T & C Health Advisor

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These terms and conditions ("Terms'') between you (the "Family Health Advisor'') and Cognate Health Services Private Limited, a company incorporated under the Companies Act, 2013 of India, having its corporate office at Plot NO- Y9-10 2ND FLOOR VIPIN GARDEN MAIN NAZAFGARH ROAD NEAR METRO PILLER NO-801 NEW DELHI-110059 ("COGNATE HEALTH SERVICES'') governs the Family Health Advisor’s engagement with COGNATE HEALTH SERVICES to represent COGNATE HEALTH SERVICES’s health assistance services to individuals or groups, corporate or otherwise ("Customers'').

The Family Health Advisor will be deemed to have accepted these Terms upon execution by the Family Health Advisor of the Family Health Advisor Application Form. The Family Health Advisor is understood to have read and agreed to abide by the Terms. ENGAGEMENT AND CONSIDERATION

The Family Health Advisor shall have the following roles and responsibilities:

The Family Health Advisor shall take measures to inform, apprise and educate Customers about the COGNATE HEALTH SERVICES Card and the services being provided by COGNATE HEALTH SERVICES in the manner as prescribed by COGNATE HEALTH SERVICES.

The Family Health Advisor shall assist Customers in obtaining and maintaining valid COGNATE HEALTH SERVICES membership and COGNATE HEALTH SERVICES Cards, including inter alia (i) collecting requisite membership fees from Customers and depositing it with COGNATE HEALTH SERVICES; and (ii) requiring Customers to fill in and execute such forms and other documents as COGNATE HEALTH SERVICES may prescribe.

Pursuant to the use of the services of COGNATE HEALTH SERVICES by a Customer, the Family Health Advisor shall provide COGNATE HEALTH SERVICES with correct, complete and up to date information about the Customer along with such details as COGNATE HEALTH SERVICES may prescribe in this regard.

The Family Health Advisor shall attend any/all training programs as introduced and organized from time to time by COGNATE HEALTH SERVICES in connection with his/her/its engagement in the manner directed by COGNATE HEALTH SERVICES.

Such other responsibilities as COGNATE HEALTH SERVICES may prescribe in relation to his/her/its engagement.

In consideration for the responsibilities to be fulfilled by the Family Health Advisor, COGNATE HEALTH SERVICES shall pay the Family Health Advisor a fee on the basis of the revenue generated by COGNATE HEALTH SERVICES through the Family Health Advisor ("Service Fee'') as provided herein below:

