Health Check India Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BY ACCESSING OR USING THIS INTERNET BASED PLATFORM AND THE SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM OR AVAIL ANY SERVICES PROVIDED THROUGH THIS INTERNET BASED PLATFORM.

GENERAL TERMS OF USE
A. The domain name www.healthcheckindia.com, an internet based portal, the healthcheckindia android app and iOS app, are owned and operated by healthcheckindia Services Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as “healthcheckindia” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as the “Website”.

B. Your access or use of the Website, transacting on the Website and use of Services (as defined herein below) hosted or managed remotely through the Website, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), including the applicable policies which are incorporated herein by way of reference. These Terms of Use constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or “Customer” or the “User”) on one part and healthcheckindia on the other Part.

C. By accessing, browsing or in any way transacting on the Website, or availing any Services, You signify Your agreement to be bound by these Terms of Use. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy (as set out in Part B herein below), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Website, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use. However, if You navigate away from the Website 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 website will govern Your use of that website.

D. The Website is a platform that facilitates (i) online purchase of pharmaceutical products sold by various Third-Party Medicine Vendor and manufactures (“Third-Party Medicine Vendor”); (ii) diagnostic services being offered by various Third-Party diagnostic centres (“Third-Party Labs”); (iii) online medical consultancy services/ second opinion / family doctor being offered by Third-Party independent doctors (“Medical Experts”); (iv) Nursing services provided by Third-Party independent nursing professionals at your home (“Nursing Professionals”); (v) Medical facilitation services provided by healthcheckindia Services Private Limited (“Medical Facilitation”); (vi) Wellness Services such as yoga, physiotherapy, diet consultation, Zumba etc. provided by Third-Party independent professionals (“Wellness Professionals”); (vii) Electronic health record services provided by healthcheckindia Services Private Limited (“EHR Services”); (viii) Health insurance buying advise through IRDA registered intermediaries (Third-Party Broking Services) and (ix) online advertisements, including for insurance services, of various sponsors advertising and marketing their own good and services (“Third-Party Advertising Entities”). The Third-Party Medicine Vendor, Third-Party Labs, Medical Experts, Nursing Professionals, Wellness Professionals, Third-Party Broking Services and the Third-Party Advertising Entities are collectively referred to as the “Third-Party Service Providers”. Further the Website also serves as an information platform providing health and wellness related information to the Users accessing the Website (The services of Third-Party Services Provider, Medical Facilitation, EHR Services and the information services are collectively referred to as the “Services”).

E. The arrangement between the Third-Party Service Providers, You and healthcheckindia shall be governed in accordance with these Terms of Use. The Services would be made available to such natural persons who have agreed to use the Website after obtaining due registration, in accordance with the procedure as determined by Us, from time to time. The Services are offered to You through various modes which shall include issue of CH Wallet, discount coupons and vouchers that can be redeemed for the Services offered for sale on the Website. To facilitate the relation between You and the Third-Party Service Providers through the Website, healthcheckindia shall send to You promotional content including but not limited to emailers, notifications and messages and may share your contact data with the Third-Party Service Providers.

F. You agree and acknowledge that the Website is a platform that You and Third-Party Service Providers utilize to meet and interact with another for their transactions. healthcheckindia is not and cannot be a party to or save as except as may be provided in these Terms of Use, control in any manner, any transaction between You and the Third-Party Service Providers.

G. healthcheckindia reserves the right to change or modify these Terms of Use or any policy or guideline of the Website including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website.

H. As a condition to Your use of the Website, You must be 18 (eighteen) years of age or older to use or visit the Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to healthcheckindia that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

I. These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but limited to:

       i.               the Indian Contract Act, 1872 (“Contract Act”);

      ii.              the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Guidelines”);

    iii.              the Drugs and Cosmetic Act, 1940 (“Drugs Act”), read with the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”);

    iv.               the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”);

      v.               The Indian Medical Council Act, 1956 read with the Indian Medical Council Rules, 1957;

    vi.               Pharmacy Act, 1948 (“Pharmacy Act”) and

   vii.              the Consumer Protection Act, 1986.

