Terms and Conditions

This document contains terms and conditions (“Terms of Use”) as an electronic record pursuant to the provisions of the Information Technology Act, 2000, (“IT Act”), and rules, regulation and guidelines enacted thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. If you are experiencing a medical emergency, you should not rely on any information on this Platform and should seek appropriate emergency medical assistance.

1. PLATFORM

1. 1.1 Please note that (i) the software application for mobile/handheld devices under the name and style of ‘OncoBuddy’ (the “Application”); and (ii) the domain names https://4basecare.com & www.oncobuddy.app (the “Website”), are owned, managed and operated by 4baseCare Precision Health Private Limited, a private limited company incorporated under the laws of India, having its registered office at C/o Institute of Bioinformatics and Applied Biotechnology, Biotech Park, Electronic City-Phase-1, Bangalore-560100, Karnataka, India or its Affiliates (hereinafter collectively referred to as “4basecare”, “Company”, “We”, “Us”, or “Our”). The terms ‘Application’, and ‘Website’ are hereinafter collectively and severally referred to as “Platform”.

2. GENERAL TERMS

• 2.1 For the purpose of these Terms of Use, wherever the context so requires, the terms “You”, “you”, “Your”, “your”, or “User”, shall mean: (i) a patient, and/or his/her representatives or affiliates (“Patient Care Giver”); (ii) any person who visits, browses, uses or accesses the Platform or avails any of the Services (as defined below) on the Platform; and (iii) the Partner Doctor (as defined below). In the event, the User is a Patient Care Giver, then the User hereby confirms and undertakes that he has requisite authorization under the Applicable Laws to give consent and receive documentations and records on behalf of the patient.

• 2.2 The Platform offers a variety of content, services and products in relation to cancer diagnostic services and other allied services through the laboratories operated by the Company or third party diagnostic centres and other Third Party Service Providers, and also includes, inter alia, facilitating the User in availing the Consultation Facility (as defined below) Diagnostic Facility (as defined below), and assisting the User in setting up an appointment on behalf of the User through the Platform, and also operates as a one-stop solution for the cancer patients/Users and their healthcare service providers in storing and organizing their medical records in a structured way (“Service(s)”).

• 2.3 The Terms of Use contained in this electronic record are read together with (i) the Privacy Policy (as defined below) of the Company, as available and uploaded on the Platform at https://4basecare.com/terms-of-use/; and (ii) the guidelines, rules, terms, conditions and/ or policies and procedures or any other specific terms and conditions of the Company/ Platform, as applicable or relating to the availing of the Services and/ or usage and access of the Platform, as posted and amended on the Platform from time to time (collectively “Company’s Policies”). It is expressly clarified that the Privacy Policy, and the Company’s Policies are deemed to be incorporated herein by reference and, together with these Terms of Use, and shall constitute the entire legally binding agreement between You and the Company in connection with your access, visit or use of the Platform and for the availing of the Services, in any manner. You are requested to read these Terms of Use carefully before accepting the same and moving forward to using and accessing the Platform or availing any Service.

• 2.4 The Privacy Policy, and the Company’s Policies shall be considered as part and parcel hereof. Therefore, by impliedly or expressly agreeing to be bound by these Terms of Use and/or by using and accessing the Service(s) on the Platform, the User also agrees to be bound by the terms and conditions of the Privacy Policy, and the Company’s Policies, as may be updated, amended or revised from time to time. We may change these Company’s Policies including these Terms of Use at any time without the requirement of any notice, and it shall be your responsibility to review these Terms of Use and other Company’s Policies each time you access the Platform. By continuing to use this website, you consent to any changes to our Company’s Policies including these Terms of Use.

• 2.5 IN CASE YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM, REGISTERING ON THE PLATFORM AND AVAILING ANY OF THE SERVICES ON THE PLATFORM.

• 2.6 It is, further, clarified that by availing the Service(s) on the Platform, and/or visiting, viewing, accessing or otherwise using the Service(s) or information created, collected, compiled or submitted to the Platform, you are deemed to have agreed to these Terms of Use and all the policies of the Company/ Platform.

• 2.7 It is hereby clarified that the Company/ Platform may, at its sole discretion, from time to time, change provisions related to any of the Services which also include changing of the extent and scope of the Services and/ or include any other category of service or facility within the term ‘Service’. You can determine when these Terms of Use were last revised by referring to ‘LAST UPDATED’ at the top of these Terms of Use. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms of Use. It shall be the User’s responsibility to check these Terms of Use periodically for changes. It is, further, clarified that the User’s use and access of the Platform/Service(s) is subject to the most recent version of these Terms of Use made available on the Platform at the time of such use.

• 2.8 The Company reserves the right to change, modify, amend, or update the Terms of Use, at its discretion, from time to time and such amended provisions of the Terms of Use shall be effective immediately upon being posted/ uploaded on the Platform.

• 2.9 These Terms of Use are published in compliance of, and is governed by the provisions of the IT Act and the rules, regulations, guidelines and clarifications framed there under.

3. DEFINITION

“Affiliate” of a Person (the “Subject Person”) shall mean: (i) in the case of any Subject Person other than a natural Person, any other Person that, either directly or indirectly through one or more intermediate Persons, Controls, is Controlled by or is under common Control with the Subject Person, and (ii) in the case of a Subject Person who is a natural Person, shall include a relative of such Person;

“Applicable Laws” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question;

“Consultation Facility” means enabling and facilitating of the interaction, transaction, communication and dealing between the Partner Doctor and the User who is desirous of availing consultation services from such Partner Doctor in respect of the matters pertaining cancer, through the Platform;

“Control” shall mean the power to direct the management or policies of any Person, whether through the ownership of over 50% (fifty per cent) of the voting power of such Person, through the power to appoint more than half of the board of directors or similar governing body of such entity, through contractual arrangements or otherwise;

“Diagnostic Facility” means facilitating the User in interaction, transaction, communication and dealing with the Partner Diagnostic Labs and the Company operated laboratories so as to enable the User in availing the diagnostic services of the Partner Diagnostic Labs and the Company operated laboratories;

“Diagnostic Test” means such diagnostic testing, inspection, analytical evaluation, reporting etc., required to be conducted on any sample by any entity/laboratory providing diagnostic testing, inspection, analytical evaluation and reporting services;

“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company, including insolvency, business exigencies, operational technical issues, labour unrest, war, commotion, armed conflict, invasion, hostilities, riot, rebellion, revolution, civil war, riot, insurrection, acts of God, epidemics, pandemics, natural calamities/disasters, strikes, lock out, change in Applicable Law, which materially restricts provisions of Services offered on the Platform etc.

