Terms and Conditions of Contract

Version 1.1
With effect from 1st July 2024

This is a legally binding contract (hereinafter referred to as "Agreement"), By and Between:

User(s) (hereinafter referred as "User" or "Users" or "You", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his/her/their heirs, executors, administrators and legal representatives its successors, as the case may be), i.e. any person, who accesses and/or the uses internet resource janohealth.com or jano.health, including, without limitation, all its associated sub-domains, mobile applications ‘Jano Health’, and/or any accompanying or associated data, applications, utilities or interface available or provided now or in future (collectively referred to as "Site") or any User Services (defined hereinafter) provided by Jano Health Solutions Pvt Ltd, which expression shall unless it be repugnant to the context or meaning thereof, be deemed to mean and include, its successors and assigns) whose registered office is at B101, Sterling residency, Dollar’s colony, RMV 2nd stage, Bangalore 560094

AND

Jano Health Solutions Pvt Ltd (hereinafter referred to as the "Company" or "Us" or "We").

and each of which are hereinafter referred to as a "Party" and both of which are herein referred to as the "Parties".

Please read the terms and conditions carefully before using or accessing the Site or any material or information therein, or availing Services (defined hereinafter) from the Company offered through the Site.

This Agreement is an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures. The agreement between, and conduct of, the Parties shall be exclusively and wholly governed by this Agreement.

This Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Site.

• 1.INTERPRETATION

• 1.1.The words "hereof", "hereto", "herein", and "hereunder" and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement.
• 1.2.Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
• 1.3.The headings to clauses, sub-clauses and paragraphs of this Agreement shall only serve the purpose of easier orientation and shall not affect the contents and interpretation of this Agreement.
• 1.4.Reference to days, months and years are to English calendar days, calendar months and calendar years, respectively.
• 1.5.Any reference to "writing" shall include printing, typing, lithography, an electronic record in terms of Information Technology Act, 2000 and rules framed thereunder as applicable, and other means of reproducing words in a visible form.
• 1.6.The words "include" and "including" are to be construed without limitation.
• 1.7."Law" means all statutes, enactments, acts of legislature, laws, ordinances, rules, by-laws, regulations, negotiations, guidelines, policies, directions, directives and orders of any Authorized Authority of or within the Republic of India.
• 1.8."Person" includes any individual, partnership, corporation, company, unincorporated organization or association, trust or other entity.
• 1.9.The words "Your" or "your" or "You" or "you", when used in this Agreement, shall refer to and mean "User" or "Users", as the case may be.

• 2.DEFINITIONS
  The following words and terms, whenever used in this Agreement, unless repugnant to the meaning or context thereof, shall have the respective meanings set forth below.

• 2.1."Applicable Laws" or "Law" shall mean any applicable national, federal, state or local laws (both common law and statute law and civil and criminal law) and all applicable subordinate legislation and regulatory codes of practice (including statutory instruments, guidance notes, circulars, directives, decisions, regulations, treaties, conventions, ordinances, order of any government agency, requirement or recommendation of any statute, statutory instrument, by-law or any public, governmental or statutory authority or person); all being of the Republic of India.
• 2.2."Company" or "Us" or "We", shall mean and include Jano Health Solutions Pvt Ltd, its Offices, Officers, Directors, Partners, Owners, Administrators, independent Contractors, Employees, Agents, or affiliates, and its/their successors and assigns.
• 2.3."Intellectual Property Rights", which may also be referred as IPR, shall mean and include all registered and unregistered trademarks, copyright in all forms including but not limited to the contents of the Site, images, text, illustrations, audio clips, trademarks, logos, labels, video clips, software and coding; industrial designs, patents, inventions, domain names, trade secrets, methodology, processes, features, functionality, User Information and common law rights in the aforesaid, which are associated with the Company, Services or the System.
• 2.4."Lab" or "Laboratories" shall mean and include the Diagnostic laboratories and their collection centres.
• 2.5."Person" shall mean a person, and includes any individual, corporation, firm, partnership, joint venture, association, organisation, trust, state or Governmental Authority or other legal entity (in each case, whether or not having separate legal personality).
• 2.6."Practitioner" or "Practitioners" shall mean and include medical health professional(s), and/or doctors listed on the Site.
• 2.7."Practitioner Services" shall mean and include the following services made available by the Company through its Site and System.

• 2.7.1.Manage Practice Services: a) Integrated calendar for booking and managing Online Consultations and Clinic Visits, b) Maintaining electronic medical records of patient visits, c) Invoicing and payment, d) SMS and email notifications to patients and User and e) Other services which are ancillary to the area of Manage Practice.
• 2.7.2.Grow Practice Services: A complete platform to grow your online practice by providing User Services.

• 2.8."Services" shall mean and include any service(s), including User Services and Practitioner Services, provided by the Company through its Site and System.
• 2.9."Site" shall mean and include, whole or in part, the internet resource and website known as janohealth.com or jano.health including but not limited to all its associated sub-domains, mobile application 'Jano health', any accompanying or associated data, applications, utilities or interface.
• 2.10."System" shall mean and include the Site, electronic communication network including all software, all hardware, all files and images and data contained in or generated by the System associated with the Site.
• 2.11."Territory" shall mean solely the territorial jurisdiction of the Republic of India, to the exclusion of all other countries and territories of the world.
• 2.12."Use" shall mean and include any use of the Site or Services by a Person, including, without limitation, users, Registered Users, unregistered users, and any other Persons who accesses or visits the Site and their relative(s), representatives, agents, servants or affiliates, for whom, or on whose behalf, such User, Registered User, unregistered user or Person is using the Site and availing the Services.
• 2.13."User" and "Users" shall mean and include a registered user, unregistered user, or any Person who Uses the Site, Users, including the patient and his relative(s), representatives, agents, servants or affiliates, for whom or on whose behalf, the User is using the Site.
• 2.14."User Account Information" shall mean and include the name, email address, mobile number, password, date of birth, gender, city, pincode and any other information as may be required by the Company in relation of the User Account.
• 2.15."User Information" shall mean and include User Account Information, User generated content, Practitioner(s) generated content, medical records; information generated, directly or indirectly, subject to the privacy policy of the Company, with respect to the User Account, during the process of obtaining User Services by the User, or otherwise.
• 2.16."User Services", shall mean and include Services offered by the Company from time to time through the Site, including, without limitation, Online Consultation, Next Available General Physician and Next Available Paediatrician, Quick Advice, Ask a Paid Question, Ask a Free Question, Diagnostic Test, Health Tips, Health Vault and Clinic appointment.