J. healthcheckindia authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains Third-Party Service Providers’ content (“Third-Party Content”) as well as in-house content provided by healthcheckindia including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“healthcheckindia Content”) (collectively, “Content”). The Content is the property of healthcheckindia, or Third-Parties as applicable and is protected under copyright, trademark and other applicable law(s). You shall not modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

K. Compliance with these Terms of Use would entitle You to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

L. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

ELIGIBILITY FOR USE OF WEBSITE AND / OR SERVICES

A. For the purposes of availing the Services and/or transacting with the Third-Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by healthcheckindia in this regard. As part of the registration process, healthcheckindia may collect the following personal information from You:

       i.               Name;

      ii.              User ID;

    iii.              Email address;

    iv.               Address (including country and ZIP/ postal code);

      v.               Gender;

    vi.               Age;

   vii.              Phone number;

 viii.              Password chosen by the User;

    ix.               Valid financial account information; and

      x.               Other details as You may volunteer.

B. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to healthcheckindia that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.

C. A registered id can only be utilized by the person whose details have been provided and healthcheckindia does not permit multiple persons to share a single log in/ registration id. However, a registered user, being either the parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind or being authorised by another natural person, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.

D. Organizations, companies, and businesses may not become registered members on the Website, unless authorised to do the same by Us or use the Website through individual members.

E. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify healthcheckindia if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

F. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by healthcheckindia for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, healthcheckindia may allow authorized third parties to place or recognize a unique cookie on the Your browser. healthcheckindia does not store personally identifiable information in the cookies.

TERMS AND CONDITIONS FOR SALE AND DELIVERY OF MEDICINES

A. Platform to facilitate transaction of business:

                     i.               Through the Website, healthcheckindia facilitates the purchase of drugs and other pharmaceutical products, medical equipment, and services offered for sale by Third-Party Medicine Vendor or authorised sellers (“Pharmaceutical Goods and Services”). You understand and agree that healthcheckindia and the Website merely provide hosting services to You and persons browsing / visiting the Website. All items offered for sale on the Website, and the content made available by the Third-Party Medicine Vendor, are Third-Party user generated content and Third-Party products. healthcheckindia has no control over such Third-Party user generated content and/ Third-Party products and does not - originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The authenticity and genuineness of the Pharmaceutical Goods and Services made available by the Third-Party Medicine Vendor through the Website shall be the sole responsibility of the Third-Party Medicine Vendor. You understand and agree that healthcheckindia shall have no liability with respect to the authenticity of the Pharmaceutical Goods and Services being facilitated through the Website.

                    ii.              You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Goods and Services are offered by and agreed to between You and the Third-Party Medicine Vendor and the contract for purchase of any of the Pharmaceutical Goods and Services, offered for sale on the Website by the Third-Party Medicine Vendor shall strictly be a bipartite contract between the Third-Party Medicine Vendor and You.

                  iii.              The commercial / contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Pharmaceutical Goods and Services offered for sale by the Third-Party Medicine Vendor, and after sales services related to such Pharmaceutical Goods and Services. healthcheckindia does not have any control over, and does not determine or advise or in any way involve itself in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the Third-Party Medicine Vendor.

B. Representation as to legal title

                     i.               healthcheckindia does not make any representation or warranty as to legal title of the Pharmaceutical Goods and Services offered for sale by the Third-Party Medicine Vendor on the Website. At no time shall any right, title, claim or interest in the products sold through or displayed on the Website vest with healthcheckindia nor shall healthcheckindia have any obligations or liabilities in respect of any transactions on the Website. You agree and acknowledge that the ownership of the inventory of such Pharmaceutical Goods and Services shall always vest with the Third-Party Medicine Vendor, who are advertising or offering them for sale on the Website and are the ultimate sellers.

                    ii.              You agree and acknowledge that the Third-Party Medicine Vendor shall be solely responsible for any claim/ liability/ damages that may arise in the event it is discovered that such Third-Party Medicine Vendor do not have the sole and exclusive legal ownership over the Pharmaceutical Goods and Services that have been offered for sale on the Website by such Third-Party Medicine Vendor, or did not have the absolute right, title and authority to deal in and offer for sale such Pharmaceutical Goods and Services on the Website.

