Terms & conditions

Our terms of service

Explore the details of your rights and responsibilities as a user of DRCFO by reading the terms below

Updated April 20, 2023

1. INTRODUCTION

DRCFO MANAGEMENT CONSULTANTS PRIVATE LIMITED (hereinafter the “Company”, “we”, “us”, and “our” interchangeably) is a company duly incorporated in India under the provisions of the Companies Act, 2013 (as amended till date) and recognized as a startup by Department of Promotion of Industry and Internal Trade (DPIIT) bearing certificate no. DIPP61037. The company caters to the needs of patients by providing an integrated healthcare management system through its premium innovative solution under the flagship brand DRCFO . The DRCFO is a platform accessible on all internet-enabled electronic devices through software application (DRCFO ) and/or website www.drcfo.in (hereinafter “Application” which includes the website, software program, data and documentation related thereto) which provides services related to health data management and online appointments with a healthcare professional and other related services (collectively referred to as “Service(s)”) for integrated health care management for patients.

2. ENTIRE AGREEMENT

Users are advised to carefully go through these terms and conditions (“Terms of Use”), Terms & Conditions for Subscribed Users (“Subscriber Terms”) as applicable on the Healthcare professionals for a paid subscription, the Privacy Policy, and other supplementary policies and guidelines (“Other Terms”) collectively referred to as “Terms” as available on the Application before accessing the Application. These Terms together constitute a legally binding contract (“Agreement”) between you and our Company in connection with the use and/or access of Our Application. This Agreement sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to access and/or use the Application and the Service(s) available thereunder.

3. ACKNOWLEDGEMENT & ACCEPTANCE

3.1 These Terms set out Your rights and obligations regarding the download/use/access/browsing of the Application. The Terms must be read by You completely and well understood before agreeing to the said Terms which govern any or all relationship between You and the Company.
3.2 You understand and agree that these Terms shall be legally binding on You and agree that the Application along with the Service(s) offered by Us can be accessed only in accordance with these Terms, and You are obliged to comply with the Terms at all times. You are responsible to be aware of and agreeing to abide by the Terms as published and periodically modified by Us. We urge You to access, review and familiarize Yourself with these Terms periodically, for your continued use of Our Application. However, if You navigate away from the Application to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that third party website shall govern Your use of that website.
3.3 We reserve our rights to update, change, edit, alter, amend, revise or substitute (collectively “Modifications”) the “Terms” from time to time. Any modifications made will be effective immediately upon them being made available on the Application and the date of the last modification will be notified on top of the page. You are advised to review these Terms periodically for any modifications. Your continued use of the Application consequent to any modifications shall be deemed acceptance of such modified terms and conditions.
3.4 You acknowledge that You will be bound by this Agreement for availing Service(s) through the Application offered by Us. If you do not agree with the Agreement or any part of the Agreement, please do not use the Application.
3.5 Your access and use of the Application will be solely at the discretion of Our Company.
3.6 The Company reserves the right to:

3.6.1 Accept or reject the request of the User to create an account
3.6.2 Suspend the Account of User for a reason
3.6.3Terminate the account of User for unauthorized use, or use in violation of the Terms
3.6.4 Refuse the Service(s) offered through the Application due to non-availability of Service(s).

3.7 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
- 3.7.1 The Indian Contract Act, 1872
- 3.7.2 The (Indian) Information Technology Act, 2000, ( the “IT Act”)
- 3.7.3 The rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”)
- 3.7.4 The Consumer Protection Act, 2019, and Consumer Protection (E-Commerce) Rules, 2020.

4. INTERPRETATION

4.1 The headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and are not intended to describe, interpret, define or limit the scope, extent, or intent of these Terms.
4.2 The use of expressions “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement.
4.3 Any reference to any statute or statutory provision shall include:

4.3.1 All subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted, or consolidated)
4.3.1 such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced.

4.4 No rule of construction or interpretation shall apply to the disadvantage or detriment of the Company for having control or being responsible for the preparation of this Agreement.
4.5 The definitions shall have the same meaning regardless of whether they appear in singular or in the plural and shall be interpreted to be gender neutral.

5. DEFINITIONS

5.1 Ayush Practitioner: A healthcare professional specialised in Homeopath, Ayurveda, Naturopath, Unani and Siddha registered with Ministry of AYUSH under the relevant law.
5.2 Clinic: A medical facility run by a single or group of Practitioners smaller than a hospital without in patient facility. Clinics generally provide only outpatient services and can have an observation bed for short stay.
5.3 Health record: A health record is a confidential compilation of pertinent facts, information, prescriptions, diagnostic reports of an individual’s health history, including all past and present medical conditions, illnesses and treatments.
5.4 Medical Practitioner: is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.’ [IMC Act, 1956].
5.5 Dentist: is a person who is enrolled in the State dental Council under the Indian Medical Council Act 1956.’ [IMC Act, 1956].
5.6 Patient: A patient is any recipient of healthcare services that are performed/provided by Practitioner.
5.7 Practitioner: refers to a Healthcare Professional including Medical Practitioner or Ayush Practitioner or Clinic(s) wishing to be listed, or already listed, on the Application, including nominated, designated, authorized associates of such Practitioners.
5.8 Remote Consultation: Consultation taken from a Practitioner by a patient by use of electronic devices and communication technologies including and not limited to consultation over audio or video communication mode through internet.
5.9 Subscribed User: Subscribed User is a Practitioner. which includes Registered Medical Practitioner, Ayush Practitioner and/or a Clinic or similar institution run by the Practitioner.
5.10 Subscribed User Account: The Account created by a Patient to access the services of a Medical Practioner.
5.11 User: The User is a Patient or any other person accessing or visiting the Application and includes Subscribed User(s), as applicable.
5.12 User Account: The Account created by a User having option to obtain services as available from time to time on the Application, including to upload, modify, maintain records, book appointments, make payments. In case of Minor(s), the Account can be created by his/her Parent or legal Guardian and controlled by the Parent/Legal Guardian only.

6. NATURE AND APPLICABILITY OF TERMS

6.1The Agreement applies to you whether you are –

6.1.1A User of the Application (“You” or “User”), unless specified otherwise in specific clauses.
6.1.2A Healthcare Professional including Medical practitioner or Ayush Practitioner or Clinic(s) or similar institution wishing to be listed, or already listed, on the Application, including nominated, designated, authorized associates of such Ppractitioners or institutions .
6.1.3A patient, his/her authorised representatives or legal guardians in case of minor(s) (“Patient” or “You” ).