• 3.ACCEPTANCE OF TERMS

• 3.1.This Agreement applies to the Company and User, and governs the provision of access to Users of the Site, and/or the use by Users of any User Services provided on or through the Site.
• 3.2.By accepting or clicking the tab/button "I agree" at the time of registration or by mere use of the User Services provided by the Company through Site by the User, the User shall be and be deemed to be bound by this Agreement, and to have read, understood and unconditionally accepted this Agreement in its entirety for availing in all matters concerning its access of the site and the use of the User Services provided on or through the Site.
• 3.3.The Company is, and User accepts that the Company is, the owner, author and publisher of the Site and the operator of the System associated with the Site for providing Services.
• 3.4.By using the Site or accessing any material, information or services through the Site, the User agrees, admits, confirms and declares that the User have completed 18 years of age as on date of this Agreement, and that the User has fully read and understood the Terms and Conditions (also referred as "Terms of Use") as set forth in this Agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment.
• 3.5.In case the User has any issue or difficulty with the understanding of this Agreement or any of its clause or portion, you are advised not to Use the Site and if the User uses the Site, it shall be presumed and signified that User has agreed to be bound by the terms and conditions of the Agreement, without any objection or reservation.
• 3.6.If you do not wish to be bound by any part of this Agreement, you are not allowed to and shall not use the Site or any of Services offered by the Company or the Site, any such use of the Site or any of the Services shall not be valid and shall not vest any rights or entitlements in you, and shall be a breach of this Agreement by you.
• 3.7.By mere use of or access to the Site, you shall be contracting with Company, and these terms and conditions including the privacy policy, constitute your binding obligation.
• 3.8.Further, by mere use of or access to the Site, you agree and declare that you are intending to use or using the User Services offered by the Company through Site, on your own volition, free will, without any undue influence, force or coercion, while in sound mind, and disposing capacity, and your being legally capable of contracting in law.
• 3.9.You understand and accept that advice, information or other communications given or made remotely by audio or video are by their nature limited relative to a face-to-face consultation. A non-face to face consultation may therefore not be sufficient in certain circumstances and Users should be aware of, and by using the Company's Site and any other facility are deemed to have accepted, those limitations.
• 3.10.The Site is not endorsing and shall never be deemed to endorse any particular Practitioner or Lab and nothing shall be construed as endorsement by this Site, and/or any person, entity or advice including the results of any search you perform on the Site for Practitioners or Labs. The User shall be solely responsible for choosing the Practitioner or Lab, and the Company shall never be responsible or liable for the selection of such Practitioner or health care service provider.
• 3.11.User understands and irrevocably consents that it is the responsibility of the User to evaluate whether any advice received via the User Services is suitable or sufficient for the User's needs, ailment or purpose, whether and to what extent the User should rely upon such advice and/or act upon the same, and whether the User should seek the assistance of any other doctor or medical practitioner.
• 3.12.If, following use of the Site, you are in any doubt, or have any concerns regarding any information or advice you have received, or failed to receive, via the User Services, or regarding your health, wellbeing or any conditions, you agree to seek further medical opinion from a registered medical practitioner, not affiliated with the Company, and irrespective of whether you seek such opinion or advice, the Site shall never be liable or responsible.

• 4.CAUTION

• 4.1.The User Services are not intended to be used in emergency healthcare.
• 4.2.The User Services provided by the Site shall not be used by the User in case(s) of any kind of medical emergencies, and the Company, Site and Services are not, and should not be considered in any form to be a substitute for personal consultation or treatment by a doctor or a hospital. We encourage you to independently verify any information you see on the Site with respect to a doctor or health care practitioner that you seek to interact with through any medium.
• 4.3.User understands that no results can be guaranteed or assured from the advices sought from the Practitioners or results from the Lab, as may be expected or required by the User.
• 4.4.User hereby agrees and understands that due to certain reasons, the treating Practitioner at his/her sole discretion, may in his/her sole discretion elect not to provide advice to User through the Site.
• 4.5.User is also cautioned to note that the Company does not and will not compel any Practitioner or any Lab to provide any services, and it shall be the sole prerogative and discretion of the Practitioner or a Lab to provide any service/services or consultation. A Practitioner or a Lab always has the right to refuse or decline its services to any User or the Company, without any notice.
• 4.6.User is cautioned to note and understands that in certain health conditions and other circumstances, an audio or video consultation with the Practitioner may not be appropriate or sufficient and the User shall not use the Site or User Services in case of: (i) emergency, (ii) urgency, (iii) where a physical examination is likely to be required, (iv) where physical intervention is likely to be required, or (v) where the problem, issue or information required is not suited to remote communication, or (vi) when there are complications, symptoms or other factors which require physical examination, physical intervention or other treatment.

• 5.RELATIONSHIP AND AGREEMENT WITH THE PRACTITIONER AND / OR LAB

• 5.1.The User hereby understands and agrees that the relationship between the User and the Practitioner and or the Lab, is and shall always be independently governed by the rules and regulations that may be prescribed by the Practitioner or the Lab, and/or under Applicable Laws. The Company does not claim any control over any such specific, particular, individual or general rules and regulations and Applicable Laws.
• 5.2.There is and shall always be a separate and independent contractual relationship between the User, Practitioner and/ or the Lab, as the case may be, without any involvement or control or interference of the Company. Accordingly, there is and shall never be any privity of contract between the Site, the User and the Practitioner and/or the Lab.
• 5.3.The User undertakes and agrees that the User shall independently enquire, ask for and will have to arrive at an individual or specific agreement with the Practitioner or a Lab, whose services may be available on the Site.
• 5.4.The User shall note that the Company is not privy to any separate or independent Agreements that User has with any Practitioner or any Lab, which independently govern their inter-se relationship, and shall be on a principal-to-principal basis between them.
• 5.5.The Company is only providing a platform to enable User, Practitioner and Lab to interact with each other, without any professional intervention, involvement or liability of the Company.

• 6.USER OBLIGATIONS, UNDERTAKINGS AND CONSENT

• 6.1.Prior to availing any Services, or completion of any transaction on the Site, you will have to register and become a "Registered User".
• 6.2.All users shall be of 18 years of age or above, and shall register separately to avail the Services. The legal age of majority of 18 years shall apply and bind the User irrespective of the legal age of majority that is applicable to the jurisdiction in which the User resides or is domicile.
• 6.3.When a User registers on the Site, the User shall be required to create an account ("User Account") by providing the information comprising of the name, email address, mobile number, password, date of birth, gender, city, pin code and certain other information as may be required by the Company.
• 6.4.The verification of mobile number and / or the email shall be compulsory without which the Company will not create a User Account.
• 6.5.Use of the Site and the Services by the User, shall be solely at the discretion of the Company. The Company reserves its right to add, delete or discontinue its any Service or Site in part or whole.
• 6.6.The Company reserves, at its sole discretion, the right to refuse any User to access the Site or avail any Services, without assigning any reason.
• 6.7.The Company also reserves, at its sole discretion, the right to block any User from creation of any User Account, or block any Registered User from accessing Site or Services, without assigning any reason.
• 6.8.If User registers on the Site and successfully gets a User Account, User shall be responsible for maintaining the confidentiality of the account, including display name and password of the account, and User shall be responsible for all activities that occur under User's Account.
• 6.9.User hereby declares and verifies that all information provided by the User is true, accurate and genuine. User hereby agrees that in case any information provided by the User is not true or accurate or genuine or complete, or the Company has reasonable grounds to suspect that such information is false, misleading, untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, then the Company shall have the right to indefinitely suspend or terminate or block access of User's Account on the Site.
• 6.10.User hereby agrees, declares and warrants that the User is fully authorized and has taken all requisite approvals from any person on whose behalf (if any) User is acting on the Site.
• 6.11.Users will ensure that the User is in compliance of all applicable laws, regulations and conventions.
• 6.12.User agrees that the User shall be solely responsible for all usage of the User's Account and password, whether or not authorized by the User.
• 6.13.User consents to immediately notify the Company of any actual or suspected unauthorized use or breach of the User's Account. User hereby agrees that the Company shall not be liable for any direct or indirect damages, losses, costs, charges, expenses, etc. caused to User by any unauthorized use of User Account, and the User shall be liable for all damage and loss caused to the Company or others, due to such unauthorized use.
• 6.14.User agrees and undertakes that the User will not or attempt to:

• 6.14.1.1.impersonate any other User, person or entity,
• 6.14.1.2.misrepresent his affiliation with the Company (there being no such affiliation);
• 6.14.1.3.use the Site or Services in violation of any local, state, national or international laws, rules or regulations;
• 6.14.1.4.obtain any Services from the Site,, using his account for any person, except for himself, his family, and/or his children below 18 years of age.
• 6.14.1.5.use the Services, Site or System in any manner that exceeds the scope of the right to use the Site, System and Services.
• 6.14.1.6.use abusive, inappropriate or derogatory language while communicating with Practitioner through the Site.

• 7.COMMUNNICATION TO THE USER

• 7.1.User agrees that the delivery of any communications from the Company shall be deemed to be effective, when sent by Company, through any mode of communication, regardless of whether the User reads the communication on receipt of it, or whether the User actually receives the communication. You can withdraw your consent to receive communications by cancelling your use of the User Service or User Account.

• 8.DISCLAIMER OF WARRANTIES, GUARANTEES AND REPRESENTATIONS

• 8.1.User agrees that use of the User Services is entirely at User's own risk, cost and consequences. The Service is provided on 'as is' basis, without warranty, or guarantee of any kind, and/or any responsibility or liability either express or implied, or whether vicarious, or contingent.
• 8.2.We make no representations concerning the completeness, accuracy or utility of any information in the System, or concerning the qualifications or competence of individuals who placed it there.
• 8.3.While every effort has been made to ensure that the information hosted on this Site is accurate & correct; however the Company does not warrant the accuracy of information obtained from Site or that it will not violate or infringe any third party right in any manner, whatsoever.
• 8.4.The Company reserves the right, at its sole discretion, to change, modify, add to, or remove any part of the User Service or portions of these Terms of Use at any time without any prior written notice to the User, and any such change, modification, addition or removal (hereinafter referred as "Modifications") shall be considered as a part of these Terms of Use. It is User's responsibility to review these Terms of Use periodically for updates/changes. User's continued use of and access to the Site following the Modifications will mean that the User accepts and agrees to the Modifications.
• 8.5.Any right granted to the User to use the Services offered by the Company by its Site is personal, non-exclusive, and non-transferable and a limited and revocable (at the discretion of the Company) permission to use the Site and User Services.
• 8.6.The Company makes no representation or warranty regarding the standing, qualification, ability, capacity, experience, competence, professionalism, bonafides, credit worthiness or otherwise of any doctor, person, firm, group or company offering Services through the Site, or any information, or the suitability of information, for any purpose, whatsoever. The Company displays on the Site, relevant information regarding the profile and practice of the Practitioners listed on the Site, such as their qualification, specialisation, fees, location, experience, clinic visiting hours, online consultation hours and other details, and relevant information regarding the Laboratories, such as collection centre hours, tests provided, charges, collection centre location, and other details, as may be made available and provided to the Company. Such information found on the Site is provided and self-reported by the Practitioner and the Lab, and the Company makes no assurance, representation or warranty as to the accuracy, completeness or genuineness of the same. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor the Company provides any advice, or qualification certification, about any particular Practitioner, including doctor or health care provider. The User is encouraged and advised to independently verify any such information which the User may see on the Site with respect to Practitioner or the Lab that the User seeks to make an appointment with and consult for any advice or treatment. The Company further makes no representation or gives any warranty or condition either express or implied with regard to any information or User Services available on the Site.
• 8.7.The Company does not make any representations or warranties with respect to any Practitioner(s) and/or Labs or the quality of the healthcare User Services, they it may provide to the User.
• 8.8.The Company disclaims all warranties including, but not limited to, the implied warranty of merchantability and suitability for any Services.
• 8.9.Company also, does not warrant that:

• 8.9.1.this Site will be constantly available, or available at all;
• 8.9.2.any or all the User Services or any other Services on the Site will be constantly available, or available at all;
• 8.9.3.User will be able to access his or her account at any or all times;
• 8.9.4.the information on this Site is complete, true, accurate or non-misleading;
• 8.9.5.the warranties, endorsements, representations or opinions made by other Users, Labs and Practitioners, the content or information provided by the Users and/or Practitioners on the Site, or any opinion or suggestion given or expressed by the Company or any User in relation to any User or User Services provided by Practitioner(s) is complete, true, accurate or non-misleading;
• 8.9.6.the quality of any Services, information, or other thing obtained by the User through the Site will meet the User's expectations, need or purpose;
• 8.9.7.the User or any other person will be able to use any Services;
• 8.9.8.the User will be able to complete any or all the transactions on the Site;
• 8.9.9.the Practitioner and/or the Lab will properly fulfill their obligations in any transaction;
• 8.9.10.the feedbacks and reviews provided by the User will be published on the Site; and
• 8.9.11.the Site, information, content, materials, or User Services included on or otherwise made available to the User through the Site; their servers; or electronic communication sent from the Company or the Site, are free of virus's or any other harmful components.

• 8.10.The Company shall not be held liable for any interaction and associated issues, including but not limited to medical outcome and/or service issues, between User and the Practitioner/s and/or the Labs. Hence the Company shall not be held liable for such interactions. If you decide to engage with a Practitioner and/or a Lab to provide medical User Services to you, you do so at your entire risk and liabilities in all respects. The Company shall not be liable for any reason whatsoever for the User Services provided by Practitioner and/or the Lab, and we bear no liability for the consequences to you, of your use of the system or User Services.
• 8.11.The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Site or the downloading of any material, data, text, images, video content, or audio content from the Site. If a User is dissatisfied with the Site, User's sole remedy is to discontinue using the Site.
• 8.12.Except as expressly set out in these Terms of Use, all warranties, representations, terms, conditions or undertakings whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are, to the fullest extent permitted by law, hereby excluded.