“IMC Act” means Indian Medical Council Act, 1956;

“MCI” means Medical Council of India under the provisions of IMC Act;

“Medical and Health Records” means and includes the health or medical data of any individual/ User, such as, past medical history and conditions, past and present diseases, allergies, previous treatments, diagnostic reports, lab and test results, prescriptions and medication history, or such other data or information related to the consent of such individuals/ Users/ third parties in respect of availing any treatment or consultation and the authorization to disclose medical information;

“Partner Diagnostic Lab” shall mean such third party entity providing diagnostic laboratory and pathology services, inspection, analytical evaluation and reporting services, as identified by the Company for the purposes of facilitating the User in availing of the diagnostic and pathology services through the Platform;

“Partner Doctor” shall mean any person permitted to practice medicine by MCI or any concerned State Medical Council and who is a registered medical practitioner registered with MCI and/ or concerned State Medical Council under the provisions of IMC Act and who is enlisted on the Platform through the patient or who directly registers on the Platform as a medical practitioner for the purposes of providing Consultation Facility to the Users;

“Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, Government or any agency or political subdivision thereof or any other entity that may be treated as a person under Applicable Law;

“Sample” means and include any genetic sample of the User for the testing, analysis and diagnosis by any entity/laboratory providing diagnostic or pathology testing, inspection, analytical evaluation and reporting services;

“Third Party Products and Services” mean certain specified pharmaceuticals or healthcare related products, services, benefit-based subscription packages etc., for the purposes of purchase by the User through the Platform;

“Third Party Service Provider” mean the third party service provider of the Company which include, inter alia, the Third party Sellers, Third Party Content Providers, Third Party Nutrition Partners, Partner Diagnostic Lab, and the Partner Doctor;

“Third Party Content Providers” shall mean and include such third party service providers, enlisted, registered or otherwise engaged with, the Platform for the purposes of providing, specialized and curated content pertaining to cancer, to the Users of the Platform;

“Third Party Nutrition Partners” shall mean and include the nutritionists registered and enlisted with the Platform, who provide nutrition assistance through consultation via digital mode;

“Third Party Suppliers” shall mean and include persons who advertises and feature their products, goods, services, benefit based subscription packages on the Platform for the purchases to be made by the Users;

“User Data” shall mean the data and information as may be required by the Company for the purposes of registering/onboarding the User on the Platform and verifying the identity of the User, such as, name, email ID, phone number, PAN number, Aadhar number, address, and other particulars in relation to the registering/onboarding of the User as may be required by the Platform for the purpose of availing any Service(s) on the Platform.

4. REGISTRATION PROCESS AND CREATION OF ACCOUNT

• 4.1 Please note that the Platform provides various features and Services and in order to avail, access and use such features and Services, you are required to create an account on the Platform and become a registered User by following a sign up/ registration process of the Platform.

• 4.2 For the purpose of initiating the registration/ sign-up process on the Platform, the User is required to provide the information, which such User recognizes and expressly acknowledges as personal information, that helps Us to identify the User, and includes name, gender, address, ZIP/postal code, age, and phone number. However, for Partner Doctors who are Users, after the sign up process they have to place a request for a call back on the Platform by providing certain information such as registration number and other such details as requested by the Platform for the purpose of verification of such User as a registered medical practitioner. After the receipt of the Partner Doctor’s request by the Platform for a call-back for verification and, on the basis of the aforesaid preliminary information collected by the Platform, a verification process shall be initiated. In the meanwhile, the Partner Doctor can access the Platform and avail the Services on the Platform as registered User. After the verification of such Partner Doctor, a verified badge/sign appears next to the Partner Doctor’s user-name, in order to confirm that such Partner Doctor is a verified registered medical practitioner.

• 4.3 For the purposes of the process of sign-up for the onboarding of the User on the Platform, the User is required to provide User Data. The User acknowledges that the User, in addition to the User Data provided by the User at the time of onboarding on the Platform or while availing and using the Service(s) of the Platform, may also be required to provide certain personal information or sensitive personal data or information to the Platform which may include, the bank account/card details for undertaking payment transactions on the Platform for availing the Service(s), the User’s Medical and Health Data, logs and details of the exchanges between the Partner Doctor and the Users through any medium or on the Platform and the prescription issued by the Partner Doctor.

• 4.4 Pursuant to signing up/ registration process for onboarding of the User on the Platform, by way of providing the User Data to the Company/Platform, a specific user profile/ account for the User will be created on the Platform (“User Profile”) through which the User will be able to avail and use the Services of the Platform. For Users who are patients, pursuant to creation of the User Profile, an assessment page for such User will also be created on the Platform, so as to understand the User’s medical history, lifestyle etc. and facilitate the User in availing the Service(s) through the Platform.

• 4.5 It is clarified that by enlisting yourself on the Platform, you agree to all the Terms of Use herein, Privacy Policy (as defined below) and all other policies of the Platform which may be posted at an appropriate location of the Platform.

• 4.6 As part of the Services provided by the Company through the Platform and upon agreeing to all the Terms of Use herein, the User additionally accepts and grants its duly informed consent to the Company aiding the User in setting up an appointment to avail the services of the Partner Doctor(s) and/or the Third Party Nutrition Partner(s) through the Platform on behalf of the User.

• 4.7 You agree that you shall provide accurate and correct information at the time of sign-up/ registration for the onboarding process and you shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Platform in this regard.

• 4.8 You shall log out of your User Profile at the end of each session in order to ensure complete security and secrecy of your data and the Company’s data.

• 4.9 The Company reserves the right to suspend or terminate User Profile with immediate effect and for an indefinite period, if the Company has reason(s) to believe that the User Data or any other data provided by the User is incorrect or false, or that the security of the User’s Profile has been compromised in any way, or there is a breach of these Terms of Use or upon any unauthorised use of the User Profile by any third party or for any other reason.

• 4.10 You are solely responsible for maintaining the confidentiality of your User Profile, display name and the login details, received by You at the time of your sign-in to the User Profile and you are fully responsible for all activities that occur under the same and the Company shall not be liable or responsible whatsoever in this regard. You expressly agree that you will immediately notify Us about any actual or potential unauthorized use of your User Profile, display name, login details, and/ or other information related thereof or any breach of security or any breach of the Terms of Use by a third party.

• 4.11 It is clarified that upon receiving a notification/ intimation/ apprehension of any actual or potential unauthorised use of any User Profile, we may, at our discretion, take action to block access to such User Profile at the earliest and take all other actions as may be required under the Applicable Laws.

• 4.12 The User shall be solely responsible for always safeguarding the User Profile and all the information and data associated with such User Profile. For the safety of the data and information in such User Profile and prevention of any possibility of any unauthorised use thereof, it is suggested to the User to not to disclose the login information or provide access of the User profile to any third parties.

• 4.13 In the event of the User becoming aware of any breach of security or unauthorised use of the User Profile, such User shall take all the reasonable steps to inform the Company/ Platform in respect of such unauthorized use of the User Profile and, in this regard, the Company/ Platform shall not be responsible for any liabilities that such User may incur from the misuse of the User Profile or password or any data and information contained therein.

• 4.14 You agree that the Company cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms of Use.

5. PRIVACY

• 5.1 You agree that during your use and access of the Platform and/or availing of the Services offered by the Platform, you will provide Us with certain information and other data as mentioned under the Terms of Use which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by you under these Terms of Use, are governed under the Company’s privacy policy (“Privacy Policy”) which is available at https://4basecare.com/privacy-policy. By using and visiting the Platform and availing the Services of the Platform, you agree to the terms and conditions of our Privacy Policy.

• 5.2 Regarding your private information and data, We will only collect, use, disclose or process such information and data in accordance with our Privacy Policy, which you accept by your use and access of the Platform and/or availing the Services on the Platform. Please note that We may share such data and information with third parties as required to be shared in terms of and in the manner as set out under the Privacy Policy.

• 5.3 By accepting these Terms of Use, you also agree to the terms and conditions as provided under our Privacy Policy.

6. USE OF PLATFORM

• 6.1 For the use and access of the Platform, whether or not for provisions of availing the Services on the Platform, in any manner, You must be 18 (eighteen) years of age or older. For this purpose, you agree that by visiting the Platform or accepting these Terms of Use, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and avail Services under the Applicable Laws and agree to and abide by the Terms of Use as provided herein.

• 6.2 Further, the use and access to the Platform can be availed only by such individuals who can form and enter into a ‘valid contract’ as per the conditions set forth under Indian Contract Act, 1872. It is hereby expressly clarified that the persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, persons disqualified by law or of unsound mind, etc. are not eligible to use the Platform. It is also expressly clarified that we will not be providing Service (including the Consultation Facility) or access to the Platform outside the jurisdiction of India.

