TERMS OF USE

THIS TERMS OF USE (“TERMS”) IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND CONSUMER PROTECTION (E-COMMERCE) RULES, 2020 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS PLATFORM.

These Terms apply to the use of the Novocuris patient engagement mobile software, mobile application available on the Apple Store or Play Store or any other medium authorized by the Company (hereinafter referred to as the “Platform”), owned by Novocuris Ltd, a company incorporated under the United Kingdom laws and/or its affiliates, (hereinafter referred to as the “Company” “We” “Us” and “Our”) and licensed to PRISTINE EYE HOSPITALS (hereinafter referred to as the “Health Care Provider”). Company through its Platform provides services of connecting Health Care Provider and their associated Practitioners (as defined below) to individuals/patients seeking medical help from such Health Care Provider and/or Practitioners, as an intermediary.

Please read the Terms carefully.

By accessing, browsing or otherwise using the Platform, or any other websites or applications of the Company that links to these Terms and/or by accessing any content on the Platform including any Services, data, text, software, photographs, graphics, audio, video, message or other material appearing on the Platform (collectively, “Content”), you (“You”, “User”, “Your”, “Yourself”) represent that You have read and understood the terms and conditions specified in the Terms and thereby expressly agree to be bound by the Terms. If You do not agree with the Terms mentioned herein, please exit this Platform and restrict your access. The User agrees and understands that the Platform and its Content are owned by the Company or eits licensors, if any.

Any changes to this Terms will become effective upon posting of the revised Terms on the Platform. It is recommended that You regularly check these Terms to apprise Yourself of any updates. Your continued use of Platform or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Terms.

In order to use the Platform, it shall be Your responsibility to comply with these Terms, Privacy Policy and any other agreement(s) that You may enter into with the Company and/or Health Care Provider. In case of conflict between this Terms and such agreement that You may enter into with the Company and/or Health Care Provider, the interpretation placed by the Company shall be final and binding on You.  A breach or violation of any of the Terms will result in an immediate termination of Your access to and use of the Platform.

The Company reserves the right to add or remove products and Services from its overall offerings without prior notification.

By using the Services, you are consenting to have your personal data transferred to and processed in India.

DISCLAIMER

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BETWEEN THE COMPANY/PLATFORM AND THE USER BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US. YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAY CONNECT YOU TO ONE OR MORE PRACTITIONERS. THE SERVICES ENABLE COORDINATION AND DIRECT COMMUNICATION WITH A PRACTITIONER. THE COMPANY, ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT, AND THE CONTENT OF THE PLATFORM AND THE SERVICES ARE NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE (INCLUDING CLINICAL THERAPY ADVICE), DIAGNOSIS OR TREATMENT.

FOR CLARITY, ANY PATIENT-DOCTOR RELATIONSHIP BETWEEN YOU AND ANY PRACTITIONER WILL BE ESTABLISHED SEPARATELY AND DIRECTLY WITH SUCH HEALTH CARE PROVIDER AND/OR PRACTITIONER. COMPANY IS NOT A PARTY TO ANY SUCH RELATIONSHIPS AND EACH PRACTITIONER IS SOLELY RESPONSIBLE FOR THE DELIVERY OF ANY OPINIONS YOU RECEIVE THROUGH YOUR ACCESS TO AND USE OF THE PLATFORM. YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE PLATFORM OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

YOU ALSO AGREE THAT OPINIONS EXPRESSED BY A HEALTH CARE PROVIDER AND/OR PRACTITIONER IN CONNECTION WITH THE USE OF THE PLATFORM ARE NOT THAT OF COMPANY AND WILL NOT BE USED IN ANY LEGAL DISPUTE AGAINST COMPANY, INCLUDING BUT NOT LIMITED TO LITIGATION, ARBITRATION, CLAIM FOR DISABILITY BENEFITS, CLAIM FOR WORKER’S COMPENSATION AND/OR MALPRACTICE CLAIMS.