6.2This Agreement applies to the following services made available by the Company on the Application, which are offered to User including but not limited to:

6.2.1For Patients: Facility to (a) create, maintain, store and share health records subject to the data limit allowed by the Company from time to time, (b) search for Practitioner using available filters such as name, specialty, and geographical area, or any other criteria that may be developed and made available on the Application from time to time, (c) schedule appointments with Practitioner and make payments for consultations and teleconsultations (d) set alarms and reminders, (e) view data analysis of patient medical history, treatment and health records and (f) remote consultation.

6.3The Service(s) may change from time to time, at the sole discretion of the Company, and the Agreement applies to your use of the Application to avail the Service(s), as well as to all information provided by You on the Application at any given point in time.
6.4Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 is permitted to create/ access User Account to avail the Service(s). Minors are prohibited from accessing or creating User Account; however Parent or Legal Guardian of the Minors can create a parent controlled User aAccount to avail the Service(s) for Minors in accordance with applicable laws.
6.5Services are available only for the citizens of India within the Territory of India.

7. USER ACCOUNT MANAGEMENT

7.1 You agree and acknowledge that You shall create only one User account and provide accurate, truthful, current and complete information including but not limited to (a) Name, (b) Age, (c) Gender, (d) valid email-Id and password when creating Your account and in availing all Service(s) on our Application.
7.2 The Company may subject to the Terms of this Agreement accept the User Account creation request. The creation of User Account shall be at the sole discretion of the Company.
7.3 You agree and acknowledge that you have carefully read the Terms before using or accessing the Application and/or creating a User Account on the Application and know how the information shared by You may be stored, protected, processed, used, shared and disseminated by the Company.
7.4 You shall be solely responsible to maintain and update Your account information and maintain the security of Your account by not sharing Your credentials with others and restricting unauthorized access. You can make changes to your User Account subject to the terms of this Agreement.
7.5 You are obligated to report to the Company immediately of any unauthorized access or suspicious activities in your User account and You are liable for all the activities that occur under Your account and accept all risk of unauthorized access.
7.6 In case of User Account registered for a minor Patient or a Patient not being able to operate his account, You ensure that in order to be authorized to access/use such User Account, You are either the Parent or the legal guardian or the person authorized by such Patient, as applicable. The Company has no liability on unauthorized access of User Accounts of Minor Patient or Patient not being able to operate his account using Your Password. You shall be solely responsible to keep Your password confidential and entrusting any person authorized to use Your Account. You can make changes in case of any discrepancies in your User Account information by reporting the same to the Company at the email address mentioned below. Notwithstanding the foregoing, the Company may reject the request of the User to edit, update or modify the User’s Account if such request is violative of applicable laws or in breach of thes.
7.7 The Company reserves its right to terminate/suspend the User Account if a User furnishes false information or uses/accesses User Account in violation of the Terms or undertakes illegal/fraudulent activity through his User Account or without assigning any reason, with or without notice and to exercise any other remedy available under law. The termination of User Account shall be without prejudice to any rights which have already accrued to the Company.

8. SUBSCRIBED USER ACCOUNT

You, as A patient can avail Service(s) offered by Us through the Application by becoming a Subscribed User after payment of Subscriber Fees as per the Payment Plan. By subscribing to the Application, You, the patient agree and acknowledge that You shall abide by the Terms. You, the Patient , agree and acknowledge that you have carefully read the Terms before using or accessing the Application and/or creating a Subscribed User Account on the Application and know how the information shared by you may be stored, protected, processed, used, shared and disseminated by the Company.

9. CONDITIONS OF USE OF SERVICE(S):

9.1 CONSULTATION

9.1.1 Scheduling an appointment for consultation:
– Patient can book an appointment for consultation with a Practitioner listed on the Application. – Patient will receive a confirmation of appointment for the booked consultation through chosen method from the available options such as SMS/email/online communication or any other messaging service.
– Practitioner reserves the right to accept, reschedule or cancel an appointment in the case of non-availability. The time provided for consultation to User is indicative and actual consultation time may vary. Patient is advised to contact the Practitioner on the communication number provided for confirmation of the appointment in case of such cancellation/rescheduling.
– Consultation can be booked, rescheduled or cancelled free of cost up to fifteen minutes prior to the start of the appointment for Remote Consultation and up to thirty minutes prior to the start of the appointment for a physical visit based consultation, upto 2 times.
– Rescheduling of a booked appointment is allowed not more than 2 times to the Patients and a fresh booking of the appointment is required.
9.1.2 Remote consultation:
– User can have Remote Consultation via audio call or video call through acceptable and recognised platforms as listed on the Application. User is to ensure all the connectivity requirements before the Remote Consultation and in case of any disconnections/errors etc. from User, the Company shall not be liable for rescheduling your appointment. However, Patient and/or Practitioner may contact each other for rescheduling on the same day.
– Remote Consultation via audio call or video call shall not include any physical examination. The medical opinion delivered by the Practitioner shall solely be based on the verbal communication between the concerned Practitioner and the Patient, and any test reports or medical history and other information shared by the Patient with the Practitioner through the Application.
– The Practitioner will prescribe medications or advise course of treatment on the basis of the data shared by the Patient including medical history, family history, existing medication and allergies if any. The Company or the Practitioner are not liable in case of any discrepancies in the data provided by the Patient and any consequences related thereto.
– The Services are not meant in any way for emergency and life- threatening conditions. Patients are advised to consult their nearest available Practitioners as available for any such conditions.
9.1.3 Other Guidelines
– The User is obligated to observe all guidelines, precautions and protocols as laid down by the Central and State Government (“Mandatory Guidelines”) time to time in case of any Disasters, epidemics, pandemics or government declared emergency situation and the Company shall not be liable in case the User fails to comply with such Mandatory Guidelines.
– In case of a physical consultation appointment, the Practitioner/Patient is obligated to inform the Company and Patient/ Practitioner if he shows flu-like symptoms or any other communicable disease that is declared as a pandemic/epidemic and for which government has declared social distancing or quarantine even after the physical visit is confirmed and take consultation through Remote consultation only.

9.2 HEALTH RECORD

9.2.1 The Patient is provided with facility to upload, manage and share the medical records including past medical history, existing conditions, medications (if any), allergies (if any), physiological health data (eg. Height, weight, body measurements etc) and can use the facility free of cost upto the data limit allowed beyond which Service may be payable as updated on the Application from time to time.
9.2.2 The Patient acknowledges and agrees that he is responsible for the accuracy of the data related to Health Record shared on the Application and the Company or the Practitioner are not responsible to verify the same.
9.2.3 The Patient is allowed to amend, modify, revise or delete the data related to Health Record shared on the Application and once the changes are made, the Patient acknowledges and agrees that the previous data cannot be retrieved. It is sole responsibility of the Patient to maintain his User account and Health Record therein and avoid unauthorized access.

