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APP : KAREXPERT WEBAPP
USER ID : 20158

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY CLICKING ON “I ACCEPT” OR “I AGREE” OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I ACCEPT” OR “I AGREE” OR DOWNLOAD, INSTALL OR USE THE SERVICES (AS DEFINED BELOW).

Effective Date: 1st April 2017

KareXpert Technologies Private Limited (“KareXpert”, “we”, “us”, “our” or “Company”) is the owner, proprietor and operator of the website www.karexpert.com (“Website”) and the ‘KareXpert’ mobile application available on the Google Play Store and the Apple App Store (“Mobile App”). KareXpert provides an online cloud based platform to connect patients with care providers, including hospitals, nursing homes, clinics, doctors, pharmacies shops, diagnostic labs, imaging centers, blood banks, organ banks and ambulance services, telehealth care services from various service providers and other services in relation thereto as detailed on the Website.

These Terms and the Privacy Policy (as available on https://www.karexpert.com/privacypolicy (“Privacy Policy”) and any other policy formulated by us are meant to be read in accordance with each other and together constitute a legal agreement between you, the End-User and KareXpert (“Agreement” or “Terms”). Our Terms are applicable to all visitors, users and any other person (natural or legal) who use the Services, directly or indirectly, and is meant to be read in accordance with the Privacy Policy and any other policies formulated by us from time to time. These Terms are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms for access or usage of the Website, the Mobile App or the Services (as the case may be).

  1. Definitions

Unless the context requires otherwise, all capitalised terms used herein but not defined shall have the same meaning ascribed to them in the Privacy Policy.

    1. Affiliate(s)” means in relation to any Party, a Person that (directly or indirectly) Controls or is Controlled by or is under common Control of such Party.

    2. Applicable Laws” or “Law” means any statute, law, regulation, ordinance, rule, judgment, order, decree, bye-law, approval of any Government Authority, directive, guideline, policy, requirement or other governmental restriction or any similar form of decision of or determination by, or any interpretation or administration having the force of law of any of the foregoing by any Government Authority having jurisdiction over the matter in question, in effect as of the date of this Agreement;

    3. Application Store(s)” mean mobile application stores on which the Mobile App shall be made available, including but not limited to the Google Play Store and the Apple App Stores;

    4. Ambulance(s)” means ambulance services listed on the Platform, who will provide emergency medical services to End-Users;

    5. Blood Bank(s)” means the blood banks listed on the Services, who will provide medical services to End-Users;

    6. Chemist(s)” means chemists registered on the Services, who will dispense medicines to Registered Users on the basis of [ePrescription]1;

    7. Control” shall have the same meaning as ascribed to the term in section 2 (27) of the Companies Act, 2013; and “Controls” and “Controlled” shall be construed accordingly;

    8. Deficiency” means any fault, imperfection, shortcoming, defect, deficiency or inadequacy in the quality, nature and manner of service(s) provided by the Healthcare Service Provider or the Platform, including which is required to be maintained by or under any Applicable Law, and shall include any delay(s) in providing service;

    9. End-User(s)” means a patient or his or her representative or affiliate, searching for Healthcare Service Providers or proposing to search for Healthcare Service Providers using the Services;

    10. ePrescription” means electronic Prescription that allows physicians and other medical practitioners to write and send prescriptions to a participating consulted patients, pharmacy and other healthcare provider electronically instead of using handwritten.

    11. Government Authority means any (a) federal, national, state, local, municipal, foreign or other government, (b) governmental or quasi-governmental authority of any nature (including any governmental agency, branch, department or other entity and any court or other tribunal), or (c) body exercising, or entitled to exercise, any administrative, executive, judicial, legislative, police, regulatory or taxing authority or power of any nature;

    12. Grievance Officer” shall have the same meaning ascribed to such term in Clause 21.1;

    13. Health Profile” means the health profile created by a Registered User on the Platform using the facility labelled as ‘Health Profile’ on the Platform, detailing the following information:

      1. Information provided by Registered Users: medical history and medical information of the Registered User, including basic personal details (including name, gender, age, height, weight, blood group, spoken languages, date of birth, email ID, address, health conditions, blood pressure records, temperature records, blood sugar records, weight records; and

      2. Information provided by Healthcare Service Providers: medical reports, diagnostic reports, lab reports, prescriptions, and any other information that may be sought by the Platform;

    14. Healthcare Service Providers” mean and include, Practitioners, Hospitals, Blood Banks, Labs, Imaging Centers ,Chemists and any other healthcare service provider providing the Users with services by way of the Website, the Mobile App or the Services;

    15. Hospital(s)” means hospitals, clinics or nursing homes listed on the Platform, who provide medical services to End-Users;

    16. Imaging Center(s)” means imaging centers listed on the Platform, who provide imaging services for diagnostic purposes, including x-ray to End-Users;

    17. Intellectual Property Rights” or “IPR” means and includes all copyrights, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); and all other intellectual property rights and equivalent pertaining to the Platform and/or that of the Company (as the case may be) including the data generated on the Platform (by whatever name called) and also the rights pertaining to hosting or making the Platform available on any Application Stores, device or server;

    18. Lab(s) mean laboratories listed on the Platform, that will collect patient samples from End-Users for the purpose of conducting Lab Tests;

    19. Lab Test(s)” mean the pathological tests and other varied diagnostic tests conducted by the Labs on the samples collected from the End-Users;

    20. Losses” means and includes all losses, damages, costs, expenses, payments, charges and other liabilities of any nature (including fines, penalties, interest and legal and professional fees whatsoever) whether present or future, fixed or unascertained, actual or contingent.

