CHAPTER – I
Introduction, Definitions and Applicability
The domain name https://beatoapp.com/ (hereinafter referred to as “Website”) and the mobile application ‘BeatOapp’ (hereinafter referred to as “App”) are owned and operated by Health Arx Technologies Private Limited (the “Company”), having its registered office at A-9, GF & FF, FIEE Complex Okhla Industrial Area, Phase-II New Delhi – 110020, India and having GST Registration No. 07AADCH6889G1Z5.
The Website and the App enables the User to – connect with in-house specialists for consultation on diabetics care, analyse diabetic readings, track fitness levels, managing diet; place orders for diabetic supplies such as Smart Glucometers, Glucometer strips and other diabetic friendly products including snacks, beverages, etc.; and subscribe to various health services provided either by the Company or by third parties.
Your use of the Website is an acknowledgment that you have reviewed these terms and conditions and agrees to comply with the same and be legally bound thereby. By downloading and installing the App or by simply visiting the Website, you acknowledge that you have reviewed these terms and conditions and agrees to comply with the same and be legally bound thereby.
These terms and conditions govern your access to and use of the Website / App and the Services (as defined hereinafter). If you do not agree to these terms and conditions, you must refrain from using the Website / App and Services.
IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
By visiting, viewing or otherwise using the Website and / or App and the Services (defined below) thereunder, you / User are, thereby, deemed to represent and warrant that you have read and understood, and agreed to be bound by, the Terms of this Agreement. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. Irrespective of the use of the Website and / or the App from any medium or device, including mobile, smart phone or tablet, the User is bound by this Agreement. This Agreement defines the terms and conditions under which you are allowed to use the Website and the App and describes the manner in which the Company shall treat your account and the information associated with it while you are registered as an End-User (as defined below) with us.
Modification of Agreement: The Company reserves the right to amend, modify (from time to time) or terminate any portion of the Agreement for any reason and at any time without further notice to you. Any such amendment or modification shall be effective once the Company post a revised version of the Agreement on the Website / App. It is your responsibility to review this Agreement periodically. Your use of the Website and / or the App following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and / or to specific areas of the Website or the App or to particular Service are also considered as part of the Agreement.
APPLICABILITY OF TERMS
For the purpose of these Terms, wherever the context so requires the term ‘You’ / ‘User’ / ‘End User’ shall mean any natural or legal person (including a patient, his / her representatives or affiliates) who has downloaded and installed App or simply visited the Website by entering the domain name in any internet browser irrespective of whether any registration data has been provided to the Company or not. Any services provided by the Website / App which do not require registration do not absolve you of the contractual relationship established by this Agreement.
The User acknowledges that these Terms are in electronic form and has the same force and effect as an agreement in writing.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
the Indian Contract Act, 1872,
the Information Technology Act, 2000, and
the rules, regulations, guidelines and clarifications framed there under, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the SPDI Rules), and Information Technology (Intermediaries Guidelines) Rules, 2011 (the IG Rules).
CONDITIONS OF USE
Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are, for any reason, unable to provide Consent as per the SPDI Rules or as required hereunder, you are not eligible to register for, use or avail the services available on the Website / App.
Your use of the Website / App is under a license from us. Your license to use the Website / App is personal, revocable, non-assignable and non-exclusive. You, therefore may not use the Website / App for any commercial purpose.
The End-User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
You are responsible for each mobile / tablet you use to access the Website / App, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. The Company will not be liable for your failure to update or use the Website / App in the appropriate manner. In the event you provide any false or inaccurate details or the Company has reasonable grounds to believe that the information provided by you is false, the Company reserves the right to suspend your Account and / or discontinue the Services to you at its sole discretion. The Company does not accept any liability for the loss or damage sustained by you as a result of such false information provided by you.
The Company reserves the right to suspend or terminate an End-User's access to the Website / App and the Services, at its sole discretion, with or without notice to such End-Users and upon such termination, the End-User’s right to use the Website / App and the Services therein immediately ceases. The End-User agrees that the Company shall not be liable for such termination. Without prejudice to any other rights available to the Company under the Agreement or applicable law, the Company reserves the right to exercise any other remedy available under law, in the following cases:
End-User breaches any terms and conditions of this Agreement;
A third party reports violation of any of its right as a result of the End-User's use of the Services;
End-User provides fraudulent, inaccurate, or incomplete information to the Website / App;
the Company is unable to verify or authenticate any information provide to the Company by an End-User;
the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such End-User; or
the Company believes in its sole discretion that End-User's actions may cause legal liability for the End-User, other End-Users or for the Company or are contrary to the interests of the Website / App.
Once temporarily suspended, indefinitely suspended or terminated, the End-User may not continue to use the Website / App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such End-User shall no longer have access to data, messages, files and other material kept on the Website / App by such End-User.
CHAPTER – II
Services, Plans and Products
SERVICES OF THE WEBSITE / APP
This Agreement applies to all the Services made available by the Company on the Website / App (“Services”) including but not limited to the following:
Maintenance of Account: Facility to create and maintain an Account to monitor and manage information relating to diabetes of the End-User and its treatment. Such Accounts will be used for, inter alia, uploading, collecting, tracking and analysing health information such as blood sugar levels, diagnostic test results, prescriptions, food charts and daily activities.
Use of Partnered Laboratories: Facility to use services on the website / app of laboratories that have partnered with the Company (“Partnered Laboratory(ies)”) such as, direct booking of appointments for diagnostic tests, home sample collection, direct uploading of test results on the Account, payment for the tests conducted by the Partnered Laboratory and other services provided by the Partnered Laboratory.
Use of Partnered Pharmacies: The Website / App will list pharmacies (“Partnered Pharmacy(ies)”) in order to enable the End-User to review the pharmacies in their respective locality and purchase the medicines that have been prescribed to them.
Use / subscription of Plans: The Website / App will list certain subscription plans aimed at diabetes management, which shall include elements such as specialist health coach consultations, doctor consultations, select medicines or any combinations of the above (the “Plans”). The Website / App will also list certain health insurance plans along with added features and benefits for its Users (the “Plan-Ins”). The Users shall have an option to subscribe to any Plan or Plan-Ins of its choosing subject to the specific terms and conditions applicable thereon (specified below).