• 6.3 You agree that you will act lawfully, diligently and honestly at all times when you access and use the Platform and/or avail the Services and will comply with all the laws, rules, regulations, legislations, notifications, circulars, guidelines, standards, codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral award, bye-laws, or any similar form of decision, determination, or adjudication having the force of law, as amended from time to time, applicable to your use of the Platform and/or availing the Services.

• 6.4 You agree that you will not interfere with, jeopardise, disrupt or harm the Platform and/or Services and that you will not intercept, expropriate, re-use, steal or re-utilise any system, data, graphic media, coding or information comprised in or provided to you via the Platform and/or Services and, at all times, comply with the Terms of Use and other Policies of the Platform.

• 6.5 We will provide you with any help you may reasonably require to access the Platform but We shall not be responsible if you are unable to access any section of the Platform or the Services for any reason, whatsoever. We do not guarantee you access to the Platform at any and all times. We do not guarantee that while you are accessing the Platform, your access will be uninterrupted, without delay/interference, secure and/or error-free or operate as set out and anticipated in these Terms of Use. Accordingly, We reserve the right, at any time, to suspend or discontinue the Platform and/or the Services for any reason without incurring any liability or obligation to you.

• 6.6 You agree that the information you provide to the Company on the Platform at the time of onboarding and any time thereafter and any information displayed under your User Profile at all times will be true, accurate, current, updated and complete. If you provide any information that is untrue, inaccurate, not updated or current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use herein and the other policies of Platform, We shall have the right to indefinitely suspend or terminate your User Profile or block your access on the Platform, without any requirement of notice in this regard.

• 6.7 If We reasonably believe that your User Profile and password is being used / misused in any manner, We reserve the right to cancel your right to access the Platform immediately without notice, and block access to all users from that particular IP address. You agree to notify Us and the Platform immediately of any unauthorized use of your User Profile or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your User Profile. However, you will be held liable for all the losses, claims and liabilities incurred by the Company due to someone else using your User Profile.

• 6.8 Further, by using the Platform or sending emails, data, information or communication to the Platform through the Platform, you consent to receiving communications via electronic records from Us periodically and as and when required.

• 6.9 The information and Services shall not be used for any illegal purpose by You. 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 Platform, the information, or Services. You may not use any automated means (such as a scraper) to access the Platform, the information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her User Profile. Any attempt by any individual or entity to solicit login information of any other user of the Platform or to access any such User Profile 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.

• 6.10 We may, at Our sole discretion, suspend the User’s ability to use or access the Platform at any time while We investigate complaints or alleged violations of these Terms of Use, or for any other reason.

7. CODE OF CONDUCT

• 7.1 Under these Terms of Use, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
  1. belongs to another person and in relation to which it does not have any right of use;
  2. infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person;
  3. is false or misleading in any way;
  4. violates any law for time being in force;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”;
  7. promotes illegal activities or abusive, obscene, defamatory or libellous conduct;
  8. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  9. harms minors in any way;
  10. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  11. deceives or misleads the other Users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
  12. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  13. promotes an illegal or unauthorized copy of another person’s copyrighted work;
  14. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  15. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  16. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, User Profile information, bulletins, friend request, or other areas of the Platform or solicits passwords/ log-in information or personal identifying information for commercial or unlawful purposes from other users; and
  17. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, application, software contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

• 7.2 The User agrees not to
  1. reveal/disclose confidential or proprietary information of other Users, the Company/ Platform or any third party when the User receives or comes in possession of such confidential or proprietary information;
  2. incorporate any computer contaminant, software virus or any computer code or file or program on the Platform designed to interrupt, destroy or limit the functionality of the Platform;
  3. incorporate or introduce any program on the Platform that might infringe the intellectual property rights of any other User and/or of the Company/ Platform;
  4. download, copy, or reproduce any file or information available on the Platform which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed;
  5. in any way, deface or vandalize the Platform or prevent or restrict others from using the Platform;
  6. stalks, threaten or harass any other User or infringe upon or attempt to infringe upon their privacy;
  7. infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy, of the Company/ Platform, other Users of the Platform or any third Party;
  8. impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;
  9. directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law; and
  10. create liability for the Company/ Platform or cause the Company/ Platform to lose (in whole or in part) the services of its internet service provider or other suppliers.

• 7.3 It is also clarified that you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any service, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.

• 7.4 You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any /services offered on or through the Platform, by hacking, password “mining” or any other illegitimate mean.

• 7.5 You agree that you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any User Profile on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

• 7.6 You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Platform/ Company or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image, goodwill or reputation of the Platform/ Company or other Users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Platform.

• 7.7 You agree that you will not use the Platform or any content thereof for any purpose which is unlawful or prohibited by the Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company/ Platform, its Users and/or other third parties.

• 7.8 You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time and, also all Applicable Laws, rules and regulations and international laws, statutes, ordinances and regulations regarding availing of the Services and the transactions between you and other Users. Further, you agree that you shall not solicit (directly or indirectly) any other Users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through a third party except through the Company/ Platform.

• 7.9 The User shall indemnify and hold harmless the Platform/Company, its owners, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by the Platform due to or arising out of breach of these Terms of Use and other policies of the Company/ Platform.

• 7.10 To enable the use of your information supplied by you to us, so that usage of any such information by Us is not construed as a violation of any rights, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms of Use and the policies of the Company/ Platform applicable to the use of the Platform.

8. TERMS RELATED TO SERVICES

• 8.1 General Terms related to the Services

• 8.1.1 In order to avail the Service(s), the User is required to become a registered User of the Platform and to have a User Profile. For the purposes of availing the Service(s) and creating the User Profile, the User is required to provide the User Data at the time of Sign-up. The Platform may also require certain other information, which might include Medical and Health Data of the User, for the purposes of providing the Service(s) to the User. The User agrees to provide all such information on the Platform as and when prompted and required by the Platform.

• 8.1.2 The User undertakes that the User shall use the Platform/ Service(s) only for availing Service(s) and shall not permit the Platform/ User Profile/ Service(s) to be used by or for the benefit of anyone other than the User without the Company’s prior written permission. The User is responsible for: (i) providing the requisite data and information requested by the Platform for availing the Service(s) and access features of the Platform; and (ii) using the Platform/ availing the Service(s) in accordance with all Applicable Laws and regulations.

• 8.1.3 You acknowledge that the Third Party Service Providers empanelled with us are independent contractors and we have an independent contractual relationship with such Third Party Service Providers and, therefore, in no event we will be directly or vicariously liable for any service, product, advice, treatment or medical consultancy or any loss arising therefrom that the Third Party Service Providers may provide to You or You may avail as part of availing the Service(s).

• 8.1.4 In respect of your interaction, dealing, transaction and communication with the Third Party Service Providers for Consultation Facility and/or purchasing or availing any Third Party Products and Services, please note that we do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such interaction, dealing, transaction and communication. Your interaction, dealing, transaction and communication with the Third Party Service Providers forms a separate bi-partite arrangement between You and such Third Party Service Providers and thus, any claim arising from such breach is the subject matter of the arrangement between such Third Party Service Providers and you alone, and We are in no way a party to such breach or involved in any suit claim/negligence/damages etc arising from the same breach.

• 8.1.5 The Platform is for personal use and the Service(s) are for individuals to use for supporting their personal health and wellness decisions. You may use the Platform for personal, but not for commercial purposes.

• 8.1.6 It is hereby clarified that the facilitation of any kind of interaction, communication, dealing, consultation, advice and transaction between the Third Party Service Provider(s) and the User is an independent and separate transaction between such Third Party Service Provider(s) and the User and the Platform is only acting as an intermediary service provider for the purposes of such facilitation of interaction, communication, dealing, consultation, advice and transaction between the Third Party Service Provider(s) and the User; and hence, the Platform shall not be liable and responsible for any and all liabilities, losses, claims and damages that may arise out of or in connection with the interaction, dealings, consultation, communication and transaction between the Third Party Service Provider(s) and the User and the User agrees to hold harmless and indemnify Platform in this regard.