9.3 ALARM & REMINDER

9.3.1 The User can set alarms and reminders on the Application as per his convenience including reminders for scheduled appointments, medicines, temperature/blood pressure/blood sugar/O 2 measurements.
9.3.2 Automatic alarms and reminders shall be set for a User once an appointment is booked using the Application;
9.3.3 User is responsible at all times to keep the Application functional by staying connected to internet for the feature of alarms/reminder to work at all times. The Company shall not be held liable for any consequence or loss in case the alarms/reminders are not functional due to non-connectivity with the internet or due to any other reason.

9.4 DATA ANALYTICS

9.4.1 Patient can choose from the available options and create/view the analysis of his medical history/data and share the same with Practitioner or store it on Application or download for his own use.
9.4.2 User acknowledges and agrees that the data analytics reports generated on the Application are for information purpose only and the same cannot be used for medico-legal or legal purposes and there may be scope of error due to use of artificial intelligence/computer software/algorithms etc.

9.5 THIRD PARTY SCHEMES
User acknowledges and agrees that the services through the Application are solely provided under the Terms of this Agreement and no benefits/exemption can be availed with/under any third party insurance/scheme provided by private/government agencies.
9.6 FEEDBACK
User can review the Practitioner after consultation subject to content related restrictions mentioned under Clause 11 of the Terms and Clause ___Privacy Policy.
The Company reserves all the rights to moderate/remove any comments, reviews which are considered inappropriate in the sole discretion of the Company.
9.7 OTHER ADDITIONAL FEATURES*
There may be additional features launched time to time basis which shall be governed under this Agreement even if not specifically mentioned.

10. GENERAL OBLIGATIONS

10.1 Accessing (or attempting to access) the Application or any part thereof by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) the Application or any part thereof through any automated, unethical or unconventional means.
10.2 Engaging in any activity that disrupts or interferes with the Application, including the servers and/or networks on which our Application is located or connected to, is strictly prohibited.
10.3 Attempting to copy, duplicate, reproduce, sell, trade, or resell our Application is strictly prohibited.
10.4 The User is solely responsible for any consequences, losses, or damages that may directly or indirectly incur or suffer due to any unauthorized activities conducted by the User, as explained above, and may incur criminal or civil liability.
10.5 The Company may provide various open communication tools on the Application such as reviews which are subject to this Agreement. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, You agree that You will not upload, post, share, or otherwise distribute any content that:

10.5.1 is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
10.5.2 infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
10.5.3 contains any type of unauthorized or unsolicited advertising;
10.5.4 impersonates any user or entity, including any Company employees or representatives.

10.6 The Company has the right at its sole discretion to remove any content that it feels in its judgment that does not comply with this Agreement, along with any content that it feels is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party intellectual property rights. The Company is not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
10.7 The Company do not assume any liability for any content posted by you or any other third party users of our Application. However, any content posted by you using any open communication tools on the Application, provided that it doesn’t violate or infringe on any third party intellectual property rights becomes the property of the Company, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided for availing the Services necessary in order to use the Application. All information provided to avail our Services is covered by our Privacy Policy.
10.8 The Company is not obliged to keep/main back up copy of any data or information of User.

11. PAYMENTS

11.1 The Company does not charge any fee from Patient for User Account registration or for using/ browsing/accessing the Application. However, the Company reserves the right to charge a fee for any or all of its Service(s) at any point of time.
11.2 The limited space available to a Patient for Health Record Management is free upto the data limit provided in the Application 50MB and shall be chargeable as per the Ppayment Pplan available in the User Account once the free data limit of 50 MB is exhausted.
11.3 Patient agrees and acknowledges that he shall make payments as applicable for the Services as displayed on the Application at the time of availing the Services.
11.4 Patient agrees and acknowledges to make payment to the Practitioner for Consultation as per the Fee displayed on the Application by any of the payment modes available on the Application.
11.5 Patient agrees and acknowledges that he shall not hold the Company responsible for any loss/damage caused to him by any act/ omission on part of the Practitioner or any third party beyond the control of the Company. The Patient agrees and acknowledges that he is availing the Services on the Application at his own risk.
11.6 Patient are solely responsible for payment of all taxes, legal compliances and statutory registrations. The Company is only responsible for its own tax compliances.
11.7 In order to process the payments, the Company may require details of Patient’s financial credentials which shall be used/accessed/stored as per the Privacy Policy.
11.8 Patient agrees and acknowledges that no refund shall be provided for any Service already availed by the Patient including in case of no show for consultation for which payment that has already been made. However, if the Patient wishes to cancel or reschedule the appointment, he is free to do so and the payment if already collected shall be refunded within 3-5 working days of such cancellation subject to deduction of cancellation charges, if any.
11.9 In the event of non-availability of the Practitioner for the consultation as per the appointment due to any reason,
– the Patient has option to reschedule the appointment subject to verification of the non-availability of Practitioner by the Company,
– the Patient has option to cancel the appointment and write to the Company within five (5) days from the occurrence of such event; in which case, the consultation fee will be refunded to the Patient within the next five (5) to six (6) business days subject to deduction of any cancellation charges.
11.10 Patient will not be entitled for any refund in a case where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the Patient is required to wait, irrespective of the fact whether the Patient is required to wait or choose to not obtain the medical services from the said Practitioner.

12. INTELLECTUAL PROPERTY

The Company owns its respective Intellectual Properties, without conferring any interests therein on the User. Without limiting the generality of the preceding sentence, User shall not acquire any right, title or interest in the Company’s Intellectual Property by virtue of this Agreement or otherwise. Any use of the Company’s Intellectual Property without the prior written consent of the Company is strictly prohibited. In the event of any unauthorized use of the Company’s intellectual property, the Company reserves its rights to initiate such legal actions as warranted under law.

13. REPRESENTATION AND WARRANTIES

13.1 User(s) hereby represents and warrants to the Company that:

13.1.1 he is competent to contract under Indian Contract Act, 1872,
13.1.2 the Information given by him to the Company, on this Application is accurate, true and nothing material is concealed by him,
13.1.3 he is the Legal Guardian of the minor or person of unsound mind on whose behalf the User Account is created (applicable only in case of Services being availed for Minors or people suffering from unsound mind),
13.1.4 he is authorized to use a User Account of a person who is not able to access his/her User Account, v. the Agreement constitutes a valid and binding obligation enforceable against him in accordance with its terms,
13.1.5 the acceptance by him, the performance by him of the obligations hereunder and compliance by him with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter or by-law provision, statute, regulation, judgment, ordinance, decree, writ, injunction or applicable laws, vii. there are no claims, actions, proceedings, which are initiated, alleged, threatened or pending against him which would restrict him from accessing and availing any Services on the Application,
13.1.6 he will not initiate or carry out any transaction on this Application on behalf of any other party, unless he is specifically authorized to do so, ix. he shall comply with all applicable laws,
13.1.7 he shall not infringe the Intellectual Property Rights of the Company,
13.1.8 he/she will not use the User Account or Subscribed User Account for unlawful or unauthorized purposes, xii. he will not upload any obscene or objectional content on the Application,
13.1.9 appropriate action can be initiated against him as warranted under the circumstances, for unauthorized use or breach of Terms of the Agreement.