Sharing of information with individual doctors and / or hospitals listed on the Website / App: Sharing information of an End-User's User Information with any individual doctors and / or hospital(s) listed on the Website / App and selected by the End-User giving the End-User's individual doctor and / or hospital direct access to her / his User Information. In the event that the End-User changes her / his doctor and / or hospital, the new doctor and / or hospital if listed on the Website / App and chosen by the End User will be authorized to access the User Information.
Uploading by Doctors / Hospitals: Doctors and / or hospital(s) listed on the Website / App can upload information related to the End-User including but not limited to prescriptions, electrocardiogram(ECG) tests, echocardiogram tests, ultrasound tests, health charts and other medical reports.
Health Tips: Based on the medical and health information that the End-User has provided in his / her Account which includes inter-alia food intake and consequent calorie count, sedentary and non-sedentary activity log, and blood sugar levels updated on the Account based on which an algorithm of the software of the Website / App will generate automated reminders, tips and suggestions to the End-User including for maintaining a healthy check on blood sugar levels (“Health Tips”).
Use of Website/App as a Tele-Medicine Platform: The Website/App allows select Health Care Professionals (“HCP’s”) to consult and render medical advisory to the End-User at the request of the End-User or upon initiation of a process by the concerned HCPs.
The Services may change from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the End-Users.
FEATURES OF PLANS AND PLAN-INS
A User of the Website / App of the Company shall have an option (but no compulsion) to purchase / subscribe to the Plans/ Plan Ins offered by the Company. The Plan Ins offered by the Company include the issuance of an insurance policy to the User along with other benefits. The benefits and coverage shall vary depending on the Plan Ins purchased by the User:
Features included in Plan*-Ins
Insurance (provided# by Care Health / Religare Health)
Monthly Nutritional Therapy Support
Glucometer Kit (external users only)
Unlimited* Free Blood Glucose Test Strips
Medicines at flat 20% Discount
Unlimited* Access to Specialist Doctor (Endocrinologist, Cardiologist, etc.)
Lab tests at up to 75% off
Physical exams at up to 38% off (ECG, Ultrasound, etc.)
Health concierge service
* For the personal consumption of the subscribed User
#The Company is a group policy holder with Care Health Insurance Limited (previously known as Religare Health Insurance Company Limited). All claims under the plans of the Company are serviced by Care Health Insurance Limited
Health Arx Technologies Private Limited is the master policyholder with Care Health Insurance Limited, and existing customer of Health Arx Technologies Private Limited are only eligible for enrolment under this scheme. This is only summary of selective feature of Health Insurance scheme for existing customers of Health Arx Technologies Private Limited under product Group Care. Insurance underwriting, servicing of the policy and adjudication of claims is sole responsibility of Care Health Insurance. For detailed terms and conditions of the scheme customers/enrolled members can approach nearest branch of Health Arx Technologies Private Limited. For more details on risk factors, terms and conditions please read scheme document carefully before enrolment under the scheme.
Claim Procedure: For Reimbursement - Information & documents need to be submitted by Insured member to Care Health Insurance within 15 days of discharge from the hospital/completion of treatment.
Insurance is a subject matter of solicitation. CIN: U66000DL2007PLC161503 UIN: IRDA/NL-HLT/RHI/P-H/V.I/254/13-14
Group Care is a trademark of Care Health Insurance Company Limited.
For any query regarding policy servicing, claims and complaints, enrolled members should directly contact Care Health Insurance Company Limited at Correspondence Office: Unit No. 604 - 607, 6th Floor, Tower C, Unitech Cyber Park, Sector-39, Gurugram -122001 (Haryana)
Call us: 1800-102-4488 / 1800-102-6655 IRDA Registration Number - 148.
The Plan-Ins shall be available to the Users after the User creates a registered Account with the Company (over the Website / App). Thereafter, the User shall be requested to share further information (such as government issued identification card, address proof, health information etc.) which shall be shared by the Company with the insurance provider. The insurance provider (with or without the intervention of the Company) shall have a right to authenticate the details shared by the User. After authentication is completed successfully, the insurance company shall issue an insurance policy to the User. Such authentication will be done by the insurance provider within one (1) working day from the User sharing all relevant information.
In relation to Plans and Plan-Ins, it is the responsibility of the User to share complete, accurate and correct information with the Company (or its third party service providers) at all times. In case of any change to any information of the User, the User will inform and keep the Company (and its third party service providers) informed of such changes or updates. A failure in providing or updating relevant information may lead to cancellation of the Services (including Plans, Plan-Ins or insurance coverage) without any liability or cost upon the Company (or its third party service providers).
In relation to Plan-Ins, it shall be the sole discretion of the insurance provider to issue or deny the insurance policy to the User. Such decision of the insurance provider shall be subject to its terms and conditions, to the complete exclusion of the Company.
Once an insurance policy is issued / approved by the insurance provider, and the same is also intimated to the Company, the Company shall issue the other benefits to the User (as applicable to the Plan Ins purchased by the User). In case the policy is denied by the insurance provider, the User shall have an option either to receive a refund from the Company of the full amount paid by the User to the Company towards purchase of the Plan or to subscribe to any of the Plans of the Company. In case the User subscribes to alternate Plans, the Company will refund the difference in price to the User.
Once an insurance policy is issued / approved by the insurance provider, the insurance coverage and benefits thereunder shall be strictly as per the terms of the insurance policy issued by the insurance provider to the User. The insurance provider will issue a separate welcome kit and other policy documents to the User for his / her information, benefit and records.
It is clarified that in cases where the User has availed the benefit of products / services (such as Glucometer, strips, doctor consultation, etc.) that are offered by the Company along with the Plan or Plan-Ins subscribed / purchased by the User and subsequently cancels the Plan prior to its expiry (but after using the said products / services), then the User shall be liable to pay to the Company and the Company shall be entitled to recover from the User, the price for the said products / services as per the rates specified on the Website / App for such products / services. The aforesaid recovery can be made by the Company by doing adjustment / deduction from any amount (including the refund) due by the Company to the User.