C. Non-Performance of Contract

You accept and acknowledge the following:

                     i.               healthcheckindia is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Third-Party Medicine Vendor for purchase and sale of goods or services offered by such Third-Party Medicine Vendor on the Website;

                    ii.              healthcheckindia cannot and does not guarantee that the concerned Third-Party Medicine Vendor will perform any transaction concluded on the Website;

                  iii.              The Third-Party Medicine Vendor(s) are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale on the Website are kept in stock for successful fulfilment of orders received. Consequently, healthcheckindia is not responsible if the Third-Party Medicine Vendor(s) does not satisfy the contract for sale of Pharmaceutical Goods and Services which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and

                  iv.               healthcheckindia shall not and is not required to mediate or resolve any dispute or disagreement between You and Third-Party Medicine Vendor. In particular, healthcheckindia does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website.

                    v.               Any liability of healthcheckindia for any failure of any Third-Party Service Provider shall be restricted to the amount paid by you towards availing and your sole recourse for any failure to provide any Service by any Third-Party Service Provider shall be for a refund of any amounts already paid by you for such Service

D. Exhibition of drugs and publication of Third-Party Medicine Vendor content on the Website

                     i.               You agree and acknowledge that the respective Third-Party Medicine Vendor are exhibiting Third-Party Content which includes catalogue of drugs/ pharmaceutical products or services, and information in relation to such drugs/ pharmaceutical products or services, on the Website.

                    ii.              The Third-Party Content available on the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for general information purposes only and does not constitute either an advertisement/ promotion of any drug being offered for sale by the Third-Party Medicine Vendor on the Website or any professional medical advice, diagnosis, treatment or recommendations of any kind.

                  iii.              You acknowledge and agree that such Third-Party Medicine Vendor shall be solely responsible for ensuring that such Third-Party Content made available regarding the Pharmaceutical Goods and Services offered for sale on the Website, are not misleading and describe the actual condition of the Pharmaceutical Goods and Services. In this connection, it is solely the responsibility of the concerned Third-Party Medicine Vendor(s) to ensure that all such information is accurate in all respects and there is no exaggeration or over emphasis on the specifics of such Pharmaceutical Goods and Services so as to mislead the Users in any manner. You acknowledge and understand that healthcheckindia provides no warranty or representation with respect to the authenticity/ veracity of the information provided on the Website and You must run Your own independent check. You agree and acknowledge that healthcheckindia has not played any role in the ascertainment of the actual impact/ effect of any Pharmaceutical Goods and Services being offered for sale by the Third-Party Medicine Vendor on the Website. Further, it is hereby clarified that the Third-Party Medicine Vendor are offering the Pharmaceutical Goods and Services for sale to You and they are responsible for procuring the appropriate licenses for the same under the Drugs Act read with the Drug rules and the Pharmacy Act. You agree and acknowledge that You shall not hold healthcheckindia responsible or liable for any damages arising out of such reliance on Third-Party user generated content by You.

E. Prescription Drugs

                     i.               The Website is a platform that can be used by the Users to purchase various drugs and pharmaceutical products that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicine (“Prescription Drugs”), offered for sale on the Website by Third-Party Medicine Vendor. In order to purchase Prescription Drugs from Third-Party Medicine Vendor through the Website, You are required to upload a scanned copy of a valid prescription on the Website or email the same to healthcheckindia. The order would not be processed and forwarded to the concerned Third-Party Medicine Vendor(s) by healthcheckindia until it receives a copy of a valid prescription. Third-Party Medicine Vendor will verify the prescription forwarded by You and in case the Third-Party Medicine Vendor(s) observe any discrepancy in the prescription uploaded by You, the Third-Party Medicine Vendor(s) will cancel the order immediately. You are also required to make the original prescription available at the time of receipt of delivery of Prescription Drugs. If required by lawYou shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.

                    ii.              You authorise healthcheckindia to maintain a record of all the prescriptions uploaded by You and to also include it in the EHR Services.

F. Substitution of Prescribed Drugs

                     i.               You acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug and this fact is explicitly mentioned in the prescription or if the prescription solely lists the salt names instead of a specific brand name.

                    ii.              You further acknowledge and accept that, in the absence of the above, the concerned Third-Party Medicine Vendor would not dispense a substitute drug in place of the Prescription Drug.

