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TERMS OF USE PATIENT APP

These Terms of Use (“Terms of Use”) mandate the terms as per which the Users access and register on the “HeaLink/”Healink Health Connect” website and mobile Application (collectively referred to as the “Application”/”Platform”), created, owned and managed by Third AI Platforms Private Limited having CIN no. U74999DL2021PTC381786 hereinafter referred to as “We” or “Our” or “Us” or the “Company”, and the Application Services (as defined below), provided through the Application.

This document is an electronic record in terms of the Information Technology Act, 2000 and Rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read the Terms of Use and Privacy Policy (as defined hereunder) (together hereinafter referred to as “Agreement”) carefully before using or registering on the Application or accessing any material, information, or Application Services through the Application.

Your access to or use of the Application (even when You do not avail of or provide any services on the Application) availing any features of the Application and its services shall signify your acceptance of the Terms of Use and Privacy Policy and Your agreement to be legally bound by the same. These Terms of Use do not alter in any way the terms or conditions of any other written agreement you may have with the Application for other services.

HeaLink is on a mission to build health equity and bridge health disparities. Built to bring openness in healthcare data digitization and interoperability, HeaLink aims to empower patients and healthcare service providers with the right medical information, from the right source. By putting the patient at the center of all the healthcare data they own, HeaLink enables patients to share their data across the HeaLink Ecosystem, upon granting revocable consent. The healthcare service providers can optimize their clinical practice and create electronic health information for their patients seamlessly. Furthermore, business analytics and other insights form a part of the enterprise solution focused to improve efficiencies and effectiveness of clinical practice.

1. Definitions:
  • 1.1. “Account” shall mean the HeaLink account which has been created after registration;
  • 1.2. “Application Services”/ “Services” shall have the meaning ascribed to it in Section 7.1;
  • 1.3. “City Managers” shall mean the person(s) appointed by Us for moderating the work of the Sahayaks, as described in Section 8.8.2;
  • 1.4. “Clinics” shall mean a clinic run by an individual Doctor as described in Section 8.8.3;
  • 1.5. “Company” shall mean and refer to Third AI Platforms Private Limited having CIN no. U74999DL2021PTC381786;
  • 1.6. “Doctors” shall mean and include registered medical practitioner who have the medical qualifications as ascribed to them under Section 11 of the Indian Medical Council Act, 1956 (“IMC Act”);
  • 1.7. “Health Establishments” shall mean the polyclinics where multiple doctors conduct outpatient services at a single clinic;
  • 1.8. “Hospitals” shall mean and include a facility that provides emergency, inpatient, and outpatient medical care for the treatment, care, and cure of sick and injured people as classified by the local municipal body of the area where it is located;
  • 1.9. “Indemnitees” shall have the meaning ascribed to it in Section 25.1.1 ;
  • 1.10. ”Sahayaks” shall mean the person(s) appointed by Us for helping You to collate Your data, as described in Section 8.8.1;
  • 1.11. “My Profile” shall have the meaning ascribed to it in Section 5.3;
  • 1.12. “Patient Application” shall mean the modules of the Application accessed by the patients to avail the Services of the Platform, as described in Section 8.8.5;
  • 1.13. “Payment Details” shall have the meaning ascribed to it in Section 22.2;
  • 1.14. “Preventive Health Care” shall mean nutritionists, fitness trainers, wellness coaches, physiotherapists, , or any other wellness instructor, as described in Section 8.8.6;
  • 1.15. “Privacy Policy” shall mean the Privacy Policy of this Application;
  • 1.16. “Application Services”/”Services” shall have the meaning ascribed to it in Section 7.1;
  • 1.17. “Service Providers” shall mean any supplier of services on Our internal team or external parties enlisted (whether an individual, professional, or a similar entity) on the Application, directly or indirectly, including designated/authorised associates, employees, partners, and practitioners thereof;
  • 1.18. “Third-Party Account” shall have the meaning ascribed to it in Section 5.4;
  • 1.19. “Third-Party Services” shall have the meaning ascribed to it in Section 11.1;
  • 1.20. “Third-Party Service Providers” shall have the meaning ascribed to it in Section 8.3;
  • 1.21. “Users” shall have the meaning ascribed to it in Section 3.1; and
  • 1.22. “You/Your” shall have the meaning ascribed to it in Section 3.2.
2.Introduction to HeaLink:

HeaLink is providing Services (defined in Section 7)of Digitizing and Linking Decentralized Digital Health Care Delivery System. We are tying up with various Third-Party Service Providers and providing an Application to facilitate efficient and effective service delivery of various Third-Party Services. Our Services focus on a patient’s journey including lack of awareness of preventive healthcare and wellness behavior, difficulty to find the right provider, and long commute, poor waiting time, difficulties in keeping records, lack of clear patient history. We also focus on a chain of problems from a doctor’s perspective such as lack of availability of beds, identity duplication of patients, lack of access to clinical symptomatology, manual clinical documentation, delayed investigation, slow reimbursement payment process, time-consuming health insurance claim verification, lengthy discharge procedure and lack of real-time validation by a physician for monitoring patients amounts to medical advice.