Features of Subscription Plans/ Plan-Ins:Plan and Plan Ins shall be offered on subscription basis by the Company and can be customized based on the requirements of the User. The User may choose the following categories:
5 Lacs sum insured hospitalization cover By Care Health Insurance
Glucometer + Strip (available only for user without a BeatO device)
Curv Glucometer with strips/ lancets with numbers of strips/ lancets varying based on the Plan/ Plan-Ins
plan over mail after detailed consultation
Depending on the Plan/ Plan-Ins, replenish strip free of cost for subscription duration based on usage
Medicine + Lab + PE
Get 20% discount on
all your medicine orders
Depending on the Plan/ Plan-Ins, Unlimited Consultation with any specialist for free
Pricing & Description of the Plans/ Plan-Ins: The User may find the pricing, details and other descriptions of the Plans/ Plan-Ins on the Website / App or as may be separately communicated by the Telesales team of the Company. It is clarified that the Company shall have the sole right and discretion to amend / vary the pricing or other description of its Plans/ Plan-Ins. The new pricing or benefits shall become applicable from the date of updation as notified by the Company on the Website / App from time to time. It is however clarified that such change shall not affect the Plans/ Plan-Ins which have already been purchased by the User. In which case, any renewal by the User shall be done as per the changed pricing and description. In case of reduction in prices, the User shall not have any right to claim any refund (full or partial or proportionate) of the reduced price of the Plan/ Plan-Ins purchased by him / her.
Upgrading / Downgrading from a Plan: In case a User has already purchased a Plan/Pan-Ins but wishes to:
downgrade to another Plan/ Plan-Ins: then the benefits available to the User under his / her current Plan shall remain valid till the expiry of such Plan/ Plan-Ins. However, upon expiry of the current Plan, the User’s benefits will be renewed as per the lower / downgraded Plan/ Plan-Ins;
upgrade to another Plan: then such higher / upgraded Plan/ Plan-Ins shall be issued to the User (after authentication) in one (1) working day. Such Plan/ Plan-Ins shall be deemed to be a fresh purchase and subscription by the User of the Plan/ Plan-Ins of the Company (without any pending benefits being rolled-over from the previous lower Plan/ Plan-Ins). Therefore, in this case, the benefits available to the User under his / her current plan shall expire immediately upon the issuance of the new higher / upgraded Plan/ Plan-Ins.
Renewal of a Plan:
The User shall have a right to opt for the auto-renew option with respect to the Plans/ Plan-Ins of the Company; in which case, the User will be required to share his debit card / credit card information with the third party service provider (i.e. payments processor / gateway). In cases where the User has availed the auto-renew option and provided his debit card / credit card details, the third party servicing the payments processer/ gateway on the Website / App will automatically charge the card of the User for the renewal subscription seven (7) days before the expiry of the current active Plan/ Plan-Ins. It is clarified that the auto-charge / auto-debit will be for the Plan/ Plan-Ins which is same or similar to the current Plan/ Plan-Ins purchased / subscribed by the User.
All Plans/ Plan-Ins shall become due for renewal immediately upon the expiry of their term.
In case a User is a subscriber of an annual Plan/ Plan-Ins and is renewing to another annual Plan/ Plan-Ins of the Company, then the Company shall allow to the User a grace period of thirty (30) days to renew his / her Plan/ Plan-Ins. In case of any other renewal, the Company will allow to the User a grace period of seven (7) days to renew his / her Plan/ Plan-Ins.
It is clarified that in case a renewal is made active during the grace period allowed by the Company, then the renewal shall be deemed to be a continuation of a Plan/ Plan-Ins. However, the User shall not be allowed / granted any insurance benefits / claims during such grace period.
Example: For renewal of an annual Plan expiring on 31st January, the benefits will expire automatically with effect from 1st February. The Company will allow a grace period of 30 days i.e. till 2nd March. In case the renewal request is raised by the User on 20th February and renewal is effective from 21st February, the User cannot claim insurance benefits for the period between 1st February and 20th February.
Discontinuance from Plans/ Plan-Ins: In case a User wants to completely discontinue from a Plan/ Plan-Ins altogether, the User may raise such request with the Company. In case of a discontinuation request for a Plan (ie plan without insurance component), the Company may, at its sole discretion, entertain bona fide cancellation requests made within 30 days of activation of a Plan. In such cases, where cancellation is accepted by the Company, amounts paid by the User (net of any deductions (a) as per Clause 8(7) above and (b) for the pro-rata period for which Plan services have been used by the User) shall be refunded within 15 (fifteen) days of the cancellation request being processed by the Company. No refund for Plans shall be payable by the Company in relation to cancellation requests made by the User beyond 30 (thirty) days of activation. In case of a discontinuation request for a Plan-Ins, the Company will not be liable to make any refunds to the User whatsoever [except where the Company (prior to receiving discontinuation request from the User in accordance with the procedure mentioned below) has already charged / deducted the subscription amount for the next renewal pursuant to auto-renewal feature opted by the User].
Request for cancellation of Plan/ Plan-Ins will be effective as under:
In case the User had purchased / subscribed to an annual plan/ Plan-Ins, the Company will discontinue the said Plan along with all benefits with effect from the last date of the current month, provided the User had requested for cancellation at least five (5) days before the last day of the month. In case such request was made by the User within the last five (5) days of a month, the Plan will continue for the following month and the cancellation of such Plan/ Plan-Ins will be effective from the end of the following calendar month.
In case the User had purchased / subscribed to a monthly plan, the Company will discontinue the said Plan/ Plan-Ins along with all benefits with effect from the last date of the current month, provided the User had requested for cancellation at least five (5) before the last day of the month. In case such request was made by the User within the last five (5) days of a month, the Plan/ Plan-Ins will continue for the following month and the User will be liable to make payment for the renewal of the Plan/ Plan-Ins for the following month; thereafter, the cancellation of such Plan will be effective from the end of the following calendar month.
