Subscription Policy

Subscriber Terms of Use applicable to Healthcare Providers for the use of “Healthcoco Desk”, “Native Apps”, “Healthcoco List”, “Healthcoco Urban” and other Services provided by Healthcoco Technologies Private Limited (“Healthcoco”).

Introduction

Healthcoco Technologies Private Limited (Also referred as “us”, “we”, or Healthcoco”) is the owner, author and publisher of the internet resource ​ www.healthcoco.com​ on the world wide web including the mobile apps, software, services, products and other applications, of the brand names ‘Healthcoco’, ‘Healthcoco Desk’, ‘Healthcoco List’, ‘Healthcoco Urban’ ( referred to as the “ Site”) operated by the Healthcoco.

These Subscriber Terms of Use constitute the Licenses/agreement (the ​ “Subscription Agreement”​ or ​ “Subscriber Terms of Use”​ ) between Healthcoco and the user of Healthcoco’s Subscription Services (“User” Includes Healthcare provider & also referred to as “you”, “your”, If you are entering into agreement on behalf of a company or other legal entity then you represents that you have authority to bind such company or entity and in such case terms “you” and “your” refer to such company or entity). User’s use of Healthcoco Subscription Services, which include Healthcoco Desk, Healthcoco List, Healthcoco Urban and various ancillary Services accessible at ​ http://www.healthcoco.com and ​ https://www.healthcoco.com​​ , which are paid services and called “subscription services”, are subject to following terms and conditions:

1.0 AGREEMENT BETWEEN HEALTHCOCO AND YOU

1.1 The Agreement is governed by the provisions of Indian law, including but limited to; The Indian Contract Act, 1872, The (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “​​ SPDI Rules​​ ”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “​​ IG Rules​​ ”).

1.2 User shall create an account, by providing necessary information, for login. Healthcoco is not under obligation to provide multiple accounts to the user. Multiple users can not share same signin/same login.

1.3 You represent and warrant that you are age of majority under law of country to which you belong and you are not a person barred from receiving the Subscription Services under the laws of India or other countries including the country in which you are resident or from which you use the Subscription Services.

1.4 Healthcare provider who has subscribed the services and has explicitly or implicitly authorized the use of service to any associates, Intern, employee, consultant and if such authorized persons violates any of the terms of this agreement, Terms of Use and privacy policy then it shall be deemed that subscriber has also violated the same, in such event the Healthcoco may seek recourse against such authorized persons and/or Healthcare provider.

1.5 It is clearly understood by the subscriber that services provided by Healthcoco are in fulfillment of Terms of Use and permissible under law in relevant jurisdiction.

1.6 Subscriber agree that he shall not use or caused to be used Subscribed Service of Healthcoco for any illegal and unauthorized purpose or shall not impersonate any person or user.

1.7 The user agrees that Healthcoco at its discretion may restrict user’s access or use, partly or totally to subscribed services.

1.8 The user shall regularly check the site. Use of the site by user after alteration and addition of the site shall indicate that the users have accepted and agreed for changes.

1.9 Healthcoco reserves all rights, interest and title in and to the subscription services including related intellectual property rights. User is not granted any right hereunder other than as expressly mentioned herein.

1.10 HEALTHCOCO at its sole discretion may, without notice to the user may at any time alter or add any of the Subscriber Terms of Use and any other information posted on the site.

1.11 The user shall access or attempt to access to Subscribed Service, Network, related systems only through proper interface as provided by Healthcoco. User shall not create multiple accounts or access to services in such a way with a view to avoid incurring of fees.

1.12 Subscriber shall not transfer their login or right to use the subscription, its rights and obligations hereunder, by way of sub-license, lease, assignment or any other way to anyone else. If subscriber does so then it shall be null and void and not binding on Healthcoco.

1.13 The user shall not do or cause to be done any act which will annoy or disturb the Subscribed Service or shall be harmful to other users.

1.14 It is understood by the user that he shall be solely liable and responsible to us and to third party for violation of any terms and obligations under the terms of use. In such event if any loss or damage is caused to us then the user shall indemnify such loss with reasonable expenses and cost.