TERMS OF USE FOR CLIENT

1.          DEFINITIONS

For the purpose of these Terms, wherever the context so requires, the term:

1.1.      “Client(s)” or “User(s)” refers to individuals who seek medical treatment and use the Platform to connect with Health Care Provider and/or Practitioners;

1.2.      “Services” shall refer to a broad range of technology solutions offered by the Company via the Platform including but not limited to connecting Users (individuals and organisations) to Health Care Providers and/or Practitioners for medical support;

1.3.      “Health Care Provider Services” or “HCP Services” shall refer to a broad range of services provided by Health Care Providers and/or Practitioners on and through the Platform; and

1.4.      “Practitioners” refers to licensed medical practitioners associated with Health Care Provider who provide their professional services on and through the Platform and/or have listed themselves or by Health Care Provider on the Platform.

2.          ELIGIBILITY & AGE RESTRICTION

2.1.      If You represent an entity, organization, or any other legal person then You hereby confirm and represent that You have the necessary power and authority to bind such entity, organization, or legal person to these Terms.

2.2.      The Platform is open to individuals of all ages, including minors. However, minors under the age of 18 are required to register with the permission of their legal guardian or in accordance with the laws and regulations of their respective jurisdictions.

2.3.      Minors must obtain permission from their legal guardian or comply with relevant laws and regulations before registering on the Platform. By registering as a minor, you confirm that you have obtained the necessary consent from your legal guardian or complied with applicable laws and regulations.

2.4.      Failure to register with the permission of your legal guardian or in compliance with relevant laws and regulations renders you ineligible to use the Platform. In such cases, the Company and/or Healthcare Provider shall not be liable for any consequences arising from unauthorized use of the Platform by minors. The legal guardians of the minors shall remain responsible for the compliance to the provisions of these Terms.

2.5.      Individuals who are un discharged insolvents or declared to be of unsound mind are not permitted to use the Platform. Un discharged insolvents are individuals who have been declared insolvent by a court and have not been discharged from their debts. Persons of unsound mind are individuals who have been declared legally incompetent or incapable of managing their own affairs due to mental illness or incapacity.

2.6.      If you are an un discharged insolvent or a person of unsound mind, you are hereby notified that you are prohibited from using the Platform. The Company reserves the right to verify the eligibility of users and may take appropriate action to enforce this prohibition.

2.7.      By using the Platform, you acknowledge and agree that you are not an un discharged insolvent or a person of unsound mind, and you warrant that you meet the eligibility criteria outlined herein. Any violation of this caveat may result in the termination of your access to the Platform’s services.

3.          ACCEPTANCE OF TERMS

3.1.      The User is required to carefully read these Terms, as it contains the Terms governing the User’s use of the Platform and any Content that the Company may make available through the Platform about itself or its products or Services.

3.2.      The User shall not use the Platform if the User does not accept the Terms or is unable to be bound by these Terms.

3.3.      By merely accessing, using or browsing the Platform, Services and/or its Content on any medium, including but not limited to mobile phones, smartphones, and tablets, the User agrees to be legally bound by the Terms and by agreeing to this Terms, the User is entering into a legally binding contract with the Company and Health Care Provider and hereby represents and warrants that the User has validly entered into these Terms and has the legal power to do so.

3.4.      The User further represents and warrants that the User shall be solely responsible for the due compliance with these Terms. As such, the User shall indemnify and hold the Company, Health Care Provider and Practitioners harmless from and against any and all loss, costs, damages, liabilities and expenses (including attorney’s fees) incurred in relation to or arising from Your breach of the Terms.

3.5.      At any point during the Terms' duration, the Company reserves the right to add, modify, or remove any section of the Terms without giving notice. By using the Platform going forward and by purchasing or availing any Services, HCP Services, resources, or goods, the User and the Company and Health Care Provider enter into an obligatory legal agreement. The User is responsible for periodically reviewing the Terms. Continued use of the Platform following a revision of the Terms will be deemed acceptance of the revised Terms.

4.          OPENING AN ACCOUNT

4.1.      The Platform allows only limited and restricted access to the Services and/or Health Care Provider Services for unregistered Users.

4.2.      In order to use the Platform, as part of the sign-up process, the User will have to create an account on the Platform (“User Account”), which can be done by signing up through mobile number and one time password (OTP) or through such other means as may be indicated by the Platform from time to time.