Cancellation and Refunds of Plans/ Plan-Ins:
In case of Plan-Ins, the insurance policy issued by the insurance provider shall have a free look period in compliance with applicable law. Accordingly, the User shall have a period of 15 days to seek a cancellation of the policy from the insurance provider. In this case, the insurance provider shall refund the full premium to the Company if no claims were raised by the User. After receiving a confirmation from the insurance provider of the cancellation of the annual insurance policy, the Company will also cancel the Plan-Ins and issue the refund as specified below:
Cancellation date from Cover Start Date
Policy Tenure - 1 year
Up to 1 month
1 month to 3 months
3 months to 6 months
6 months to 12 months
* It is clarified that the above refunds are applicable for plans with or without insurance policy for a term of one (1) year. Any monthly and quarterly plans with or without insurance will not be refunded.
It is clarified that the User can opt to cancel the Plan / Plan-Ins subscribed/ purchased by him in terms of clauses 8.12(a) and 8.12(b) above, respectively. In this case, the Plan/ Plan-Ins along with all its benefits and coverage will end with effect from the date of expiry of the Plan/ Plan-Ins as per clauses 8.12(a) and 8.12(b) above. Except as provided in clause 8.12, the User will not be eligible to receive any refunds from the Company.
All applicable refunds (in cases other than those mentioned in clause 8.13(b)) with respect to the Plans/ Plan-Ins will be transferred to the User within fifteen (15) days of confirmation of such cancellation.
It is clarified that the Plan/ Plan-Ins along with all benefits provided thereunder shall be for the sole and personal benefit of the subscribing-User. It shall be the responsibility of the User to ensure that no other person(s) are made to avail the benefits of a Plan/ Plan-Ins whether related to insurance or other benefits of the Company. Any assignment or passing over of the benefits of a Plan/ Plan-Ins by a User shall allow the Company to cancel said Plan, at no cost or liability to the Company.
GENERAL BEATO PRODUCTS RETURNS POLICY
The following general returns policy is applicable to all items sold on the Website / App. In general, an item may be eligible for return within the applicable return window if it fulfils one or more of the following conditions:
It was delivered in a physically damaged condition; or
It has missing parts or accessories; or
It is different from what was ordered; or
It is different from its description on the product detail page on www.beatoapp.com; or
When goods delivered are expired at the time of delivery.
Products marked as "non-returnable" on the product detail page cannot be returned. Please ensure you view the identification of non-returnable items on the product page for ease of understanding. Please note that the Company is not obliged to accept return with respect to products which are damaged, tampered, unsealed or used by the End-Users. Additional details with respect to return are given below:
Return Window and Exceptions
14 Days from receipt; Replacement / Refund
Non-returnable (except if delivered post expiry date)
Food & Beverages
07 Days from receipt Replacement / Refund (Returnable if you’ve received the product in a condition that is damaged, defective or different from its description on the product detail page on www.beatoapp.com)
If the return request is made within 15 days from the date of purchase and the medicines are not damaged, unsealed or used by the End-Users.
All items must be returned in their original condition, with price tags intact, user manual, warranty cards, original accessories and in the original manufacturer’s box / packaging as delivered to you. The Company may reject the return pickup if the items are not returned according to guidelines provided above.
PRODUCT REFUND POLICY
The following refund policy shall be applicable to all products sold through the Website/ App:
Subject to inspection and exercise of sole discretion by the Company, the products which are not damaged, unsealed, tampered or used by the End-Users are eligible for 100% Refund in the event of one or more of the following cases:
a defective product is received; or
the product is lost in transit; or
the product is past its expiry date; or
the order is cancelled before shipment.
The refund shall be initiated within 10-12 working days from the date of acceptance of the refund requests.
For any refund requests with respect to products sold directly by the Company on the Website / App, the Company may be reached at email@example.com or you may contact us at +917863023286.
PRODUCT CANCELLATION POLICY
Any cancellation request by any End-Users shall be governed by the terms contained below:
Stage or order / shipment when cancellation request is made
Amount of Refund upon acceptance of cancellation request
After acceptance of order & before shipment of order
100% of total order amount shall be refunded
After shipment of order & before delivery of order
90% of total order amount shall be refunded after deducting 10% towards logistics and shipment costs
After delivery of the order
Cancellation of the order not possible. End-User may request for return of the product.
It is clarified that the products and services of third parties listed on the Website / App (“Third party products and services”) does not form part of the products of the Company. Therefore, requests for refund; return or cancellation with respect to such Third party products and services shall lie directly with such third parties and not with the Company.
With respect to Third party products and services, the Company is only an intermediary connecting the End-User with the registered doctors / hospitals, Partnered Pharmacies and Partnered Laboratories and therefore not liable to entertain refund, cancel or return request for such products and services.
CHAPTER – III
User Account, Content and Privacy
Your Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Account.
The Company will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your account, you shall immediately notify the Company.
It is your responsibility to keep your email address up-to-date on your account setup at so that the Company can communicate with you electronically.
By creating the Account, you agree to receive communications from the Company via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify the Company by email.
In connection with your use of the Services, you will be required to create and register an Account by completion of a registration form. You represent and warrant that all User Information uploaded or supplied by you in relation to your Account or any information you provide otherwise in connection with your use of the Services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
In case you wish to subscribe to the Plans offered by the Company, you will be required to use your registered Account to share further information for authentication. After receiving your information, the same will be shared with third parties (including insurance providers) who will carry out their independent authentication of the information shared by you. During such process of authentication, the representatives of the third parties shall be free to contact you via phone or email.
You are responsible to share correct and accurate information with the Company for registration and maintenance of the User’s Account. You will also be responsible to inform the Company of any change to the any user information. A failure in doing so may lead to the Company (or third parties) being unable to provide it Services (including insurance benefits under the Plans) to you, in which case the Company shall not be liable or responsible for any loss, harm or injury.
You are responsible for maintaining the confidentiality of your Account access information and username and password, if you are registered on the Website / App. You shall be responsible for all usage of your account and password, whether or not authorized by you. You shall immediately notify the Company of any actual or suspected unauthorized use of your account or password. The Company will not be liable for your losses, damage or injury caused by any unauthorized use of your account, however, you may be liable for the losses of the Company or others due to such unauthorized use.