14. LIMITATION OF LIABILITIES/INDEMNIFICATION

14.1 User agrees to indemnify and hold harmless the Company, its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfil any obligations relating to your account incurred by You or any other user using your account. Company reserves the right to take over the exclusive defence of any claim for which it is entitled to indemnification under this Agreement. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
14.2 User agrees and acknowledges that the Company or any of its directors, officers, employees, agents or content or service providers shall not 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 Application or the content, materials and functions related thereto, the Services, , lost business or lost Users. In no event shall the Company or any of its directors, officers, employees, agents or content or service providers be liable for:

14.2.1 provision of or failure to provide all or any service by Practitioners to Users contacted or managed through the Application;
14.2.2 any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Application;
14.2.3 any unauthorized access to or alteration of your transmissions or data; or
14.2.4 any other matter relating to the Application.

14.3 DISCLAIMER Without prejudice to the generality of the above, Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Patient and the Practitioner. Patient understands and agrees that Company will not be liable for:

14.3.1 Patient interactions and associated issues Patient has with the Practitioner;
14.3.2 the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Patient;
14.3.3 any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
14.3.4 inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the Patient due to a failure on the part of the Practitioner to provide agreed Services;
14.3.5 any misconduct or inappropriate behaviour by the Practitioner;
14.3.6 Notwithstanding Clause 12, cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged by the Practitioner.

15. FORCE MAJEURE

You accept and acknowledge that the Company shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services, or any other delay or default or deficiency or failure which arises from causes beyond the Company’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, the Company, depending on whose performance has been impacted under the Terms, shall promptly give You notice of the facts which constitute the Force Majeure Event.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Any and all dispute/differences arising from and in connection to this contract between the parties including its interpretation, adjudication of its validity, termination or breach of contract, the aggrieved party shall notify the other of the dispute within a period of 30 days in writing. The parties shall attempt to reach an amicable solution by mutual discussions within 60 days of receipt of the notice.
16.2 If the parties fail to resolve the dispute through mutual discussions as per Section 18.1, the dispute shall be mandatorily referred to Arbitration under the Arbitration and Conciliation Act, 1996 as amended till date including the rules framed thereunder.
16.3 Each party shall within 7(seven) days of referral of matter to arbitration, appoint one arbitrator. The two arbitrators shall with mutual consent appoint a third arbitrator within 15 (fifteen) days from the date of their appointment.
16.4 The Arbitration proceedings shall be conducted in English and the Arbitral Award shall be in English. The decision of the Arbitral Tribunal shall be final and binding on both parties.
16.5 The seat and venue of the Arbitration shall be Lucknow.
16.6 The Courts of Lucknow shall have exclusive jurisdiction for any applications arising out of or in connection with the Arbitration including application for interim relief sought by parties.
16.7 Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators shall be shared equally by the Parties unless the award otherwise provides. The arbitration proceedings, including any outcome, shall be confidential.
16.8 The Agreement will be governed by Laws of India, as applicable.

17. MISCELLANEOUS

17.1 SURVIVAL: Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
17.2 SEVERABILITY: If any provision of these Terms is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
17.3 WAIVER: No provision of these Terms 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.

18. GRIEVANCE REDRESSAL

To report any grievance with respect to the Application, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: CA AKHIL KUMAR Address: CHIEF EXECUTIVE OFFICER Phone:91-95699-29525 Email: akhil@drcfo.in

19. CONTACT INFORMATION

If you have any questions concerning the Company, the Application, the Terms, this Agreement, the Services, or anything related to any of the foregoing, or you wish to give your comments/feedback, You can reach us at the following email address mentioned below or using the Contact Us option in the Application. Unless otherwise specified herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by personal delivery or post acknowledgment due) or courier (with POD) or E-mail as mentioned below. Any such notice or other communication will be deemed to be effective if sent by personal delivery, (when delivered) if sent by registered post (ack due) (on actual receipt), and if sent by courier (on actual receipt), and if sent by E-mail, (on receipt of a confirmation to the correct Email id). Name: CA AKHIL KUMAR Designation: CHIEF EXECUTIVE OFFICER Address: C-5 K K APPARTEMENT , OPPOSITE NARMADA BHAWAN, DALI BAGH, LUCKNOW-226001 Email ID: akhil@drcfo.in

Updated April 20, 2023

20. GENERAL/INTRODUCTION

DRCFO MANAGEMENT CONSULTANTS PRIVATE LIMITED (hereinafter the “Company”, “we”, “us”, “our” interchangeably) is a company duly incorporated in India under the provisions of the Companies Act, 2013 (as amended till date) and recognized as a startup by Department of Promotion of Industry and Internal Trade (DPIIT) bearing certificate no. DIPP61037. The company caters to the needs of patients and healthcare professionals by providing an integrated healthcare management system through its premium innovative solution under the flagship brand DRCFO. The DRCFO is a platform accessible on all internet-enabled electronic devices through software application (DRCFO) and/or website www.drcfo.in (hereinafter “Application” which includes the website, software program, data and documentation related thereto) which provides services related to health data management, online appointments with healthcare professional, Clinic management, Clinic administration, Patient Management, Accounts & Inventory management along with Legal compliance management and other related services (collectively referred to as “Service(s)”) for integrated health care management for patients and healthcare professionals.