    21. Non-Registered User(s) mean End-Users who have not registered themselves on the Website, the Mobile App or the Services (as the case may be) and shall only have the right to access limited information on the Website, the Mobile App or the Services (as the case may be);

    22. Parties” means collectively the parties to this Agreement, i.e. the End-User and the Company;

    23. Party” means either the End-User or the Company (as the case may be);

    24. Payment Gateway” means the electronic payment service provided on the Platform for authorizing debit card, credit card, net banking, online wallet or any other method of payments included by the Company for processing all payments to be made by End-Users under the Platform;

    25. Person” means any individual or other entity, whether a corporation, firm, company, joint venture, limited liability partnership, trust, association, organization, partnership or proprietorship, whether or not having a separate legal personality, including any Government Authority;

    26. Platform” means the Website and the Mobile App (as the case may be);

    27. Practitioner(s)” or Healthcare Practitioner(s) or HCP(s) means duly qualified medical practitioners or healthcare practitioners (whether individual professionals or a corporate entities) or similar entities intending to be registered, or already registered on the Services, including representatives of such practitioners or health care providers:

      1. with whom Registered Users can book appointment using the Services;

      2. who can provide information to questions raised by Registered Users;

      3. with whom Registered Users can consult privately by way of audio chat, video chat, text chat or physical consultation;

      4. who can generate and provide health related information and education material for general use of Registered Users;

    28. Registered User(s) mean End-Users who have registered themselves on the Website, the Mobile App or the Services (as the case may be) in accordance with the procedure laid down in Clause 3.4 and who can log on to the Website by providing their username and password;

    29. User(s)” means any user of the Website, the Mobile App or the Services (as the case may be), including but not limited to Hospitals, Practitioners, Chemists, Labs, Registered Users, Non-Registered Users, End-Users;

  1. Interpretation

    1. The headings and titles herein are used for convenience of reference only and shall not affect the construction of this document;

    2. References to one gender include all genders;

    3. Other than specifically provided, references to Clauses, and Schedules are references respectively to the clauses and schedules of or to this document;

    4. In this document unless the context thereof otherwise requires, any reference to any statute, rules, ordinances or other Laws shall be deemed to include any amendment, replacement or modification thereof;

    5. Words in the singular shall include the plural and vice versa;

    6. Unless otherwise expressly stated, the words “herein”, “hereof”, and “hereunder” and other words of similar import refer to this document as a whole and not to any particular Clause or section or other subdivision of this document;

    7. When any number of days is prescribed in this document, the same shall be reckoned inclusive of the first and the last day unless the last day does not fall on a Business Day, in which case the last day shall be the next succeeding day which is a Business Day;

    8. Time is of the essence in the performance of the Parties’ respective obligations hereunder. If any time period specified herein is extended, such extended time shall also be of the essence;

    9. References to persons shall include individuals, body corporates (wherever incorporated), unincorporated associations and partnerships;

    10. References to an “agreement” or “document” shall be construed as a reference to such agreement or document as the same may have been amended, varied, supplemented or novated in writing at the relevant time in accordance with the requirements of such agreement or document;

    11. All schedules, annexures and exhibits to this document form an integral part of this document and are legally binding on all the Parties.

  2. Description of Services

    1. KareXpert is the owner, proprietor and operator of the Website and the Mobile App. KareXpert inter alia provides services of an aggregator by way of an online cloud based platform to connect End-Users with Healthcare Service Providers, including Practitioners, Hospitals, Blood Banks, Labs, Imaging Centers, Chemists as detailed on the Platform.

    2. The Healthcare Service Providers shall be connected by way of the KareXpert Services which shall be downloaded, installed or accessed (as the case may be) on their respective electronic devices by way of which the Users can avail and engage the services of the Healthcare Service Providers using the Platform.

    3. The End-User hereby agrees, acknowledges and confirms that KareXpert is not under any responsibility or liability for providing the Services free of Deficiency or any other interruptions and shall not be liable for any Loss arising therefrom or in connection therewith. The End-User further agrees, acknowledges and confirms that KareXpert does not warrant that access to the Platform or the Services will be uninterrupted or error-free, or that defects or Deficiencies, if any, will be corrected; nor does KareXpert make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the Platform or any of the information contained therein and the End-User you expressly agrees that his use of the website and his reliance upon any of its contents of the Platform and the Services is at his sole risk.

    4. For the purpose of availing the Services, the End-Users will be required to register themselves on the Services in the following manner:

      1. The End-User shall submit to the Platform, his name in full, as appearing on the PAN Card (in case the End-User is an entity, its corporate name), personal mobile number, email ID, desired password and any other information or data that the Company may require in order to create an online account for the End-User on the Platform (“Login Details”). The End-User may also opt to link his account with KareXpert to his Unique Identification Authority of India (“UIDAI”) number. After submitting the aforementioned data, such End-User shall receive a one-time password by way of SMS on the personal mobile number provided by him, in order to verify his identity. The End-User will be required to enter the one-time password received by him by way of the SMS on the Website or the Mobile App (as the case may be) in order to verify his identity and the authenticity of the information provided by him. Upon successfully completing the registration process, the End-User shall receive a confirmation email on the email ID provided and shall be deemed to be a Registered User.

      2. The Registered User shall be solely liable and responsible for maintaining the security of his Login Details generated for accessing the Platform and the Services, and shall not disclose his Login Details to any unauthorized Person and shall be solely liable and responsible for any use of or action taken using his registered account. The final decision on permitting the End-User to be registered on the Platform shall rest with the Company. The Company shall be entitled to refuse or reject the registration of any End-User on the Platform without being obligated to provide any reasons for such rejection or refusal.