• 8.1.7 In respect of the Services, the User may be allowed to provide feedback, ratings, reviews and particulars about the experiences in respect of the Service(s) (“Feedback”), which the Company/ Platform may or may not publish at their sole discretion. It is clarified that the Company hereby disclaims all liability with respect to the content of the Feedback and it is clarified that the Company/ Platform does not endorse any opinions or experiences contained within the content of such Feedback.

• 8.1.8 Nothing contained on the Platform shall be construed as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (a) Third Party Service Provider; (b) the accuracy of the representations made or the information posted on the Platform in relation to the information exchanged between the Third Party Service Provider and the User or (c) the quality, merchantability of the services, facilities, goods, consultation, advice purported to be provided by any Third Party Service Provider.

• 8.1.9 The Platform operates as an intermediary between the Users, who are desirous of availing the Services from the Third Party Service Providers who possess the requisite knowledge, expertise and have the necessary facilities to provide such Services. It is clarified that the Company does not verify the skills, qualifications, credentials, background etc. of any of the Third Party Service Providers and the quality of Services offered by them. It is strongly recommended that every User, while availing the Service(s), should independently verify the skills, qualifications, credentials, background etc. of such Third Party Service Providers from whom such User receives or contemplates to receive advice or services.

• 8.1.10 The User acknowledges and agrees that the Third Party Service Providers are not the employees, agents, representatives, contractors, partners of the Platform/Company and the Platform/Company takes no responsibility for any act, omission, advice, service, representation, etc. of any such Third Party Service Provider. As further described in this Terms of Use, the Company/Platform makes no representation. warranty or guarantee whatsoever as to (a) the availability of/access of any products or services provided by any of the Third Party Service Providers; (b) the accuracy of the representations made or the information posted on the Platform by such Third Party Service Provider; (c) the accuracy of the information exchanged between the Third Party Service Provider and the User; (d) the quality, nature, usefulness, relevance, accuracy of the Services provided by the Third Party Service Providers.

• 8.1.11 Subject to your acceptance of these Terms of Use, the Platform grants to you a non-exclusive, non-transferable, revocable limited license to use the Platform and any or all of the Services. You agree not to use these Services and the Platform for any other purpose, or to copy or distribute the content of the Platform except as specifically allowed in these Terms of Use.

• 8.2 Terms related to Consultation Facility

• 8.2.1 In relation to Consultation Facility, it is hereby clarified that the User must opt for consultation session through the Platform by way of tele-communication, conferencing, online chat, or any other means that the Company/ Platform may provide at its discretion, with the Partner Doctor or with a Third Party Nutrition Partner or a counsellor. For the purpose of a consultation session, the User can add or authorize an User Care Giver to such consultation session only at the time of booking an appointment for availing such consultation session. It is hereby clarified that the Partner Doctor’s or the Third Party Nutrition Partner’s or counsellor’s acceptance of the User’s appointment for the consultation session, is completely at the discretion of the Partner Doctor and such Third Party Nutrition Partner or counsellor and the Partner Doctor/ Third Party Nutrition Partner/ counsellor at its sole discretion may set the fee for such consultation (“Consultation Fee”). The Partner Doctor and the Third Party Nutrition Partner or counsellor will be able to initiate the consultation through tele-communication or video conferencing when it is the time of appointment and the User and the authorized added guest of the User (“User Care Giver”) will get the chance to receive the call via tele-communication or video conferencing and upon answering it, the consultation appointment will be considered as started and on ending the call by either the Partner Doctor/ Third Party Nutrition Partner/ counsellor or the User it will disconnect for everyone present over the call and the consultation appointment will be marked as completed. Also, the Partner Doctor/ Third Party Nutrition Partner/ counsellor and the User would be able to reschedule the consultation appointment to a specific available time or cancel the consultation appointment. In the event of cancellation of any consultation appointment, the Consultation Fee will be transferred back to the User.

• 8.2.2 Further, the User will be able to raise a call-back or follow-up call request from the Partner Doctor, without any extra charge, within 72 hours of the successful completion of the consultation appointment and the Partner Doctor upon receiving such request from the User may at its sole discretion choose to accept the request and go ahead with a follow-up consultation session with the User.

• 8.2.3 The Platform shall through its Payment Facilitators (as defined below) collect the Consultation Fee on behalf of the Partner Doctor/ Third Party Nutrition Partner/ counsellor from the User while booking for the consultation session with the Partner Doctor/ Third Party Nutrition Partner/ counsellor and shall remit such Consultation Fee to the Partner Doctor/ Third Party Nutrition Partner/ counsellor after deducting 15% of the Consultation Fee being charged to the Users.

• 8.2.4 It is further clarified that pursuant to such consultation session between the Partner Doctor and the User, the Partner Doctor may prescribe certain Diagnostic Test to be conducted in respect of the User.

• 8.2.5 The User understands that in respect of availing the Consultation Facility from the Platform so as to avail the consultation service from the Partner Doctor, prior to availing such consultation, the User may be required to a pay the Consultation Fee set by the Partner Doctor at its sole discretion for booking a single consultation session to be provided by the Partner Doctor on the Platform.

• 8.2.6 The User understands and agrees that (i) the Consultation Facility which is provided on the Platform, may vary from a consultation where the User is examined in person, and therefore agrees that consultation with the Partner Doctor shall not substitute treatment that needs physical examination; (ii) in case the User pays the Consultation Fee in order to avail the Consultation Facility and engages in communication and exchange of money for services from such Partner Doctor outside of the Platform, the User shall do so at their own risk and the Company/Platform shall not be responsible for any breach of service or service deficiency by any Partner Doctor; and (iii) any communication that the User has with the Partner Doctor through the Platform, and via telephone, text and email, before or after the Consultation Facility, will be subject to doctor-patient confidentiality and treated as such as per the applicable laws, and the Platform shall not be liable for any communication, or the timelines of communication, between the User and the Partner Doctor.

• 8.2.7 The User understands that pursuant to the consultation provided by the Partner Doctor, the Partner Doctor shall provide a prescription to the User, which can be either be scanned copy of handwritten prescription or an electronically created and generated prescription with the electronic/digital signature of the Partner Doctor, which will include the following particulars: the Partner Doctor’s information (name, qualification, address & registration number; User’s information (name & address, age, sex, ref.no.;) summary of presenting illness and diagnosis; generic names of the medication prescribed and its dosage; dispensing directions to pharmacist, directions for User, refill, special labelling and /or other instructions; and Partner Doctor’s signature and license number.

• 8.2.8 The User shall indemnify and hold harmless the Platform and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Platform by the User, by breach of the Terms of Use or any claim of the User arising out of interaction, communication, dealing, consultation, advice and transaction (including but limited to any advice/ statement/ service provided by the Partner Doctor and issuance of the prescription by the Partner Doctor to the User) between the User and the Partner Doctor.

• 8.2.9 It is hereby clarified that the Consultation Facility are not to be used in medical emergencies or for critical health situations requiring prompt medical attention. The Consultation Facility is not intended to be real-time and may not be the best solution when a face-to-face consultation is a must and, therefore, We strongly discourage any delay in seeking advice from Your doctor/physician on account of something that You may have heard/viewed on the Platform. You take full responsibility for ensuring that the information submitted is accurate and we 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.

• 8.2.10 The opinions, statements, answers and tele-consultations provided by the Partner Doctor through the Platform are solely the individual and independent opinions and statements of such Partner Doctor and do not reflect the opinions of Platform, its affiliates or any other organizations or institutions to which such Partner Doctor or such specialist or professional is affiliated or provides services. The Platform does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Platform or by a licensee of Platform.