The Service Fee shall be paid by COGNATE HEALTH SERVICES not earlier than 21 (twenty one) days from the date of receipt by COGNATE HEALTH SERVICES of requisite payment towards COGNATE HEALTH SERVICES Card from the Customer subscribing to the COGNATE HEALTH SERVICES Card through the Family Health Advisor, provided that after the expiry of such 21 (twenty one) day period, the Service Fee shall be paid on the 15th(fifteenth) or the last day of the calendar month, whichever is earlier.
Notwithstanding the above, the payment of Service Fee to the Family Health Advisor may be suspended in the event that any complaint is received by COGNATE HEALTH SERVICES from the concerned Customer regarding any doubt or dissatisfaction on the part of the Customer in relation to the COGNATE HEALTH SERVICES Card within the period of 21 (twenty one) days from the date of receipt by COGNATE HEALTH SERVICES of requisite payment towards COGNATE HEALTH SERVICES Card. Further, payment of Service Fee may also be suspended in the event of fraud by the Family Health Advisor or any mis-sale or reversal of the COGNATE HEALTH SERVICES Card even after 21 (twenty one) days of receipt by COGNATE HEALTH SERVICES of requisite payment towards the COGNATE HEALTH SERVICES Card. In case payment has already been made to the Family Health Advisor prior to reversal or mis-sale of the COGNATE HEALTH SERVICES Card sold through the Family Health Advisor, COGNATE HEALTH SERVICES shall have the right to adjust the same against any future payment of Service Fee.
The Service Fee shall be paid by cheque / online transfer in favour of the Family Health Advisor, after deductions as applicable.
The Family Health Advisor agrees that there may be delays in the payment of Service Fee for reasons outside the control of COGNATE HEALTH
SERVICES, and the same shall not affect the operation of the Family Health Advisor’s obligations.
The Service Fee may be reviewed and/or revised from time to time.
Notwithstanding anything contained in these Terms, during the term of the Family Health Advisor’s engagement as well as after the expiry/termination thereof, the payment of the Service Fee may be discontinued at the discretion of COGNATE HEALTH SERVICES in the event (i) any fraud, misrepresentation or wilful misconduct of the Family Health Advisor is discovered by COGNATE HEALTH SERVICES; and/or (ii) the Family Health Advisor violates the provisions of these Terms. UNDERTAKINGS OF THE FAMILY HEALTH ADVISOR
The Family Health Advisor shall at all times adhere to the code of conduct as prescribed / specified by COGNATE HEALTH SERVICES from time to time.
The Family Health Advisor shall be responsible for obtaining information and data for sourcing Customers. COGNATE HEALTH SERVICES shall not provide
any information in this regard to the Family Health Advisor, including any list of potential customers, contact details of such potential customers or any similar data.
The Family Health Advisor shall not make any representations to Customers on behalf of COGNATE HEALTH SERVICES or the COGNATE HEALTH SERVICES Network, other than those provided in writing by COGNATE HEALTH SERVICES. Further, the Family Health Advisor shall provide to the Customers only such information as is communicated to him/her/it by COGNATE HEALTH SERVICES.
Unless specifically disclosed in written to COGNATE HEALTH SERVICES and COGNATE HEALTH SERVICES approving it, the Family Health Advisor shall not
deal directly and/or indirectly, or have any commercial association with, any hospital, clinic or any other entity which forms a part of the COGNATE HEALTH SERVICES Network for the duration of the Family Health Advisor’s engagement. Further, the Family Health Advisor shall not approach the customers of any hospital, clinic or any other entity which forms a part of the COGNATE HEALTH SERVICES Network in relation to sale of the COGNATE HEALTH SERVICES Card to such customers.
The Family Health Advisor shall not directly and/or indirectly approach any doctor, hospital or any other professional / entity engaged in
providing medical facilities to develop any network which is same or similar to that of COGNATE HEALTH SERVICES (including but not limited to hospital facilities and quality).
The Family Health Advisor shall not give any medical advice or opinion in any manner whatsoever to the Customers and shall not recommend, promote or refer any specific or particular doctor, lab, dentist or hospital name to the customer(s).
The Family Health Advisor shall at all times keep the interests of the Customers in mind and shall as far as possible be impartial in carrying out his/her/its roles and responsibilities.
The Family Health Advisor shall be directly in touch with all Customers procured by him/her/it for COGNATE HEALTH SERVICES. The Family Health Advisor shall not attempt to represent a Customer procured by any person other than the Family Health Advisor.
All information relating to COGNATE HEALTH SERVICES or a Customer, including the details of the COGNATE HEALTH SERVICES Network, shall be kept strictly confidential by the Family Health Advisor and shall not be disclosed to any third party without the consent of COGNATE HEALTH SERVICES.
All information provided by the Family Health Advisor to COGNATE HEALTH SERVICES regarding his/her/its application for engagement is true and correct and shall be binding on the Family Health Advisor. The Family Health Advisor shall indemnify, defend and hold harmless COGNATE HEALTH SERVICES from and against any losses, damages, expenses or claims arising out of inaccuracy of such information.