4.3.      While signing-up to use the Platform, the User shall not:

4.3.1.      create a User Account for anyone other than the User, unless such person's prior permission has been obtained (upon request the User shall be liable to submit such person’s permission to the Company);

4.3.2.      use a User Account that is the name of another person with the intent to impersonate that person; or

4.3.3.      create more than one User Account on the Platform.

4.4.      Subject to Clause 4.3.1, the User may create different profiles under their single User Account for immediate family members (such as spouse, children, or parents), provided that prior permission has been obtained from each family member. The User shall be responsible for ensuring that each family member complies with the terms and conditions of this Agreement.

4.5.      The User acknowledges and agrees that they are solely responsible for any actions undertaken using the profiles created for family members under their User Account, and the Company and/or Health Care Provider shall not be liable for any unauthorized or improper use of such profiles.

4.6.      The Company and/or Health Care Provider shall not be liable for any loss or damage arising from the User’s failure to comply with this Clause/Terms.

4.7.      The User hereby confirms and undertakes that the information provided by the User while signing-up is and will be true, accurate, up-to-date, and complete at all times. The User agrees that if the User provides any information to the Company that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, the Company shall have the right to indefinitely suspend or terminate or block access to the User Account on the Platform and refuse to provide the User access to the Platform.

4.8.      Once registered, the User can log in to the User Account by using the mobile number provided at the time of signing-up and OTP sent on such registered mobile number.

4.9.      The User understands that once the User registers as a user on the Platform, the User may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, Instagram, Telegram and phone calls from the Company and/or Health Care Provider on the registered mobile number and the User may receive e-mails on the User’s registered e-mail address. These messages, e-mails and calls could relate to the User’s registration, transactions that the User carries out through the Platform and promotions that are undertaken by the Company and/or Health Care Provider. The User, hereby, by way of accepting these Terms consents to the receipt of such communication from the Company and/or Health Care Provider.

5.          INTERACTIONS WITH PRACTITIONERS

5.1.      The Users will be able to schedule and book sessions with the Practitioners of their choice as per the available timeslots, on the Platform. The sessions can be undertaken online or offline, as per the Client’s choice. Users may have access to teleservices, including call-based, video-based, and/or text-based services to connect and interact with the Practitioners on and through the Platform.

5.2.      The User shall refrain from asking the Practitioner personal questions or seeking advice on matters that are not related to a specific disease, medicine, or medical condition.

5.3.      The Users are prohibited from employing offensive language in their communications with the Practitioners. In the event that a Practitioner reports any form of abuse by a User, the Company retains the right to terminate the User's access to the Service and/or HCP Services and may decline to provide further Services and/or HCP Services to said User. The Company and/or Health Care Provider is under no obligation to entertain or grant any refund requests pertaining to consultation fees remitted to the Health Care Provider by such User.

5.4.      Users may furnish feedback regarding their interactions with the Practitioner, but they are responsible for ensuring that such feedback complies with relevant legal requirements and terms and conditions of this Terms. Users acknowledge and agrees that the Company and/or Health Care Provider shall not be under any obligation to publish the feedback, take specific actions, such as delisting a particular Practitioner from the Platform, in response to the content of User feedback.

6.          USER DATA; USER CONTENT.

6.1.      User Data. We will request that, in order to register Your User Account and to access and use the Services and/or HCP Services, You submit and store certain data and other information related to You, including personal information and Your health information (collectively, “User Data”). You own all right, title and interest (including all intellectual property rights) in and to Your User Data. You hereby grant us a revocable (but only under these Terms), limited, world-wide, non-exclusive, royalty-free right to use Your User Data solely for the purposes set forth herein and in the Privacy Policy and share such User Data with Health Care Provider and/or the Practitioners on the Platform.

6.2.      User Content. As used herein, “User Content” means any text, images, photos, audio, video, location data, and all other forms of data or communication, excluding User Data, that You submit or transmit to, through, or in connection with the Services and/or HCP Services, that You display publicly or to a group of individuals within the Services and/or HCP Services other than Company’s and/or Health Care Service Provider’s employees, contractors, on and through the Platform. You represent and warrant that You own or control all rights to Your User Content and hereby irrevocably grant the Company world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your User Content for any lawful purpose. By “use” We mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyse, commercialize, and prepare derivative works of Your User Content. Finally, You irrevocably waive, and cause to be waived, against the Company, Health Care Provider and its other Users any claims and assertions of moral right or attribution with respect to Your User Content. We and/or Health Care Provider are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or Platform other policies, (i) to maintain Your User Content in confidence; (ii) to pay You any compensation for any User Content; (iii) to credit or acknowledge You for Your User Content; or (iv) to respond to Your User Content.