• 8.2.11 We make no warranty that the Consultation Facility will meet Your requirements, or that the Consultation Facility will be uninterrupted, timely, secure, or error-free. This includes loss of data or any service interruption caused by Platform’s employees. We are not responsible for transmission errors, corruption of data.

• 8.2.12 It is expressly clarified that the Platform does not practice medicine and does not interfere with the practice of medicine and the Partner Doctor is responsible for his or her services and compliance with the requirements applicable to his or her profession.

• 8.2.13 It is hereby clarified that We are in no way liable for any deficiency of services if any arises including but not limited to cancellation of any scheduled session due to any unavailability of the Partner Doctor or the User. We are not liable for the general conduct of the Partner Doctor and We shall not be liable for any unwarranted act performed by the Partner Doctor.

• 8.2.14 It is clarified that the Platform shall not be held liable neither to the Users for any offer of service/ consultation/communication made between them for whatsoever reason it may be. Further, the Platform shall not be held liable by Users for any technical mishap of whatever kind. In relation to the Consultation Facility, the Platform is only an intermediary and cannot be held liable for any dispute/claim/damages etc. that arise between the Partner Doctor and the User for whatsoever reason it may be and the User shall indemnify and hold harmless the Platform for any claims arising out or in relation to the same.

• 8.2.15 In the event, the Partner Doctor adjudges that a physical examination would be required and advises in-person consultation, it is the sole responsibility of the User to book an appointment for physical examination and in-person consultation whether the same is with the Partner Doctor or otherwise. The Company/ Platform shall not be liable in case of any negligence on the part of the user in acting on the same.

• 8.2.16 Without prejudice to the generality of the above, the Company shall not be liable for: (i) any wrong medication or treatment quality being given by the Partner Doctor, or any medical negligence on part of the Partner Doctor; (ii) any type of inconvenience suffered by the User due to a failure on the part of the Partner Doctor to provide agreed services, inappropriate treatment, or similar difficulties; (iii) any misconduct or inappropriate behaviour by the Partner Doctor or the Partner Doctor’s staff; (iv) any medical eventualities that might occur subsequent to using the services of a Partner Doctor, whom the User has selected and added to the Platform on its own or any Partner Doctor whom the User has selected on the basis of the information available on the Platform.

• 8.3 Specific terms related to Diagnostic Facility:

• 8.3.1 In relation to the Diagnostic Facility, the Platform facilitates the Users to avail Diagnostic Tests/ packages facilities offered by Partner Diagnostic Labs or the Company operated laboratories through the Platform. Upon the request of the User, the Company may provide for collection of Sample, carry out the Diagnostic Test on the Samples of the User and eventually generate reports. The Platform, however, shall not be responsible for any Sample collected, tests conducted and reports generated by the Partner Diagnostic Labs and only provides facilitation services to the Users through the Platform.

• 8.3.2 The User agrees and acknowledges that the Platform merely acts as an intermediary for the purposes of facilitation of interaction, communication, transaction and dealing between the User and such Partner Diagnostic Lab for the carrying out of the Diagnostic Test on the Samples of the User. The User acknowledges that the User will be required to make payment of fee in respect of placing any order for the conducting of the Diagnostic Test on the Sample of the User by the Partner Diagnostic Lab and the Platform facilitates the User in making the payment in respect of the same through the Platform (“Diagnostic Test Charges”).

• 8.3.3 It is hereby clarified that (i) any and all transaction between the User and the Partner Diagnostic Lab shall form a separate and independent bipartite agreement between the User and such Partner Diagnostic Lab; (ii) the exchange of information, provision or availing of services, transaction by and between the User and Partner Diagnostic Lab is done at User’s own sole risk and, hence, the User hereby agrees that the Company shall be in no event be liable for any injury, losses, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with the aforesaid; (iii) the Company doesn’t warrant that the quality of any diagnostic or pathological testing or other related service availed by the User from the Partner Diagnostic Lab through the Platform, will meet the expectation of the User; and (iv) the Company doesn’t guarantee due performance of any diagnostic or pathological testing or other related service availed by the User from the Partner Diagnostic Lab through the Platform and the Company/ Platform shall not be responsible for any breach or non-performance thereof.

• 8.3.4 The Company/Platform is not and shall not be responsible for any Sample(s) collected, Diagnostic Test conducted and reports generated by the Partner Diagnostic Labs. The Platform merely, facilitates the User in respect of the Diagnostic Facility through the Platform.

• 8.3.5 The Platform does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by the Partner Diagnostic Labs to the User through the Platform or otherwise. It is clarified that the Company/ Platform does not endorse, recommend, evaluate, warrant or guarantee the qualifications, expertise, claims, credentials, background, opinion, representation or other service provided by any Partner Diagnostic Lab.

• 8.4 Specific terms related to Medical Record Management:

• 8.4.1 In relation to the medical record management, the Platform provides the User with a facility to digitize their Medical and Health records and also provides access to the User to add his/her Medical and Health records to Our cloud platform which can be further accessed by the Partner Doctors, User Care Giver and any authorized Third Party Service Provider. Further, after every consultation appointment, the Partner Doctor shall directly upload all the records and prescription and the same shall be updated to the User and will be uploaded in our cloud platform.

• 8.4.2 Without prejudice to the generality of the rest of the Terms of Use, You agree and acknowledge that: (i) your Medical and Health Records are only digitized/uploaded on the platform after you have signed up and explicitly accepted these Terms of Use; (ii) the Medical and Health Records are uploaded, digitized and made available on an as-is basis; (iii) we do not guarantee to prevent unauthorized access if you lose your login credentials or if they are otherwise compromised; and (iv) we are not responsible or liable for any content, fact, or the language used in your Medical and Health Records whatsoever.

• 8.4.3 The User agrees and acknowledges that We may use your Medical and Health Records for: (i) the purpose of providing the Services offered through the Platform in relation to storing and organising your Medical and Health Records in a structured way so as to make it easier for the Partner Doctor or the User itself to access it any given point of time; (ii) commercial purposes and in an aggregated and anonymized form for research on cancer, statistical analysis and/or business intelligence purposes; (iii) sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates; (iv) communication purposes to enhance your experience for Services provided on the Platform and obtaining feedback in relation to the Services; (v) customer support related issues; and (vi) and enabling you to complete any transaction through the Platform.

• 8.5 Specific terms related to Forum

• 8.5.1 The Company shall also provide the Users access to its forum for general discussion related to Oncology and cancer care, which shall be moderated by the Company (“Forum”). The Forum may also witness participation from the industry experts, Third Party Service Providers, Users, Patient Care Givers, Partner Doctors. The Participation of the User in the Forum shall not be mandatory and Users at their sole discretion participate on the various threads on the Forum.

• 8.5.2 The Forum might contain a lot of information posted by the industry experts, Partner Doctors, other patients, Users, Third Party Content Providers and the Company’s personnel, in the form of videos, blogs, webinars, articles, Q&A etc., with the sole purpose of providing the Users various resources pertaining to cancer, ongoing research on cancer and cancer treatments etc., but shall in no way constitute or replace medical advice. The information provided on the Forum might help the User learn the opinions of the industry experts, Partner Doctors or the other patients.

• 8.5.3 The Forum also enables you to add posts, texts, photos, videos, links, and other files and information about yourself to share with others. All material that you upload, publish or display to others via the Forum will be referred to collectively as “User Generated Content” and you acknowledge and agree that, as part of using the Forum, such “User Generated Content” may be viewed by the general public. The User retains the ownership of the copyright and other intellectual property in such User Generated Content shared or published on the Forum, subject to the non-exclusive rights granted below.