    5. In order to avail the services of a Healthcare Service Provider using the Platform, the Registered User shall select the appropriate service he intends to avail using the Platform from amongst the following inter alia:

      1. viewing generic and preliminary information and profiles of Practitioners to the extent of information shared by the Practitioner(s) at the time of registering with the Platform including, their name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships, along with various search features to aid in browsing through and accessing the Practitioners’ profiles based on information provided by the Registered User to filter the search features (such as area of specialty, symptoms and geographical location);

      2. consult a Practitioner privately by way of private, in-person consultation booked using the Services;

      3. consult a Practitioner privately by way of audio chat, video chat, text chat or any other method as made available by the Platform, after paying consultation fee of the Practitioner;

      4. making payments to the Practitioners (via the Platform) for consultations/appointments booked, whether in-person consultation or by way of audio chat, video chat text chat or any other method as made available by the Platform;

      5. manage appointments made with Practitioners and other Healthcare Service Providers;

      6. manage the Health Profile by making changes or adding further information;

      7. view location and contact details of Hospitals in proximity to the location of the End-User;

      8. view location and contact details of Labs in proximity to the location of the End-User;

      9. view location and contact details of Chemists in proximity to the location of the End-User

      10. view location and contact details of Imaging Centers in proximity to the location of the End-User; and

      11. view location and contact details of Blood Banks in proximity to the location of the End-User.

    6. In order to avail the services of a Healthcare Service Provider using the Platform, the Non-Registered User shall select the appropriate service he intends to avail using the Platform from amongst the following inter alia:

      1. viewing generic and preliminary information and profiles of Practitioners to the extent of information shared by the Practitioner(s) at the time of registering with the Platform including, their name, qualification, experience, specialization, consultation fees, personal statement, education, professional memberships, along with various search features to aid in browsing through and accessing the Practitioners’ profiles based on information provided by the Registered User to filter the search features (such as area of specialty, symptoms and geographical location);

      2. view location and contact details of Hospitals in proximity to the location of the End-User;

      3. view location and contact details of Labs in proximity to the location of the End-User;

      4. view location and contact details of Chemists in proximity to the location of the End-User

      5. view location and contact details of Imaging Centers in proximity to the location of the End-User; and

      6. view location and contact details of Blood Banks in proximity to the location of the End-User.

    7. Against every Practitioner listed on the Platform, the Registered User will see a ‘consult’ option (including by way of physical in-person consultation or audio chat, video chat or text chat). In the event the Registered User chooses to consult a Practitioner through audio chat, video chat or text chat (by way of the ‘RPD’ service provided by the Platform), the records of such communication are recorded and stored in KareXpert’s servers and form a part of the End-Users Content. Such records are dealt with only in accordance with the terms of the Privacy Policy.

    8. Once a consultation/ appointment is booked by a Registered User with the Practitioner or any other Healthcare Service Provider, the Platform shall set a notification reminder based on the time and date of the said consultation / appointment. KareXpert is not liable if for any reason such notification reminders are not delivered to the End-User or are delivered late or delivered incorrectly. In case the End-User does not wish to receive the reminders, you can request your Practitioner to disable such reminders during your consultation or you can turn off such reminders by changing the settings on your mobile device or your computer device.

    9. All communication from KareXpert with regard to the Health Profile will be sent to the details keyed in by the Registered User in the Login Details and in the Health Profile. Each time a Registered User wishes to change any of his contact information (including mobile or email ID), he will need to contact KareXpert and KareXpert will update such information on the Platform and the Services. KareXpert is not responsible for any loss or inconvenience caused due to a Registered User not updating his contact details (mobile or email ID) on the Health Profile or the Platform.

  3. Agreement

    1. The End-User agrees and acknowledges that he will be bound by this Agreement for availing any of the Services or registering on the Platform.

    2. The End-User’s right and ability to access the Website, the Mobile App and the Services (as the case may be) shall be at the sole discretion of KareXpert. KareXpert reserves its right to terminate this Agreement at any point in time, at its sole discretion.

  4. Right to Amend

    1. No terms or conditions of the Agreement and/or this document may be amended, modified, varied or waived without the prior written consent of the Company and any such amendment, modification, variation or waiver hereunder shall be binding on all the Parties.

    2. Notwithstanding anything contained in Clause 5.1, the Company shall be entitled to amend, modify, vary the terms of the Agreement and/or this document at any time upon written or electronic notice to the End-Users. In the event the End-User does not agree to such amendments, modifications, variations, the sole remedy of the End-User is to immediately terminate the Agreement upon at least 15 (fifteen) days prior written notice to the End-User. Any End-User’s continued use of the Platform or the Services, after any modification to this Agreement shall constitute the End-User’s acceptance of such modification, amendment or supplementation.

  5. Terms of Use

    1. The End-Users accessing the Platform or the Services (as the case may be) shall be bound by the terms of this Agreement, any terms and conditions imposed by the Application Stores and by the provisions of Applicable Laws.

    2. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS OR APPLICABLE LAWS, DO NOT CLICK THE "I AGREE" BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE PLATFORM OR THE SERVICES (AS THE CASE MAY BE). You expressly represent and warrant that you have clearly understood the terms of this Agreement prior to using the Platform or the Services or attempting to use the Platform or the Services (as the case may be). Any violation or breach of the terms of this Agreement by you, may result in legal liability upon you. Nothing in this Agreement should be construed to confer any rights to any third party or any other Person. YOUR USE OF THE WEBSITE, MOBILE APP OR THE SERVICES (AS THE CASE MAY BE) MEANS YOU HAVE CONSENTED TO THESE TERMS. Any End-User that does not agree with any of the provisions contained herein is required to leave this computer resource and immediately discontinue the use of this Platform and all Services.