3.Applicability of Terms of Use:
These Terms of Use apply to all the Users of the Application including:
  • 3.1. An individual who accesses and registers on the Application and/or places a service request on the Patient Application (“End-User”, “You”, “Your” or “Users”); or
  • 3.2. Otherwise, a User or visitor of the Application (“You”, “Your”, or “Users”).
4.Eligibility to Use the Application:
  • 4.1. The Application Services are not available to minors i.e., persons under the age of 18 (eighteen) years without parental consent or to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Application Services under the applicable laws;
  • 4.2. The Company reserves the right to refuse access to the Application or Application Services to new Users or to terminate access granted to existing User(s) at any time without according to any reasons for doing so;
  • 4.3. In case of non-compliance with rules and regulations, Privacy Policy, or user agreement for access or usage of the computer resource of the Company, it has the right to terminate the access or usage rights of the Users to the computer resource immediately or remove non-compliant information or both. The Company will periodically inform its Users, at least once every year, of the compliance requirements set out in this Terms of Use and the Privacy Policy or any changes thereto;
  • 4.4. You shall not have more than one active Account on the Application. Additionally, You are prohibited from selling, trading, or otherwise, transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Application; and
  • 4.5. In case a person violates the age restrictions, the parent or the legal guardian of such a person shall indemnify, defend and hold harmless Service Providers their associates/service providers, and the Application and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Service Providers, their associates/service providers, and Application and its business partner(s) that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant or Agreement made or obligation to be performed by such individuals pursuant to these terms. 
5.User Account, Password, and Security on the Application:
  • 5.1. Upon downloading the Application, registration shall be mandatory for Android users whereas, for iOS users, a few features may be available even without registration;
  • 5.2. In order to avail the Application Services, You shall create an Account which shall be associated with the Healink ID. While we offer you the option to create Your ABHA (as defined herein) through our Platform, it is not mandatory for you to do so. Should you require that your Healink ID be linked to your ABHA ID, you may do so through the Application.
  • 5.3. To create an Account i.e., “My Profile”, the following details are required to be added:
    • 5.3.1. Personal Information: – Full name, gender, birthdate, profile photo (optional), contact number, email ID, signature (optional), and date of birth, in case You wish to avail our Services. You will be prompted for your Ayushman Bharat Health Account (“ABHA”), however, linking your ABHA to your Healink ID is optional; and
    • 5.3.2. Health Information: – Your gender, height, age, and lifestyle & habits and allergies & ailments if any and other health details.
  • 5.4. You may be able to register Yourself by logging in to Your Third-Party Account, such as Google, Apple, or Facebook (each such account shall be referred to as a “Third-Party Account”), via our Application;
  • 5.5. As part of the functionality of the Application Services, You shall be able to link Your Account on the Application with Third-Party Accounts, by either:
    • 5.5.1. Providing Your Third-Party Account login information to Us through the Application; or
    • 5.5.2. Allowing Us to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third-Party Account.
  • 5.6. By logging in through Your Third-Party Account, You grant Us access to Your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern Your use of the applicable Third-Party Account and without obligating them to pay any fees or making Us subject to any usage limitations imposed by such Third-Party Service Providers;
  • 5.7. You shall ensure and confirm that the Account information provided by You is complete, accurate, and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Application. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Application (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You;
  • 5.8. Data sharing and User privacy extend not only to the immediate context but also to the surroundings of both the patient and the Doctor. Users understand that We do not have any control over the surroundings of the Doctor or patients;
  • 5.9. Activities occurring under Your account will be Your responsibility and thus You agree to maintain every information confidential in Your account. You agree to:
    • 5.9.1. immediately notify the Company of any unauthorized use of Your Account information or breach of security; and
    • 5.9.2. ensure that You exit or log out from Your Account at the end of each appointment. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision.
  • 5.10. You will be solely liable for any loss/damages arising due to Your failure in keeping Your account information private and confidential; and/or agree to indemnify the company against any and all claims arising due to the same.
  • 5.11. Use of another User’s Account information for availing the Application Services is expressly prohibited.
6.Creation of ABHA via Application:
  • 6.1. The Application provides You the facility for creating an ABHA. However, the Application follows the procedure as prescribed by the National Health Authority for Ayushman Bharat Digital Mission;
  • 6.2. The Application provides You with a general overview of the steps that may be required for the creation of ABHA:
    • 6.2.1. Registration: You can create an ABHA by registering either by providing Aadhar details or a Driving License or any other verifiable document as may be notified by the government from time to time. When You decide to register using other ID proofs, You will have to also provide Your name, date of birth, and gender;
    • 6.2.2. Authentication: The Application may verify Your identity by sending an OTP (One-Time Password) to Your linked mobile number;
    • 6.2.3. Consent: The registration process will be completed when You provide consent for the ABHA to be created and agree to follow the terms and conditions of Ayushman Bharat Digital Mission; and
    • 6.2.4. Issuance of ABHA: Once the registration process is completed, a unique ABHA will be generated for You which will be linked to Your digital medical records.
  • 6.3. The creation of ABHA is an additional service being provided by the Company and there is no charge for this Service. Furthermore, this service is completely optional and may be availed by the User at their sole discretion;
  • 6.4. These steps may vary from the actual process, so it is essential for You to refer to the official guidelines and documentation provided by the National Health Authority for up-to-date and accurate information for creating ABHA;
  • 6.5. Creation or non-creation of ABHA does not in any way affect our said Services or interfere with the government’s services under Ayushman Bharat Digital Mission;
  • 6.6. While we offer You the facility to create an ABHA via the Application, it is not mandatory for You to do so. If you have an existing ABHA and want it to be linked to Your Healink ID, You may create an Account using the same;
  • 6.7. In the event that You generate Your ABHA via the Application and later decide to delete Your Account or Your Account gets terminated, Your ABHA will continue to remain active;
  • 6.8. Once You link Your ABHA to Healink ID, any updates made on the Healink ID will automatically be updated to Your ABHA; and
  • 6.9. ABHA is a provision being provided by the Government of India. The terms of use that apply to ABHA also extend to Your usage. For more information about the same, kindly refer the ABDM website. 
7.Provision of Services:
  • 7.1. The Platform provides various functionalities (whether or not optional) with respect to the management of medical cases, booking appointments, creation of walk–in tokens, saving encrypted and secure medical information and records, creation and linking of ABHA, management of health lockers and health information, consent management, providing a facility for nutrition charts, workout charts, and diet charts via respective Third-Party Service Providers, business analytics, enterprise management, telemedical consults with doctors, along with Third-Party Services or services provided by the Company’s associates with whom the Company has contractual arrangements, which together shall be referred to as “Application Services”/”Services”. We reserve the right to amend or change or suspend any of these Application Services at the discretion of Our management;