The Company shall not be responsible in any manner for the authenticity of the User Information (personal information or sensitive personal data or information) supplied by you to the Company or to any other person acting on behalf of the Company or to any of the partnered service providers of the Company.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.
It is your responsibility to keep your correct mobile number and email ID updated in the Account. All relevant information and records will be sent to the mobile number and / or email ID associated with the Account. Every time you change any contact information (mobile or email), the Company will send a confirmation of this update. The Company is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Account.
If you logout of your Account, the Company will retain all your User Information especially to the extent that this data is anonymously stored for purposes of evaluating aggregated non-personally identifiable data for improving inter alia market research and efficiency of services.
USE OF INFORMATION
The Company may use such information collected from the End-User from time to time for the purposes of debugging and customer support related issues.
It is clarified that in case the user subscribes to any Plans of the Company, the Company will share the information of the User with third parties (including insurance providers etc.). The User confirms that he / she does not have any objection to the same.
TERMS APPLICABLE TO END-USER'S ACCOUNT
Your Account is only created after you have signed up and explicitly accepted this Agreement.
Information available in your Account is of the following types:
End User-created: Information generated and uploaded by you, including but not limited to health and medical information such as blood sugar levels, diagnostic test results (conducted by laboratories which are not Partnered Laboratories), food charts, daily activities, prescribed medication schedule etc.
Doctor / hospital-created: Information generated by your interaction with a doctor who is registered with the Website / App including but not limited to prescriptions, electrocardiogram(ECG) tests, echocardiogram tests, ultrasound tests and health charts.
Partnered Laboratory-created: Results of the diagnostic test results conducted by the Partnered Laboratories for the End-User uploaded through the Website / App.
Any doctor / hospital or Partnered Laboratory or Partnered Pharmacy created information is provided on an ‘as-is’ basis and the Company does not validate the said information and makes no representation in connection therewith. The End-User should contact the relevant doctor / hospital / Partnered Laboratory and / or Partnered Pharmacy directly in case she / he wishes to point out any discrepancies or add, delete, or modify the information created by them in any manner.
The Account is provided on a ‘best-efforts as-is basis’. While the Company strives to maintain the highest levels of service availability, the Company is not liable for any interruption that may be caused to your access of the Services.
The Company uses industry level security and encryption to your Account. However, the Company cannot guarantee prevention of unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual or suspected breach of account to the Company at firstname.lastname@example.org (C/o Customer Relationship Manager).
WEBSITE / APPCONTENT
All content and other materials available through the Website / App and Services belong to the Company. The Company authorizes the End-User to view and access the content available on or from the Website / App solely for visiting, ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website / App including but not limited to the, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website / App (collectively, the Company Content), are the property of the Company and are protected under copyright, trademark and other applicable laws. End-User shall not modify, copy or duplicate the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any public or commercial purpose or for personal gain.
Copying of the copyrighted content published by the Company on the Website / App for any commercial purpose or for the purpose of earning profit will be a violation of copyright and the Company reserves its rights under applicable law accordingly.
The information in a non-personally identifiable aggregated form directly or indirectly collected from the End-User belongs to the Company.
USER GENERATED CONTENT
The role of the Company in publishing any End-User generated content is that of an intermediary under the Information Technology Act, 2000. The Company disclaims all responsibility with respect to the content of the End-User generated content, and its role with respect to such content is restricted to its obligations as an intermediary under the said Act.
As mandated by Regulation 3(2) of the Information Technology (Intermediary Guidelines) Rules 2011, the Company hereby informs End-User that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which the End-User does not have any right to;
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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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.
In addition to the above, End-User are also prohibited from:
violating or attempting to violate the integrity or security of the Website / App or any of the Company Content;
intentionally submitting on the Website / App any incomplete, false or inaccurate information;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website / App;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website / App;
copying or duplicating in any manner any of the Company Content or other information available from the Website / App; and
framing or hot linking or deep linking any the Company Content.
The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such prohibited information (as mentioned above) generated by End-User, or on being notified by the appropriate Government or its agency that the Website / App is being used by the End-User to commit any unlawful act and / or is being used in violation of Paragraphs 14.2. above, shall be entitled to remove or disable access to the material or information that is in contravention of this Paragraph. The Company is entitled to act, as required by the Information Technology (Intermediary Guidelines) Rules 2011, within 36 (thirty six) hours of obtaining such knowledge and, where applicable, work with End-Users to disable such information that is in contravention of applicable law. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or the Agreement by an End-User, the Company has the right to immediately terminate the access or usage rights of the End-User to the Website / App and Services and to remove non-compliant information from the Website / App.
The Company may disclose or transfer End-User-generated content 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 End-User-generated content, should it be found to be illegal by a competent governmental authority.
the type of information collected, including sensitive personal data or information as defined in the SPDI Rules;
the Information Technology Act, 2000, and
how and to whom the Company will disclose such information; and,
other information mandated by the SPDI Rules.
the fact that certain information is being collected by the Company;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the various rights available to you in respect of such information.
The term personal information or sensitive personal data or information will have the meaning as assigned to them in the SPDI Rules.
CHAPTER – IV
Third Party Relationships
THIRD PARTY SOFTWARE UPDATE
Our Website / App runs on specific versions of third party operating systems and browser software for your computer or Smart Device (Platform Software). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Website / App. If you update Platform Software prior to our making available an appropriate update to the Website / App, it is possible that you may no longer be able to use the Website / App, or the Website / App may not properly function.
THIRD PARTY WEBSITES
The Website / App may be linked to the website of third parties, affiliates and business partners. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, the Company does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites. In the event if any contents of such third-party websites, infringes any intellectual property of any person, such third party shall alone be liable and the Company does not assume any responsibility for the same. The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury or other harm, whether to you or to third parties, resulting from your use of third-party websites. You may use the links and these services at your own risk.