    3. As is” basis: KareXpert is a technology platform that contains listing of various Healthcare Service Providers and medical information of End-Users for the convenience and benefit of the End-Users and the Healthcare Service Providers. It is the sole choice of the End-Users to visit, subscribe, use, accept or avail the services provided or offered by KareXpert. Neither KareXpert, nor any of its directors, employees, representatives, agents or Affiliates shall be held liable or responsible for negligence, deficiency of service, damage, or other Loss, foreseeable or unforeseeable, caused to either Party by any of the Healthcare Service Providers or by KareXpert or by any Affiliate of KareXpert or by use of the Platform in any manner whatsoever (as the case may be). The End-Users acknowledge and agree that they shall use the Services solely at their own risk and the Services are provided by KareXpert to the End-Users on an “as is” basis and that the Company does not provide any warranty (express or implied) as to the KareXpert Content or the End-User Content or any other content made available on the Platform and the Services, including the content relating to Healthcare Service Providers.

    4. The End-User acknowledges and agrees that the Company (i) does not recommend or endorse any Healthcare Service Provider (including the Practitioners) available on the Platform and the Services; and (ii) does not make any representations or warranties with respect to the Healthcare Service Providers (including the Practitioners) or the quality of the healthcare services they may provide or offer to provide to the End-User.

    5. The End-User acknowledges and agrees that the Healthcare Service Providers, including the Practitioners that us the Services and the Platform are not employed by or agents of the Company and/or the Platform and that the Company and the Platform makes no representations as to the qualifications or competency of any of the Healthcare Service Providers available on the Services and the Platform.

    6. Age Restriction: The Services offered by KareXpert are meant for adults over the age of 18 years. By registering, or accepting this Agreement, you represent and warrant to KareXpert that you are either 18 years of age or older, and that you have the right, authority and capacity to use the Services available through the Website or Mobile App (as the case may be) and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Services under Applicable Laws.

    7. Registration Information: The End-User agrees, acknowledges and undertakes that any registration information he provides KareXpert will always be true, accurate, correct, complete and up to date and he possess valid supporting Government identification documents to prove the authenticity of such information.

    8. Login Details: Multiple users are not permitted to share and use the same Login Details. If you are an employee, associate, consultant or other Affiliate of a Registered User, and have been authorised by the Registered User to use the Platform or the Services (as the case may be), this Agreement shall apply to you, the Registered User and KareXpert. Registered Users are not permitted to license, lease, assign or in any manner transfer their Login Details to any other Person, save and except their employees, associates, consultants or other duly authorised affiliates. In this regard, the Registered User shall be responsible for the manner in which any Person authorised by such Registered User uses the Platform or the Services (as the case may be). The Registered User is responsible for maintain the confidentiality of his Login Details, including the username and password.

    9. Permitted Use: The Registered User agrees, acknowledges and undertakes to use the Platform and the Services (as the case may be) only in accordance with the terms of this Agreement and in accordance with Applicable Laws and further undertakes that he shall not engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Platform and the Services. The Registered User undertakes that he will not reproduce, duplicate, copy, rent, lease, trade, sell, or transfer in any manner whatsoever any of the KareXpert Content including elements of the Platform.

    10. KareXpert Interface: The Registered User agrees, acknowledges and undertakes not to use the Platform and the Services in any manner other than through the interface that is provided by KareXpert, unless you have specifically been permitted access to a different interface by KareXpert by way of a separate agreement.

    11. KareXpert reserves the right to use the End-Users Content captured by the Platform or Services for the purpose of improvement and enhancement of the Platform and the Services and providing analytics and business intelligence to third parties. KareXpert shall use such End-Users Content in order to make its Platform and Services more useful by promoting new services, analyzing software usage patterns for improving services design and Platform design and analyzing the End-Users Content for research and development of new technologies and other services.

    12. KareXpert reserves the right to use the information stored or uploaded on the Platform or the Services (as the case may be) including but not limited to Users Information and demographic information.

    13. KareXpert reserves its right to add new functionality, remove existing functionality, and modify existing functionality to the Platform and the Services as and when it deems fit, and make any such changes available in new versions of the Platform and the Services, at its discretion. All the End-Users will be duly notified upon release of such newer versions and KareXpert reserves the right to automatically upgrade all End-Users to the latest version of the Platform and the Services as and when it deems fit.

    14. The End-User acknowledges and agrees that in the event of any problem, issues or Deficiency in the Platform or the Services, his sole remedy is to cease using the Platform and the Services. In no event shall the Company or any of its directors, officers, employees, agents, representatives or Affiliates be liable in any manner for the End-User’s use of the Platform or the Services or any of its content including, but not limited to, any errors, Deficiency or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any losses or damages of any kind arising directly or indirectly out of the use, inability to use, or the results of use of the Platform or the Services.

    15. The End-User acknowledges and agrees that in no event shall the Company or any of its directors, officers, employees, agents, representatives or Affiliates be liable for any direct or indirect losses (including, without limitation, any personal injury, wrongful death, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with the End-User’s use of the Platform or the Services (as the case may be).

    16. The End-User acknowledges and agrees that any references or weblinks to third party websites as may be provided on the Platform or the Services are not as an endorsement or recommendation by the Company or the Platform and the Company is in no manner responsible or liable for any content made available on such third-party websites. In the event an End-User uses accesses any of such third party websites, such End-User shall be leaving the Platform and the Services and shall be doing so at his own risk and consequence. In no event shall the Company be held responsible for the content of such third-party websites and does not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on such third-party websites.

    17. The Platform and the Services may contain third party advertisements. The display of such advertisements on the Platform and the Services does not in any way imply an endorsement or recommendation by/of the relevant advertiser, its products or services by the Company or the Platform or the Services. The End-User agrees and acknowledges that he shall independently refer to the relevant advertiser for all information regarding the advertisement and its products and/or services. The Company accepts no responsibility for any interaction between the End-User and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

    18. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and KareXpert accepts no liability for the same.