1.15 User acknowledges and agrees that they shall take reasonable efforts to prevent unauthorized use or access to data.

1.16 User acknowledges and agrees that user shall not use subscription services for transmitting or storing, unlawful, libelous, infringing, tortious material or malicious code or material violating third party privacy rights.

1.17 It is specifically agreed by the user that he shall not make or cause to be make undesirable/unsolicited calls or breach of any rules or guidelines or use any information displayed on site which are country to rule of law particularly TRAI guidelines.

1.18 We reserve our right to modify, amend or alter this agreement and services due to Govt. law, policies or actions or applicability of local Laws.

1.19 The user is not authorized to copy, frame, mirror, modify, reverse engineer, disassemble, translate, create derivative work, License, sublicense, distribute, transfer, duplicate, rent, lease, sell, resell, reproduce or trade any of the services and content provided by us including but not limited to features, graphics or functions of the subscription services. User shall also not attempt to extract any or the entire source good of Healthcoco services and softwares.

1.20 The subscriber shall furnish correct, true and complete up to date address along with phone number for registration of Subscribed Service of the Healthcoco. Healthcoco at its discretion may ask for additional or supporting information in this regard.

1.21 It is for the user to maintain the confidentiality of password for accessing the Subscribed Service provided by us. It is clearly understood by the subscriber that the user can avail such service which he subscribed and not other Subscription Service provided by us. Users shall have rights and obligations relating to the subscribed services only. The Subscribed Service is provided on AS IS WHERE IS basis without any liability.

1.22 The Subscribed Service is provided on AS IS WHERE IS basis without any liability.

2.0 TERMS OF SUBSCRIPTION SERVICE

2.1 It is understood by USER that patients are managed by him and we only provide software as a service, on the condition that you have license to use the Subscription service of Healthcoco. We own and do not transfer Intellectual Property Rights (IPR) or title of subscription services and software.

2.2 The Healthcoco may provide any Subscription Service on trial basis, the services are provided “AS IS”, free of charge, without any guarantee or warrantee. The free trial period will begin from the date on which you accept this agreement or any date of any purchase ordered by you. These services shall be of temporary nature and it will automatically stop after free service period. Any data put on the site shall be lost permanently unless you subscribe the same service as those covered by trial or subscribe upgraded services before end of free trial period. During this period all condition of Terms of Use, privacy policy and this agreement shall be binding on the subscriber.

2.3 The basic support for Subscription Service is provided by Healthcoco without any additional charges or at additional charges upgraded support is provided as per govt. laws and regulation. Healthcoco strives to provide Subscription Service available 24X7 basis except for planned down time or for any reason beyond its control including but not limited to Act of God, Govt., natural calamities, delay or failure of other service providers, civil unrest, acts of terror, strikes and other labour problems. Healthcoco shall preferably undertake planned down time between Friday 6 pm to Monday 6 am by providing advance notice of 8 Hours to user.

2.4 If user is representing any person or any organization who is direct competitor to Healthcoco, user shall not access to services. User shall not use Subscription Service for monitoring performance or benchmarking purpose.

2.5 User acknowledges and agrees that purchase of subscription services is not based on any assurance by the Healthcoco whether written or oral with regard to delivery of any future features or functionality.

2.6 User acknowledges and agrees that subscription of services is as per user plan and services are not accessible to more than specified number of users. Additional users may be added during the currency of subscription term and such additional subscription shall be coterminous with existing term and shall end on the same date as that of existing subscription.

2.7 The subscriber agrees to secure consent of end user and their representative with relation to their use of Healthcoco services as per Healthcoco terms of use and Healthcoco privacy policy and subscriber use of Healthcoco subscription services for storage and processing of end user data. Subscriber shall be responsible for any interaction or dealing with patients or their representatives and Healthcoco in no way answerable or liable to end user or/and user with respect to correctness, accuracy, integrity, legality and completeness of the information provided by the end user to the user provided through the Subscriber service. The subscriber shall be solely responsible for all these parameters related to information. The Subscribed Service provided by Healthcoco is not intended for emergency situation or emergency appointment etc.