• 8.5.4 By submitting, posting, or displaying any User Generated Content on the Forum, you grant the Company a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use such User Generated Content in connection with the operation or use of the Forum. You further agree that this license includes the right for the Company to make the User Generated Content available to other companies, organizations, business partners, or individuals who collaborate with the Company for the syndication, broadcast, communication and making available to the public, distribution or publication of the User Generated Content on the Forum or through other media or distribution methods. This license also includes the right for other Users of the Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public such User Generated Content, subject to our Terms of Use. Except as expressly provided in these Terms of Use, this license will not confer the right for you to use automated technology to copy or post questions and answers or to aggregate questions and answers for the purpose of making derivative works.

• 8.5.5 Once you post an User Generated Content on the Forum, you may edit or delete such User Generated Content at any time from public display on the Forum, except in the case of anonymously posted answers. However, we may not be able to control removal of the User Generated Content from display on syndicated channels or other previously distributed methods outside of the Forum. The Platform may remove suspected spam from such User Generated Content. Once you post a question, it may be edited or deleted by the Platform at any time. Any edits and changes made by you shall be visible to other Users. The right for the Platform to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Terms of Use.

• 8.5.6 You acknowledge and agree that the Platform may preserve any of the User Generated Content and may also disclose such User Generated Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, Applicable Laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that such User Generated Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Company/Platform, its Users, or the public.

• 8.5.7 You understand that we may modify, adapt, or create derivative works from such User Generated Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish any such User Generated Content, in whole or part, at any time.

• 8.5.8 You further give us the permission and authority to act as your non-exclusive agent to take enforcement action against any unauthorized use by third parties of any of your User Generated Content outside of the Platform or in violation of our Terms of Use.

• 8.5.9 By posting any User Generated Content on the Forum, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all necessary licenses or permissions to use such User Generated Content and grant us the rights to use such User Generated Content as provided for under this Terms of Use; and ii) that posting such User Generated Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with such User Generated Content.

• 8.5.10 You are solely responsible for the User Generated Contents you post or submit on the Forum, and the Company assumes no responsibility or liability for any User Generated Content submitted by you or any other User. You further agree to indemnify and hold harmless the Company and its affiliates with respect to any claim based upon the transmission of your message(s).

• 8.5.11 We may restrict or remove any and all User Generated Content, comment or message that we may determine in our sole discretion violates these Terms of Use or is otherwise harmful to us, other Users, or any third party.

• 8.5.12 The Platform shall review of the User Generated Contents so as to ensure that the same complies with the Terms of Use of the Platform and the Applicable Laws. In the event the User posts any malicious, defamatory, illicit, derogatory, or illegal User Generated Content on the Platform, the Platform shall immediately take actions against the User by removing the User Generated Content and restricting the access of the Platform to such Users.

• 8.5.13 The User agrees not to post anything: (i) which is profane, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; and (ii) the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.

• 8.6 Terms related to purchase of Third Party Products and Services

• 8.6.1 The User agrees that the purchase of the Third Party Products and Services shall be additionally governed by specific policies, guidelines and instructions as provided under these terms, other guidelines or policies provided on the Platform and/or in accordance with the guidelines, terms or policies provided by the relevant Third Party Sellers in respect of particular Third Party Product, such as terms pertaining to cancellation policy, refund policy, delivery terms etc. The User agrees to abide by the terms and conditions of such policies, guidelines and instructions, as may be applicable on such User under the terms contained herein.

• 8.6.2 It is clarified that all discounts, offers (including exchange offers) pertaining to any Third Party Products and Services are by the individual Third Party Seller only and not by the Platform.

• 8.6.3 It is further clarified that the Platform does not warrant that the description, particulars and other content in respect of the Third Party Products and Services, which are offered for sale on the Platform which are listed by the Third Party Sellers, are accurate, complete, reliable, or error-free and in this regard, it is expressly clarified that the Platform shall have no liability and responsibility towards any User.

• 8.6.4 The User agrees and acknowledges that the contract for sale and purchase of the Third Party Products and Services shall form a separate and independent bipartite agreement between the Third Party Sellers and the User and you agree and acknowledge that the Company/Platform is not a party to such transactions/arrangement/agreement between the Third Party Sellers and the User, and has no control over any element of such transactions/arrangement/agreement, and shall have no liability towards any User or any third party in connection with such transactions/arrangement/agreement. At no time, shall the Platform hold and shall be considered to hold, any right, title or interest over the Third Party Products and Services nor shall the Company/Platform have any obligations or liabilities in respect of such contract, transaction and arrangement entered into/made between the Third Party Seller and the User on the Platform. The Company/Platform shall not and is not required to mediate or resolve any dispute or disagreement between User and Third Party Seller.

• 8.6.5 It is expressly clarified that the Platform merely operates as an intermediary between the User and the Third Party Seller and in this respect, the User agrees and acknowledges that in relation to availing of the services through the Platform the Platform merely facilitates the transaction and dealing between the User and the Third Party Seller for the purposes of the sale and purchase of the Third Party Products and Services. In this respect, You agree to indemnify, defend and hold harmless the Company/Platform and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, and agents etc. against any and all losses, liabilities, claims, damages, demands, costs and expenses, including legal fees and disbursements in connection therewith and interest chargeable thereon, arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform to the extent such losses or claims are based on or arising out of or in connection with any transaction arrangement, dealing or any other transaction of whatsoever nature between the User and the Third Party Seller.

• 8.6.6 The User can place an order for purchase of Third Party Products and Services on the Platform from the User Profile for which certain information may be required from the User. The User agree that the User shall provide all such information and data.

• 8.6.7 The User acknowledges that some Third Party Products require a valid prescription from a registered medical practitioner, prior to their purchase. For the products, in respect of which the prescription is not required by a registered medical practitioner, the same shall be dispatched for delivery to the User.

• 8.6.8 The User agrees that for the purchase of Third Party Products, for which a prescription by a registered medical practitioner is mandatory, then such Third Party Products shall only be dispensed on the submission of a valid prescription from such registered medical practitioner by uploading the prescription of the Platform or in the manner as provided on the Platform. In relation to such Third Party Products, the User, further, acknowledges that uploading of the prescription provided by the Partner Doctor will be mandatory in case any Third Party Product is required to dispensed only by a prescription from a registered medical practitioner.

• 8.6.9 It is hereby expressly agreed and understood by the User that:
  1. all commercial and contractual terms relating to the purchase of the Third Party Products and Services are offered by and agreed to between the User and the Third Party Seller alone and such contractual and commercial terms, include, without limitation, the price, date, period and warranties related to the Third Party Products etc.;
  2. the Platform does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms and arrangement between the Users and the Third Party Sellers;
  3. the Platform does not make any representation or warranties as to specifics, such as, the quality and value of the Third Party Products and Services proposed to be sold or offered to be sold or purchased on the Platform;
  4. the Platform does not guarantee that the concerned Users and/or Third Party Sellers will perform any transaction concluded on the Platform between them;
  5. at no time shall the Company/Platform hold any right, title or interest over the Third Party Products and Services nor shall the Company/Platform have any obligations or liabilities in respect of purchase of the Third Party Products and Services between the User and the Third Party Seller on the Platform.