  6. Content of the Services

    1. The following categories of content is made available on the Platform and the Services:

      1. any content and information provided by End-Users to the Platform or the Services (as the case may be), including for the purpose of registering on the Services and any identifiable health information, including physical, physiological, mental health condition, medical records and history as may be uploaded and shared by the End-Users on the Services, including the records of the communication between the End-Users and the Practitioners that takes place on the Platform (“End-Users Content”); and

      2. content which KareXpert (through itself or its contractors) has generated or procured for the Website, the Mobile App or the Services, the information, text, graphics, images, logos, button icons, software code, design and the collection, arrangement and assembly of content on the Platform or the Services, all Intellectual Property Rights belonging to the Company and/or the Platform and/or any other content available on the Platform or the Services is the property of KareXpert and is protected under the copyright laws, trademark laws, design laws and other Applicable Laws (as the case may be) (collectively “KareXpert Content”).

    2. KareXpert does not have any obligation whatsoever to pre-screen or monitor the End-Users Content. KareXpert has the right to monitor, modify, amend and remove any End-Users Content from the Platform, if KareXpert determines in its sole discretion that such Users Content is in violation of this Agreement or any Applicable Law. In the event KareXpert removes any Users Content from the Website or the Mobile App or the Services (as the case may be) KareXpert will make reasonable efforts to inform such End-User who had posted such Users Content.2

  7. Representations and Warranties

    1. The End-User represents and warrants to the Company as follows:

      1. that he is legally capable of entering into and forming contracts and assuming contractual obligations under all Applicable Laws and has all requisite right, power and authority to perform its obligations under this Agreement;

      2. neither the execution, nor the delivery of this Agreement, nor the performance of the End-User’s obligations under this Agreement, nor compliance with any of the provisions therein or herein will: (a) conflict with or result in any breach of any provision of any agreement entered into by him; (b) result in a default (or give rise to any right of termination, cancellation or acceleration or require any consent of any third party) under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, license agreement, lease or other instrument or obligation to a Person or any of its properties or assets, as it may be bound; and (c) assuming compliance with matters set forth herein, violate any Applicable Laws to which he is bound;

      3. there is no legislation, regulation, temporary restraining order, preliminary or permanent injunction or other order issued by a court or other Government Authority of competent jurisdiction being in effect which: (a) restrains or prohibits the End-User from executing this Agreement and performing his obligations therein; and (b) has the effect of making the transactions contemplated herein void, illegal or otherwise prohibiting its completion;

      4. this Agreement constitutes or will constitute, following the execution and delivery thereof, valid and legally binding obligations on the End-User, enforceable against him in accordance with their respective terms;

      5. All the information provided by the End-User to the Platform or the Services (as the case may be) is true, accurate, correct, complete and up to date and the End-User possesses valid supporting documents to prove the authenticity of such information;

    2. The Company represents and warrants to the Company as follows:

      1. that the Company is a corporation, duly incorporated and validly existing under the laws of India and has full corporate power and authority to own, lease and operate the assets and properties it now owns, leases and operates and to carry on its business as now being conducted. The Company has the power to sue and be sued in its own name; and

      2. that the Company has the power to sign and deliver this Agreement and exercise its rights and perform its obligations under this Agreement.

  8. Access to the Website

    1. KareXpert may, at its sole discretion, suspend the End-User’s ability to use or access the Platform or the Services at any time while KareXpert investigates complaints or alleged violations of this Agreement or for any other reason, at its sole discretion.

    2. KareXpert makes no representation or warranty that the Platform or the Services offered shall be free from Deficiencies or any other interruptions.

    3. KareXpert makes no representation or warranty that the content on the Platform or the Services is appropriate or available for use in locations other than the territory of India. If you access this website from a location outside the territory of India, you do so at your own risk and initiative and are responsible for compliance with Applicable Law.

    4. If any Person accesses or uses the Platform or the Services on behalf of their dependents by registering their dependents with their own credentials, such Person is deemed to be responsible for the records of your dependents and all obligations that your dependents would have had had they maintained their own separate individual accounts.

  9. End-User Content

    1. The End User undertakes that he shall not host, display, upload, modify, publish, transmit, update or share any information that:

      1. belongs to another Person and to which the End-User does not have any rights;

      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

      3. harm minors in any manner;

      4. infringes any patent, trademark, copyright or other proprietary rights or violates any Applicable Law;

      5. deceives or misleads the addressee about the origin or such message or communicates any information which is grossly offensive or menacing in nature;

      6. impersonates another Person;

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

      8. 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.

    2. KareXpert uses industry–level security and encryption to safeguard the information saved provided by the End-Users on the Platform or the Services including the Health Profile. However, KareXpert cannot guarantee access if you lose your Login Details (user ID and/or password) or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to care@karexpert.com.

    3. Any and all End-User Content posted or otherwise provided by an End-User to KareXpert by means of the Platform or the Services is true and accurate, not misleading, and offered in good faith. The End-User agrees that any information provided through the Platform or the Services is not confidential and KareXpert may use information to improve the Platform and the Services and also to develop addition services to be offered by KareXpert.

    4. The End-User acknowledges and agrees that KareXpert may use ‘cookies’ and similar technologies like pixels, web beacons, and local storage to collect information about how End-Users use the Platform and the Services in order for KareXpert to enhance the overall experience of using the Platform and the Services;

  10. Medical Information

    1. The Platform and the Services may contain general information relating to various medical conditions and their treatment, however such content is provided for informational purposes only. NEITHER THE END-USER CONTENT, THE KAREXPERT CONTENT, ANY OTHER CONTENT OR INFORMATION AVAILABLE ON THE PLATFORM, NOR THE SERVICES OFFERED BY THE COMPANY ARE IN ANY MANNER INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NEITHER THE PLATFORM, NOT THE CONTENT CONTAINED THEREIN IS MEANT TO BE A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS. YOU SHOULD NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS ON THE PLATFORM.