  • 7.2. The Company shall facilitate the provision of the Application Services and provide such other services (including account creation and management, management of various services purchased/booked on the Application, payment, and transaction summary generation services, etc.) to You by allowing You to register and access the Application on the terms and conditions set forth herein;
  • 7.3. Medical Vault:
    • 7.3.1. A medical vault facility allows You to upload Your past and upcoming medical records at a single location on the Application. The medical vault only accepts photos and PDFs of the medical records that You wish to upload, this includes XLS, CSV, JPEG, and JPG, no videos can be uploaded on the medical vault. You may use the medical vault to scan and store Your medical history along with other medical records and map a digital overview of Your medical journey. You can upload the medical records using camera, files or gallery;
    • 7.3.2. Users may scan and upload the ABHA documents to the medical vault using the consent PIN created by them. The documents may or may not be linked to ABHA. A consent PIN may be created to secure, track, and give access to the digital records. Your profile created on the Patient Application may be scanned using a QR code by medical facilities to register or create admission requests or appointments and access Your records. A consent pin is mandatory for storing data in the medical vault and the same would be required only while sharing documents from the medical vault with any Third-Party Service Providers or hospitals. A consent pin is completely encrypted;
    • 7.3.3. Users may add to the medical vault scanned or photographic copies of their personal data including ailments, family history, drug allergies, covid vaccinations, food allergies, and past procedures, and share seamlessly with various integrated healthcare facilities and Third-Party Service Providers. The medical vault shall be used for storing medical data only;
    • 7.3.4. The medical vault is a common vault comprising of folders. The Application also provides You with the facility to store Your family’s medical records in the medical vault. This facility is permitted only if a separate profile is created on the Application for the family member. You can organise Your documents being uploaded on the medical vault into separate folders based on criteria such as date, the doctor’s name, or the name of the family member;
    • 7.3.5. The documents that are being uploaded on the medical vault can be saved on the User’s mobile phone and be shared on Whatsapp as well; and
    • 7.3.6. The accuracy, integrity, and completeness of the information provided in the medical vault depend on the information provided by the User or the User authorised Third-Party Service Provider. The Application is merely a facilitator communicating and storing information and does not in any manner alter the information uploaded on the said medical vault. HeaLink shall, in no event be liable for any losses or injuries suffered by the User or arising out of any actions or omissions made by the User or any other person including a Third-Party Service Provider, as a result of relying on the information provided in the medical vault.
8.Application Service /Modules:
  • 8.1. The Services available on the Application are a combination of in-Application as well as Third-Party Services;
  • 8.2. The Application facilitates effective and efficient delivery of health care services through its association with Third-Party Service Providers;
  • 8.3. “Third-Party Service Providers” shall mean and include external Service Providers on the Application, that is, clinic establishments, Hospitals, Doctors, Health Establishments, fitness trainers, nutritionists, wellness coaches, physiotherapists, or any other wellness instructor;
  • 8.4. The issuance of all prescriptions is solely at the professional discretion of the Doctor. The Doctor bears sole responsibility for such prescriptions. HeaLink does not endorse any prescription nor does it deal in medical drugs. The use of any medical drugs prescribed by the Doctor during the Service may be taken at the User’s own discretion and sole responsibility;
  • 8.5. The Company only provides You with an Application for interacting and availing Services from Third-Party Service Providers. The Company does not manage or supervise their services, and is not responsible for the standards adhered by the Indian Medical Council or any other law for the time being in force;
  • 8.6. The Company is merely facilitating effective and efficient delivery of health care services and teleconsultation offered by Doctors on the Application is not the responsibility of the Company;
  • 8.7. The following type of the Services may be availed by you on our Application –
Sr No.Modules/ Point of InterfaceDescriptionService provided by Us
8.8.1“Sahayak”The Sahayaks will act as support systems for the patients wherein they shall help the patients in creating a HeaLink ID, uploading the documents, guiding them through the process of registration, and making payments.It shall be Our responsibility to appoint and onboard Sahayaks. The management of Sahayaks and the work allotted shall be facilitated by Us. Sahayaks might not be available at every location, however, it will be Our best endeavor to appoint the Sahayaks wherever practicable.
8.8.2“City Manager”City Manager shall be linked to the Sahayak and supervise the Sahayak. City Manager will make reports on the basis of data collected by the Sahayaks.We shall onboard the City Managers so that they can supervise the Sahayaks through their dedicated dashboard.
8.8.3“Clinics” & “Health Establishments”Clinics mean clinics run by Doctors individually, where only outpatient department services are available. Health Establishments are clinics or healthcare facilities that provide general and specialist examinations and treatments. Doctors will be able to use this module to manage their out-patient departments, individual clinics, and Health Establishments.The Application allows You a platform to book appointments with Doctors. We only provide a Platform for Doctors to facilitate online prescriptions. The Application will guide You as to how the payment has to be made as per the Service chosen by You. The Application provides a functionality to help the Doctors to manage their Clinics and/or Health Establishments. The Company is a facilitator and does not provide any medical advice.
8.8.4“Hospitals”Hospitals mean and include establishments wherein Doctors from various departments have been registered and enlisted under the Application to provide their services to the patients.The Application shall enlist the various departments and specialties of the registered Doctors. The patient can choose their preferred Doctor for consultation, along with the desired date and time for the appointment. In-patient appointments can be booked via the Application. The Company is a facilitator and does not provide any medical advice.
8.8.5“Patient Application”The Patient Application means and includes the modules of the Application accessed by any End-User who uses the Application in order to avail the Application Services in the capacity of a patient.We shall provide access to the Application, help in booking the appointments of the patients, provide smooth teleconsultation facilities via twilio. The Services may be updated by Us from time-to-time. We shall also provide the patients with medical vault facility (in accordance with Section 6.3) wherein the patients can store their medical data.
8.8.6“Preventive Health Care”The Preventive Health Care will be nutritionists, fitness trainers, wellness coaches, physiotherapists, or any other wellness instructor, wherein only outpatient department services will be available.The Application provides a platform to book online and in-person appointments with nutritionists, fitness trainers, wellness coaches, physiotherapists, or any other wellness instructor, and also get various diet plans through the Application. The Company is a facilitator and does not provide any health/wellness advice.