INTERMEDIARY APPLICATION AND THIRD PARTY SERVICES
The Website / App is merely a platform acting as an intermediary that provides services to parties including the End-User in association with the doctors / hospitals, Partnered Pharmacies and the Partnered Laboratories. The End-Users understand and agree that any interactions and associated issues with other End-Users and / or the Partnered Laboratories and / or the Partnered Pharmacies and / or registered doctors / Hospitals including but not limited to health and medical issues is strictly between you and the other part(ies). You shall not hold the Company responsible for any such interactions and associated issues. For avoidance of doubt, please note that the Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome of the interactions between the End-User, the hospital / doctor, Partnered Pharmacies and the Partnered Laboratory.
THIRD PARTY SERVICES
Certain features, aspects, products and services offered through the Services are provided, in whole or in part, by third parties, affiliates and business partners (Third-Party Services as provided by Third-Party Service Providers), including but not limited the service of Partnered Laboratories, Partnered Pharmacies and hospitals / doctors listed on the Website / App. In order to use Third-Party Services, you may be required to enter into additional terms and conditions with Third-Party Service Providers. If you do not understand or do not agree to be bound by those additional terms and conditions, you may not use the related Third-Party Services. In the event of any inconsistency between terms and conditions relating to Third-Party Services and the terms and conditions of this Agreement, those additional terms and conditions will control, although only with respect to such Third-Party Services. In the event that you choose to avail any such Third-Party Services, you will be absolutely and solely responsible for your interactions with such Third-Party Service Providers and the Company shall not be liable for any shortcomings or deficiency of service by such Third-Party Service Providers. If you select and allow a particular Third-Party Service Provider to access your User Information, the Company has no further control or responsibility regarding the information so shared. The Company hereby disclaims all responsibility and liability for any of your information collected directly or used by Third-Party Service Provider. The Company further disclaims all responsibility and liability for any content provided by the Third-Party Service Provider to you through the Website / App or in any other manner. For avoidance of doubt, the Company does not make any representation or warranty about the content, accuracy, validity, reliability, quality of any Third-Party Services.
Provided that nothing in these Terms will be construed as enhancing the scope of the Services, the liabilities or the obligations of the Company.
RELATIONSHIP WITH RESPECT TO SPECIFIC THIRD-PARTY SERVICES
Relationship between End-User and the doctor / hospital listed on the Website / App:If you decide to engage with a doctor / hospital listed on the Website / App through the use of the Website / App, you do so at your own risk. The results of any search performed on the Website / App for doctor / hospital listed on the Website / App or the use of the services of any doctor / hospital listed on the Website / App should not be construed as an endorsement by the Company of any such particular doctor / hospital listed on the Website / App. You have an existing doctor-patient relationship with any doctor, with whom you have chosen to share the User Information in your Account with and the Website / App is in no way involved in this doctor-patient relationship. The doctor chosen by you is either from amongst the hospitals listed on the Website / App or, from amongst the individual doctors listed on the Website / App. The Company shall not be responsible for any breach of service or service deficiency by any doctor / hospital. The Company neither assures nor guarantees the ability or intent of the doctor / hospital to fulfil their obligations towards the End-User. Without prejudice to the generality of the above, the Company will not be liable for:
any wrong medication or treatment quality being given by the doctor listed on the Website / App, or any medical negligence on part of the doctor / hospital listed on the Website / App even though such information may be stored on the Website / App;
any wrong, incorrect or inaccurate medical advice or diagnosis given by the doctor / hospital listed on the Website / App even though such information is stored on the Website / App;
any type of inconvenience, loss, injury or damage suffered by the End-User due to a failure on the part of the doctor / hospital listed on the Website / App to provide agreed services or to make herself / himself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
any misconduct, negligence or inappropriate behaviour by the doctor / hospital listed on the Website / App or the staff of the doctor / hospital listed on the Website / App;
cancellation or rescheduling of booked appointment or any variance in the fees charged; and;
any medical eventualities that might occur subsequent to using the services of a doctor / hospital listed on the Website / App.
Relationships between the End-User and the Partnered Laboratory:If the End-User decides to use the services of a Partnered Laboratory through the use of the Website / App, the End-User does so at his / her own risk. You understand that services provided by the Partnered Laboratories shall be construed as Third-Party Services. The results of any search performed on the Website / App for laboratories should not be construed as an endorsement by the Company of any such particular Partnered Laboratory. The Company shall not be responsible for any breach of service or service deficiency by any Partnered Laboratory. The Company neither assures nor guarantees the ability or intent of the Partnered Laboratory to fulfil their obligations towards the End-User. Without prejudice to the generality of the above, the Company will not be liable for:
inaccurate or incorrect results of the diagnostic tests undertaken by the End-User at the Partnered Laboratory even though such information may be stored on the Website / App and / or failure to conduct the relevant diagnostic tests;
failure to upload and make available the test results at the scheduled time;
any type of inconvenience, loss, injury or damage suffered by the End-User due to a failure on the part of the Partnered Laboratory to provide agreed services at the appointed time, to be available for home sample collection, to provide appropriate services, or any similar difficulties provide agreed services, to be available for home sample collection;
any misconduct, negligence or inappropriate behaviour by the staff of the Partnered Laboratory;
any mismanagement / fraud / theft or other issues relating to payment for the services provided by the Partnered Laboratories;
cancellation or rescheduling of booked appointment or any variance in the fees charged by the Partnered Laboratories; and
any medical eventualities that might occur subsequent to using the services of a Partnered Laboratory, including but not limited to any medical negligence by the staff of the Partnered Laboratory and infections or other ailments contracted as a result of the use of the Partnered Laboratory.
Relationships between the End-User and the Partnered Pharmacy: If the End-User decides to use the services of a Partnered Pharmacy through the use of the Website / App, the End-User does so at his / her own risk. You understand that services provided by the Partnered Pharmacies shall be construed as Third-Party Services. The results of any search performed on the Website / App for pharmacies should not be construed as an endorsement by the Company of any such particular Partnered Pharmacy. The Company shall not be responsible for any breach of service or service deficiency by any Partnered Pharmacy. The Company neither assures nor guarantees the ability or intent of the Partnered Pharmacy to fulfil their obligations towards the End-User. Without prejudice to the generality of the above, the Company will not be liable for:
any type of inconvenience, loss, injury or damage suffered by the End-User due to failure of the Partnered Pharmacy to provide the correct medicine or any medicine as ordered by the End-User;
any type of inconvenience, loss, injury or damage suffered by the End-User due to failure of the Partnered Pharmacy to provide / deliver the required medicines within a reasonable time;
any mismanagement, fraud, theft, inconvenience, loss, injury, damage or other issues related to payment for the required medicines;
any medical eventualities that might occur subsequent to using the services of the Partnered Pharmacies.