2.8 Healthcoco may develop new features, applications or functionalities in relation to subscribed services; Use of such additions by the user is subject to additional terms as may be stipulated. Healthcoco may update or make material changes to the subscription services. Healthcoco reserves its right to add, remove, alter any feature to site and services at its discretion or altogether new version of service may be made available to user. Healthcoco shall intimate user about new version and reserve the right to upgrade to the latest version for all user when deemed necessary.

2.9 The Healthcoco provides Subscribed Services under different categories and additional Subscribed Services may be also made available along with standard Subscribed Service. All such Subscribed Service shall be subject to specified terms and conditions, limitations, restriction relating to respective Subscribed Service. User shall have right to access and use such Subscribed Service subject to observation of specified Terms.

2.10 The facility under the title Healthcoco Health Account may be provided on the site and services for end user in which the information supplied by the end user is stored. Healthcoco Health Account is subject to following terms and without prejudice to terms of use and privacy policy.

2.11 The information posted by the end user is displayed on ‘Healthcoco Health Account’ to which it will not be possible to certify the correctness of the information and Healthcoco will not be liable for any mistake or incompleteness of such information. Healthcoco presume that information provided by end user or user is correct and complete.

2.12 If Healthcoco is investigating any complaint or alleged violation of the Terms of agreement by user or Healthcoco for any other just and proper reason, Healthcoco may suspend the Subscribed Service of such user till such investigation is completed and results are not against the subscriber if user becomes aware about violation of any of the terms of this agreement, Terms of Use or Privacy Policy, user will immediately notify Healthcoco about the same and suspend the use of account. If user fails to do so Healthcoco may request the compliance within 24 hours and thereafter if user still fails to comply Healthcoco may suspend the account till the time compliance is achieved. In case of emergency due to security reasons Healthcoco may without prior notice automatically suspend the account, such suspension shall be for minimum period, when suspension is without prior notice, Healthcoco shall provide the user reason for suspension within reasonable possible time.

2.13 Any information posted by End user or user on the site, Healthcoco reserves the right to use such information for any scientific analysis and improvement of service and making the service more useful by using/applying various yardstick in this regard.

2.14 It is clearly understood by the user that the Subscription Service provided by Healthcoco are subject to certain limitation including storage space, no. of calls by the users, sms, appointments, accounts etc., depending upon the plan adopted by user.

2.15 Listing of user is based on certain parameter and is subject to change from time to time. Healthcoco is not under obligation to disclose these parameters and user will not seek such details from Healthcoco.

2.16 Healthcoco reserves the right to use demographic, health record information of end user in anonymised form along with Healthcare provider and practice information.

2.17 It is clearly understood by the user that Subscribed Service provided by us are at sole discretion of Healthcoco and Healthcoco reserves the right to alter, amend or modify any feature or customs the software and shall not be bound to honour customization request of user. The Subscribed service fee collected by us is exclusive of any customization charges.

2.18 Healthcoco Subscribed Service collects online request from End user and other users and conveys the same to user/subscriber listed on the site through email and/or sms and other communication means. Healthcoco takes reasonable care to transmit such requests to user, however operational or technical issues may hamper such communication or user may not read sms and/or emails or may not responds to communications or may fail to respond in time. In all such cases Healthcoco shall have no responsibility or liability.

2.19 Information displayed relating to user is used by end user for selection and appointments. Healthcoco reserves the right to retain and display user information in the event of user removing its information from site and services, discontinuation of subscription, termination or ceasing to be paid subscriber by the user.

2.20 Healthcoco strives to get confirmation for requested appointment by End users on the site, however Healthcoco do not claim or guarantee that all appointments shall be made, confirmed and user/subscriber shall be available in case confirmed appointment has been communicated or End user shall avail confirmed appointments or shall not cancel confirmed appointment.

2.21 Healthcoco lists user who have subscribed to this agreement along with users who are not paid subscribers. Information relating to user is displayed as per information provided by respective users to Healthcoco. If there is any change or amendment, USER may request for change or deletion of such information to Healthcoco.

2.22 User may contact for change, amendments to user information by contacting [email protected]

2.23 The user shall ensure that details about end user posted on the site as regard email ID, mobile no. and address provided by End user are true and correct. If user notices or it comes to its knowledge that information posted on site requires modification or any error has occurred while posting the information the same shall be forthwith communicated to Healthcoco.