    2. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT A QUALIFIED MEDICAL PROFESSION OR CONTACT THE EMERGENCY HEALTH CARE SERVICES IN YOUR LOCATION IMMEDIATELY.

    3. KAREXPERT IS NOT ENGAGED IN RENDERING MEDICAL OR SIMILAR PROFESSIONAL SERVICES OR ADVICE, AND THE INFORMATION ON THE PLATFORM OR BY WAY OF THE SERVICES IS IN NO MANNER INTENDED TO REPLACE MEDICAL ADVICE OFFERED BY A MEDICAL PROFESSIONAL.

    4. Neither the information provided on the Platform or the Services, nor any other information provided by KareXpert should not be used for diagnosing a health problem or disease.

    5. THE END-USER ACKNOWLEDGES AND AGREES THAT HE SHALL NOT CONSTRUE THE CONTENT ON THE PLATFORM OR THE SERVICES AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT OR THE ACCURACY OF SUCH CONTENT.

    6. The End-Users Content is provided on an “as-is” basis and KareXpert does not validate the said Users Content and makes no representation in connection therewith. You should contact the relevant User in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.

    7. THE END-USER ACKNOWLEDGES AND AGREES THAT THERE ARE VARIOUS LIMITATIONS TO AVAILING THE SERVICES OF HEALTHCARE SERVICES PROVIDERS USING THE PLATFORM OR THE SERVICES, INCLUDING THE INABILITY OF A PRACTITIONER TO CONDUCT A PHYSICAL EXAMINATION AND TO PHYSICALLY CHECK SYMPTOMS (IF ANY).

  11. Intellectual Property

    1. All the KareXpert Content is the property of KareXpert and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Removing, altering, tampering or infringing or attempting to remove, tamper or infringe any such intellectual property rights on any material that appears on the Platform or the Services (as the case may be) is strictly prohibited. Nothing contained on the Platform or the Services (as the case may be) should be construed as granting any license or other right to the End-Users.

  12. Payment Policy

    1. All services offered by KareXpert by way of the Platform and the Services are offered on a fixed fee basis as is indicated and are not subject to any negotiations.

    2. For availing any of the Services on the Platform, including consulting Practitioners or any other Healthcare Service Providers, payments shall be made in advance by Registered Users using the Payment Gateway. The Registered Users shall make payments through their credit card, debit card, net banking, and payment wallets or through any other channel permitted under Applicable Laws and permitted by KareXpert from time to time, using the Payment Gateway.

    3. The payment made by the Registered Users using the Payment Gateway shall directly flow from the Registered User to the bank account of the Healthcare Service Provider registered with the Platform, after deduction of the fixed fee charge payable by the Registered Users and/or the Healthcare Service Provider to the Platform, which shall be credited to the designated bank account of the Company. The Company shall not be liable or responsible in any manner whatsoever for any issues, claims or Losses arising out of such a transaction on the Payment Gateway.

    4. KareXpert may add new services to the Platform for an additional fees payable by the Registered Users and KareXpert may amend fees and charges for the Services, at any time, at its sole discretion.

    5. The End-User agrees and acknowledges that the billing credentials provided by him to KareXpert by way of using the Platform, the Services and the Payment Gateway is true, accurate, correct, complete and up to date and he shall not use credentials that are not belonging to him.

    6. The End-User agrees, acknowledges and undertakes to pay the subscription fees, consulting fees and other fees payable by such End-User for using the Platform and the Services and undertake not the circumvent, avoid or evade the payment structure and Payment Gateway in any manner whatsoever.

    7. All fees payable by the End-User for the usage of the Platform and the Services are [exclusive/inclusive]3 of taxes.

    8. The payment process would be considered to be complete only once the subscription fees, consulting fees and any other fees payable by the Registered User for use of the Platform and the Services has been transferred by such Registered User into KareXpert’s [designated bank account]4 and the designated bank account of the Healthcare Service Provider.

    9. KareXpert reserves its right to amend or modify the fee structure at any point in time and shall subsequently provide the End-Users with notification regarding such modification either by email or via a message through the Platform and the Services. During the payment process, KareXpert may require details of the End-User’s bank account or credit card number or debit card number or other similar financial information. End-Users are required to check our Privacy Policy on how KareXpert uses the confidential information provided by End-Users.

  13. Refund and Cancellation Policy5

    1. In the event a Registered User has made an appointment with a Healthcare Service Provider using the Platform and the Services, and such appointment has not been confirmed by the Platform or such an appointment has been cancelled by the Platform, the Registered User may have the following three options:

      1. request for rescheduling the appointment with the Healthcare Service Provider;

      2. request for a refund of the advance payment made by such Registered User; or

      3. request that the advance payment be added as credit in the account of the Registered User and be adjusted in due course for future consultations/appointments or other services availed by the Registered User from the Platform.

    2. In the event the Registered User misses or cancels the appointment booked by him with a Healthcare Service Provider using the Platform, he shall not be entitled to any refund.

    3. In case the Registered User’s credit card, debit card, payment wallet or any other account has been accidentally over-charged or wrongly charged by the Payment Gateway or the Platform, the Registered User shall forthwith notify KareXpert of the same and in such an event, the Registered User ha the following options

      1. claim a refund of the amount that was over charged to the Registered User, from the Payment Gateway and the Platform, which may take up to ninety (90) 6days;

      2. the amount that was overcharged to the Registered User may also be credited to the account of the Registered User and be adjusted in due course for future consultations/appointments or other services availed by the Registered User from the Platform, which may take up to fifteen (15) 7days.