21. ENTIRE AGREEMENT1

22. ACKNOWLEDGEMENT & ACCEPTANCE

22.1 These Terms set out Your rights and obligations regarding the download/use/access/browsing of the Application. The Terms must be read by You completely and well understood before agreeing to the said Terms which govern any or all relationship between You and the Company.
22.2 You understand and agree that these Terms shall be legally binding on You and agree that the Application along with the Service(s) offered by Us can be accessed only in accordance with these Terms, and You are obliged to comply with the Terms at all times. You are responsible to be aware of and agreeing to abide by the Terms as published and periodically modified by Us. We urge You to access, review and familiarize Yourself with these Terms periodically, for your continued use of Our Application. However, if You navigate away from the Application to a third-party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such website. In such event, the terms and conditions of use and privacy policy applicable to that third party website shall govern Your use of that website.
22.3 We reserve our rights to update, change, edit, alter, amend, revise or substitute (collectively “Modifications”) the “Terms” from time to time. Any modifications made will be effective immediately upon them being made available on the Application and the date of the last modification will be notified on top of the page. You are advised to review these Terms periodically for any modifications. Your continued use of the Application consequent to any modifications shall be deemed acceptance of such modified terms and conditions.
22.4 You acknowledge that You will be bound by this Agreement for availing Service(s) through the Application offered by Us. If you do not agree with the Agreement or any part of the Agreement, please do not use the Application.
22.5 Your access and use of the Application will be solely at the discretion of Our Company.
22.6 The Company reserves the right to

22.6.1 accept or reject the request of the User to create an account,
22.6.2 suspend the Account of User for a reason,
22.6.3 terminate the account of User for unauthorized use, or use in violation of the Terms
22.6.4 refuse the Service(s) offered through the Application due to non-availability of Service(s).

22.7 The Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:

22.7.1 the Indian Contract Act, 1872,
22.7.2 the (Indian) Information Technology Act, 2000, ( the “IT Act”);
22.7.3 the rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”);
22.7.4 the Consumer Protection Act, 2019, and Consumer Protection (E-Commerce) Rules, 2020.

23. INTERPRETATION

In this Agreement,

23.1 The headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and is not intended to describe, interpret, define or limit the scope, extent, or intent of these Terms.
23.2 The use of expressions “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement.
23.3 Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted, or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced.
23.4 No rule of construction or interpretation shall apply to the disadvantage or detriment of the Company for having control or being responsible for the preparation of this Agreement.
23.5 The definitions shall have the same meaning regardless of whether they appear in singular or in plural and shall be interpreted to be gender neutral.

24. DEFINITIONS

24.1 Ayush Practitioner: A healthcare professional specialised in Homeopath, Ayurveda, Naturopath, Unani, and Siddha registered with the Ministry of AYUSH under the relevant law.
24.2 Clinic: A medical facility run by a single or group of Practitioners smaller than a hospital without in patient facility. Clinics generally provide only outpatient services and can have an observation bed for a short stay.
24.3 Health record: A health record is a confidential compilation of pertinent facts, information, prescriptions, and diagnostic reports of an individual’s health history, including all past and present medical conditions, illnesses, and treatments.
24.4 Medical Practitioner: is a person who is enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.’ [IMC Act, 1956].
24.5 Dentist: is a person who is enrolled in the State dental Council under the Indian Medical Council Act 1956.’ [IMC Act, 1956].
24.6 Patient: A patient is any recipient of healthcare services that are performed/provided by Practitioner.
24.7 Practitioner refers to a Healthcare Professional including Medical Practitioner or Ayush Practitioner or Clinic(s) wishing to be listed, or already listed, on the Application, including nominated, designated, authorized associates of such Practitioners.
24.8 Remote Consultation: Consultation taken from a Practitioner by a patient by use of electronic devices and communication technologies including and not limited to consultation over audio or video communication mode through the internet.
24.9 Subscribed User: Subscribed User is a Practitioner. which includes Registered Medical Practitioner, Ayush Practitioner and/or a Clinic or similar institution run by the Practitioner.
24.10 Subscribed User Account: The Account created by a Practitioner to provide services to the Patient.
24.11 User: The User is a Patient or a Practitioner or any other person accessing or visiting the Application and includes Subscribed User(s), as applicable.
24.12 User Account: The Account created by a User having option to obtain services as available from time to time on the Application, including uploading, modify, maintaining records, book appointments, make payments. In the case of Minor(s), the Account can be created by his/her Parent or Legal Guardian and controlled by the Parent/Legal Guardian only.

25. NATURE AND APPLICABILITY OF TERMS

25.1 The Agreement applies to you whether you are –

25.1.1 A User of the Application (“You” or “User”), unless specified otherwise in specific clauses.
25.1.2 A Healthcare Professional including Medical practitioner or Ayush Practitioner or Clinic(s) or similar institution wishing to be listed, or already listed, on the Application, including nominated, designated, authorized associates of such Ppractitioners or institutions (“Practitioner”, “You” or “Subscribed User”); or
25.1.3 A patient, his/her authorized representatives or legal guardians in case of minor(s) (“Patient” or “You” ).

25.2 This Agreement applies to the following services made available by the Company on the Application, which is offered to the User including but not limited to:

25.2.1 For Patients: Facility to (a) create, maintain, store and share health records subject to the data limit allowed by the Company from time to time, (b) search for Practitioners using available filters such as name, specialty, and geographical area, or any other criteria that may be developed and made available on the Application from time to time, (c) schedule appointments with Practitioner and make payments for consultations and teleconsultations (d) set alarms and reminders, (e) view data analysis of patient medical history, treatment and health records and (f) remote consultation.
25.2.2 For Practitioner: Facility to (a) manage, book, and maintain appointments, (b) generate, review and update prescriptions, (c) respond to alarms and reminders of Patients, (d) collect and refund payments, (e) view health records, (f) view data analysis of patient medical history, treatment and health records, (g) manage inventory, (h) help with clinic administration, (i) manage accounts and tax compliances and (j) teleconsultation.

25.3 The Service(s) may change from time to time, at the sole discretion of the Company, and the Agreement applies to your use of the Application to avail the Service(s), as well as to all information provided by You on the Application at any given point in time.
25.4 Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 is permitted to create/ access a User Account to avail of the Service(s). Minors are prohibited from accessing or creating a User Account; however, the Parent or Legal Guardian of the Minors can create a parent controlled User aAccount to avail of the Service(s) for Minors by applicable laws.
25.5 Services are available only for the citizens of India within the Territory of India.