6.3.      Responsibility for User Data and User Content. You acknowledge that Company and/or Health Care Provider does not manage or control the content of User Data and/or User Content that You access, store or distribute through the Services and/or HCP Services, and You will be solely responsible for Your User Data and User Content and the consequences of sharing it hereunder. You are solely responsible for such User Data and/or User Content and Company and/or Health Care Provider makes no warranty with respect to and accepts no responsibility or liability for information you may access, store or distribute through the Services, regardless of whether such User Data and/or User Content is transmitted to or by You in breach of these Terms. By submitting User Data and User Content to Company and/or Health Care Provider, You hereby grant, and represent and warrant that You have all rights necessary to grant, all rights and licenses to the User Data and User Content required for Company and its subcontractors and service providers to provide the Services and/or Health Care Provider.

6.4.      De-Identified Data. Except where expressly prohibited, Company shall be permitted and have full rights and authority to convert User Data into de-identified and aggregated data and to collect and analyse anonymized information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Data and data derived therefrom which cannot identify the concerned individual personally) (collectively, “De-identified Data”), to the fullest extent permitted by applicable law. Company shall have sole ownership and rights over all De-identified Data except as otherwise explicitly provided for in these Terms or the applicable agreement. Notwithstanding anything to the contrary herein, Company may (during and after the term hereof) (i) use such De-identified Data to improve and enhance the Services, to conduct research, such as case studies and academic research, and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings to the extent permitted by applicable law, and (ii) disclose De-identified Data in connection with its business to the extent permitted by applicable law, including, for example and without limitation, to: (a) track the number of users on an anonymized aggregate basis as part of Company’s marketing efforts to publicize the total number of Users of the Services; (b) analyze aggregated usage patterns for product development efforts; or (c) use De-identified Data to develop further analytic frameworks, application tools, and to conduct research.

6.5.      Restrictions on Company’s Use of Data. Company will not (i) use Your User Data or (ii) sell Your User Data to or share it with any third parties: (a) for any purpose other than providing the Services to You; (b) except as explicitly provided herein or in Company’s Privacy Notice[KG2] ; and (c) except as necessary to comply with our obligations under these Terms and applicable laws. Please see the Privacy Notice for further information on the restrictions placed on Company’s use of Your User Data.

6.6.      Ideas. You may choose to or We may invite You to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that, notwithstanding anything to the contrary herein, We are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than You. Notwithstanding anything to the contrary, the Company shall be the sole owner of any Ideas provided by You to the Company, so long as they relate to the Service, and You hereby assign to the Company, without limitation of any kind, all of its rights, titles and interests therein, the Company accepting such assignment. At Company’s reasonable request and expense, You will complete and execute all necessary documents and take such other actions as Company may reasonably require in order to assist Company to acquire, develop and maintain Company’s intellectual property in the Ideas.

7.          RECORDS

7.1.      Platform may provide Users with a free facility known as ‘Records’ on the Platform. Information available in your Records is of two types:

(a)   User-created: Information uploaded by You or information generated during Your interaction with Platform ecosystem.

(b)   Practitioner-created: Health records generated by Your interaction with a Practitioner by the Practitioner and/or its staff, employees.

7.2.      Your Records is only created after You have signed up and explicitly accepted these Terms.

7.3.      Any Practitioner-created health record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Platform does not validate the said information and makes no representation in connection therewith, with prior approval of the Practitioner. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the health record in any manner.

7.4.      The health records are provided on an as-is basis. While We strive to maintain the highest levels of service availability, Company shall not liable for any interruption that may be caused to Your access of the Services.

7.5.      The reminder provided by the Records is only a supplementary way of reminding You to perform Your activities as prescribed by Your Practitioner. In the event of any medicine reminders provided by Platform, You should refer to Your prescription before taking any medicines. Company shall not be liable if for any reason reminders are not delivered to You or are delivered late or delivered incorrectly, despite its best efforts. In case You do not wish to receive the reminders, You can switch it off through the Platform.