LISTING OF DOCTORS / HOSPITAL, PARTNERED PHARMACIES AND PARTNERED LABORATORIES
The listing of doctors / hospitals, Partnered Pharmacies and Partnered Laboratories on the Website / App is a fully automated system that lists the doctors / hospitals / Partnered Pharmacies / Partnered Laboratories. These listings of doctors / hospitals, Partnered Pharmacies or Partnered Laboratories do not represent any ranking or endorsement by the Company. The Company in no event will be held responsible for the accuracy and the relevancy of the listing order of the doctors / hospitals, Partnered Pharmacies and Partnered Laboratories on the Website / App.
Relationships between the End-User and the insurance provider:If the End-User decides to subscribe to the Company’s Plan and avail an insurance through an insurance provider through the Website / App, the End-User shall do so at his / her own risk. You understand that services provided by such insurance provider shall be construed as Third-Party Services. You will be bound by the terms of the insurance policy and coverage availed by you under the policy document and terms agreed directly between you and the insurance provider. The Company shall not be responsible for any breach of service or service deficiency by any insurance provider. Any search or hosting of insurance provider / policy on the Website / App of the Company does not mean an endorsement by the Company of such insurance provider or the suitability of its insurance policies for the User. The Company neither assures nor guarantees the ability or intent of the insurance provider to fulfil their obligations towards the End-User. Without prejudice to the generality of the above, it is clarified that the Company’s role with respect to your relationship with the insurance provider shall be limited to the Company being an intermediary which obtains your information under a Plan, and shares the same with the insurance provider. The insurance provider will authenticate your information and it will be the sole discretion of the insurance provider to issue or deny insurance coverage to you. Therefore, without prejudice to the above, the Company will not be liable for:
inaccurate or incorrect information being shared by the User at the time of subscription with the Plans/ Plan-Ins of the Company, or at the time of authentication with the Company or the third party insurance provider;
failure to update such information with the Company or the third party insurance provider;
any type of inconvenience, loss, injury or damage suffered by the End-User due to a failure on the part of the insurance provider to provide agreed services at the appointed time;
any misconduct, negligence or inappropriate behaviour by the staff of the insurance provider.
E-Consultation with the Physician: By downloading, registering and accepting the terms and conditions, the End User can book appointment with a registered medical practitioner (“Physician”) and discuss their health-related issues, opinion on the diagnostic reports, obtain e-prescription for their medical needs and avail other healthcare services. E-consultation can be provided by teleconsultation, video conferencing or otherwise in other media that the Company may at its sole discretion provide the options to the End User based on the availability of the Physicians. Please note that E-consultation services are provided at the express consent by the End User and the same shall not be construed as a replacement for physical consultation. The End User is warned not to use E-consultation Services in times of emergency and any medical services that require further diagnostics and physical inspection.
Booking an Appointment: Before booking a consultation, the End User shall ensure that the language in which the End User prefers the consultation is available in the e-consultation services. The End User may choose a Physician of his/her choice from the list of Physicians registered on the App / Website. The Company does not endorse or refer any doctor / Physician for e-consultation. During the process the End User has the choice to either proceed with the e-consultation or withdraw from the e-consultation services. Acceptance of these terms and conditions and booking an appointment by the End User, entitles the Company to unconditionally store and share all the information of the End User with the Physician and store such information and/or conversation of the End User with the Company or the Physician. All the information stored by the Company will be secured and maintained in compliance with the laws applicable in India.
Consent to participate in e-consultation: The End User hereby consents to, agree to and understand the following with regards to usage of the App / Website to participate in a telemedicine / video e-consultation services.
E-Consultation services not a substitute for physical consultation: The End User agrees that e-consultation is not a substitute for physical consultation and the e-consultation services are meant for general consultation only. If after the e-consultation, the Physician recommends any diagnostic tests to be undertaken or issues a prescription, the same are provided based on the information and preliminary examination by the Physician, hence the same shall not be treated as accurate, final and conclusive. The Physician reserves their rights to modify the prescription or recommended diagnostic tests if the End User provides any additional information in future consultation. While rendering e-consultation, the Physician will require to know the age, sex, previous and existing health conditions, symptoms, past medical history, physical examination (if directed by the Physician) etc. All the information with respect to the End User history, consultation records, medical record and prescriptions issued by the Physician will be saved with the Company and the same may be used for rendering services under these terms and conditions as may be required by the End User for time to time. The e-consultation services offered by the Company are intended for direct use of the End User or their family members, but the same cannot be used for rendering services to third parties. The Company acts as an intermediary to provide technology and applications to connect the End User and the Physician on one platform and does not endorse, recommend or authorize the action of any Physician. Any claims or liabilities arising from the use of the e-consultation services between the End User and the Physician shall be resolved directly by the End User and the Physician. The Company disclaims all liabilities arising from use of the e-consultation services by the End User and the maximum liability of the Company to the End User shall be limited to the service fees paid by the End User to the Company.
Re-scheduling: Cancellation and Refund Policy for E-Consultation: In any event if the End User is unable to avail the e-consultation services from the Physician or if the End User wishes to cancel the appointment, the End User shall be entitled to do so by choosing the respective option in the App/Website. If the End User does not avail the e-consultation services or cancels the e-consultation, the services fees (as defined hereunder) will be refunded to the End User as per the Company’s refund policy (as applicable from time to time) in the same manner of payment in which the End User has paid the service fees. However, if the End User refuses to take the call when the Physician call the End User or cancels the appointment one hour before the scheduled time, the End User will not be entitled for any refund. Any issue with regard to payments made, refunds claimed or otherwise error in the transactions shall be reported to the Grievance Officer (in the manner defined in these terms and conditions.
