Agreement Between AYUSHEXCIL (PO) and Ayush Hospital / Day Care Centre / Clinic

Annex 2 Of System for Grant of AYUSH QUALITY MARK to Ayush Hospitals/ Day Care Centres/ Clinics

Agreement between AYUSHEXCIL and Ayush Hospitals/ Day Care Centres/ Clinics

This agreement is made as of (date) between

The AYUSHEXCIL,

Having office at………New Delhi, India,

And

The Hospital/ Day Care/ Clinic

(Name of the Hospital/ Day Care Centre/ Clinic etc)

having its principal office at having its principal office at (address where accreditation/ certification is held)) hereinafter referred to as Hospital/ Day Care Centre / Clinic.

Introduction

The Ministry of Ayush has instituted a system to recognize and grant AYUSH QUALITY MARK to Ayush products and services for demonstrating adherence to globally recognized standards under the aegis of the AYUSHEXCIL. Ayush product and services have been identified along with applicable globally recognized standards, criteria and process for grant of AYUSH QUALITY MARK.

Subject Of This Agreement

The purpose of this agreement is to establish the rights and obligations of the Ayush Hospital/ Day Care Centre/ Clinic under the AYUSH QUALITY MARK Programme.

This Agreement sets out the relationship between AYUSHEXCIL and the recognized Ayush Hospital/ Day Care Centre/ Clinic and the standards and conditions to be met by the recognized Ayush Hospital/ Day Care Centre/ Clinic in the operation of recognition.

Both AYUSHEXCIL and the recognized Ayush Hospital/ Day Care Centre/ Clinic expect and are expected to abide by the intent of this Agreement.

Recognition Of Ayush Hospitals / Day Care Centre / Clinics

Under the Ayush Stewardship Programme any Ayush Hospital/ Day Care Centre/ Clinic that is recognized by the AYUSHEXCIL and granted AYUSH QUALITY MARK is termed hereafter as recognized Ayush Hospital/ Day Care Centre/ Clinic.

The recognition is granted on the conditions that the recognized Ayush Hospital/ Day Care Centre/ Clinic:

(a) complies with the terms of this Agreement

(b) demonstrates continuing conformity with the criteria prescribed under this programme read with additional requirements, if any, as applicable

(c) demonstrates continuing competence within the scope of its recognition

(d) pays such fees as are due to AYUSHEXCIL

If a recognized Ayush Hospital/ Day Care Centre/ Clinic does not adhere to the terms of this Agreement, any commitments/ undertaking made to the AYUSHEXCIL, the applicable requirements prescribed by the AYUSHEXCIL, or the conditions for using the Ayush Quality Mark, the AYUSHEXCIL reserves the right to take appropriate action.

This may include suspending or withdrawing recognition, limiting the scope, or applying other suitable sanctions.

All information gained by AYUSHEXCIL and its personnel in dealing with Ayush Hospital/ Day Care Centre/ Clinic, other than information already in the public domain shall be treated as confidential and shall not, subject to the law of the land, be divulged without prior written consent of the Ayush Hospital/ Day Care Centre/ Clinic.

Additionally, AYUSHEXCIL reserves the right to withdraw recognition:

(a) If a Ayush Hospital/ Day Care Centre/ Clinic does not meet any of the requirements of this programme at any time.

(b) If the Ayush Hospital/ Day Care Centre/ Clinic violates any applicable laws.

(c) If there is proof of fraudulent activity, or if the Ayush Hospital/ Day Care Centre/ Clinic deliberately provides false information or withholds information.

Conditions To Be Met With By Recognized Ayush Hospital / Day Care Centre / Clinic

The recognized Ayush Hospital/ Day Care Centre/ Clinic shall offer AYUSHEXCIL and its representatives such reasonable access and co-operation as necessary to enable AYUSHEXCIL to monitor conformity with this Agreement and the relevant criteria.

The recognized Ayush Hospital/ Day Care Centre/ Clinic shall also use reasonable endeavours to provide access to AYUSHEXCIL’s assessors and experts to its premises to conduct assessment activities, as AYUSHEXCIL shall reasonably require.

The recognized Ayush Hospital/ Day Care Centre/ Clinic shall:

(a) commit to fulfil continually the requirements for recognition set by AYUSHEXCIL for the scopes for which recognition is sought or granted including adapting to changes in the requirements for recognition as and when communicated and shall also commit to provide evidence of fulfilment;

(b) afford such accommodation and cooperation as is necessary to enable AYUSHEXCIL to verify fulfilment of requirements for recognition.