The Family Health Advisor understands and agrees that all rights in the logo, brand name, trade mark or other property of COGNATE HEALTH SERVICES shall remain with COGNATE HEALTH SERVICES and nothing in these Terms creates or is deemed to create any license, assignment or other transfer / conferment of rights over such property to / on the Family Health Advisor.
Notwithstanding anything contained herein, COGNATE HEALTH SERVICES shall act merely as facilitator of health benefit offers and services to the Customers and shall bear no liability with regard to the services provided by the Family Health Advisor and the services provided by hospitals and/or doctors on the COGNATE HEALTH SERVICES Network.
COGNATE HEALTH SERVICES shall have no liability with regard to the opinion provided by the Family Health Advisor to their respective Customers. Any opinion and/or advice rendered outside the scope of and/or not in accordance with these Terms shall be at the sole risk and liability of the Family Health Advisor and COGNATE HEALTH SERVICES shall not be responsible for any such opinion and/or advice in any manner whatsoever.
Responsibility for the services provided by the Family Health Advisor and the consequences thereof shall be solely with the Family Health Advisor and COGNATE HEALTH SERVICES shall bear no liability with regard to the same.
It is hereby clarified that COGNATE HEALTH SERVICES is not an insurance company and does not carry on, and shall not be deemed to carry on, the business of insurance in any manner whatsoever.
TERMINATION OF ENGAGEMENT
If the Family Health Advisor is found to materially violate any terms and conditions of these Terms, COGNATE HEALTH SERVICES shall have the right to terminate his/her/its engagement with immediate effect.
The engagement of the Family Health Advisor shall automatically stand terminated in the event(s) of (i) demise of the Family Health Advisor; and/or (ii) in the event of winding up/liquidation of COGNATE HEALTH SERVICES.
Notwithstanding anything contained herein, the Family Health Advisor agrees that the engagement of the Family Health Advisor may be terminated by COGNATE HEALTH SERVICES by giving 1 (one) month’s advance notice in writing at the address provided to COGNATE HEALTH SERVICES by the Family Health Advisor and without assigning any reason for such termination.
MISCELLANEOUS
The Family Health Advisor agrees to indemnify, defend and hold harmless COGNATE HEALTH SERVICES and/or its affiliates and its/their respective partners, directors, officers, agents, currents and past employees, consultants and advisors (hereinafter collectively referred to as "COGNATE HEALTH SERVICES Indemnified Parties'') from and against any and all losses, liabilities, claims, damages, demands, suits, actions, proceedings, costs and expenses, taxes, reasonable legal and attorney fees and disbursements in connection therewith and/or costs incurred reasonably in the settlement of any of the foregoing, including pursuant to third party actions, and which arise out of any act or omission or in respect of, or result from or are payable by virtue of, or in connection with the services provided by the Family Health Advisor (i) beyond the scope of work as prescribed; (ii) rendered in a manner which is inconsistent with the provisions of these Terms; or (iii) which results in infringement or alleged infringement of any rights, contractual or otherwise, of any third party or of any applicable law.
The Family Health Advisor represents and warrants to COGNATE HEALTH SERVICES that (i) [he/she is of a sound mind; (ii) he/she/it is competent to and has the full right, power, legal capacity and authority to be engaged in accordance with these Terms as well as duly perform and deliver the obligations hereunder; (iii) the performance of these Terms will not result in any violation or breach of any contract, agreement, order, judgment, decree, rule, regulation or law; and (iv) he/she/it shall do such further acts, execute and deliver such further instruments and documents, and generally do all such other things as may be reasonably necessary to accomplish the functions contemplated in these Terms.
The Family Health Advisor understands and acknowledges that it shall not assign or otherwise transfer its rights or obligations under these Terms, in whole or in part, without the prior written consent of COGNATE HEALTH SERVICES.
If any provision of these Terms is or becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid.
COGNATE HEALTH SERVICES reserves the right to modify these Terms from time to time and it shall be the responsibility of the Family Health Advisor to keep himself/herself/itself updated with the Terms. If the Family Health Advisor continues to carry out his/her/its obligations as specified hereunder, the Family Health Advisor shall have impliedly agreed to the revised Terms.
These Terms shall be governed by the laws of India, and the courts at New Delhi shall have exclusive jurisdiction over any dispute arising out of these Terms.
All documents, approvals, consents and notices are required to be given in writing by either the Family Health Advisor or COGNATE HEALTH SERVICES to the other at the addresses mentioned above unless specified otherwise. In case of a change of address, the concerned party shall inform the other party, in writing, about the change of address within 15 (fifteen) days of such change of address.

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