 

9.Access permits for Doctors:
  • 9.1. To allow a specific Doctor to access all the prescriptions in the medical vault, including those prescribed by any other doctors, You may grant permission to the Doctor through the Application by entering Your consent pin. Furthermore, if you wish for the Doctor to maintain ongoing access, you may give consent for the ‘’Subscription & Auto approval’ feature provided within Our medical vault;
  • 9.2. When You activate the subscription feature, the Doctor will receive notifications for each prescription that You upload to Your medical vault;
  • 9.3. Auto approval consent enables the Doctor to conveniently access prescriptions without the need for repeated consent requests;
  • 9.4. A User may have multiple ABHA addresses and each such address will have a unique medical vault. Furthermore, each medical vault shall have its own subscription and auto approval settings.
  • 9.5. You have the option to select the address You wish to add to the medical vault; and
  • 9.6. If You have granted a Doctor a subscription to one medical vault, the Doctor will not have a subscription to any other medical vaults, if any.
10.Doctors In Hospitals:
  • 10.1. The Application provides You with a list of hospitals near You;
  • 10.2. Upon selecting a Hospital, the Application shows you a list of Doctors affiliated with that Hospital. Furthermore, the Doctors have been categorized as per their specializations for Your convenience;
  • 10.3. When You choose a Doctor, You will gain access to view the Doctor’s fees, their experience in the respective field, and their next availability. This allows You to book a consultation as needed;
  • 10.4. The Application provides You with the facility to book an admission request wherein You will have the option to book in-patient services like getting admitted to the Hospital etc., seamlessly. The appointment details with respect to the date, time and its confirmation will be based on the Doctor’s availability and Hospital norms and practices.
  • 10.5. You have the option to securely share Your medical documents with the Doctor and the Hospital through which You intend to book an appointment with the Doctor; and
  • 10.6. The appointment booking process will be complete only after You have entered the consent pin created by You.
11.Use of Third-Party Services:
  • 11.1. “Third-Party Services” provided by the Company include such services which are aggregated by the Company, including but not limited to medical services, personal fitness training as per Your goals and needs, making dietary plans;
  • 11.2. In order to avail the Services, You have to provide the following details to the Company:
    • 11.2.1. Personal Information: – Full name, profile photo (optional) , contact number, email ID and date of birth, and any other information required from time to time;
    • 11.2.2. Health Information: – Your gender, height, age and food preferences and any other information required from time to time; and
    • 11.2.3. Bank Information:- Your bank name, bank account name/number, IFSC and UPI ID shall be required for payment purposes to the respective Doctor/nutritionist/fitness trainer.
  • 11.3. The Application facilitates various Third-Party Services which can be brought to You directly by the Company or through the Third-Party Service Providers with whom the Company has contractual arrangements
  • 11.4. The Company makes no statements or guarantees regarding the availability, functionalities, or any changes to the specifications of any Third-Party Service Providers or Third-Party Account ;

  • 11.5. You agree and understand that the Company’s role shall be limited to being an intermediary for onboarding the Third-Party Service Providers facilitating their services on the Application. Therefore, for the provision of Third-Party Services, the Company may list various fitness trainers/ practitioners, nutritionists, wellness coaches, physiotherapists, , or any other wellness instructor and Doctors, whether an individual professional or an organisation or similar institution, their profiles, contact details and/or any Services by or featuring them to be made available to other Users or visitors to the Application.