26. USER ACCOUNT MANAGEMENT

26.1 You agree and acknowledge that You shall create only one User account and provide accurate, truthful, current, and complete information including but not limited to (a) Name, (b) Age, (c) Gender, (d) valid email-Id and password when creating Your account and in availing all Service(s) on our Application.
26.2 The Company may subject to the Terms of this Agreement accept the User Account creation request. The creation of a User Account shall be at the sole discretion of the Company.
26.3 You agree and acknowledge that you have carefully read the Terms before using or accessing the Application and/or creating a User Account on the Application and know how the information shared by You may be stored, protected, processed, used, shared, and disseminated by the Company.
26.4 You shall be solely responsible to maintain and update Your account information and maintain the security of Your account by not sharing Your credentials with others and restricting unauthorized access. You can make changes to your User Account subject to the terms of this Agreement.
26.5 You are obligated to report to the Company immediately of any unauthorized access or suspicious activities in your User account and You are liable for all the activities that occur under Your account and accept all risk of unauthorized access.
26.6 In case of User Account registered for a minor Patient or a Patient not being able to operate his account, You ensure that in order to be authorized to access/use such User Account, You are either the Parent or the legal guardian or the person authorized by such Patient, as applicable. The Company has no liability on unauthorized access of User Accounts of Minor Patient or Patient not being able to operate his account using Your Password. You shall be solely responsible to keep Your password confidential and entrusting any person authorized to use Your Account.
26.7 Deleted You can make changes in case of any discrepancies in your User Account information by reporting the same to the Company at the email address mentioned below. Notwithstanding the foregoing, the Company may reject the request of the User to edit, update or modify the User’s Account if such request is violative of applicable laws or in breach of these T
26.8 The Company reserves its right to terminate/suspend the User Account if a User furnishes false information or uses/accesses User Account in violation of the Terms or undertakes illegal/fraudulent activity through his User Account or without assigning any reason, with or without notice and to exercise any other remedy available under law. The termination of User Account shall be without prejudice to any rights which have already accrued to the Company.

27. SUBSCRIBED USER ACCOUNT

You, as A Practitioner can avail Service(s) offered by Us through the Application by becoming a Subscribed User after payment of Subscriber Fees as per the Payment Plan. By subscribing to the Application, You, the Practitioner agree and acknowledge that You shall abide by the Terms. You, the Practitioner, agree and acknowledge that you have carefully read the Terms before using or accessing the Application and/or creating a Subscribed User Account on the Application and know how the information shared by you may be stored, protected, processed, used, shared and disseminated by the Company.

28. CONDITIONS OF USE OF SERVICE(S):

28.1 CONSULTATION

28.1.1 Scheduling an appointment for a consultation:
– Patient can book an appointment for a consultation with a Practitioner listed on the Application.
– Patient will receive a confirmation of appointment for the booked consultation through the chosen method from the available options such as SMS/email/online communication or any other messaging service.
– Practitioner reserves the right to accept, reschedule or cancel an appointment in the case of non-availability. The time provided for a consultation to the User is indicative and actual consultation time may vary. The patient is advised to contact the Practitioner on the communication number provided for confirmation of the appointment in case of such cancellation/rescheduling.
– Consultation can be booked, rescheduled, or canceled free of cost up to fifteen minutes before the start of the appointment for Remote Consultation and up to thirty minutes prior to the start of the appointment for a physical visit based consultation, up to 2 times.
– Rescheduling of a booked appointment is allowed not more than 2 times to the Patients and a fresh booking of the appointment is required.

28.1.2 Remote consultation:
– User can have Remote Consultation via audio call or video call through acceptable and recognized platforms as listed on the Application. User is to ensure all the connectivity requirements before the Remote Consultation and in case of any disconnections/errors etc. from User, the Company shall not be liable for rescheduling your appointment. However, the Patient and/or Practitioner may contact each other for rescheduling on the same day. – Remote Consultation via audio call or video call shall not include any physical examination. The medical opinion delivered by the Practitioner shall solely be based on the verbal communication between the concerned Practitioner and the Patient, and any test reports or medical history and other information shared by the Patient with the Practitioner through the Application.
– The Practitioner will prescribe medications or advise a course of treatment on the basis of the data shared by the Patient including medical history, family history, existing medication, and allergies if any. The Company or the Practitioner are not liable in case of any discrepancies in the data provided by the Patient and any consequences related thereto.
– The Services are not meant in any way for emergency and life- threatening conditions. Patients are advised to consult their nearest available Practitioners as available for any such conditions.

28.1.3 Other Guidelines
– The User is obligated to observe all guidelines, precautions, and protocols , as laid down by the Central and State Government (“Mandatory Guidelines”) time to time in case of any Disasters, epidemics, pandemic,cs or government-declared emergency situations and the Company, shall not be liable in case the User fails to comply with such Mandatory Guidelines.
– In case of a physical consultation appointment, the Practitioner/Patient is obligated to inform the Company and Patient/ Practitioner if he shows flu-like symptoms or any other communicable disease that is declared as a pandemic/epidemic and for which the government has declared social distancing or quarantine even after the physical visit is confirmed and take consultation through Remote consultation only.

28.2 HEALTH RECORD

28.2.1 The Patient is provided with the facility to upload, manage and share the medical records including past medical history, existing conditions, medications (if any), allergies (if any), physiological health data (eg. Height, weight, body measurements, etc) and can use the facility free of cost up to the data limit allowed beyond which Service may be payable as updated on the Application from time to time.
28.2.2 The Patient acknowledges and agrees that he is responsible for the accuracy of the data related to the Health Record shared on the Application and the Company or the Practitioner are not responsible to verify the same.
28.2.3 The Patient is allowed to amend, modify, revise or delete the data related to Health Record shared on the Application and once the changes are made, the Patient acknowledges and agrees that the previous data cannot be retrieved. It is the sole responsibility of the Patient to maintain his User account and Health Records therein and avoid unauthorized access.
28.3 ALARM & REMINDER

28.3.1 The User can set alarms and reminders on the Application as per his convenience including reminders for scheduled appointments, medicines, temperature/blood pressure/blood sugar/O 2 measurements.
28.3.2 Automatic reminders shall be set for a User once an appointment is booked using the Application, when the patient cancel confirm the appointment and when the doctor cancelled the appointment after confirming the patient’s appointment.
28.3.3 User is responsible at all times to keep the Application functional by staying connected to the internet for the feature of alarms/reminders to work at all times. The Company shall not be held liable for any consequence or loss in case the alarms/reminders are not functional due to non-connectivity with the internet or due to any other reason.

28.4 DATA ANALYTICS

28.4.1 Patient can choose from the available options and create/view the analysis of his medical history/data and share the same with the Practitioner or store it on the Application or download it for his own use.
28.4.2 Practitioner can view the analysis of the medical history/data of a User when the same is shared with him by the User. However, he is not allowed to download the same for his own use or share with any third party.
28.4.3 Practitioner can choose from the available options and create own graphs/analytics data and download for his own use.
28.4.4 User acknowledges and agrees that the data analytics reports generated on the Application are for information purposes only and the same cannot be used for medico-legal or legal purposes and there may be the scope of error due to the use of artificial intelligence/computer software/algorithms etc.

28.5 THIRD-PARTYARTY SCHEMES
User acknowledges and agrees that the services through the Application are solely provided under the Terms of this Agreement and no benefits/exemption can be availed with/under any third party insurance/scheme provided by private/government agencies.
28.6 FEEDBACK

28.6.1 User can review the Practitioner after consultation subject to content- related restrictions mentioned under Clause 11 of the Terms and Clause ___Privacy Policy.
28.6.2 The Company reserves all the rights to moderate/remove any comments, or reviews which are considered inappropriate in the sole discretion of the Company.