• 9.PLATFORM FOR CONNECTING USERS WITH PRACTITIONERS AND LABS

• 9.1.The Company is an intermediary as per Section 2(w) of the Information Technology Act, 2000.
• 9.2.The Site is strictly technology platform for connecting Users to Practitioner/s and/or Labs, to obtain User Services available on the Site.
• 9.3.The Company is not and cannot be a party to or control in any manner any dealing between the Site's Users and Practitioners/Labs and the User hereby understands and accepts as under:

• 9.3.1.The Company does not practice medicine and does not interfere with the practice of medicine and is not involved in providing healthcare or medical advice or diagnosis or diagnostic User Services.
• 9.3.2.All or any of the Practitioners and Labs who may provide services through our Site, are independent professionals and/or organisations/companies who are providing services in their legal and professional capacity.
• 9.3.3.The Company does not make any representations or warranties with respect to these Practitioners and/or Labs or the quality of the healthcare User Services they may provide. Accordingly, the Company shall not be held responsible for any interaction or associated issues between the User and the Practitioner and/or the Labs.

• 10.ONLINE CONSULATION

• 10.1.While the Company will reasonably endeavour to arrange a confirmed appointment for an Online Consultation for a User, who requests the same on Site, the Company does not guarantee or assure that a User will get a confirmed appointment within a particular time frame.
• 10.2.It is at your sole discretion to share any medical records, medical history and medical conditions with the Practitioner, before the Online Consultation.
• 10.3.The Company shall have no liability if any Online Consultation is confirmed but later cancelled, or rescheduled, or refused by the Practitioner, or if the Practitioner is not available as per the given appointment time. Please refer to our section on Fees, Payments and Refunds for re-credit and refund of amount paid for Online Consultations that are missed by Practitioners.
• 10.4.The duration of the Online Consultation will be displayed at the time of booking. However, it is at the discretion of the Practitioner if he or she wants to reduce or increase the duration of the Online Consultation.

• 11.NEXT AVAILABLE GP AND NEXT AVAILABLE PEDIATRICIAN

• 11.1.The objective of this service is to be able to connect the User immediately to the Practitioner. Hence, we send the request to multiple Practitioners who are online and connect the User to the Practitioner who accepts the request first. Hence the identity of the Practitioner is only known to you once you join the video or phone call.
• 11.2.It is at your sole discretion to share any medical records, medical history and medical conditions with the Practitioner, before the Next Available GP or Next Available Pediatrician Consultation.
• 11.3.While the Company will reasonably try to connect the User at the earliest possible to the Practitioner who is online, the Company does not guarantee that a patient/ User will get connected within a particular time frame.
• 11.4.Please refer to our section on Fees, Payments and Refunds for recredit and refund of amount paid for Next Available GP and Next Available Pediatrician services when the Practitioners are unable to accept the consultation request.
• 11.5.While the duration of the Next Available GP and Next Available Pediatrician will be 15 minutes, it is at the discretion of the Practitioner if he or she wants to reduce or increase the duration of the Online Consultation.

• 12.QUICK ADVICE SERVICE

• 12.1."Quick Advice service" is only available to the Users, only if the Practitioners have registered them as their patients.
• 12.2.The User will have to contact their Practitioner to get themselves registered with the Practitioner, if they wish to avail this service.
• 12.3.Once the User is registered with the Practitioner, the User will have to call the Company's IVR number +918431200200 and follow the instructions therein to connect to the specific Practitioner.
• 12.4.Quick advice calls are subject to Practitioner availability and Practitioner's sole discretion.
• 12.5.The Company will make all reasonable efforts to connect you to the Practitioner but the Company does not warrant, guarantee or assure the service within a particular time frame.
• 12.6.Quick Advice is only to be used for general informational purposes only and are not intended to result in any written prescription or personalised treatment plan from the Practitioner.
• 12.7.You can replay and listen to your last Quick Advice call within 24 hours of the call. However, the Company will not be held responsible or liable for any inconvenience that will be caused to the User if due to any reason, you are unable to listen to the call. Hence, please note down all Practitioner instructions carefully during the call.

• 13.ASK A PAID QUESTION SERVICE

• 13.1.The Ask a Paid question is only sent to the Practitioner, you choose. The Company will not list these questions and their responses on the Site.
• 13.2.It is at your sole discretion to share any medical records, medical history and medical conditions with the Practitioner to whom you choose to pose the question.

• 14.ASK A FREE QUESTION SERVICE

• 14.1.When you post any question on the Site under Ask a Free Question the same may be sent to any or all of the Practitioners from the relevant area of expertise, who may have subscribed and agreed to provide his professional services through the Site.
• 14.2.The User understands and agrees that the question and any answer provided by the Practitioner will become part of the Company's public database. We recommend that you DO NOT disclose your personal details as a part of the question but mention them separately in the sections that are meant to capture/record this information. The Company subsequently lists these questions and their responses on the Site so that the Users at large can benefit from the advice of the Practitioners. The Company will not display the name, age or gender of the User who sends the question on the Site. However, your identity will be revealed to the Practitioners from the relevant area of expertise.
• 14.3.For Ask a Free question, there could be a delay in the User obtaining a response from the Practitioners and in some cases, depending on the nature of the question or the availability of the Practitioners, there may be no response for the question posted.
• 14.4.The Company will not be held liable for any inconvenience that may be caused to the User on account of such delay or on non-response pertaining to Ask a Free Question.
• 14.5.The Company makes no guarantee, warranty, assurance or undertaking regarding the receipt of reply or time frame within which you should expect to receive a reply for Ask a Free Question.
• 14.6.All replies under Ask a Free Question are for general information purposes only. Replies are not intended and shall not be treated as personalised health advice for the User and follow-up questions from the User may not receive any reply.

• 15.CLINIC APPOINTMENT

• 15.1.While the Company will reasonably try to ensure a confirmed appointment for a clinic visit for a User, who requests the same on Site, the Company does not guarantee that a patient/ User will get a confirmed appointment within a particular time frame. To confirm such requested appointments and to carry out related activties of sending confirmations and reminders, the Company has the right to call and send smses to the User even if the User comes under the Do Not Call Register or Do Not Disturb Registry of India.
• 15.2.Further, the Company shall have no liability if any appointment for a clinic visit is confirmed but later cancelled by the Practitioner, or if the Practitioner is not available as per the given appointment time.

• 16.LAB AND HOME COLLECTION SERVICES BY LAB

• 16.1.The auxiliary staff of the Lab will call you to schedule your appointment date and time or you will have to call the Lab to do so.

• 17.HEALTH TIPS:

• 17.1.The Company and or any of its Practitioners may send newsletters and other information regarding common health related topics, health tips or preventive care messages and links to other related websites. These communications and resources are not sent by or on behalf of the Site, or endorsed by the Site, may not be comprehensive and will not include complete potential information pertaining to the subject matter. These are solely meant for general, educational and informational purposes and should not be relied upon as a substitute for proper medical advise or as a substitute for User specific query / problem evaluation or construed, directly or indirectly as the practice of that particular User Service or dispensing of that particular User Service by the Company.