12.Terms of Third-Party Services:
  • 12.1. Booking appointments:
    • 12.1.1. Subject to payment of necessary fee and availability of slots, You shall be permitted to book and participate in various underlying Application Services;
    • 12.1.2. The Application will have no liability if any appointments are later cancelled by the Service Providers and/or their associates;
    • 12.1.3. The Application/Service Providers shall use best efforts to intimate You in advance of such rescheduling or cancellation of appointments, however, Application /Service Providers shall not be responsible in any manner for any inconvenience or loss caused to You as a result of such rescheduling or cancellation;
    • 12.1.4. Your sole recourse in case of such rescheduling/cancellations shall be booking of an alternate appointment; and
    • 12.1.5. The Application reserves the right to disable Your Account temporarily/permanently from booking further online appointments on the Application or impose any other cancellation charges in the event You cancel/miss a scheduled appointment or misuse the Services.
  • 12.2. Eligibility for booking a teleconsultation:
    • 12.2.1. Age Criteria:
      • 12.2.1.1. You will be eligible to use the Services only when You fulfil the following conditions:
        • a.You have attained at least eighteen (18) years of age; and
        • b.You are competent to enter into a contract under the applicable laws.
      • 12.2.1.2. In cases concerning minor patients, teleconsultation will be permitted only after confirming the age of the minor and that they are consulting in the presence of an adult whose identity must be verified;
      • 12.2.1.3. If You reside in a jurisdiction that restricts the use of the Service because of Your age or restricts the ability to enter into contracts such as these Terms of Use due to age, You must abide by such age limits;
      • 12.2.1.4. In this regard, the parent or guardian of individual violating the aforementioned conditions shall indemnify, defend and hold harmless the Application, and their associates, service provider from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Application, and their associates, service provider that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such individuals pursuant to these Terms of Use; and
      • 12.2.1.5. In case a person violates the age restrictions, the parent or the legal guardian of such a person shall indemnify, defend and hold harmless the Service Providers, their associates, and Application and its business partner(s) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Service Providers, their associates and Application and its business partner(s) that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or Agreement made or obligation to be performed by such individuals pursuant to these terms.
  • 12.3. Recording appointments:
    The Application does not record any live teleconsultation appointments conducted as a part of the Company’s Service.
13.Listing of Third-Party Service Providers:
  • 13.1. You understand and agree that the listing of the underlying Third-Party Service Providers, their profiles, information and any content regarding the Services is a fully automated system;
  • 13.2. You can view the Doctors’, nutritionists, fitness trainers, wellness coaches, physiotherapists, or any other wellness instructors’ profiles directly. The mobile Application will always show Doctors and hospitals nearby once You enter Your pincode and address; and
  • 13.3. Under no circumstances shall the Application or the Third-Party Service Providers be held responsible for the listing order of the Service Providers on the Application.
14.Representation and Warranties:
  • 14.1. You represent and warrant and understand and agree as follows:
    • 14.1.1. That to bring various Services under one roof, the Company partners with Third-Party Service Providers, and thus, the Company is acting only as a facilitator for giving you options to avail services provided by Third-Party Service Providers. The Company is providing You with the Application to interact and avail the Services of Service Providers, the Company hereby represents that it does not have any supervisory control over the quality, means of conducting, and managing the business/services of the above-mentioned Service Providers. You hereby agree to not hold the Company, any of its affiliates, employees, directors, and/or partners liable for any loss or damage incurred by You on account of availing the Services offered by the Third-Party Service Providers;
    • 14.1.2. That the Information that You obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise, on the Application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Application. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information;
    • 14.1.3. That Healink makes no representation or warranties regarding the suitability of any Third-Party Services being provided by the Third-Party Service Providers for intended requirements or purposes;
    • 14.1.4. That the exercises mentioned in the Preventive Health Care module by its very nature involves intense bodily movements with or without the use of heavy equipment, which may cause injury, loss or damage to human(s) and/or property. You also agree to not hold the Company or its directors liable of any injury or damage sustained by You while undertaking any service provided by the fitness trainers;
    • 14.1.5. That everyone’s body responds differently during and post workouts or upon following certain diets. In spite of taking necessary precautions, You may be subjecting Your body and/or property to loss, damage and/or injury depending upon Your prior fitness levels, posture while performing exercises or any other factors beyond Organisation’s control.
    • 14.1.6. That Your participation is voluntary, despite knowing the risks associated with the Services; and
    • 14.1.7. That the Company hereby makes no representations, promises and/or guarantees with regards to outcomes, exactness, duration, quality and quantity of their Services availed from Service Providers.
15.Safety:
  • Your safety is our priority. The Company highly recommends You to know, understand and consider the risks associated with the Services offered by the Company prior to enrolling and/or participating in any of the Services offered by Company or by its Service Providers.
16.Not Medical Advice:
  • 16.1. Availing the Services offered by the Company through the Application does not create a doctor-patient relationship between You and the Company;
  • 16.2. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly;
  • 16.3. The Company is only facilitating health-care and medical services offered by Third-Party Service Providers on the Application and is not responsible for any information provided by them;
  • 16.4. The Company only provides You with an Application for interacting and availing medical services. The Company does not manage or supervise their services, and is not responsible for the standards adhered by the Third-Party Service Providers.
17.Additional terms and Amendments:
  • Your use and/or booking of the said Services signifies Your acceptance of any additional terms and conditions, guidelines, house rules, etc. posted, updated, communicated, or displayed on the websites/centers of the Application and by Company’s Service Providers.
18.Disclaimers to use Services:
  • 18.1. The Company disclaims any guarantee of exactness as to the duration, type, satisfaction from any Service fulfilled by Us or Third-Party Service Providers. Further, the Company makes no representation that Third-Party Services as provided by the Third-Party Service Providers are appropriate or safe to use;
  • 18.2. To the fullest extent permitted by law, the Company disclaims all liability arising out of the User’s use or reliance upon the Application, the Third-Party Services, representations and warranties made by the Third-Party Service Providers, the information provided on the Application, or any opinion or suggestion given or expressed in relation to any Third-Party Services; and/or
  • 18.3. Without prejudice to the generality of the above, User understands and agrees that the Company may not be involved in interactions between the User and the Third-Party Service Providers, and hence would not be responsible for the same
19.Down-time:
  • The Company shall not be held responsible for the non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to downtime resulting from technical reasons, or for any reason whatsoever, whether or not under the Company’s control. However, it shall be in our best endeavor to make sure the Application is operational at all times.
20. Fees and Charges on the Application:
  • 20.1. The charges indicated on the Application for the Application Services will be as determined by the Third-Party Service Providers excluding taxes and other applicable charges as mentioned on the Application;
  • 20.2. The charges and Application Services may change at the Company’s sole discretion and the Company and Third-Party Service Providers do not guarantee that the charges will be the lowest in the city, region, or geography or if the respective Third-Party Service Provider will always be available;
  • 20.3. The Application Services shall be additionally governed by specific terms and policies (payment terms, cancellation policy, refund policy, etc.) which are briefly mentioned below;
  • 20.4. Any booking made for an Application Service(s) through the Application shall be, in addition to the terms mentioned herein, subject to additional terms and conditions of the Third-Party Service Providers or associates (including offers, discount and campaigns offered from time to time) mentioned on the Company’s respective website/mobile Application, which You are presumed to have read and accepted at the time of booking an appointment;
  • 20.5. You agree to pay for all fees and charges incurred while using the Application Services. Additional taxes or Third-Party Service Providers’ charges may apply;