This applies to all locations where the recognition is applicable (whenever required in case of direct assessment);

(c) provide access to hospital personnel, locations, equipment, information, documents and records as necessary to verify fulfilment of requirements for recognition (whenever required in case of direct assessment);

(d) only claim that it is recognized in respect of those activities (scope) which are the subject of the recognition as contained in the certificate issued to it by AYUSHEXCIL from time to time and which are carried out in accordance with this Agreement and the relevant criteria;

(e) use the AYUSH QUALITY MARK of AYUSHEXCIL only in respect of those services which fall within the scopes covered under recognition;

(f) not use its recognition in such a manner as to bring AYUSHEXCIL into disrepute, and take appropriate steps to correct any statement or expression, which AYUSHEXCIL considers to be misleading;

(g) upon the withdrawal of recognition, however determined, discontinue forthwith its use of any reference to recognition, or AYUSH QUALITY MARK , withdraw all advertising material which contains any reference thereto including on its website, return the certificate of recognition, discontinue use of AYUSH QUALITY MARK in respect of services, and take such other actions as AYUSHEXCIL may require;

(h) ensure that recognition or AYUSH QUALITY MARK shall not be used by itself or its clients for promotional or publicity purposes in any way that AYUSHEXCIL considers to be misleading, and take such immediate steps as AYUSHEXCIL may require to correct any such misleading use;

(i) provide, on demand, or during any assessments all records/information relating to complaints, appeals and disputes related to recognition.

Rules For Use Of AYUSH QUALITY MARK

The Ayush Quality Mark shall be used following the dimensions and colour scheme or black and white as depicted below:

The photographic reduction or enlargement of the AYUSH QUALITY MARK in the same proportion may be used.

The AYUSH QUALITY MARK may be used only in respect of those services which are covered under the scope of recognition.

Regardless of whether AYUSH QUALITY MARK is used or not, the services covered under the scope of recognition shall be deemed to be covered under the recognition and shall be expected to meet the specified criteria.

The AYUSH QUALITY MARK is non transferable and to be used only by the recognized Ayush Hospital/ Day Care Centre/ Clinic.

The recognized Ayush Hospital/ Day Care Centre/ Clinic shall follow any other rules prescribed by AYUSHEXCIL from time to time.

Data Protection

The Parties shall comply with the applicable Data Protection Regulations at all times.

Without prejudice to the other provisions of this Agreement, the Parties shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage, or destructions of the Personal Data processed under this Agreement.

Liability

No representation, promise, or warranty, whether express or implied, is or will be made or given by AYUSHEXCIL, or any of its CEOs, directors, employees, or agents, regarding the accuracy or completeness of any information, review, audit, or advice provided in the course of delivering services under this Agreement.

Furthermore, no CEO, director, employee, or agent of AYUSHEXCIL is authorized (nor shall be deemed to be authorized) to make or give any such representation, promise, or warranty.

Any such representation, promise, or warranty, if purported to be made or given, shall not be relied upon by the recognized Ayush Hospital/ Day Care Centre/ Clinic.

Force Majeure

No failure or omission by either party to carry out or observe any of the stipulations, conditions or warranties to be performed shall give rise to any claim against such party or be deemed to be a breach of contract to the extent that such failure or omission arises from causes reasonably beyond the control of such party.

Indemnity

The recognized Ayush Hospital/ Day Care Centre/ Clinic undertakes to indemnify AYUSHEXCIL against any losses suffered by or claims made against AYUSHEXCIL as a result of misuse by the recognized Ayush Hospital/ Day Care Centre/ Clinic of any recognition, or symbol granted by AYUSHEXCIL as a result of any breach by the recognized Ayush Hospital/ Day Care Centre/ Clinic of the terms of this Agreement.

Governing Law And Arbitration

This Agreement shall in all respects be construed and operate as an Agreement made in India and in conformity with Indian Law and the construction and validity shall be governed by the Indian Laws and is subject to the exclusive jurisdiction of the Delhi Courts.

All disputes, differences, or questions whatsoever arising between the parties concerning the interpretation of this Agreement or any matter arising out of or in connection with this Agreement, which cannot be resolved amicably through mutual discussions, shall be referred to arbitration.

The arbitration shall be conducted by AYUSHEXCIL or by any person nominated by AYUSHEXCIL.

The arbitration proceedings shall take place in the City of Delhi and shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

Termination

These arrangements shall continue in force unless and until terminated:

(a) on withdrawal of recognition by AYUSHEXCIL; or

(b) on voluntary surrender of recognition by the Ayush Hospital/ Day Care Centre/ Clinic.

The Parties To The Agreement

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