7.6.      It is Your responsibility to keep Your correct mobile number and email ID updated in the records. The health records will be sent to the records associated with this mobile number and/or email ID. Every time You change any contact information (mobile or email), we will send a confirmation. Platform is not responsible for any loss or inconvenience caused due to Your failure in updating the contact details with Platform.

7.7.      Company uses industry–level security and encryption to your health records. However, Company does not guarantee to prevent unauthorized access if You lose Your login credentials or they are otherwise compromised. In the event You are aware of any unauthorized use or access, You shall immediately inform Company of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to tech@pristineeyehospitals.com.

7.8.      If you access your dependents’ health records by registering Your dependents with Your own records, you are deemed to be responsible for the health records of Your dependents and all obligations that Your dependents would have had, had they maintained their own separate individual records. You agree that it shall be your sole responsibility to obtain prior consent of Your dependent and shall have right to share, upload and publish any sensitive personal information of Your dependent. Platform assumes no responsibility for any claim, dispute or liability arising in this regard, and You shall indemnify Platform and its officers against any such claim or liability arising out of unauthorized use of such information.

7.9.      In case You want to delete Your records, You can do so by contacting Our service support team. However, only Your User Account and any associated health records will be deleted, and Your health records stored by Your Practitioners will continue to be stored in their respective accounts.

7.10.   You may lose Your “User-created” record, if the data is not synced with the server.

7.11.   If the health record is unassessed for a stipulated time, You may not be able to access Your health records due to security reasons.

7.12.   Company shall not liable if, for any reason, health records are not delivered to You or are delivered late despite its best efforts.

7.13.   Company is not responsible or liable for any content, fact, health records, medical deduction or the language used in your health records whatsoever. Your Practitioner is solely responsible and liable for Your health records and any information provided to Us including but not limited to the content in them.

7.14.   Platform has the ability in its sole discretion to retract health records without any prior notice if they are found to be shared incorrectly or inadvertently.

7.15.   Company will follow the law of land in case of any constitutional court or jurisdiction mandates to share the health records for any reason.

7.16.   You agree and acknowledge that Platform may need to access the health record for cases such as any technical or operational issue of the User in access or ownership of the records.

7.17.   You acknowledge that the Health Care Provider and/or Practitioners You are visiting may engage Platform's software or third party software for the purposes of the functioning of the Practitioner’s business and Platform's services including but not limited to the usage and for storage of records in India, in accordance with the applicable laws.

7.18.   To the extent that your records have been shared with Platform or stored on any of the Platform products used by Health Care Provider and/or Practitioner’s You are visiting, and may in the past have visited, You hereby agree to the storage of Your records by Platform pertaining to such previously visited Practitioners, clinics and hospitals who have tie ups with Platform for the purposes of their business and for Platform's services including but not limited to the usage and for storage of records in India and outside India, in accordance with the applicable laws and further agree, upon creation of Your account with Platform, to the mapping of such records as may be available in Platform’s database to Your User Account.

8.          ACCOUNT CONFIDENTIALITY OBLIGATIONS

8.1.      The User agrees that the sole responsibility of maintaining the security and confidentiality of the User login credentials rests with the User at all times. The User shall not share their User login credentials with any third party and the Company and/or Health Care Provider shall not be liable for any loss or damage arising from such breach.

8.2.      The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the User Account.

8.3.      The User is solely responsible for all activities that occur under the User Account and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.

8.4.      In no event and under no circumstances shall the Company and/or Health Care Provider be held liable for any liabilities or damages resulting from or arising out of the User’s use of the Platform or the User login credentials, theft of the User login credentials or release by the User of the User login credentials to a third party, or the User’s authorization to allow another person to access and use the Platform using the User Account.

8.5.      The User agrees to (a) immediately notify the Company of any misappropriation or unauthorised use of the User Account or any other breach of security via. the registered e-mail address that was used at the time of signing-up or in such other manner as may be indicated by the Company; and (b) exit from the User Account at the end of each session. The Company and/or Health Care Provider cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Clause. The User may be held liable for losses incurred by the Company and/or Health Care Provider or any user or visitor of the Platform due to authorised or unauthorised use of the User Account, as a result of the User’s failure in keeping the User login credentials confidential.