28.7 OTHER ADDITIONAL FEATURES
There may be additional features launched time to a time basis which shall be governed under this Agreement even if not specifically mentioned.

29. ADDITIONAL TERMS OF USE FOR SUBSCRIBED USERS (PRACTITIONERS)

The terms in Clause 10 are applicable to Practitioners only:

29.1 PROFILE LISTING

29.1.1 The Company shall prepare the database of information related to the Practitioners, their specialties profiles, contact details, etc. and shall list the same on the Application. Order of display of Practitioner Profile in the listing on the Application shall be under the sole discretion of the Company and dependant on parameters as set by the Company.
29.1.2 Practitioner’s information shall be collected individually from Practitioner through the Subscribed User Account on the Application and the Practitioner is responsible to ensure the authenticity and accuracy of the information. If the information is found incorrect, the concerned Practitioner shall be liable for timely rectification of such information or any action legal or otherwise that he is subject to under such circumstances including and not limited to removal of the profile of the Practitioner.
29.1.3 Practitioner agrees that the Company reserves the right to use the information provided by the Practitioner to list on the Application, for the purpose of publication and for availing services by the Users.
29.1.4 Practitioner acknowledges and agrees that it is the sole responsibility of the Practitioner to ensure that he holds the required credentials to provide consultation including and not limited to education, certification, registration required and recognized as per the laws governing the Healthcare industry before registration of the Subscriber User Account and listing of his Profile.
29.1.5 Company reserves the right to suspend the Profile of the Practitioner on receipt of a complaint against the Practitioner. However, the Practitioner shall be at liberty to provide clarifications and resolve the complaint within 15 days. The profile shall stay suspended during the said 15 days after which the Company can remove the Profile of the Practitioner permanently if the complaint is not resolved.

29.2 REVIEWS

29.2.1 The Company shall not be liable for any reviews positive/negative provided by the Users in respect of particular Practitioner(s).
29.2.2 The Company reserves the right to collect reviews/comments/feedback for all the Practitioners listed on the Application.
29.2.3 The Company shall take all the appropriate measures to moderate any comments/reviews/feedback posted on the Practitioner profile, however, the Company reserves the rights to do so as per its discretion and shall not be liable to any Practitioner for any such comments/review/feedback.

29.3 CONSULTATION

29.3.1 The Practitioner is responsible for keeping his availability updated on the Application for Users to schedule appointments.
29.3.2 In case of non-availability due to any reason, the Practitioner is responsible to update on the Application for rescheduling or cancellation of the appointments.
29.3.3 In case of cancellation/rescheduling by the User, the User may contact the Practitioner for confirmation and the Practitioner is responsible to give confirmation as per his availability or suggest the alternative time for physical visit/remote consultation.
29.3.4 The Practitioner shall hold the consultations and use the Services on the Application as per the applicable law.
29.3.5 The Practitioner shall not misconduct or does any act in contravention of applicable laws.

29.4 CONFIDENTIALITY

29.4.1 The Practition`er shall access the health record of a User when such User allows access to Health records for the purpose of consultation and medical opinion.
29.4.2 The Practitioner is obligated to not disclose the information shared by any User with any third party unless it is necessary for the course of treatment after express authorization from the User.
29.4.3 The Practitioner acknowledges and the agrees that he is bound to not disclose any information pertaining to a User and shall maintain the privacy and secrecy of the User information at all times except as obligated under Indian Law.

29.5 RESTRICTIONS

29.5.1 The Practitioner acknowledges and agrees that he shall not solicit any User for availing Service(s) through the Application or otherwise.
29.5.2 The Practitioner acknowledges and agrees that he shall not promote any course of treatment or scheme or product and shall at all times abide by the law governing his medical practice.
29.5.3 The Practitioner shall neither demand nor accept any gifts in exchange of promoting a scheme/ product/ treatment. iv. The Practitioner shall not provide any false or misleading information to the Company or the User including and not limited to information pertaining to any product, treatment or other Practitioner(s).

30. GENERAL OBLIGATIONS

30.1 Accessing (or attempting to access) the Application or any part thereof by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) the Application or any part thereof through any automated, unethical or unconventional means.
30.2 Engaging in any activity that disrupts or interferes with the Application, including the servers and/or networks on which our Application is located or connected to, is strictly prohibited.
30.3 Attempting to copy, duplicate, reproduce, sell, trade, or resell our Application is strictly prohibited.
30.4 The User is solely responsible for any consequences, losses, or damages that may directly or indirectly incur or suffer due to any unauthorized activities conducted by the User, as explained above, and may incur criminal or civil liability.
30.5 The Company may provide various open communication tools on the Application such as reviews which are subject to this Agreement. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, You agree that You will not upload, post, share, or otherwise distribute any content that: i. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; iii. contains any type of unauthorized or unsolicited advertising; iv. impersonates any user or entity, including any Company employees or representatives.
30.6 The Company has the right at its sole discretion to remove any content that it feels in its judgment that does not comply with this Agreement, along with any content that it feels is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party intellectual property rights. The Company is not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
30.7 The Company do not assume any liability for any content posted by you or any other third party users of our Application. However, any content posted by you using any open communication tools on the Application, provided that it doesn’t violate or infringe on any third party intellectual property rights becomes the property of the Company, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided for availing the Services necessary in order to use the Application. All information provided to avail our Services is covered by our Privacy Policy.
30.8 The Company is not obliged to keep/main back up copy of any data or information of User.