2.24 In case Subscribed Service provided by Healthcoco are not available due to our default, the Healthcoco may its discretion extend the subscription period of user by matching No. Of calendar days. However the Healthcoco shall not be liable or responsible for any fault in the services on account of any technical or mechanical defects or disconnection or internet/telephony connectivity. This default will not give any cause to claim the refund of subscription for the period of default.

2.25 Notwithstanding anything to the contrary contained herein, Healthcoco do not guarantee or warranty that Subscribed Service including mobile apps may not be affected due to many factors including but not limited to failures of communication systems, networks, power failure, services failure at Internet Service Provider, Internet failure. Healthcoco shall not be responsible for any failure of Subscribed Service for reasons beyond its control.

3.0 ADDITIONAL SPECIFIC TERMS FOR USE OF HEALTHCOCO DESK

3.1 Healthcoco Desk is cloud based service and user can access and use the Subscribed Service at time determined by them.

3.2 User Agree that use of Healthcoco Desk by agents, employees, receptionist of USER shall be as per Subscriber Terms of Use, Healthcoco Terms of Use and Healthcoco Privacy Policy. User can use Healthcoco Desk for appointment booking and reminders, maintaining medical records, writing prescriptions, invoices and bills.

3.3 Healthcoco reserves the right to make operational changes in Subscribed Service at its discretion and user shall be given intimation of such charges before being made operational. Healthcoco may provide instant (ABS) Appointment booking facility to user. Healthcoco Reserves the right to remove or to extend such facility to user, based on appointments honored by user, Healthcoco shall communicate such extension or withdrawal to user.

3.4 End users and other users provide reviews and feedback on Healthcoco and Healthcoco Desk, Healthcoco shall display such reviews on the site and services and user agrees that Healthcoco shall have no responsibility or liability on account of all such reviews and feedbacks on the site and services.

5.0 ADDITIONAL SPECIFIED TERMS OF USE OF HEALTHCOCO LIST : HEALTHCOCO URBAN

5.1 Healthcoco list is subscription services which provide higher position in search results of an end user in particular List. Healthcoco defines areas included in locality based on certain parameters. Healthcoco reserve the right to alter the areas of locality based on certain parameters.

5.2Healthcoco urban is Subscribed Service which provides higher position in search result of an end user in particulars urban area based on certain parameters.

5.3 The subscription service does not guarantee minimum number of patients, phone calls, appointments or impressions (Clicks), any kind of positive feedbacks by end users and change/alteration in user profile on Healthcoco site and services.

5.4 Subscription Term of use of service shall be number of months. User shall subscribe for number of months user intends to use services.

5.5 The Subscribed Service shall be locality and/or urban area wise, key word based and specialty of user/subscriber wise.

5.6 Listing of user/subscriber at higher position on search result of end user for locality and/or urban area shall be based on subscription services availed by user/subscriber and technical parameters fixed by Healthcoco.

6.0 ASSURED SEARCH ON HEALTHCOCO LIST/URBAN :

Assured search service is made available to user/subscriber based on certain key words for particular area on probability (25%, 50%, 75%, 100%) basis, based on Availability of slot. Change of Keyword shall not guarantee the search result as was with original keywords. Display of user/subscriber information shall be as per Healthcoco guidelines. User/subscribe shall be bound, If Healthcoco effects such change of information as per Healthcoco guidelines and it is well within user control.

7.0 OTHER HEALTHCOCO SERVICES :

7.1 Healthcoco List / urban are offered to users/subscribers already registered with Healthcoco site and services. Healthcoco reserves the right to display / remove listing as per applicable laws.

7.2 Subscriber/user agrees that they shall observe and obey applicable laws and regulation of respective jurisdictions and if any third party claim arises in relation to use of Healthcoco List/urban, Healthcoco shall not be liable for such claims.

7.3 Subscriber’s use of these services provides list of Subscriber information on priority basis with higher ranking on as is basis. It does not ensure or guarantee specified number of appointments, calls, bookings of end user.

7.4 User agrees that use, storage, share and disclosure of information shared by user / subscriber in this service with Healthcoco, its associates and affiliates shall be subject to Healthcoco Privacy policy.