  • 20.6. The charges for Application Services shall be charged along with the Third-Party Service Providers’ fee, wherein a minimum fee will be charged on per service basis which will be at the discretion of the Company. The amount being charged will be inclusive of GST. The same shall be notified at the time of charging the fees. You agree to abide by any amendments that may happen in the future in the fee structure of the Company or Third-Party Service Providers. The Company may modify this fee at any point at their management’s discretion;
  • 20.7. Any promotion code or offer provided may not be used in conjunction with any other promotion code or offer, past or present. Previous users, including those having only booked/utilized trial services, or trial users of the Application do not qualify as new users. Promotion code or discount will apply only to the specific Services/products stated on the Application. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription or membership purchased;
  • 20.8. HeaLink reserves the right to charge subscription and/or membership fees from a User(s), by giving reasonable prior notice, in respect of any service or any other aspect of the Application anytime in future. The Services may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the Third-Party Service Provider’s engagement with HeaLink;
  • 20.9. In consideration for HeaLink granting You access to and use of the Application and Services, You agree that HeaLink and its Third-Party Service Providers may place such advertising on the Services or in connection with the display of User content or HeaLink content, or information from the Services, whether submitted by them or others.
21.Payment Services for the Application:
  • 21.1. Payments made by You through the Application shall be made via the Patient Application (“PA”). You hereby acknowledge and consent to (up to the extent permissible by applicable laws) the processing, collection, and management of payments made by You through a third-party payment gateway;
  • 21.2. You hereby agree to use and provide information of valid card (credit/debit or other e-wallet) (“Payment Details”) details which has sufficient funds to complete the transaction on the Application via payment gateways. By providing the Payment Details, You represent, warrant, and covenant that:
    • 21.2.1. You have the authority to provide such Payment Details to the PFA;
    • 21.2.2. You can legally transact funds to the PFA from the bank account linked to such Payment Details; and
    • 21.2.3. Your performance of such a transaction from the Payment Details provided does not amount to an illegal activity.
  • 21.3. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile;
  • 21.4. The Company shall use the information shared by You with respect to the Payment Details in manner prescribed in the Privacy Policy;
  • 21.5. As per Your convenience and choice You can delete, edit, or change the Payment Details and credentials;
  • 21.6. You shall be sent a notification and confirmation by the payment gateway with regards to the successful payment. Further, the Company shall send You an auto-generated e-mail on Your registered e-mail id. Successful payment for Your desired Service(s) shall also be reflected on Your HeaLink account. The Company collects the payment on behalf of the respective Third-Party Service Provider, and eventually settles the same in consonance with their contract(s);
  • 21.7. You hereby agree that You shall not hold the Company liable or responsible for any payment made by You on the Application. Particularly, when:
    • 21.7.1. You have insufficient funds in the bank account linked to the Payment Details provided by You or the transaction exceeds the credit card limit or per-day transaction limit;
    • 21.7.2. Error or incorrect Payment Details provided;
    • 21.7.3. Expiration of Your card; or
    • 21.7.4. Circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) preventing the execution of the transaction.
22.Integrations:
  • 22.1. The Company provides a bunch of integrations to have smooth technical feasibility;
  • 22.2. Our integrations have been done with the Government of India’s flagship Ayushman Bharat Digital Mission, along with that the consequent security licenses and clearances done by Us are a testament to the technological capabilities and feasibility of Our developments; 
23.Refund Policy for the Application:
  • 23.1. Third-Party Services – Any appointments bought by You are non-refundable beyond twenty-four (24) hours and an additional cancellation fee will be levied, non-exchangeable, and non-saleable;
  • 23.2. You may request cancellation of Your Services, however the same must be done before the fee is paid to the Patient Application. Refunds cannot be claimed for any walk-in appointments;
  • 23.3. A full refund shall be applicable if You cancel Your appointment prior to twenty-four hours of the appointment. However, if the cancellation is made within twenty-four hours of the scheduled appointment, only a 50% refund shall be applicable; and/or
  • 23.4. With regards to payments, the Application shall not be responsible for any unauthorized transactions conducted on our Application using Your payment card or Internet banking. The Application shall not be obligated to refund any money to You in such instances. 
24.Use of Application:
  • 24.1. The Company grants You a non-exclusive, revocable, limited privilege to access and use this Application and the Company’s Services, provided You adhere to the Terms of Use mentioned herein. You agree to use the Application Services and the materials provided therein only:
    • 24.1.1. for purposes that are permitted by the Terms of Use;
    • 24.1.2. for purposes for which the Application Services are meant to be used; and
    • 24.1.3. in accordance with laws, rules, regulations, and accepted practices. You agree not to engage in activities that may adversely affect the use of the Application by the Company/other Users.
  • 24.2. You acknowledge and agree that by accessing or using the Application or Third-Party Services or Services, You may be exposed to content from others that You may consider offensive, indecent, or otherwise, objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Application;
  • 24.3. In case You are given a Platform to post Your comments, reviews and/or experience(s) on the Application, You shall not use such an opportunity to spread hate or use offensive speech towards the Company, its director(s), employees, Service Providers and/or other Users on the Application. You shall solely be responsible for any material uploaded, submitted, or posted to the Application by Your login credentials. The Company reserves the right to review and delete any information/data that is inconsistent with these Terms of Use, or to its guidelines in general;
  • 24.4. User shall not use the Application Services to take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Healink’s IT infrastructure;
  • 24.5. User shall not use the Application in order to transmit, distribute, store or destroy material, including, without limitation content provided by Healink:
    • 24.5.1. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or
    • 24.5.2. that is defamatory, slanderous, libelous, obscene, threatening, abusive or is offensive to Users of the Application, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual; or
    • 24.5.3. that is false or misleading.
  • 24.6. Users shall not use the HeaLink Application or Services to:
    • 24.6.1. remove, publish or decimate files, software(s) and/or other material that infringes someone’s Intellectual Property Rights, copyright, trademark or other proprietary rights notices contained in or on the Application and/or Service;
    • 24.6.2. create User accounts by automated means or under false or fraudulent pretence;
    • 24.6.3. create or transmit unwanted electronic communications such as spam to other Users of the Application and/or Services, or otherwise, interfere with other User’s Account;
    • 24.6.4. hack software, upload bugs, mine passwords, or through any illegal or unconventional means access or attempt to access the back-end of the Application or any part thereof which is not available for Your use by the Company; or
    • 24.6.5. use any deep-link, crawler, robot, spider, site search/retrieval application, 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 Application, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, to obtain or attempt to obtain any bookings, documents or information through any means not specifically made available through the Application.
  • 24.7. Further, You undertake not to:
    • 24.7.1. Upload or publish any material, content, comment or information on the Application’s community tab or interact with the employees, members and/or Service Providers of the Company in ways which can be deemed to be inappropriate, defamatory, indecent or obscene;
    • 24.7.2. Download, post, upload, copy, republish contents posted by the Company or any part thereof without express written and valid consent from the Company;
    • 24.7.3. Conduct or forward surveys, contests, pyramid schemes or chain letters to other Users of the Application and/or the Company’s employees, members and Service Providers;
    • 24.7.4. Knowingly or unknowingly upload or distribute files that contain viruses, corrupted files, or any software that has the potential or shall certainly result in damaging the Application’s software, or other Users’ devices;
    • 24.7.5. Engage in any activity that interferes with or disrupts access to the Application or the Application Services or the content (or the servers and networks which are connected to the Application);
    • 24.7.6. Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Application, to its source, or exploit the content, Application or Application Services or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Application;
    • 24.7.7. Disrupt or interfere with the security of any computer network, or crack passwords or store illegal material including that are deemed to be threatening or obscene, or otherwise, cause harm to, the Application, systems resources, accounts, servers, or networks connected to or accessible through the Application or any affiliated or linked sites;