G. Invitation to offer for sale

                     i.               Notwithstanding anything else contained in any other part of these Terms of Use, the listing of drugs and other pharmaceutical products on the Website by the Third-Party Medicine Vendor is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third-Party Medicine Vendor (“Offer”). Post the Offer from the Third-Party Medicine Vendor, healthcheckindia shall send an email to You with the information on the Offer along with the details of the concerned Third-Party Medicine Vendor(s) who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third-Party Medicine Vendor(s) after the validation/ verification of the prescription by such Third-Party Medicine Vendor (in case of Prescription Drugs) and the ascertainment of the available stock in the relevant Third-Party Medicine Vendor(s) (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You.

                    ii.              For the avoidance of any doubt, it is hereby clarified that any reference of the term ‘offer/ offered for sale by the Third-Party Medicine Vendor’, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such Third-Party Medicine Vendor.

                  iii.              Transfer of Property and Completion of Sale

                  iv.               Upon acceptance of the Offer by the concerned Third-Party Medicine Vendor, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist of the Third-Party Medicine Vendor, wherever required under the applicable law(s).

                    v.               You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned Third-Party Medicine Vendor. Accordingly, the sale of Pharmaceutical Drugs and Services is done by the concerned Third-Party Medicine Vendor itself.

                  vi.               The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the Third-Party Medicine Vendor which is to process and satisfy the order for such Pharmaceutical Drugs and Services.

H. Delivery of Drugs

                     i.               The Pharmaceutical Drugs and Services shall be delivered by the Third-Party Medicine Vendor or independent contractors. You accept and acknowledges that the Third-Party Medicine Vendor or such other transporter/ courier/ delivery personnel, engaged by the Third-Party Medicine Vendor or healthcheckindia, shall be independent contractors in-charge of the delivery of the Pharmaceutical Drugs and Services from the concerned Third-Party Medicine Vendor to the address notified by You, with no control over the Pharmaceutical Drugs and Services and no additional obligation apart from standard delivery obligations and duty of care.

ADVERTISING GUIDELINES FOR THE WEBSITE

A. As part of the Services provided by Us; We facilitate and allow Third-Party Advertising Entities to place advertisements on the Website. Accordingly, there are guidelines (as listed herein below) which the Third-Party Advertising Entities have to follow for placing such advertisements (the “Advertising Policy”).

                     i.               General Rules: All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use and the Privacy Policy. healthcheckindia may, at any time and without having to serve any prior notice to the Third-Party Advertising Entities, (i) upgrade, update, change, modify, or improve the Website or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third-Party Advertising Entities, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such change shall be made applicable when they are posted. healthcheckindia may also alter or remove any content from the Website without notice and without liability. The Third-Party Advertising Entities are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third-Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.

                    ii.              Review: All the advertisements are subject to the review and approval of healthcheckindia. healthcheckindia reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, healthcheckindia also reserves the right to reject an advertisement or to request modifications to any advertisement, and to require factual substantiation for any claim made in an advertisement.

B. Editorial Policy for the Website

As part of the Services, healthcheckindia provides healthcheckindia Content on the Website targeted at general public for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. healthcheckindia Content is subject to the following:

DIAGNOSTICS SERVICES PROVIDED BY THIRD-PARTY DIAGNOSTIC LABS AND RADIOLOGY CENTRES

As a condition of Your use of and access to the diagnostic services provided through the Website and Your acceptance of these Terms of Use, You are subject to the following rules/ guidelines:

A. Platform to facilitate transaction of business:

a. healthcheckindia provides Services through the Website as a marketplace and facilitates the Users to avail diagnostic test/ packages facilities offered by Third-Party Diagnostic Labs and Radiology Clinics through the Website. healthcheckindia is not and shall not be responsible for any sample collected, tests conducted and reports generated by the Third-Party Diagnostic Labs and Radiology Clinics and does not deal with any of Third-Party Labs’ client or patient managed by Third-Party Diagnostic Labs and Radiology Clinics through the Website and only provides facilitation Services to the Users through the Website. Use of the Website may require the Third-Party Diagnostic Labs and Radiology Clinics to use software and the Third-Party Diagnostic Labs and Radiology Clinics have to ensure the procurement of such software from the concerned providers. User and the Third-Party Diagnostic Labs and Radiology Clinics agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law(s), regulation or generally accepted practices or guidelines in the relevant jurisdictions.