• 8.7Cancellation Policy

• 8.7.1 The User shall be able to cancel a booking for consultation session with the Partner Doctor till 2 hours of such consultation session being conducted, without any charges. In the event the User cancels the consultation session after the above stipulated time, 15% from the Consultation Fee shall be deducted and the remaining Consultation Fee shall be refunded to the User. In the event, the User or the User Care Giver do not attend such booked consultation session, 15% from the Consultation Fee shall be deducted and the remaining Consultation Fee shall be refunded to the User. However, in the event the Partner Doctor cancels the booked consultation session or does not show up during such consultation session, then the User shall receive a 100% refund of the Consultation Fee paid by the User.
• 8.7.2 Further, the User can reschedule the consultation session with the Partner Doctor till 2 hours of such consultation session being conducted, without any charges.
• 8.7.3 The User shall be able to cancel a booking for consultation session with the Third Party Nutrition Partner / counsellor till 1 hour of such consultation session being conducted, without any charges. In the event the User cancels the consultation session after the above stipulated time, 15% from the Consultation Fee shall be deducted and the remaining Consultation Fee shall be refunded to the User. In the event, the User or the User Care Giver do not attend such booked consultation session, 15% from the Consultation Fee shall be deducted and the remaining Consultation Fee shall be refunded to the User. However, in the event the Third Party Nutrition Partner / counsellor cancels the booked consultation session or does not show up during such consultation session, then the User shall receive a 100% refund of the Consultation Fee paid by the User.
• 8.7.4Further, the User can reschedule the consultation session with the Third Party Nutrition Partner / counsellor till 1 hour of such consultation session being conducted, without any charges.
• 8.7.5 A Partner Doctor cannot reschedule a consultation session appointment naturally. The Partner Doctor shall be able to cancel an appointment at any given point of the day and in the notes section add a comment with the new suggested time for the consultation session.

9. USER’S CONTENT

• 9.1 It is hereby clarified that the Medical and Health Records that you upload or post shall remain as your property and you grant Us the worldwide, perpetual and transferable rights in such Medical and Health Records. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with Applicable Law, use the Medical and Health Records or any of its elements for any type of use, including but not limited to research purpose, promotional and advertising purposes and in any media whether now known or hereafter devised, and you are not entitled to any payment or other compensation for such use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

• 9.2 Posting any form of content by the User on the Platform must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Platform, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy. We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if We deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.

• 9.3 In case any content is considered to be unlawful or against the law within any jurisdiction in which the Platform can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.

10. TERMS RELATED TO PAYMENT

• 10.1 Please note that the User can avail the Services on the Platform by making payments towards the requisite charges/fees, as applicable in respect of any Service(s), such as Consultation Fee, Diagnostic Test Charges, Third Party Product Purchase Charges (collectively as “Services Charges” and severally as “Service Charge”).

• 10.2 For the purpose of making payments towards any Service Charge(s), the User can make such payments via any one of the following methods of payment:
  1. Credit/Debit Card;
  2. Net Banking;
  3. UPI

• 10.3 Please note that any payments and transactions in respect of Service(s) under these Terms of Use may be facilitated by or through third-party payment processors, online fund transfer facility through banks or credit cards or mobile & internet-based payment/ commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitators”). In this respect, it is clarified that services of Payment Facilitators are utilized for the purposes of making any payment transaction in respect of Service(s) under these Terms of Use and use of such services of Payment Facilitators shall not render the Platform liable or responsible or assume any liability, whatsoever in respect of any loss or damage, arising directly or indirectly to the User on account of (i) lack of authorization for any transaction(s); (ii) exceeding the pre-set limit mutually agreed by and between the User and his/ her bank; (iii) any payment issues arising out of the transaction; (iv) decline of transaction for any reason; or (v) for any other reason whatsoever.

• 10.4 It is agreed between the Parties that all payments made against the services on the Platform shall be in INR and the Platform shall not facilitate transaction with respect to any other form of currency for the payment to be made to avail the Services.

• 10.5 Any payment in respect of Services shall be subject to applicable tax laws of India.

• 10.6 If You have any queries in relation to any issue, you can call our help desk at +91-8105171596 or email Us at info@4basecare.com or contact our customer support executives through online chat on the Platform (“Customer Support”).

11. INDEMNITY

In addition and not in derogation of the specific indemnities provided by you to the Company under these Terms of Use and/or policies of the Company, you agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. against any and any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform or such party, to the extent such losses are based on or arising out of or in connection with: (a) any breach or non-performance of any of the Terms of Use and/ or other terms and conditions of the Company/ Platform with respect to use and access of the Platform and availing of Service(s); (b) truthfulness and correctness of the information provided by the User at the time enlisting with the Platform and/ or availing the Service(s); (c) any claim which the User may have with respect to interaction, communication, dealing, consultation, advice and transaction between the User and third parties/ Third Party Service Provider(s); (d) any content posted by the User on the Platform and User’s use of the Service(s) available on the Platform; (e) any third party due to, or arising out of, or in connection with, your use of the Platform and/ or availing of Service(s); (f) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property rights.

12. INTELLECTUAL PROPERTY RIGHTS

• 12.1 For the purpose of these Terms of Use herein, the terms, “IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any Applicable Law.

• 12.2 It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other material appearing on the Platform are the property of the Company, its parent, affiliates and associates and are protected under applicable Indian laws.

• 12.3 It is hereby clarified and agreed by you that (i) the Company/ Platform owns all the intellectual property rights in and relating to the Company/ Platform and Services offered through Platform and your use of the Platform and/or availing of Services does not grant or confer you any rights in relation to our IPRs or our affiliates’ or licensor’s or suppliers’ IPRs; (ii) the structure of the Platform shall not be reproduced, distributed or published, in whole or in part, by you for any purpose; other than in connection with your private use of the Platform and/ or availing of Services, you shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any IPRs or content in relation to the Platform and/ or availing of the Services or the computer codes or elements which comprise the Platform; (iii) by using, accessing or visiting the Platform and/ or availing the Services, you acknowledge and agree that the general layout, content and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms of Use does not grant to you any rights to any IPRs in respect of the Platform or any content; (iv) the User cannot create any derivative work or technology based upon any IPRs, confidential or proprietary information of the Company/ Platform; (v) the User cannot adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of the Company/ Platform or take any other action that infringes upon or impairs the Company’s trademark (whether registered or unregistered) or other IPRs; and (vi) other than as set out in this clause and the Platform’s policies, you are not permitted to use any of our intellectual property rights without our (and our affiliates’, licensor’s or suppliers’) prior written consent.

13. TERMINATION

• 13.1 You agree that the Company, in its sole discretion and for any, including inter alia without limitation if you breach these Terms of Use, may terminate your access to and use of the Platform, at any time. You agree that any termination of your access to the Platform and/ or suspension/ termination of your User Profile may be affected without prior notice, and in this respect the Company/ Platform shall not be liable to you for any such termination. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform.
• 13.2 The provisions of these Terms of Use shall continue to apply until terminated by either of the Party. In case of User wanting to terminate these Terms of Use, the User may do so by: (i) not accessing the Platform; or (ii) closing their User Profile.
• 13.3 We reserve the right to, at any time, and with or without notice, terminate these Terms of Use against the User, if:
  1. there is any breach any of Applicable Law(s) or the provisions of these Terms of Use or the terms of the Privacy Policy, the Company’s Policies or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that the User do not intend to, or are unable to, comply with the same); or
  2. the Platform is unable to verify or authenticate any information provided to the Platform by the User;
  3. We believe, in its sole discretion, that the User’s actions may cause legal liability to the Company/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Platform;
  4. We are required to do so by law; or
  5. the User fails to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to provide the Services to the User;

• 13.4 You acknowledge and agree that the Company may immediately deactivate or delete your User Profile and all related information and files in your User Profile and/or bar any further access to such files or the Service(s). Further, you agree that the Company shall not be liable to you or any third-party for any termination of your User Profile or denial of access to the Service(s)/Platform. In the event of termination of your User Profile by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any of your past acts without any liability to the Company.

• 13.5 The Company does not permit copyright infringing activities on the Platform and reserves the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract and/or equity.

• 13.6 The User is entitled to terminate this legal relationship, at all times by deletion of the User Profile and, thus disabling the use of the Platform/ Service(s).