    • 24.7.8. Use any device or software to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person’s use of the Application;
    • 24.7.9. Use the Application or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
    • 24.7.10. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • 24.7.11. Violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
    • 24.7.12. Violate the Terms of Use contained herein or elsewhere; and
    • 24.7.13. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application;
  • 24.8. The Company hereby grants You a non-exclusive, freely revocable, non-transferable access to the Application, subscriptions, content, software and/or Services provided by the Company and its Service Providers on “as is” and “as available” basis, unless otherwise specified in writing. This access is subject to the following conditions:
    • 24.8.1. In accordance to the Terms of Use provided herein, You may access and use the Services provided strictly for informational purpose and none of the Services shall be construed as medical advice or assistance;
    • 24.8.2. You shall not knowingly or unknowingly access or attempt to access or execute to modify or remove content, subscription prices and/or other available information on the Application;
    • 24.8.3. You shall not sell, lease, license, rent, distribute, or commercially utilize/exploit the Application or any part thereof and/or its services through any devised means; and
    • 24.8.4 You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the Application.
  • 24.9. These Terms expressly supersede prior written Agreements with You. Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms shall prevail over these Terms in the event of conflict with respect to applicable Services;
  • 24.10. The Company may restrict You from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Company reasonably suspects that:
    • 24.10.1. You have or are likely to, breach these Terms of Use; and
    • 24.10.2. You do not or are likely not to, qualify, under applicable law or the standards and policies of Company and its affiliates, to access and use the Services.
25.Indemnification and Limitation of Liability of the Application:
  • 25.1. You understand, acknowledge, agree to indemnify, defend and hold harmless: –
    • 25.1.1. the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees and vendors on the Application (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or Agreement made or obligation to be performed by You pursuant to these Terms of Use;
    • 25.1.2. Further, the Indemnitees harmless against any claims made by any third-party due to, or arising out of, or in connection with, Your use of the Application or Application Services or content, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights;
    • 25.1.3. In no event shall the Indemnitees be liable to You or any third-party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Application, Application Services or content on the Application. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
    • 25.1.4. Any non-fulfillment of the Third-Party Service Providers’ obligations;
    • 25.1.5. Any issues that the User has with the Service Providers, although on a good-faith basis the Company shall try resolving any issue;
    • 25.1.6. Quality of a service or treatment being given by the Third-Party Service Providers;
    • 25.1.7. Any misconduct or inappropriate behavior by the Third-Party Service Providers or their staff; and
    • 25.1.8. Any type of inconvenience suffered by the User due to a failure on the part of the Service Providers to provide agreed medical services.
  • 25.2. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Indemnitees aggregate liability arising out of or in connection with these Terms of Use or the Services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of actual fees charged (if any) directly by the Platform from You.
  • 25.3. If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Company shall be the minimum permitted under applicable law.
26.Acceptance of Terms of Use of the Application:
  • 26.1. Upon the condition of acceptance of all the terms, conditions, notices present in these Terms of Use along with the acceptance of any amendments made by the Company at its sole discretion, You are allowed to use and access the Application offered.
  • 26.2. Using the Application or any of its Services or browsing the Application, merely states that You have read, understood and agreed to be bound by these Terms of Use available at https: [●] website and mobile Application; and
  • 26.3. Any amendment or modification of this Terms of Use shall be done without prior notice to You. It shall be Your responsibility to check this Terms of Use periodically for changes. Continuous use of the Application by You will constitute Your consent and acceptance of changes made to the Application.
27.Change to Terms of Use of the Application:
  • 27.1. Company may amend the policies or supplemental terms related to the Services from time to time;
  • 27.2. It will be the Company’s best endeavor to provide You a written notice through a notification on the Application in the event of a material change to any policies or supplemental terms that detrimentally affects Your rights under these Terms. Amendments will be effective upon Company’s posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes Your consent to be bound by the Terms, as amended; and
  • 27.3. It is essential to note that, in light of evolving changes related to privacy in India, We make every effort to ensure Our compliance with existing and forthcoming laws. Additionally, We will keep You informed if any new features are introduced in accordance with Government notifications.
28.Violation of the Terms of Use of the Application:
  • 28.1. You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to the Company and/or Service Provider for which monetary damages would be inadequate, and You consent to the Company and/or Service Provider obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or Service Provider obtaining may have at law or in equity; and/or
  • 28.2. If the Company and/or Service Provider takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
29.Suspension and Termination of Account on the Application:
  • 29.1. The Terms of Use will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms of Use or are dissatisfied with the Application, your only recourse is to (i) close Your Account on the Application; and/or (ii) stop accessing the Application.
  • 29.2. The Company may delist You or block Your future access to the Application or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them;
  • 29.3. If You or the Company terminate Your use of the Application, the Company may delete any content or other materials relating to Your use of the Application Services and the Company shall have no liability to You or any third-party for doing so. However, your transactions details may be preserved by the Company for purposes of tax or regulatory compliance;
  • 29.4. You shall be liable to pay for any Application Services that you have already booked till the time of termination by either party whatsoever; and
  • 29.5. The Company and/or Service Providers(s) shall have the right to cease/terminate relationship with You unilaterally without any reason, and applicable amount or cash back (if any) or pro-rata refund, as the case may be, shall be refunded to You subsequently.
30.Intellectual Property Rights of the Application:
  • 30.1. The Intellectual Property Rights (“IPR”) including but not limited to, Services, UI/UX design of the Application, standard operating procedures, source codes, nutritional and fitness information available on the Application, the words “HeaLink” and “Third Ai” and any other Services offered by HeaLink reserves with HeaLink. This content is protected by applicable trademark, copyright, and other Intellectual Property Rights laws;
  • 30.2. You shall not commercially, or otherwise, for any purpose whatsoever exploit the trademark HeaLink or Third Ai or any other trademark associated with the Company including but not limited to the terminology specifically created for the Application without prior written and valid consent from the Company;
  • 30.3. The Company holds the copyright for the design, workflow, and standard operation procedures within the Application. It also includes the Application related procedures deployed in various hospitals, clinics, or public places; and
  • 30.4. If HeaLink becomes aware of any User infringing on the copyright or trademark rights, it is Our policy to take reasonable actions within our power to terminate that User.
31.Governing Law:
  • 31.1. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles, and disputes arising in relation hereto shall be subject to the jurisdiction of the High Court of Judicature at Delhi, and the matter shall be adjudicated in the municipal limits of the city of New Delhi in accordance with the Arbitration and Conciliation Act of 1996; and
  • 31.2. The arbitration shall be held at New Delhi in the following manner:
    • 31.2.1. hree (3) arbitrators shall be involved. Each party shall appoint one arbitrator, and the third arbitrator is to be selected jointly by the appointed arbitrators;
    • 31.2.2. The arbitration award must be in writing and shall final and binding, and enforceable in any competent court of law; and
    • 31.2.3. The prevailing party may, at panel’s discretion, be awarded its costs and reasonable fees, including counsel fees.
  • 31.3. The provisions of this Section shall survive the termination of the Terms of Use.
32.Report Abuse and Grievance Redressal:
  • 32.1. In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Application or if You wish to report a grievance regarding Application or Application Services, please report the same to the following e-mail id: developer@thirdai.co.in or reach out to our Grievance Officer, whose contact information is detailed below:
    • Name: Abir Satsangee
    • Email ID: developer@thirdai.co.in
      • Postal address:  L-15, G/F SOUTH EXTN PART-2 DELHI South Delhi DL 110049 India