7.5 If user subscribes to multiple services and has violated any of terms of any of Helthcoco subscription services and Healthcoco has delisted the user from any of subscription services then such user shall stand delisted from other subscription services also. This shall be matter of notice for Grievance officer under other services also.

7.6 Healthcoco does not prompt End user / users to visit and avail services on List/urban Healthcoco service and shall not be liable if any information or claim made therein is inaccurate. Healthcoco shall not be liable for content uploaded/posted and/or services provided by Healthcoco List/urban subscribers.

7.7 Healthcoco shall have right to display reviews and/or feedbacks of end users and other users on subscriber/Health care providers/users of the subscribed services on the site and services when subscriber/user intends to provide appointments to end users and their representations. However Healthcoco shall not be liable for correctness or accuracy of any review and/or feedback on the site and services.

8.0 FEES, TAXES AND PAYMENT:

8.1 These subscriber Terms of Use are applicable to subscription of Healthcoco Desk, Healthcoco list and Healthcoco Urban only and are subject to Healthcoco Terms of Use and Healthcoco Privacy Policy.

8.2 User acknowledges and agrees to Healthcoco changing applicable charges fee for subscribed services at the start of subscription period or at such periodical intervals as may be applicable to respective services, User further agrees that Healthcoco at its discretion may alter or modify charging patterns and amount and user shall accept such modified charges/fees. All fees shall be as per the currency indicated in the invoice. Number of subscription purchased cannot be reduced during particular subscription term as mentioned in invoice/bill.

8.3 The subscription fee is payable on purchase of Subscribed Servics and additional uses beyond prescribed limits as per user plans and are no way related to actual use. User acknowledges and agrees to pay all applicable charges and fee for subscription, consultation and other fees as per user plan; user shall not adopt any method to avoid payment by using any circumvention. The subscription fee once paid is not refundable.

8.4 Healthcoco at its sole discretion may change the terms of agreements including fees applicable to existing services and these changes shall apply as amended from time to time, Healthcoco may provide new services at additional charges and fees. If user does not agree to amended terms, user may stop using the subscription services. Healthcoco shall post the updates and modifications on the site and services.

8.5 User agrees that Healthcoco shall not be responsible for any statutory, legal or tax compliance of the user and user alone shall be responsible all such compliances, reporting and registrations.

8.6 User agrees that user may avail third party offline payment facility made available by Healthcoco and Healthcoco shall not be responsible if user suffers any damages or loss due to use of such payment facility.

8.7 User agrees that billing information and credentials provided by user shall be correct and user shall not use any credential which as per law does not belong to them.

8.8 User fees and charges shall be related to number of total user license requested. Normally the periodicity of the subscription services shall be one year, however it may be monthly or other intervals depending upon type of subscription services. Healthcoco at its discretion make change subscription renewal period.

8.9 Receipt of Payment relating to Subscription Service shall be deemed to be complete when the fee is received in designated Healthcoco bank account.

8.10 Notwithstanding anything to the contrary contained herein user acknowledges and agrees that Healthcoco shall be entitled to charge credit card for next subscription period if user has already made payment of earlier subscription period by credit card. Healthcoco shall send invoice for ensuing subscription period to user by email or other communication methods 15 days period to Due date. If user is not inclined to renew the Subscription Services, they may intimate the same to Healthcoco within 7 days from receipt of invoice. Alternatively Healthcoco shall charge the credit card of registered user for ensuing subscription period on due date.

8.11 Healthcoco may provide facility for payment through cheque, which may collected personally from user or user may post the cheque to Healthcoco at Healthcoco Technologies Pvt. Ltd., Civil Lines, Nagpur, India – 400 001.

8.12 Healthcoco reserves the right to alter or modify the Subscription Service fees and charges. Healthcoco shall notify such changes on site and services or may email such communication. Such modified fee structure shall be applicable from Notified date.

8.13 In the process of effecting fund transfer for payment of fee user need to provide details relating to its bank account, credit card no and other financial information. Use of such information shall be as per Healthcoco Privacy Policy.

8.14 Healthcoco at its sole discretion may charge late charges if payment of subscription fee is delayed beyond prescribed due date @1.5% per month for period of default on outstanding balance. Healthcoco at its discretion may suspend subscriber’s subscription services for late payment of fees.