b. The Third-Party Diagnostic Labs and Radiology Clinics may not access the Services if the Third-Party Diagnostic Labs and Radiology Clinics are healthcheckindia’s direct competitor, except with healthcheckindia’s prior written consent. In addition, the Third-Party Diagnostic Labs and Radiology Clinics may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

c. healthcheckindia will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond healthcheckindia’s reasonable control, including without limitation Force Majeure Events (as defined herein below). healthcheckindia will provide the Services only in accordance with applicable law(s) and government regulations.

d. Notwithstanding anything to the contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for their dealings and interaction with the Users who avail the Services and healthcheckindia shall have no liability or responsibility in this regard. healthcheckindia does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such User, Third-Party Diagnostic Labs and Radiology Clinics or any diagnostic centre or any Third-Party through the Website. The Services should not be used for emergency appointment purposes.

e. Notwithstanding anything to the contrary contained herein, Third-Party Diagnostic Labs and Radiology Clinics alone shall be liable for dealings and interaction with Users contacted or managed through the Website and healthcheckindia shall have no liability or responsibility in this regard. healthcheckindia does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the tests conducted and reports generated by the Third-Party Labs.

f. healthcheckindia may, at its sole discretion, suspend Third-Party Diagnostic Labs and Radiology Clinics or Users ability to use or access the Website at any time. healthcheckindia shall have no liability or responsibility in this regard.

TERMS FOR USE OF THE ONLINE DOCTOR CONSULTANCY SERVICES

healthcheckindia is an online health platform that provides a variety of online and online-linked health products and services to the Users for health related information and resources. Whenever We use the words “Your physician” or “Your doctor” or “healthcare provider” or similar words on the Website, including in these Terms of Use, We mean Your personal doctor with whom You have an actual, mutually acknowledged, doctor-patient relationship. healthcheckindia’s Medical Experts are not “Your” physician or healthcare provider.

a. You acknowledge that the Medical Experts empaneled with Us are independent contractors and thereby healthcheckindia has an independent contractor relationship with such Medical Experts and therefore in no event healthcheckindia will be directly or vicariously liable for any advice or medical consultancy or any loss arising therefrom that the Medical Experts may provide to You or You may avail as part of the Services.

b. You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to You on the Website (including Information provided in direct response to Your questions or postings) may be provided by individuals in the medical profession, the provision of such Information does not create a doctor/medical professional-patient relationship, but is provided to inform You on various medical conditions, medical diagnosis and treatment and it does not constitute a direct medical diagnosis, treatment or prescription. Everything on the Website should be used for information purposes only.

c. healthcheckindia is designed to support the health decisions and choices that You make. These decisions and choices are Yours, and We believe that You, in connection with the advice You receive from Your doctor or other professional healthcare provider, are the best decision maker about Your health. We cannot make decisions for you. However, what We can do is help You find good health information and connect with doctors for in-person information. On healthcheckindia You can ask and find informational questions and related educational answers by Medical Experts.

d. We do not recommend or endorse any specific Medical Expert(s), tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided on the Website is solely at Your own risk. In case of any medical emergency, kindly contact Your nearest doctor/hospital or any related helpline.

e. The Services are not for use in medical emergencies or for critical health situations requiring prompt medical attention. You take full responsibility for ensuring that the information submitted is accurate and healthcheckindia shall not make any effort to validate any information provided by You for using the Services with respect to content, correctness or usability. We, with an intention to provide the best services possible could ask You to share more information as and when needed.

f. The opinions, statements, answers (collectively “Consultation”) provided by the Medical Experts through the Website are solely the individual and independent opinions and statements of such Medical Experts and do not reflect the opinions of healthcheckindia, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. healthcheckindia does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website or by a licensee of healthcheckindia.