• 18.HEALTH VAULT

• 18.1.The Company makes available a facility known as Health Vault on the Site that Users may access and use. The specific terms relating to such Health Vault are below, without prejudice and in addition to all other Terms of Use.
• 18.2.Your Health Vault is created only after you have signed up and explicitly accepted all these Terms of Use.
• 18.3.Information available on your Health Vault will be of two types:

• 18.3.1.User created: Health and medical information you may voluntarily provide to Practitioners. Accordingly, once you select the share button on the Health Vault page, this information will be shared with the specific Practitioner with whom you book any a Clinic Appointment and the Practitioner/(s) with whom you have registered as a registered patient. The information that you provide prior to any other User Services such as medical records, medication being administered symptoms, allergies, medical conditions and other medical information will be shared with the relevant Practitioner.
• 18.3.2.Practitioner created: Information generated pursuant to your interaction with a Practitioner. This information is not shared by the Company with other Practitioners.

• 18.4.Any Practice created information will be provided on an "as is" basis and the Company does not validate the said information and makes no representation or assurance in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or if you wish to add, delete, or modify the information in any manner.
• 18.5.The Health Vault is provided on a best-effort and on "as is" basis. While we endeavour to maintain high levels of service availability, the Company is not liable for any interruption in access of the User Services.
• 18.6.It is your responsibility to keep your correct mobile number and email ID updated in the Account. The records will be sent to the User associated with the registered mobile number and/or email ID. The Company is not responsible for any loss or inconvenience caused due to non-updation of contact details for the Account. To change your email id, please contact us through the Contact Us form on the Site.
• 18.7.The Company uses current industry–level security and encryption in the System. However, the Company cannot prevent unauthorized access in case of loss or misuse of your login credentials or if they are otherwise compromised in any manner. Users are responsible for safeguarding their login credentials of the User Account and to immediately report any actual or suspected breach of account to the Company.
• 18.8.If you access your dependents' or family members records through your User Account by registering your dependents with your own Account, you are and will be deemed to be responsible for the records of your dependents and all obligations that your dependants would have had, had they maintained their own separate individual Health Vault, and in such a case all the Terms and Conditions shall automatically apply to and bind your dependants, as if they have entered into this Agreement.

• 19.FEES, PAYMENT AND REFUND POLICY

• 19.1.While some User Services available on the Site are provided at no charge, for free, there are certain User Services for which charges will be incurred and payable by you, if you opt to avail such User Services ("Paid User Services").
• 19.2.The Company, in case of any Paid User Services, may accept payments, solely for routine and administrative purposes on behalf of the Practitioner or the Lab.
• 19.3.Should you wish to avail Paid User Services, you acknowledge that the Company will collect the payment for such Paid User Services for and on behalf of the Practitioner or the Lab providing you such User Services, but with no liability or obligation, express or implied, being assumed by the Site.
• 19.4.The prices of the Paid User Services are displayed on the Site.
• 19.5.The prices displayed on the Site may or may not include any taxes, including Service Tax, Goods and Services Tax, VAT, etc., as applicable and the same will, be additionally payable by the User.
• 19.6.The User can also opt to purchase packages of the Practitioners for the User Services such as Ask a Paid Question and Quick Advice. In this case, on each occasion the User avails the User Service, his/her account will be debited for 1 session, as applicable. The packages will list the details of the charges, the number of sessions and the validity. The User will have to utilise the sessions as per the validity period of the package.
• 19.7.You acknowledge and confirm that the Company shall never be liable for the treatment or be treated as the health care service provider on account of collection of the payments in relation to, or on account of, Paid User Services, for any reason whatsoever.
• 19.8.For making the payment, the User will be directed to the portal of the third party, who has been outsourced by the Company, to receive payment.
• 19.9.For any of the payment method opted by the User for making payment on the portal of the outsourced party/agency/service provider, and thereafter by entering banking information and details on that portal while making payment, the Company does not assume any liability, and shall never be responsible for any direct or indirect costs, charges, expenses, damage or loss suffered by the User, as the Company has outsourced third party(s) for receiving such payment, who is an independent party, and the Company has no access or control over any information and details inserted by the User when making or attempting to make any payment. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR).
• 19.10.The Company does not ask for or retain any financial data or information of the User/payer.
• 19.11.The liability of the Company to render Services, shall arise only after receipt of the payment, on successful completion of the payment transaction.
• 19.12.Company may at its sole discretion introduce any offers/ discounts/ incentives on the Services, or introduces new service and/ or modify some or all of the existing services offered on the Site. In such an event, the Company reserves the right to charge fees for the new services offered or amend/introduce fees for existing services, without any prior intimation.
• 19.13.The Company may choose to discontinue or modify any incentive(s) or discounts at its sole discretion, without any prior intimation or notice.
• 19.14.User shall be solely responsible for compliance of all applicable laws of India while making any payment to Company.
• 19.15.You understand and agree that for Paid User Services provided on an appointment basis, you will be responsible for a cancellation fee or a missed appointment fee as follows:

• 19.15.1.For scheduled Online Consultation by video or by audio cancelled 4 hours prior to the consultation time, 100% of the amount will be re-credited to your account within 7 working days, to be used against any User Services within 365 days or at the sole option of the Site 95% will be refunded within 14 working days.
• 19.15.2.For a scheduled Online Consultation by video or by audio, cancelled less than 4 hours but before 30 minutes from the time of the consultation, 15% of the fee will be forfeited and the balance 85% will be re-credited to your account within 7 working days, to be used against any User Services within 365 days, or at the sole option of the Site 25% of the fee will be forfeited and 75% will be refunded within 14 working days.
• 19.15.3.For a scheduled Online Consultation by video or by audio, cancelled less than 30 minutes from the time of the consultation, 25% of the fee will be forfeited and 75% will be re-credited to your account within 7 working days, to be used against any User Services within 365 days or at the sole option of the Site 25% of the fee will be forfeited and 75% will be refunded within 14 working days.
• 19.15.4.For a no show, for a scheduled Online Consultation by video or by audio, 25% of the fee will be forfeited and 75% will be re-credited to your account within 7 working days, to be used against any User Services within 365 days or at the sole option of the Site 25% of the fee will be forfeited and 75% will be refunded within 14 working days.

• 19.16.For an Online consultation, where the payment has been made by the User and the Online Consultation is later cancelled by the Practitioner or the Practitioner is absent at the scheduled time of the Online consultation, 100% of the fees paid by the User will be re-credited to the User's account by the Company within the next 7 working days. The User may also opt for a refund wherein the entire amount will be refunded within the next 14 working days from the date the User opts for a refund.
• 19.17.For the Quick Advice service, the User will be able to connect to the Practitioner first (Primary Call) and do the payment subsequently. The User will also be able to do 2 follow-on calls free within 24 hours of the Primary call. However, after 24 hours of the Primary call, the User will be able to connect to the Practitioner only after he or she has cleared any outstanding dues of the Primary Call.
• 19.18.For Ask a Paid Question service, post the payment if the Practitioner does not respond within a reasonable period of time i.e. 24 hours from the receipt of payment for the question, 100% of the service fees paid by the User will be re-credited to the User's account by the Company within the next 7 working days. The User may also opt for a refund wherein the entire amount will be refunded within the next 14 working days, from the date the User opts for a refund.
• 19.19.For Diagnostic Test service, where any payment has been done by the User and the doctor or the auxiliary staff of the Lab does not reach the User's premises for the sample collection at the appointed time because of which the User no longer wants to avail the Lab services, 100% of the charges paid by the User through our Site will be re-credited to the User's account within the next 7 days once the User makes a written request for the same. The User may also opt for a refund wherein the entire amount will be refunded within the next 14 working days.
• 19.20.The User is required to inform the Lab at least 4 hours in advance if he or she wishes to reschedule the sample collection. If the User has cancelled the test by informing the Lab at least 4 hours prior to the scheduled sample collection time, the User can write to us with the relevant details of the transaction asking for a re-credit or a refund. Subject to verification with the Lab, the amount will be re-credited in the User’s account within the next 7 days or will be refunded within the next 14 working days. If the User is not available at the scheduled time of the sample collection, the Lab may impose a penalty not exceeding Rupees 300 on the User as per their terms and conditions.