9.          USE OF THE PLATFORM

9.1.      The Company and/or Health Care Provider shall not be held liable in any way for the authenticity of any personal information, sensitive personal data, or information supplied by the User to the Company and/or Health Care Provider or any other person acting on its behalf.

9.2.      If a User provides any information that is false, inaccurate, out of date, or incomplete (or becomes false, inaccurate, out of date, or incomplete), or the Company and/or Health Care Provider has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, the Company and/or Health Care Provider reserves the right to terminate the Services or HCP Services to the User at its sole discretion.

9.3.      The User agrees, undertakes and covenants that, during the use of the Platform, the User shall not host, display, upload, modify, publish, transmit, update or share any information that:

9.3.1.      belongs to another person or entity and to which the User does not have any right;

9.3.2.      is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, sensational, gory,  depicting violence or threats of violence,  or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

9.3.3.      could be construed as divisive/stereotyping should be avoided if it could be interpreted as ‘hateful’ (Gender exclusive content is excluded from this, provided it is positive);

9.3.4.      is misleading in any way;

9.3.5.      involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

9.3.6.      infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity;

9.3.7.      contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status. However, pro-equality content, particularly for gender and sexuality shall be permissible;

9.3.8.      provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses;

9.3.9.      provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;

9.3.10.   tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;

9.3.11.   engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;

9.3.12.   exploits controversial political or social issues for commercial purposes;

9.3.13.   interferes with another user’s use of the Platform;

9.3.14.   refers to any website or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms;

9.3.15.   deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

9.3.16.   serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;

9.3.17.   contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

9.3.18.   contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

9.4.      The User agrees and acknowledges that (a) the User shall not use the Platform for any illegal or unauthorized purpose; and (b) the User’s use of any information or materials on the Platform is entirely at the User’s own risk, for which the Company and/or Health Care Provider shall not be liable.

9.5.      The User agrees to comply with all laws, rules and regulations applicable to the use of the Platform. The User further agrees and acknowledges that the User shall use the User Account on the Platform to only avail Services provided to the User by the Company and/or HCP Services provided by to the User by the Health Care Provider and not for any commercial exploitation.

9.6.      The User shall not use anyone else’s account at any time and the Company and/or Health Care Provider shall not be liable for any claims arising out of such authorised or unauthorised use.

9.7.      The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the User’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.

10.       PAYMENT FACILITY

10.1.   The Platform may permit payment via various modes, including online payments through debit cards, unified payments interface (UPI), NEFT and internet banking (“Payment Mode”). Please note that payments made through any Payment Mode are operated and processed by third-party payment gateway service providers engaged by the Platform from time to time. You agree and acknowledge that the Company and/or Health Care Provider bears no responsibility for payments made through any Payment Mode to avail the Services and/or HCP Services through this Platform. Further, the User hereby agrees to comply with any other additional terms and conditions that may be prescribed by the third-party payment gateway service providers for processing the online payments made by You on the Platform. The User understand, accept and agree that the payment facility provided by the Platform is neither a banking nor financial service. Further, User acknowledges and agrees that in addition to fees/consideration payable by User for availing the Services and/or HCP Services on the Platform (inclusive of applicable taxes), the User will also be required to pay the applicable payment gateway service charges (if any) for each transaction that User make on the Platform.

10.2.   While availing any of the Payment Mode/s available on the Platform, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Client due to:

10.2.1.   Lack of authorization for any transaction(s);

10.2.2.   Exceeding the pre-set limit mutually agreed by the Client and between bank/s;

10.2.3.   Any payment issues arising out of the transaction;

10.2.4.   Rejection of transaction for any other reason(s) whatsoever.

10.3.   The User acknowledges and agrees that the Platform will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of the Platform.

10.4.   Though the Platform has undertaken utmost care to provide secure payment system, the User acknowledge and agrees that all online payment systems are susceptible to hacking, virus attacks, malfunction.

10.5.   All payments made against the appointment booking, Health Care Provider fees, purchases on the Platform by the User may be made in such currencies as indicated on the Platform. It is expressly clarified that the Company will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Platform.