    4. Any refund amount payable by the Platform and/or the Company to the Registered User, as contemplated in this Clause 14 (Refund and Cancellation Policy) shall be made by the Platform and/or the Company to such Registered User in any mode it deems fit, save and except by way of cash.

    5. Any refund amount payable by the Platform and/or the Company to the Registered User, as contemplated in this Clause 14 (Refund and Cancellation Policy) shall only be payable by the Platform and./or the Company to such Registered User if the Registered User has maintained details of the transaction ID, invoice number and other relevant payment details.

  14. Material Adverse Effect

    1. The End-User hereby agrees and undertakes that there shall be no material and adverse effect arising out of an event or consequence of an event, circumstance, occurrence or condition which has caused, as of any date of determination or in the sole opinion of the Company, could or is likely to cause a material and adverse effect on:

      1. the ability of the End-Users to perform their material obligations under the Agreement, including its payment obligations;

      2. the ability of the End-Users to comply in all material respects with the terms of the Agreement for the purpose of providing any availing the Services on the Platform; and

      3. the validity or enforceability of the Agreement (including the ability of the Company to enforce any of its remedies hereunder) (“Material Adverse Effect”)

  15. Termination of this Agreement

    1. This Agreement and the End-User’s access to the Platform and the Services may be terminated on the following grounds:

      1. by mutual consent of both the Parties, with immediate effect;

      2. by the Company, at its sole discretion, with immediate effect, if there has been a breach of any of the terms and conditions of the Agreement, in the sole opinion of the Company;

      3. by the Company at its sole discretion, with immediate effect, if the Company believes that the End-User is in breach of its obligations under the Agreement, including, without limitation, by undertaking any actions that violate any Applicable Law or regulation, or that the conduct of the End-User poses a threat to the systems, equipment, processes, or Intellectual Property Rights of the Company and/or the Platform, in the sole opinion of the Company;

      4. by the Company, at its sole discretion, with immediate effect, if the Company is of the reasonable opinion that: (i) a Material Adverse Effect occurs or exists; or (ii) one or more events, conditions or circumstances shall exist or shall have occurred which have had and continue to have, or in the judgment of the Company, could be expected to have a Material Adverse Effect, in the sole opinion of the Company; and

      5. by the Company at any time, for any reason, at the discretion of the Company.

    2. Upon termination of the Agreement in accordance with the provisions of Clause 16.1 above:-

      1. all rights and obligations of the Parties under the Agreement shall be extinguished, except that all payment obligations to be made by the End-User to the Company and/or the Platform and//or the Services shall survive such termination;

      2. the obligations of either Party which, in accordance with the terms of the Agreement or this document, have arisen before or arise at or after expiration or termination of the Agreement or this document, shall survive the expiration or termination of the Agreement and this document, including, but not limited to, obligations pertaining to consultations/ appointments with Healthcare Service Providers which are ongoing pursuant to a request already made, payment obligations, indemnity obligations, confidentiality obligations, notice provisions and governing law/ dispute resolution provisions of this Agreement;

      3. The Company has the right to set off any payments due and payable by the Registered User to the Company, the Platform, the Services or any Healthcare Service Provider, an amount of which shall be determined by the Company.

  16. Indemnity

    1. The End-User hereby indemnifies and keeps indemnified and holds KareXpert, its employees, directors, Affiliates, representative and agents (collectively, “Indemnified Parties” and, individually, a “Indemnified Party”), harmless at all times against all actions, proceedings, claims, demands, liability, costs, losses, (including reasonable attorney’s fees) (“Losses”) arising out of, based upon, or resulting from any of the following:

      1. any breach, default or non-fulfillment by the End-User of any of its obligations or any terms of this Agreement (including any failure to make any payments to the Platform or the Company or the Services or the Healthcare Service Provider (as the case may be) under the payment obligations);

      2. any violation of Applicable Laws by the End-User, or any claimed or actual act, omission or negligence of the End-User, its officers, directors, employees, contractors, agents or representatives, whether or not occurring within the scope of their employment/appointment, including, without limitation, claims of injury to or death of any person, damage to property, or tort claims, in each case to the extent related to the transactions contemplated under the Agreement and/or this document or any associated requests, whether arising under tort, contract, strict liability, or Applicable Law or any associated regulatory scheme;

      3. any claim of injury to any Person for which the End-User is obligated to pay and/or to provide to its contractors, agents, representatives or employees worker’s compensation benefits, regardless of the lack of negligence or any wrongful act, or whether such claim arises under product liability, tort, contract, or other Applicable Law.

      4. any failure by the End-User to timely and properly report, remit, pay, perform and discharge any liability for any federal, state, local or foreign tax of any kind; and

      5. infringement or alleged infringement of any patent, trademark or other Intellectual Property Rights in connection with the design, manufacture and performance of the Services, the Platform or the Company.

    2. If any suit, action, proceeding, claim or demand shall be brought or asserted against the Company in respect of which indemnification pursuant to this Agreement may be sought, the Company shall notify to the End-User.

    3. If any such proceeding shall be brought or asserted against the Company and it shall have notified the End-User thereof consistent with the terms of this Agreement, the End-user shall, at the Company’s option, retain counsel to represent the Company and any others entitled to indemnification pursuant to Agreement.

    4. If the End-User refuses or otherwise fails to meet or defend such claim as provided in this Agreement, the Company shall have the right to defend such claim in any manner it deems appropriate at the sole cost and expense of the End-User, for which the End-User shall promptly reimburse the Company.