• 20.ONLINE CONSULTATION - AUDIO AND VIDEO CALL DROPS

• 20.1.After the User and the Practitioner have been connected, either entity can experience network issues which might result in the call getting disconnected. The steps to be followed in such an eventuality are listed below:

• 20.1.1.In case of any audio call drop:

• 20.1.1.1.The User will have to call our IVR number +918431200200 within 15 minutes of the scheduled consultation end time and press 3 for the Online Consultation Call drop option.
• 20.1.1.2.Our System will immediately try to connect the User to the Practitioner based on the User's request.
• 20.1.1.3.However, if the Practitioner is unavailable for any reason or network issues, the User must write to us through the Contact Us form on the Site for a full re-credit within 7 days of the Online Consultation call.
• 20.1.1.4.You must mention your transaction id number, the date and the name of the Practitioner in your refund request.
• 20.1.1.5.We will re-credit the amount to the User Account within the next 7 working days subject to the confirmation of the Practitioner.

• 20.1.2.In case of any video call drop,

• 20.1.2.1.Either the User or the Practitioner can click on the call connect link to re-join the call.
• 20.1.2.2.If the call does not reconnect for loss of internet on either side, the User will have SMS us "CD" on +918431200200 within 15 minutes of the scheduled consultation end time.
• 20.1.2.3.Our System will send an email and also call the Practitioner to confirm the same.
• 20.1.2.4.If the Practitioner confirms that the video call dropped, 100% of the amount will be re-credited to the User's Account within 7 days of the Online Consultation call.
• 20.1.2.5.In case of any grievances, you may write to us for any assistance through the Contact Us form on the Site. Please mention your transaction id number, the date and the name of the doctor.

• 21.BENEFITS AND LIMITATIONS OF ONLINE MEDICAL OR HEALTH SERVICES

• 21.1.The advice and the User Services you receive from Practitioners are not intended to replace a primary care physician relationship or be your permanent medical home. Among the benefits of our User Services, are improved access to Practitioners and convenience. However, as with any medical or health service, there are potential risks associated with the use of these User Services. These risks include, but may not be limited to:

• 21.1.1.Non availability or non-provision of proper or necessary information, medical history and medical records with the Practitioner for giving appropriate medical or health care decision;
• 21.1.2.Delays in evaluation or treatment could occur due to failure of electronic equipment;
• 21.1.3.In rare cases, lack of access to all of your medical records and information, including history of medical conditions, or contraindication of a drug, procedure or treatment may result in adverse situations, harm, injury, allergic reactions or other judgment errors;
• 21.1.4.Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information, for which the Site bears no liability or obligation.

• 22.NO DOCTOR-PATIENT OR PROFESSIONAL RELATIONSHIP

• 22.1.It is hereby expressly clarified that, the information that you obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is only for informational purposes only.
• 22.2.We make no guarantees, representations, assurances, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, capability, expertise experience, competence or other information provided on the Site. In no event we shall be liable to User or anyone else for any decision made or action taken by you in reliance on such information.
• 22.3.Any Information available on the Site or any of the User Services provided or offered through Site, shall not be construed as any sort of relationship, including medical professional and patient relationship, between the Company and You.
• 22.4.The provision of any information on the Site does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating medical care from a qualified practitioner.

• 23.VIOLATIONS OF SYSTEM OR NETWORK SECURITY

• 23.1.Subject to the terms of this Agreement, and any other agreement that the Company may have with the User, the User shall act in an honest, bonafide and ethical manner at all times when the User accesses the Site or Uses any of the User Services, and undertakes to provide all co-operation reasonably required by Company in relation to the Site and Services.
• 23.2.Any violation or breach of System or network security is prohibited and actionable, and any such act may result in the User facing criminal and civil liability, and being denied access to the Site. Violations and breach of Site, System or network security may include, but are not limited to, the following:

• 23.2.1.introduction of any virus, logic bomb, harmful code and/or Trojan horse to the Site or Service.
• 23.2.2.flaming, hacking or otherwise obtaining unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network.
• 23.2.3.unauthorized monitoring of data or traffic on any network or system without express authorization of the Company of the system or network.
• 23.2.4.interfering with any User, host or network, including mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• 23.2.5.interference with any other User's use and enjoyment of the Site or Service, or any other individuals' use and enjoyment of similar services in any manner.
• 23.2.6.placing on the Site or Service, any misleading, defamatory, obscene, offensive or indecent material or material which breaches any intellectual property rights of others.
• 23.2.7.reverse engineering, disassembling, decompiling, or translating any software or other components of the Site, System or Services;
• 23.2.8.any copyright violation of the Site or System;
• 23.2.9.transmitting any information (including job posts, messages and hyperlinks) on or through the Site that is disruptive or competitive to the provision of User Services by the Company;
• 23.2.10.making any unsolicited communications to other Users;
• 23.2.11.framing or hot linking or deep linking any the Company Content.

• 23.3.User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or System, or any transaction being conducted on the Site or System, or with any other person's use of the Site or System.
• 23.4.The Company reserves, and shall have all the rights to take necessary actions, at its sole discretion, including claiming damages that may occur due to User's above acts or involvement/participation in any way on its own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

• 24.DATA RETENTION

• 24.1.User agrees that it is User's responsibility to ensure and keep a copy of all data pertaining to the User account, medical or otherwise, in User's own computer or any other place or in any other form.
• 24.2.User hereby agrees not to use the Site as a "data room" to store User's medical / health records.
• 24.3.User hereby declares that the User understands and agrees that the Company is not obliged to keep or preserve data of the User, and there may be hardware, System or network failure of the Site, including data storage facility of the Company, which may result in partial or total loss of data, and in case of such loss of data, the Company shall not be obliged or held responsible to retrieve or restore or provide a copy of the data to the User, with or without cost; and further the Company shall not be held responsible for any payment or compensation or damages to the User, for any such data loss or failure of the Company to retrieve or restore or provide a copy of the data to the User, and it shall be the sole and exclusive responsibility of the User to keep a copy of the data, with respect to anything related to the User Account.