10.6.   The User acknowledges that the Company and/or Health Care Provider will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of the Company and/or Health Care Provider.

10.7.   The payment facility provided on this Platform is facilitated by a third-party service provider. Any payment made through the Platform shall be subject to the terms and conditions of the third-party service provider. The Company and/or Health Care Provider shall not be responsible or liable for any errors, delays, or issues arising from the use of the third-party payment service.

11.       DISCLAIMER OF WARRANTIES

11.1.   The Services provided by Company or any of affiliates are provided “as is” and “as available” with no express or implied warranties or conditions (including implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement arising by statute or otherwise in law or from a course of dealing or usage or trade). The Company makes no express or implied representation, warranty, or guarantee about the Platform or the Services. The Company makes no representations as to the accuracy or completeness of any content or information provided by Users on the Platform.

11.2.   The Company does not provide direct medical or therapeutic services. Health Care Provider and/or Practitioners and Users are solely responsible for their interactions and the services they choose to engage in on the Platform.

11.3.   The User acknowledges and agrees that any interactions and related concerns involving Health Care Provider and/orPractitioners on the Platform are exclusively the responsibility of the User and Health Care Provider and/or Practitioners. The User shall refrain from holding the Company accountable for any such interactions and associated matters. Neither the Company nor the Health Care Provider and/or Practitioners assumes responsibility for any outcomes resulting from a User’s interactions. In the event that a User chooses to engage a Practitioners to receive HCP Services, the User does so at their own discretion and accepts the associated risks. The Services, content, and all materials, information, products, and services contained therein are provided on an ‘as is’ and ‘as available’ basis, without any warranties of any nature.

11.4.   The Company does not endorse, recommend, or guarantee the quality, safety, efficacy, or suitability of any HCP Services provided by Health Care Provider and/or Practitioners. The choice of a Practitioner and the outcome of any therapeutic or medical treatment are the sole responsibility of the User. The Company shall not be held liable for any dissatisfaction, harm, or other consequences resulting from the use of HCP Services.

11.5.   The Company and its affiliates expressly disclaim all warranties of any kind, express, implied, or statutory, relating to the Services and content.

11.6.   The Company and its affiliates make no guarantees about the performance, security, timeliness, accuracy, or reliability of the Services, or that there will be no errors or that they will be fixed. Any advice or information that breakthrough gives You won’t establish a warranty outside of what is specifically mentioned in this Terms.

11.7.   The use of the Platform does not create a professional or medical relationship between the Company and User. Users are responsible for engaging in any necessary agreements or relationships directly with Health Care Provider and/orPractitioners.

11.8.   We disclaim all liability and make no representations regarding the accuracy of the Services, including but not limited to any information made available through the Services or its applicability to Your particular situation.

11.9.   THE USER HEREBY AGREES AND UNDERSTANDS THAT THE COMPANY IS MERELY FACILITATING CONNECTION AND INTERACTION BETWEEN THE USER AND THE HEALTH CARE PROVIDERS AND/OR THE PRACTITIONERS AND THEREFORE HAS NO LIABILITY FOR ANY LOSS, DAMAGE, COST OR LIABILITIES INCURRED BY THE USER AS A RESULT OF ITS INTERACTION, CONNECTION, RELATIONSHIP OR ENGAGEMENT WITH THE HEALTH CARE PROVIDER AND/OR THE PRACTITIONERS.

12.       LIMITATION OF LIABILITY

12.1.   The Company, Health Care Provider and/or Practitioners shall also not liable under any circumstance for damages arising out or related in any way to the User’s inability to access, or the User’s difficulty in accessing the Platform, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of the User’s data or content from the Services, the User’s failure to keep the User login credentials secure and confidential.

12.2.   The Company, Health Care Provider and/or Practitioners shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-parties accessed through the Platform

12.3.   In no event, including but not limited to negligence, shall the Platform or the Company, Health Care Provider or any of its directors, officers, employees, agents or content or service providers 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 Platform or the Content, materials and functions related thereto, the Services, User’s provision of information via the Platform, lost business or lost profits, even if the Company and/or Health Care Provider has been advised of the possibility of such damages.

12.4.   In no event shall the total aggregate liability of the Company to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Terms or a User’s use of the Platform or the Services exceed, in the aggregate Rs. 500/- (Rupees Five Hundred Only).