    5. The End-User shall not, without the prior written consent of the Company settle or compromise or consent to the entry of any judgment with respect to any litigation, or any investigation or proceeding by any Governmental Authority, commenced or threatened, or any claim whatsoever in respect of which indemnification could be sought under this Clause.

    6. All payments to the Company hereunder for Losses shall be paid promptly by the End-User. The Company may offset any such indemnification payments due from the End-User against any other payments, refunds due from the Platform or the Company or the Services (as the case may be) to the End-User, if any.

  17. Limitation of Liability

    1. In no event shall the total aggregate liability of the Company and the Platform and the Services under this Agreement exceed [Rs. 1,000/- (Rupees One Thousand)]8 in aggregate, including liabilities arising out of negligence or misconduct on the part of the Company or the Platform (as the case may be). The Company and/or the Platform shall be entitled to terminate this Agreement with written notice to the End-User if the liability of the Company and the Platform under this Agreement exceeds the monetary cap specified in this Clause.

    2. In no event shall the Company or the Platform (as the case may be) liable in any manner whatsoever for any claims arising out of or relating to:

      1. the End-User’s payment to be made to the Healthcare Service Professions not being processed owing to insufficiency of funds or any other reasons attributable to the End-user or the End-User’s bank;

      2. in the event the Payment Gateway is not working properly and is facing certain Deficiency or interruptions;

      3. owing to circumstances beyond the control of the Company (including but not limited to any force majeure events like natural calamities);

      4. in the event any of the payment details provided on the Payment Gateway are incorrect, inaccurate; and

      5. in the event the End-User is in breach of any of the terms of this Agreement.

  18. Governing Law and Jurisdiction

    1. This Agreement, the use of the Website, the Mobile App and the Services shall be construed and governed by the laws of the India without regard to principles of conflict of law.

    2. Any dispute, controversy or claim arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity) shall be referred to and finally resolved by arbitration in accordance with Arbitration and Conciliation Act, 1996 (“Arbitration Act”). All proceedings in the arbitration shall be conducted in English. The venue of the arbitration shall be Gurgaon, Haryana or such other place as may be determined by KareXpert. The arbitration shall be conducted by a Sole Arbitrator as appointed by KareXpert or any of its Affiliates (“Sole Arbitrator”).

    3. The award of the Sole Arbitrator shall be final and conclusive and binding upon the Users and neither party shall seek to resist the enforcement of any award in India or elsewhere on the basis that the award is not subject to such provisions. The parties further agree that all costs and expenses of the arbitration shall be borne by the Users.

  19. Miscellaneous

    1. Severability: If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable the remaining provisions of this Agreement shall not be affected by such determination and shall continue to be binding upon the parties and shall be enforceable.

    2. Waiver: No delay or omission by either party in whole or in part in exercising any right under this Agreement shall amount to or be construed as a waiver thereof and no waiver or non-exercise of any right on any occasion shall preclude any subsequent exercise of any such right.

    3. Entire Agreement: Each party acknowledges that they have read this Agreement, understand it and agree to be bound by its terms and further agree that this Agreement is the complete and exclusive statement of the Agreement between the parties with respect to the subject matter herein and supersedes all prior proposals, understandings and all other agreements, oral and written. In the case of any conflict between these Terms and any other agreement, these Terms shall prevail.

    4. Relationship: It is clearly understood that the Parties to this Agreement have signed the Agreement on a principal to principal basis. This Agreement does not purport to create any agency, partnership or joint venture or any other similar relationship between the Parties.

    5. Disclaimer of Warranties: KareXpert disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. Without limiting the foregoing, KareXpert does not warrant or represent that the listing of information or any part thereof is accurate or complete. You assume full responsibility for the communications with any Practitioner or Hospital or other Healthcare Services Providers you contact through the Services or the Platform. KareXpert shall in no event be liable or responsible to you or to anyone in any manner whatsoever for any decision made or action taken by you in reliance on the information provided on the Platform and/or the Services.

  20. Grievance Redressal and Contact Details

    1. Nidhi Jain has been classified and designated as the Grievance Officer as per sub-rule (11) of rule (3) of the Information Technology (Intermediary Guidelines) Rules, 2011 and shall assist End-Users who suffer as a result of access or usage of the Platform or the Services by any Person in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 (“Grievance Officer”). The End-Users may notify their complaints to the Grievance Officer against such access or usage of the Platform and/or the Services. The Grievance Officer shall redress such complaints made by End-Users within a period of one month from the date of receipt of such complaints. The contact details of the Grievance Officer are as follows:

             Name: Nidhi Jain

             Address: 809, Unitech Arcadia, South City II, Sec 49, Gurugram, Haryana 122018

             Email: grievance.officer@karexpert.com

             Telephone: +91-9069113330

             Should you require any clarifications or have any questions in relation to the terms of this Agreement, kindly feel free to contact us on contactus@karexpert.com.

1CB Comment: To be confirmed whether the Platform will only list out the chemists or also allow the End-Users to place orders by way of ePrescriptions.

2CB Comment: Trust KareXpert will be able to inform the End-User, else this clause will be reworded.

3CB Comment: Request Company to kindly confirm.

4CB Comment: Request clarification if the fees will be transferred to KareXpert’s designated account and then transferred to any other User (eg. Practitioner), or will the fees be directly paid by User to User (Eg. Registered User to Practitioner).

5CB Comment: Details pertaining to the refund and cancellation policy with regard to all the Healthcare Service Providers is required to be discussed.

6CB Comment: Request confirmation. Would 90 days as an outer limit be adequate to refund the money?

7CB Comment: Request Company to kindly confirm.

8CB Comment: Request the Company to kindly confirm.