• 25.INFORMATION UPLOADED BY THE USER ON THE SITE

• 25.1.While the Company takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Site, is at your own risk. By uploading / sharing / disclosing your medical conditions, medical history, medical records, and such other health records and any other information on the Site, you hereby give your consent to the Company to store such health / medical information on the Company's servers.
• 25.2.That some information provided by the Users on the Site may qualify as "Sensitive personal data or information", as defined under The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, for which Company has separate Privacy Policy.
• 25.3.The Company will retain your medical conditions, medical history, medical records, and such other health records and any other information that you may upload on the Site for as long as it is needed to fulfil the service you seek to avail on the Site. If you delete your account, the Company will delete all such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information, for the period permitted under the laws of India, if necessary to comply with our legal obligations, for historical and statistical purposes, resolve disputes, or enforce our agreements.

• 26.COMMUNICATION, SMS MESSAGES, MAILS, CALLS RECEIVED FROM THE SITE:

• 26.1.When you use the Site or access any material, information or Services through the Site, you agree and understand that you are communicating with us, through electronic medium and you consent to receive communications, through any mode of communication from Company, time to time, as and when required by Company, for any purpose.
• 26.2.By verifying the mobile number at the time of creation of the User Account and by registering as a Registered user on the Site, User consents to be contacted by Company via phone, and/or SMS notifications, WhatsApp, email or any other utility, application, method or mode of communication, and authorizes the Company, to send any information or communication relating to the Services availed by the User from the Company or any Practitioner, newsletter, promotional material, advertisements, or to contact for feedbacks, reviews, etc. or for any other purpose, including the communications relating to your registration, transactions that you carry out through the Site, reviews, feedbacks, and promotions that are undertaken by the Company. Further, the Company may also send notifications and reminders with respect to other User Services that you have subscribed to on the Site. Please note that while the Company endeavours to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is User's responsibility to ensure that you attend any appointments and consultations that you may schedule with a Practitioner through the Site.

• 27.IPR, TRADEMARK, COPYRIGHT - USE, RESTRICTIONS AND LIMITATIONS

• 27.1.The Site is held, controlled and operated by the Company, and all Intellectual Property Rights /IPR including copyright in the Site and Service solely and exclusively belongs to and owned by the Company. All intellectual property rights in and title to the Site, System and Services, the present or future modifications / upgradations thereof and standard enhancements thereto shall remain the property of the Company
• 27.2.All IPR protected material on the Site, including images, text, illustrations, audio clips, trademarks, logos, labels, video clips and User Information, are the intellectual property of the Company and / or of their respective owner(s). The IPR including the User Information that is collected by the Company from the Users and the Practitioner(s), subject to the privacy policy of the Company, shall be owned and controlled by the Company. Any redistribution, modification or reproduction of part or all of the contents featured in the Site or Service in any form is prohibited and actionable. You are not permitted to distribute or commercially exploit the IPR or the User Information. Nothing in these Terms of Use grants the User any right in respect of Intellectual Property Rights of Company.
• 27.3.Subject to the terms of this Agreement, the Company authorizes the User to view and access the User Information on or from the Site solely for ordering, receiving, delivering and communicating only as per this Agreement.
• 27.4.This Agreement permits you to use the Site only for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use, for any commercial purposes, any part of the Site or any User Services or materials available through the Site, except allowed under the Agreement or any other agreement.

• 28.RANKING OF PRACTITIONER AND LABORATORIES

• 28.1.The Company's ranking algorithm for the Practitioners and the Laboratories is a fully automated system that lists the Practitioners and Laboratories, their profile and information regarding their practice and Services on the Site. These listings of Practitioner and Laboratories do not represent any fixed objective ranking or any preferential or meritorious endorsement by the Company. The Company will not be liable for any change in the listing order of the Practitioner and Laboratories, which may take place from time to time when you search for relevant User Services and Practitioners and Labs. The listing order of Practitioner will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. The Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioner and Laboratories on the Site. The User shall be solely responsible for and entitled to choose the Practitioner or Laboratories at his sole discretion.

• 29.PRIVACY

• 29.1.The Company is committed to maintaining the privacy of your health information and personal information and has made considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy.

• 30.FORCE MAJEURE

• 30.1.Neither Party shall be liable or deemed in default for failure to fulfill any obligation under this Agreement due to causes beyond its reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, shortages of labor or materials, freight embargoes, unusually severe weather, electrical power failures, telecommunication or internet backbone outages, failure of an internet access provider or other similar causes beyond the Parties' control, and neither Party shall be liable for losses, expenses or damages, ordinary, special, remote or consequential, resulting directly or indirectly from such causes.

• 31.TERMINATION

• 31.1.User may deactivate the User Account and end the registration at any time, for any reason, by writing to us through the Contact Us form on the Site. The Company may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time, at its sole discretion. The Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation towards the User, except to the extent we are obligated to provide you access to your health records or treating Practitioner are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

• 32.RIGHTS AND OBLIGATIONS RELATING TO CONTENT

• 32.1.As mandated by Regulation 3(2) of the Information Technology (Intermediaries guidelines) Rules, 2011 (IG Rules) (http://deity.gov.in/sites/upload_files/dit/files/GSR314E_10511(1).pdf), the Company hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

• 32.1.1.1.belongs to another person and to which the User does not have any right to;
• 32.1.1.2.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• 32.1.1.3.harm minors in any way;
• 32.1.1.4.infringes any patent, trademark, copyright or other proprietary rights;
• 32.1.1.5.violates any law for the time being in force;
• 32.1.1.6.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• 32.1.1.7.impersonate another person;
• 32.1.1.8.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• 32.1.1.9.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
• 32.1.1.10.the Company, upon obtaining knowledge by itself or any third party of any of the above acts by a User, then it shall be entitled to remove or disable access to the material or information that is in contravention of this Agreement and to immediately terminate the access or usage rights of the User to the Site.

• 32.2.The Company may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The Company will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

• 33.INDEMNIFICATION

• 33.1.User undertakes to indemnify, defend and hold harmless the Company and its officers, directors, partners, owners, administrator, independent contractors, subsidiaries, licensors, suppliers, employees, agents and affiliates for and from any loss, claim, actions, demands, liabilities and settlements, including lawyer's fees, fees of third parties, etc., ("Claims"), by reason of, in any way relating to, or arising out of User's violation of these terms and conditions, or any conduct of the User or any other person operating for and on behalf of the User. The User further undertakes to indemnify & hold harmless, the Company against any judgment, proceedings, liability or cost resulting from or arising out of Use of the Site or information/data provided on the Site or Services provided by the Company, to the User.
• 33.2.User hereby undertakes to indemnify the Company for all losses, damage, costs, charges and expenses incurred as a result of User's misrepresentations or fraudulent feedback that has adversely affected the Company or its Users, or has caused any direct or indirect loss to the Company.
• 33.3.User further agrees to indemnify, defend and hold harmless User's treating Practitioner(s) from and against any third party Claims resulting from User's lack of adherence with the advice or recommendation(s) of such treating Practitioner.

• 34.GEOGRAPHICAL RESTRICTIONS

• 34.1.The Company makes no representation that all products, User Services and/or material described on the Site, or the User Services available through the Site, are appropriate or available for use in locations in all states and territories within India.

