffered by any RHCS users or any third party resulting from or by any operation conducted by and on behalf of the Hospital & Diagnostic Center or in the course of doing its work or perform their duties under this Terms & Conditions or otherwise. 25.6 The termination of Terms & Conditions shall not relieve the Hospital &/or Diagnostic Center or their heirs and legal representatives from the liability in respect of the services provided by the Hospital & /or Diagnostic Center during the period when the Terms & Conditions were in force. 25.7 The Hospital &/or Diagnostic Center shall bear all expenses incidental to the preparation and registration under these terms & Conditions with RHCS. (To the preparation & operationalization; man power & IT infrastructure dedicated to this scheme in their Hospital & Diagnostic Center)