31. PAYMENTS

31.1 The Company does not charge any fee from Patient for User Account registration or for using/ browsing/accessing the Application. However, the Company reserves the right to charge a fee for any or all of its Service(s) at any point of time. The Practitioner is charged with a Subscriber Fee as per the Payment Plan for creating Subscribed User Account and for availing Service(s) offered by Us.
31.2 The limited space available to a Patient for Health Record Management is free upto the data limit provided in the Application 50MB and shall be chargeable as per the Ppayment Pplan available in the User Account once the free data limit of 50 MB is exhausted.
31.3 Patient agrees and acknowledges that he shall make payments as applicable for the Services as displayed on the Application at the time of availing the Services.
31.4 Patient agrees and acknowledges to make payment to the Practitioner for Consultation as per the Fee displayed on the Application by any of the payment modes available on the Application.
31.5 Patient agrees and acknowledges that he shall not hold the Company responsible for any loss/damage caused to him by any act/ omission on part of the Practitioner or any third party beyond the control of the Company. The Patient agrees and acknowledges that he is availing the Services on the Application at his own risk.
31.6 Patients are solely responsible for payment of all taxes, legal compliances, and statutory registrations. The Company is only responsible for its own tax compliances.
31.7 In order to process the payments, the Company may require details of Patient’s financial credentials which shall be used/accessed/stored as per the Privacy Policy.
31.8 Patient agrees and acknowledges that no refund shall be provided for any Service already availed by the Patient including in case of a show for consultation for which payment that has already been made. However, if the Patient wishes to cancel or reschedule the appointment, he is free to do so and the payment if already collected shall be refunded within 3-5 working days of such cancellation subject to deduction of cancellation charges, if any.
31.9 In the event of non-availability of the Practitioner for the consultation as per the appointment due to any reason, – the Patient has the option to reschedule the appointment subject to verification of the non-availability of the Practitioner by the Company, – the Patient has the option to cancel the appointment and write to the Company within five (5) days from the occurrence of such event; in which case, the consultation fee will be refunded to the Patient within the next five (5) to six (6) business days subject to deduction of any cancellation charges.
31.10 Patient will not be entitled for any refund in a case where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the Patient is required to wait, irrespective of the fact whether the Patient is required to wait or choose to not obtain the medical services from the said Practitioner.

32. INTELLECTUAL PROPERTY

The Company owns its respective Intellectual Properties, without conferring any interests therein on the User. Without limiting the generality of the preceding sentence, User shall not acquire any right, title, or interest in the Company’s Intellectual Property by virtue of this Agreement or otherwise. Any use of the Company’s Intellectual Property without the prior written consent of the Company is strictly prohibited. In the event of any unauthorized use of the Company’s intellectual property, the Company reserves its rights to initiate such legal actions as warranted under law.

33. REPRESENTATION AND WARRANTIES

33.1 User(s) hereby represents and warrants to the Company that:

33.1.1 he is competent to contract under the Indian Contract Act, of 1872,
33.1.2 the Information given by him to the Company, on this Application is accurate, true and nothing material is concealed by him,
33.1.3 he is the Legal Guardian of the minor or person of unsound mind on whose behalf the User Account is created (applicable only in case of Services being availed for Minors or people suffering from the unsound mind), xvii. he is authorized to use a User Account of a person who is not able to access his/her User Account,
33.1.4 the Agreement constitutes a valid and binding obligation enforceable against him in accordance with its terms,
33.1.5 the acceptance by him, the performance by him of the obligations hereunder, and compliance by him with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter, or by-law provision, statute, regulation, judgment, ordinance, decree, writ, injunction or applicable laws,
33.1.6 there are no claims, actions, or proceedings, which are initiated, alleged, threatened, or pending against him which would restrict him from accessing and availing any Services on the Application,
33.1.7 he will not initiate or carry out any transaction on this Application on behalf of any other party unless he is specifically authorized to do so,
33.1.8 he shall comply with all applicable laws,
33.1.9 he shall not infringe the Intellectual Property Rights of the Company, xxiv. he/she will not use the User Account or Subscribed User Account for unlawful or unauthorized purposes,
33.1.10 he will not upload any obscene or objectional content on the Application,
33.1.11 appropriate action can be initiated against him as warranted under the circumstances, for unauthorized use or breach of the Terms of the Agreement.

34. LIMITATION OF LIABILITIES/INDEMNIFICATION

34.1 User agrees to indemnify and hold harmless the Company, its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by You or any other user using your account. Company reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this Agreement. In such an event, you shall provide us with such cooperation as is reasonably requested by us.
34.2 User agrees and acknowledges that the Company or any of its directors, officers, employees, agents, or content or service providers shall not 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 Application or the content, materials, and functions related thereto, the Services, lost business or lost Users. In no event shall the Company or any of its directors, officers, employees, agents, or content or service providers be liable for:

34.2.1 provision of or failure to provide all or any service by Practitioners to Users contacted or managed through the Application;
34.2.2 any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Application;
34.2.3 any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Application.

34.3 The Practitioner(s) warrants that he fulfills all the medicolegal and any other requirements of practice under the laws of India and are duly certified/registered licensed by relevant bodies/authorities/associations. The Company shall not be responsible in any manner for any incorrect/false information or lack of license/registration/certification required by the Practitioner under the applicable laws.

35. DISCLAIMER

Without prejudice to the generality of the above, Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between Patient and the Practitioner. The patient understands and agrees that Company will not be liable for:

35.1 Patient interactions and associated issues the Patient has with the Practitioner;
35.2 the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards the Patient;
35.3 any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
35.4 inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the Patient due to a failure on the part of the Practitioner to provide agreed Services;
35.5 any misconduct or inappropriate behavior by the Practitioner;
35.6 Notwithstanding Clause 12, cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged by the Practitioner.

36. FORCE MAJEURE

You accept and acknowledge that the Company shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services, or any other delay or default or deficiency or failure which arises from causes beyond the Company’s reasonable control (“Force Majeure Event”). In the event of any Force Majeure Event arising, the Company, depending on whose performance has been impacted under the Terms, shall promptly give You notice of the facts which constitute the Force Majeure Event.

37. GOVERNING LAW AND DISPUTE RESOLUTION

37.1 Any and all dispute/differences arising from and in connection to this contract between the parties including its interpretation, adjudication of its validity, termination or breach of contract, the aggrieved party shall notify the other of the dispute within a period of 30 days in writing. The parties shall attempt to reach an amicable solution by mutual discussions within 60 days of receipt of the notice.
37.2 If the parties fail to resolve the dispute through mutual discussions as per Section 18.1, the dispute shall be mandatorily referred to Arbitration under the Arbitration and Conciliation Act, 1996 as amended till date including the rules framed thereunder.
37.3 Each party shall within 7(seven) days of referral of matter to arbitration, appoint one arbitrator. The two arbitrators shall with mutual consent appoint a third arbitrator within 15 (fifteen) days from the date of their appointment.
37.4 The Arbitration proceedings shall be conducted in English and the Arbitral Award shall be in English. The decision of the Arbitral Tribunal shall be final and binding on both parties.
37.5 The seat and venue of the Arbitration shall be Lucknow.
37.6 The Courts of Lucknow shall have exclusive jurisdiction for any applications arising out of or in connection with the Arbitration including application for interim relief sought by parties.
37.7 Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators shall be shared equally by the Parties unless the award otherwise provides. The arbitration proceedings, including any outcome, shall be confidential.
37.8 The Agreement will be governed by Laws of India, as applicable.

38. MISCELLANEOUS

38.1 SURVIVAL: Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
38.2 SEVERABILITY: If any provision of these Terms is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions.
38.3 WAIVER: No provision of these Terms 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.