• 35.LIMITATION OF LIABILITY

• 35.1.This paragraph shall apply to all content and functionality of the Company, Site, System, Services and User Services.
• 35.2.Under no circumstances, including on account of any act, omission, commission or negligence, shall the Company including or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Site, Services, User Services or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company records, programs or the Site, Services, or User Services.
• 35.3.Notwithstanding the above, the User's exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate amount, which the Company has received from the User for the service in question. Such limitations shall apply to the Company's total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
• 35.4.In no event shall the Company be liable for any direct damages in excess of the purchase price paid by the User for the Service(s). In addition, to the maximum extent permitted by law, in no event shall the Company be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this Site or any Service offered through this Site or any material or information contained in, accessed through, or products purchased from the Site, even if an authorized representative of the Company is advised of the likelihood or possibility of the same.
• 35.5.The Company shall not be liable for any breach of service or service deficiency by any Practitioner or the Lab.
• 35.6.The Company shall not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the use of the Site or User Services.
• 35.7.The Company has no liability or responsibility, in case of any dispute or difference that may arise, with respect to the payment made by the User or the misuse of the information and details, inserted by the User at the time of making payment.
• 35.8.Without prejudice to the generality of the above, the Company will not be liable (directly or vicariously) for:

• 35.8.1.any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
• 35.8.2.any medical or other act, omission, commission or negligence on part of the Lab or any of its doctors or auxiliary staff;
• 35.8.3.any misconduct or inappropriate behaviour by the Practitioner or the Practitioner's staff or by the Lab or by its doctor or by any auxiliary staff of the Lab;
• 35.8.4.cancellation or rescheduling of booked appointment or any variance in the fees charged;
• 35.8.5.any direct or indirect, medical eventualities that might occur subsequent to using the User Services of a Practitioner or Lab, whom the User has selected on the basis of the information available on the website or with whom the User has booked an appointment through the Site;
• 35.8.6.Further, the Company shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the User Services provided by another User or a Lab. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at the Company's sole discretion and may be modified or withdrawn at its sole discretion. The Company may moderate such feedback at any time. The Company shall not be obliged to act in any manner to give effect to the content of Users' feedback, such as suggestions for delisting of a particular Practitioner or Lab from the Site.

• 36.THIRD PARTY ADVERTISEMENTS

• 36.1.The Company reserves the rights to display sponsored advertisements or third party advertisements on the Site "Sponsored Listings". Without prejudice to the status of other content, the Company will not be liable for the accuracy of information or the claims made in the Sponsored Listings. The Company does not require or encourage Users to visit any Sponsored Listings page or to avail any user services from them. The Company is not be liable for the user services of the providers of the Sponsored Listings. Your dealings with, or participation in promotions of, advertisers other than Company found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. The Company shall not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
• 36.2.Further, the Company shall not be responsible nor liable for any consequential damages arising on account of you relying on the contents of these advertisements.

• 37.APPLICABLE LAW AND DISPUTE SETTLEMENT

• 37.1.User agrees that terms of this Agreement and any contractual relationship arising out of the Agreement or use of the Site or Services or User Services, shall be governed by and construed solely and exclusively in accordance with the Indian laws.
• 37.2.The User hereby agrees that any action at law or in equity, arising out of or relating to these Terms and Conditions, including but not limited to arbitration or any issue arising out of the arbitration proceedings, appointment of the arbitrator, grant of injunction, which is arising from this Agreement, shall be filed only in the Courts at Bengaluru.
• 37.3.The User hereby consent and submit to the exclusive jurisdiction of Courts of competent jurisdiction at Bengaluru, India which shall be to the exclusion of all other courts in India or any other country.
• 37.4.Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Site or the User Services or information to which it gives access, shall be determined by Arbitration, before a sole arbitrator appointed by the Company.
• 37.5.Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996.
• 37.6.The seat and venue of such arbitration shall be at Bengaluru.
• 37.7.All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language.
• 37.8.The award shall be final and binding on the parties to the dispute.

• 38.SEVERABILITY

• 38.1.If any or part of this Agreement is declared invalid, unlawful or unenforceable, then such part will be severed. The remaining parts of this Agreement will continue to be valid and enforceable to the fullest extent permitted by applicable laws and regulations.

• 39.WAIVER

• 39.1.Any waiver by the Company of any breach of any term or condition of the Agreement by the User, shall not preclude the Company from enforcing any subsequent breach of that or any other term or condition and shall not be considered as a waiver of the subsequent breach also.

• 40.SYSTEM REQUIREMENTS

• 40.1.For accessing the Site and the Services offered by the Company, the User shall be solely and exclusively responsible to determine the appropriateness and requirements of the system, hardware and software, including an appropriate multimedia mobile or any other device or computer with camera, speaker, microphone and scanner, etc., The Company does not warrant suitability of any system including hardware. However, the Company may come-up with non-mandatory advice about the System requirements, which the User may accept or reject at his own discretion.
• 40.2.It is also your responsibility to make sure that you are using the latest versions of the browser that are compatible with our video technology i.e. Chrome, Internet Explorer, Opera and Firefox for laptops/computers and Chrome and Firefox for Android devices and that you have adequate network coverage and internet bandwidth and that you have checked your audio, sound and video settings on the device, on which you intend to do a video Online Consultation prior to the appointment time.
• 40.3.It is also your responsibility to make sure that you have good telecom based network coverage for an audio Online Consultation so that you do not experience call drops and are able to complete the conversation with the Practitioner.
• 40.4.From time to time, updates to the App may be made available to you. We recommend that you use the latest version of the App at all times, to take advantage of the latest enhancements.
• 40.5.By using the App or any of the User Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for User Services that are internet-based or wireless to improve our products and to provide any User Services to you.
• 40.6.If you use these User Services, you consent to us and our Affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and User Services. You may withdraw this consent at any time by turning off the location User Services settings on your device. Such location Services and the use of the User devices through the Internet and the telephony may involve cost for which the User shall directly connect with the Internet or Telecom Service Provider.

• 41.ASSIGNMENT

• 41.1.You hereby agree that the Company may assign this Agreement along with the Company, Site and Services at any time at its sole discretion, without the requirement of any consent from the User and the User also waives the right of any such requirement of consent, to any parent, subsidiary or affiliated company, or as part of the sale to, merger with, or other transfer or license of any kind, of the Company to another entity(s); and any such assignee or transferee or licensee shall automatically step in to the shoes of the Company for the purpose of this Agreement.
• 41.2.The User shall not be entitled to assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this Agreement, and the same shall be null and void.

USER UNDERSTANDS AND ACKNOWLEDGES THAT BY CHECKING THE "AGREE/ I AGREE" TAB/BUTTON ON THE SITE, AT THE TIME OF REGISTRATION, FOR THIS AGREEMENT AND/OR ANY OTHER FORM(S) OR AGREEMENT PRESENTED TO YOU ON THE SITE, OR BY USING ANY SERVICES, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT SUCH ACTION / CONFIRMATION CONSTITUTES A LEGAL SIGNATURE RESULTING IN A BINDING CONTRACT BETWEEN YOU AND THE COMPANY.