Please provide Us with a detailed description of the complaint/grievance, and We will acknowledge the complaint within twenty-four hours and will endeavor to resolve Your grievances within one month from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

    • 32.2.If You want to grant, manage, review or withdraw Your consent, You can reach to Us through a Consent Manager. The appointment of Consent Manager align with the regulations set forth in the Digital Personal Data Protection Act, 2023.

You may contact the Consent Manager at: developer@thirdai.co.in

33.Communications:
  • 33.1. You hereby expressly agree to receive communications by way of SMS/ phone calls and/or e-mails from the Company and Third- Party Service Providers relating to the Application Services provided through the Application; and/or
  • 33.2. You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by e-mailing to [●] or contacting our Grievance Officer. However, this may limit the extent of Application Services that you can avail.
34.General Provisions:
  • 34.1. Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Application. Any notice provided to the Company pursuant to the Terms of Use should be sent to our Grievance Officer with subject line – Attention: TERMS OF USE.
  • 34.2. Assignment: You cannot assign, or otherwise, transfer the Terms of Use, or any rights granted hereunder to any third-party. The Company’s rights under the Terms of Use are freely transferable by the Company to any third-party without the requirement of seeking Your consent.
  • 34.3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
  • 34.4. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.
35.Your IP Infringement:
    If You believe the Application or any of the Application Services violates Your Intellectual Property, You must promptly notify the Company in writing at [●] These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Application. You are required to provide the following details in our notice:
  • 35.1. the intellectual property that You believe is being infringed;
  • 35.2. the item that You think is infringing and include sufficient information about where the material is located on the Application;
  • 35.3. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Application;
  • 35.4. Your contact details, such as Your address, telephone number, and/or email;
  • 35.5. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
  • 35.6. Your physical or electronic signature.
36.Disclaimer of Warranties & Liability of the Application:
    You expressly understand and agree that, to the maximum extent permitted by applicable law:
    • 36.1. The Application and its services, and/or any other content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that:
      • 36.1.1. the Application or the Application Services or the content will meet Your requirements or Your use of the Application or the Application Services will be uninterrupted, timely, secure or error-free;
      • 36.1.2. the results that may be obtained from the use of the Application, or Application Services will be effective, accurate or reliable;
      • 36.1.3. the quality of the Application or Application Services or content will meet Your expectations; or
      • 36.1.4. any errors or defects in the Application or Application Services or content will be corrected.
    • 36.2. No advice or information, whether oral or written, obtained by You from the Company or through use of the Application Services shall create any warranty not expressly stated in the Terms of Use;
    • 36.3. The Company will have no liability related to any User content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content;
    • 36.4. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Application or Application Services, either with or without your knowledge;
    • 36.5. The Company has endeavored to ensure that all the information on the Application is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Application Services;
    • 36.6. The Company shall not be responsible for the delay or inability to use the Application or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Application, or otherwise, arising out of the use of the Application, whether based on contract, tort, negligence, strict liability, or otherwise;
    • 36.7. Further, the Company shall not be held responsible for non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to downtime resulting from technical reasons, or for any reason beyond the Company’s control;
    • 36.8. You understand and agree that any material or data or content downloaded, or otherwise, obtained through the Application is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data; and/or
    • 36.9. The Company has implemented requisite market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, the Company shall not be held liable for any loss whatsoever incurred by the User.
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