14. LIABILITY

• 14.1 In no event shall We, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Platform; availing of Service(s); any interaction, communication, dealing and transaction between you and any third party/ third Party Service Provider(s).

• 14.2 The limitations and exclusions in this section apply to the maximum extent permitted by Applicable Law. The Company accepts no liability for any loss or damage suffered due to the User’s reliance on the product/ services offered by Third Party Service Provider(s) or any other third party. Also, the Company shall not be responsible for any inaccurate/ incorrect information provided by any Third Party Service Provider(s) or any other third party.

• 14.3 The User understands and agrees that (i) the Company / Platform is not involved in providing healthcare or medical advice or diagnosis and, therefore, is not liable for interaction, communication, dealing and transaction between you and any Third Party Service Provider(s) or any other third party; and (ii) the Company/ Platform shall not be liable for any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Platform and any unauthorized access to or alteration of your transmission or data.

• 14.4 The Company/ Platform shall not be liable for any loss or liability to the User caused by any unauthorized use of the User Profile and the User, in this respect, shall indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Company/ Platform to the extent of such losses being based on or arising out of or in connection with such unauthorized or fraudulent use of the User Profile.

• 14.5 User will be responsible for and thus releases the Company from any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms of Use and further agrees to hold harmless and indemnify the Company in this regard.

• 14.6 In no event shall the total aggregate liability of the Company/ Platform to any User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability or otherwise) arising from these Terms of Use or any of your use of the Platform exceed an aggregate amount of INR 2500. We accept no liability for any errors or omissions on behalf of You.

• 14.7 You should be aware that the Company is a healthcare and wellness facilitator and not a licensed medical care provider or a licensed provider of medical advice. The Platform/ Company is neither a medical institution nor a medical clinic.

15. DISCLAIMERS

• 15.1 THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, OR CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.

• 15.2 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, THE COMPANY/PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY/PLATFORM DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE COMPANY/PLATFROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PLATFORM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

• 15.3 THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY HARM TO PERSONS RESULTING FROM ANY INSTRUCTION REFERRED TO IN THE PLATFORM. WE DO NOT WARRANT THAT THE PLATFORM, OR ITS CONTENT WILL MEET YOUR REQUIREMENTS.

• 15.4 IT IS EXPRESSLY CLARIFIED THAT THE PLATFORM HAS NO DOCTOR-PATIENT RELATIONSHIP WITH THE YOU AND DOES NOT REPLACE THE RELATIONSHIP WITH YOUR PHYSICIAN/DOCTOR AND/OR HEALTHCARE PROVIDER WHO ARE SEPARATE FROM THE PARTNER DOCTOR(S).

• 15.5 THE PLATFORM IS INTENDED FOR GENERAL PURPOSES ONLY AND IS NOT MEANT TO BE USED IN EMERGENCIES/SERIOUS ILLNESSES REQUIRING PHYSICAL CONSULTATION/ IMMEDIATE MEDICAL TREATMENT.

• 15.6 ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USER AND THIRD PARTIES/ THIRD PARTY SERVICE PROVIDERS WHILE AVAILING THE SERVICES IS A SEPARATE TRANSACTION. THE COMPANY DOES NOT HAVE ANY CONTROL OVER SUCH INFORMATION AND PLAY NO DETERMINATIVE ROLE IN THE FINALIZATION OF THE SAME AND HENCE DO NOT STAND LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALING OR TRANSACTION BETWEEN THE USER AND SUCH THIRD PARTY SERVICE PROVIDERS/ ANY OTHER THIRD PARTY.

• 15.7 THE PLATFORM IS ONLY AN INTERMEDIARY AND CANNOT BE HELD LIABLE FOR ANY DISPUTE/CLAIMS/DAMAGES THAT ARISE BETWEEN THE USER AND THIRD PARTIES/ THIRD PARTY SERVICE PROVIDERS. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED DUE TO YOUR RELIANCE ON THE PRODUCT/ SERVICES/INFORMATION PROVIDED BY SUCH THIRD PARTIES/ THIRD PARTY SERVICE PROVIDERS.

• 15.8 YOU UNDERSTAND THAT THE PLATFORM ALLOWS YOU TO AVAIL THE SERVICES OF THE THIRD PARTY SERVICE PROVIDERS, THEREFRE, THE USER MUST UNDERSTAND AND AGREE THAT THE COMPANY/PLATFORM SHALL NOT BE LIABLE FOR ANY DEFICIENCY IN SERVICES OFFERED BY SUCH THIRD PARTY SERVICE PROVIDERS AND ANY MISCONDUCT, INJURY CAUSED OR LACK OF KNOWLEDGE FROM THE END OF SUSCH THIRD PARTY SERVICE PROVIDERS.

• 15.9 THE PLATFORM CANNOT GUARANTEE THE ADEQUACY, CURRENCY OR COMPLETENESS OF THE PLATFORM CONTENT. THE COMPANY/ PLATFORM DOES NOT WARRANT OR ENDORSE THE EFFECTIVENESS, QUALITY OR SAFETY OF THE THIRD PARTY PRODUCTS AND SERVICES AVAILABLE ON THE PLATFORM.

16. SEVERABILITY

• 16.1 If for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the User and the Company collectively) as reflected by that provision. The remainder of the Terms of Use shall continue in full force and effect.

17. WAIVER

• 17.1 No provision of these Terms of Use shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

18. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

• 18.1 These Terms of Use are subject to the laws of India. These Terms of Use shall be governed by the laws of India. Subject to Clause 18.2 below, courts and tribunals of Bangalore, India, have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use (including any disputes regarding the existence, validity or termination of these Terms of Use).

• 18.2 All disputes arising out of or in connection with the Terms of Use shall be attempted to be settled through negotiation between senior management of the Company and the User. If any dispute arising between the Parties is not amicably settled within reasonable period of sixty (60) days of the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as applicable and amended from time to time.

• 18.3 The dispute shall be referred to a sole and independent arbitrator to be appointed/ nominated by the Parties. The seat and venue of the arbitration shall be Bangalore, India.

• 18.4 The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the User will bear its own costs of the arbitration.

19. NOTICES

The Company may give notice by means of a general notice on the User Profile or Platform, or by electronic mail to User’s email address or contact number, or by written communication sent by regular mail to User’s address on record in the User Profile. The User may contact Company by electronic mail to the compliance/ Grievance Officer at the email address or by written communication sent by regular mail to the address provided below.

20. FORCE MAJEURE

• 20.1 The Company shall not be liable for any failure to perform any obligations under these Terms of Use or in respect of provision of the Service(s) through the Platform, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

21. OTHER TERMS

• 21.1 Other than that, when expressly allowed, any use of our content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.

• 21.2 Please note that if You navigate away from the Platform to a third party website or application`, then You may be subject to and bound by alternative terms of use and privacy policy applicable to such third-party website or application.

• 21.3 The rights and obligations under the Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.

• 21.4 No partnership, joint venture or relationship of employee/ employer or franchisor/ franchisee arises between you and Us by reason of the Terms of Use.

• 21.5 In our discretion We may serve any notice or communication on you by mail. In the case of notices sent by mail, you will be deemed served 5 (five) business days after dispatch of the same.

• 21.6 As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, and/or any other mode of communication as We may deem appropriate to send you in connection with our Platform and Services. For further details relating to the same, please refer to our Privacy Policy.

22. GRIEVANCE OFFICER

• 22.1 Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms of Use shall be immediately informed to Mr. Kshitij Rishi (“Grievance Officer“) through email at info@4basecare.com
  in with the electronic signature or in writing at the following address to:

Vaishnavi Signature, 1st Floor,
No. 78/9, Outer Ring Road, Bellandur Village
Varthur Hobli Bengaluru East Ground Floor,
Bengaluru, Karnataka – 560103