g. The inclusion of professionals, specialists and/ or Medical Experts on the Website or in any professional directory on the Website does not imply recommendation or endorsement and is provided on an ‘as-is’ basis and healthcheckindia disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.

h. healthcheckindia (the owners and the employee staff of healthcheckindia accept no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Website.

i. healthcheckindia makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by healthcheckindia employees. healthcheckindia is not responsible for transmission errors, corruption of data.

j. healthcheckindia is for personal use and the Services are for individuals to use for supporting their personal health decisions. You may use the Website for personal, but not for commercial, purposes.

k. The Website may not be used for illegal purposes. You may not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. You may not use any automated means to access the Website, the Information, or Services for any purpose.

l. You may not use another person’s login credentials to access his or her healthcheckindia profile/ account unless expressly permitted to do so by healthcheckindia. Any attempt by any individual or entity to solicit login information of any other user or Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

m. Your right to use the Services is not transferable.

n. Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with patients or Medical Experts (as the case may be) contacted or managed through the Website and healthcheckindia shall have no liability or responsibility in this regard. healthcheckindia does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or detail provided by such client, patient, User, Medical Experts or any Third-Party through the Website. The Services should not be used for emergency appointment purposes.

o. healthcheckindia may, at its sole discretion, suspend User’s or Medical Expert’s ability to use or access the Website at any time. healthcheckindia can edit profiles of Medical Experts to make them more suitable for patient/ Users searches on the Website

E-Consultation Services:

User agrees that E-Consultation is not a substitute for physical consultation and the Services are meant for general consultation only. If after the E-consultation, the Physician recommends any diagnostic tests to be undertaken or issues a Prescription, the same are provided based on the information and preliminary examination by the Physician, hence the same shall not be treated as accurate, final and conclusive. Physician reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation. While rendering E-Consultation, Physician will require to know the age, sex, previous and existing health conditions, symptoms, past medical history, physical examination (if directed by the Physician) etc. All the information with respect to the User History, consultation records, medical record and prescriptions issued by the Physician will be saved with healthcheckindia and the same may be used for rendering Services as may be required by the User for time to time. Services offered by healthcheckindia are intended for direct use of the User or their family members, but the same cannot be used for rendering Services to third parties. healthcheckindia disclaims all liabilities arising from use of the Services by the User and the maximum liability of healthcheckindia to the User shall be limited to the Service Fees paid by the User to healthcheckindia.

Consent to Participate in Telemedicine Consultation: –

User consent to, agree to and understand the following with regards to usage of healthcheckindia website and/or mobile applications to participate in a telemedicine / video consultation:

Ø video conferencing technology will be used to affect consultation and this consultation will not be the same as a direct patient/healthcare provider visit due to the fact that user will not be in the same room as healthcare provider.

Ø there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties.

Ø healthcare provider or user can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connection is not adequate for the situation.

Ø User healthcare information may be shared with other individuals for scheduling and billing purposes.

Ø Others may be present during the consultation other than healthcare provider in order to enable them to provide effective services. All such personnel will maintain confidentiality of the information obtained.

Ø E-consultations shall be available for family physician & multi specialties E-consultation from a specific doctor/physician shall be available subject to his/her availability/willingness/discretion. Confirmation of your appointment with a specific doctor/physician, as per his/her availability, shall be sent to you via SMS and/or E-mail. healthcheckindia reserves the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting doctor’s discretion. Your consulted physician reserves the right to provide post consultation free review consultations can be booked, rescheduled or cancelled only within the stipulate time limits.

Ø Please note that E-Consultation services are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation. User is warned not to use E-Consultation Services in times of emergency and any medical Services that require further diagnostics and physical inspection.

NO DOCTOR – PATIENT RELATIONSHIP

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the app (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between healthcheckindia and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such informationE-Consultation Services:

TERMS & CONDITIONS

TERMS AND CONDITIONS OF USE OF healthcheckindia WEBSITE, healthcheckindia ANDROID APP, healthcheckindia iOS APP AND ALL healthcheckindia SERVICES (COLLECTIVELY REFERRED TO AS THE INTERNET BASED PLATFORM OR SERVICES)