13.       INDEMNIFICATION

The User shall indemnify and hold harmless the Company and/or Health Care Provider, affiliates, subsidiaries, group companies (as applicable), and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions, including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy, and other policies, or the User’s violation of any law, rules, or regulations, or the rights (including infringement of any intellectual property rights) of a third party.

14.       CONTENT AND INTELLECTUAL PROPERTY RIGHTS

14.1.   Other than the trademarks, logos and service marks displayed on the Platform that are the property of the third parties, the Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s proprietary Platform and/or the Services provided on the Platform and Contents and is protected under Indian laws.

14.2.   Through the User’s use of the Platform, by no means are any rights impliedly or expressly granted to the User in respect of such Services and Contents. The Company reserves the right to change or modify the Services and/or the Contents (as the case may be) from time to time at its sole discretion.

14.3.   The User hereby acknowledges that the Contents and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. The User hereby agrees to protect the proprietary rights of the Company during and after the term of these Terms. The User may not selectively download portions of the Platform without retaining the copyright notices. The User may download material from the Platform only for the User’s own personal use and for no commercial purposes whatsoever.

14.4.   Any infringement shall lead to appropriate legal proceedings against the User at appropriate forum for seeking all available remedies under applicable laws of the country.

15.       PRIVACY POLICY

Usage of our Platform or online resources is subject to the Privacy Policy of the Company. Please read the Privacy Policy carefully. The Company reserves the right to add, change, or remove sections from the Privacy Policy without notice or liability to any third party.

16.       THIRD PARTY WEBSITES

We may include goods and services from third-party providers on Our Platform during the term of the Terms. It is assumed that the User has read, comprehended, and consented to the terms and conditions of the relevant third-party provider by using such products or services. The use of such third-party products, services, goods, resources, content, or any other transactions made in connection with any third-party websites shall not subject Company to any risk, damage, or liability. Questions, claims, grievances, or complaints about products from third parties should be addressed to the third party.

17.       TERMINATION OF ACCESS TO SERVICES

17.1.   The Account can be terminated at any time by:

17.1.1.   the User, by ceasing to use the Platform; or by

17.1.2.   the Company, upon any request received from the Health Care Provider and/or the Practitioner; or by

17.1.3.   the Company in its sole discretion, for any reason or no reason including the User’s violation of these Terms or lack of use of Services.

17.2.   The User acknowledges that the termination of Services may come into effect without any prior notice, and the Company shall thereafter, immediately deactivate or delete the User Account and all related information and/or bar any further access to the User Account or the Services.

17.3.   The User agrees that the Company shall not be liable for any discontinuation or termination of services by any third party.

17.4.   The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

18.       SEVERABILITY

In the event that any provision of the Terms is determined to be invalid or unenforceable under the relevant law by a court of competent jurisdiction or an arbitral tribunal, said provision shall be deemed excluded from the Terms. The remaining part of the Terms shall be construed as if such provision had been excluded and shall be enforceable in accordance with its original terms. However, in such a scenario, the Terms shall be construed in a manner that preserves its intended legal effect.

19.       WAIVER

No provision of this Terms shall be considered waived, and no breach shall be excused, unless such waiver or consent is in writing and signed by the Company. Any consent granted by the Company or any waiver of a breach by You, whether expressed or implied, shall not be construed as consent to, waiver of, or excuse for any other distinct or subsequent breach.

20.       GOVERNING LAW

20.1.   The parties agree that this Terms and any contractual obligation between the Company and the User will be governed by the laws of India.

20.2.   The courts at Hyderabad, Telangana, India shall have exclusive jurisdiction over any disputes arising out of or in relation to this Terms.

20.3.   In the event of any dispute arising out of this Policy, the same shall be settled by binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Hyderabad, Telangana, India.

21.       GRIEVANCE REDRESSAL

The Company has established a Grievance Redressal Forum to address the Users' grievances. If You are unhappy with any aspect of Our Services, please contact Our Grievance Redressal Officer, the details of which is provided below:

Name: Tushar Srivastava

Address: International House, 64 Nile Street, London, N1 7SR

Cell: +91 90051 26669

E-mail: tushar@novocuris.com