Service Fee: The End User shall make the necessary payments using the various payment options as per the fees applicable and charged by the respective Physician as mentioned on the App / Website. Upon receipt of the payment from the End User, the Company will schedule the appointment with a qualified Physician and send a confirmation by app notification, SMS or email.
Disclaimer: The End User understands and agrees that the Company is providing a technology service as an intermediary and that all e-consultation services with regard to any health issues, consultation, validation, etc. are provided to the End User directly by the registered medical practitioner / Physician and that at no point in time the Company shall be held responsible for the same. Further, notwithstanding anything contained herein, the Company shall not be liable for:
NO DOCTOR PATIENT RELATIONSHIP; SERVICES NOT FOR EMERGENCY USE
The Company provides the Services for informational purposes only. Your use of the Services is only to aid you to monitor your lifestyle choices including your food habits, your routine daily activities, your blood glucose, your prescriptions and your diagnostic test results to facilitate you in managing your Diabetes. The Services do not contain or constitute, and should in any manner not be interpreted as, diagnosis, treatment, or medical advice or opinion. The Company does not provide diagnosis, treatment or medical services or render medical advice. The Services provided through Website / App are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition including but not limited to diabetes. If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and the Company.
The Services are not intended to be a substitute for emergency healthcare or the advice of a medical professional. If you are an End-User facing a medical emergency (either on your or another person's behalf), please contact an ambulance service or hospital.
Without limiting the generality of the above, the Health Tips provided to the End-User on his / her use of the Website / App do not constitute medical advice or opinion. The Health tips algorithm is a fully automated system of tips and suggestions based on general nutritional and health information provided by you, and are not a substitute for medical advice or opinion. It is advisable that the End-User should check with a medical professional before following any of the Health Tips. Under no circumstances will the Company be responsible for any loss, damage or injury resulting from the End-User's reliance on the Health Tip. The End-User is solely responsible for relying on the Health Tips and must follow their own discretion while using the Services.
CHAPTER – V
Disclaimers & Liability
Your Responsibility For Loss Or Damage
You agree that your use of the Website / App and Services is at your sole risk. You will not hold the Company or its Third-Party Service Providers, licensors and suppliers, as applicable, responsible for any loss, damage or injury that results from your access to or use of the Services, or use of the Website / App, including and without limitation to any loss, damage or injury to any of your devices or data.
The Company assumes no responsibility, and shall not be liable for, any damages, loss or injury to, or bugs, errors, viruses or other limitations and problems that may infect End-User's equipment on account of End-User's access to, use of, or browsing the Website / App or the downloading of any material, data, text, images, video content, or audio content from the Website / App. If an End-User is dissatisfied with the Website / App, End-User's sole remedy is to discontinue using the Website / App.
You hereby acknowledge that a server failure or other event could result in the loss of all of the data related to your Account. The Company endeavours to have a backup server but is not liable in any manner for the loss of data as a result of the server failure and urges End-Users to back up the data related to their Account.
End-User agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and / or costs (including reasonable attorney fees and costs) arising from the End-User's access to or use of Services, violation of this Agreement by the End-User, or infringement of any intellectual property or other right of any person or entity by the End-User. The Company will notify the End-User promptly of any such claim, loss, liability, or demand. In addition to the User's aforementioned obligations, the User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User's expense.
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall the Company, or any of its directors, officers, employees, agents, content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, arising from, or directly or indirectly related to the use of, or the inability to use, the Website / App, or the content, materials and functions related to the Services or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed. In no event shall the Protected Entities be liable for:
provision of or failure to provide all or any service by doctors / hospitals listed on the Website / App and Partnered Laboratories and Partnered Pharmacies to End-Users contacted or managed through the Website / App;
any content posted, transmitted, exchanged or received by or on behalf of any End-User or other person on or through the Website / App;
any unauthorized access to or alteration of your transmissions or data;
any other matter relating to the Website / App or the Service; or
In no event shall the total aggregate liability of the Protected Entities to an End-User for all damages, losses, injuries and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or an End-User's use of the Website / App or the Services exceed, in the aggregate Rs.10,000 (Rupees Ten thousand).
CHAPTER – VI
Grievance Redressal, Jurisdiction and Miscellaneous
CONTACT INFORMATION GRIEVANCE OFFICER
If an End-User has any questions concerning the Company, the Website / App, this Agreement, the Services, or anything related to any of the foregoing, the Company customer support can be reached at the following email address email@example.com.
In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website / App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
A-09, FIEE, Okhla Industrial Area,
Phase II, New Delhi 110020
In the event you suffer as a result of access or usage of the Website / App by any person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules 2011, please address your grievance to the above person.
DISPUTE SETTLEMENT AND JURISDICTION
You agree that this Agreement and any contractual obligation between the Company and End-User will be governed by the laws of India.
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 Website / App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Subject to the above Paragraph 20.2, the courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website / App or the Services or the information to which it gives access.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. However, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
You acknowledge that access to the Website / App will be provided over various facilities and communication lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, “Transfer Lines”) owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond our control. we assume no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the Transfer Lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the Transfer Lines. Use of the Transfer Lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
You acknowledge that other End-Users have access to and are receiving our Services. Such other End-Users have committed to comply with this Agreement concerning use of the Services; however, the actions of such other End-Users are beyond our control. Accordingly, the Company do not assume any liability for or relating to any impairment of the privacy, security, confidentiality, integrity, availability, or restricted use of any information on the system resulting from any End-Users actions or failures to act.
The Company is not responsible for unauthorized access to your data, facilities or equipment by individuals or entities using the system or for unauthorized access to, alteration, theft, corruption, loss or destruction of your data files, programs, procedures, or information through the system, whether by accident, fraudulent means or devices, or any other means. You hereby waive any damages occasioned by lost or corrupt data, incorrect reports, or incorrect data files resulting from programming error, operator error, equipment or software malfunction, security violations, or the use of third-party software. The Company is not responsible for the content of any information transmitted or received through our provision of the Services.