8.15 All subscription fees and charges payable on purchase of Subscription Service are exclusives of statutory levies, taxes, service tax, value added taxes and custom duties including any related interest or penalty assessable by any local, state, provincial, federal, central or foreign jurisdiction. Such taxes and levies shall be applicable as per prevailing tax structure under respective legal provisions. If subscriber is entitled for any tax exemption or has legal right to withhold taxes then subscriber shall provide to healthcoco either valid tax exemption certificate issued by appropriate taxation authority or official tax receipt/necessary documents to support tax withholding.

8.16 User acknowledges and agrees that Healthcoco shall have right to invoke following measure if user fails to pay subscription fee on due date.

8.17 After 07 days from Due date: Reduce all credits to Zero including but not limited to phone calls, sms etc.

8.18 After 30 days from Due date: Discontinue Subscriber Services.

8.19 After 90 days from Due date: Delete all the information in user account.

8.20 Healthcoco shall arrange to send receipt of payment of fees to registered user within 15 days from date on which payment is received in designated Healthcoco Bank account.

8.21 If user desires they may cancel the Subscription Services as per prescribed method as mentioned in Terms of Use or by communicating at [email protected] . The initial subscription charges, registration charges or setup fee once paid shall not be refunded.

8.22 The fees charged by the Healthcoco are based on services purchased and not on actual use. Measurement of services availed or used by Healthcoco is final. Healthcoco is not obliged to provide multiple bills/invoices.

8.23 The subscriber fees paid for particular Subscribed Services shall not be transferable to other Subscribed Services nor shall be carried over to another period or service. In case Subscribed services are modified, altered, suspended or discontinued Healthcoco shall not be liable to user or other third party.

In case of permanent termination of subscribed service by Healthcoco, there being no fault of user, user shall be entitled to refund of proportionate subscriber fees for remaining subscription period from date of termination, discontinuation and refund of subscription fees shall be subject to para no.

8.24. However Non-refundable registration fees and set up fee shall not be refundable. Healthcoco reserve the right to deduct any amount on account of tax payable from such refunds. If user, due to any reason, desires to discontinue the Subscriber services, they may communicate in writing and Healthcoco within 45 day from receipt of such intimation shall deregister the user from such subscribed service. If termination is at subscriber's request no subscription fee shall be refundable.

8.24 Healthcoco strives and will make all reasonable efforts to continue the subscription services. However Healthcoco may discontinue or terminate the subscription services in part of totality due to following reasons :

8.24.1 Continuation of service may lead to substantial economic or technical burden or may be security risk.

8.24.2 Continuation of subscription services is prohibited by change of law or application of new law or change in third party relationship including change of terms or cessation of services by third party.

8.24.3 If discontinuation or termination of subscription service is on account of circumstances mentioned in above paras, in such cases subscriber will not be entitled for refund of subscription and other fees and/or other compensation.

8.25 User Agree that billing information as kept and computed by Healthcoco or any third party as designated by Healthcoco shall be final and binding on the user. No other information shall be acceptable and have effect under the agreement.

8.26 Healthcoco may terminate this subscription agreement for its convenience at any time without any liability to user. On termination all the rights granted to user shall cease and fees payable by user to Healthcoco shall become due. User shall delete the data on the subscription service and make reasonable effort to return or destroy all confidential information of Healthcoco.

9.0 LIMITATION OF LIABILITY:

9.1 Healthcoco may avail services of business partner, affiliates and third parties for delivery of Healthcoco Subscription Services. Healthcoco does not have control over the quality, content, accuracy, reliability and validity of such services and shall not be liable or responsible for on these counts. Healthcoco Subscription Services may include link to other sites and services and this does not indicate that Healthcoco recommend and endorse such links. Users shall exercise own discretion in use of such links and Subscription services.

9.2 In the process of availing Healthcoco Subscription Services user may browse or download any information, data, text, images, audio, video or other material in this process user hardware or equipments may get infected, damaged and may encounter viruses. If user is dissatisfied on account of such events their sole remedy is to not to use Subscription services. Healthcoco shall not be liable or responsible if user suffers any damages due to these causes.

9.3 In the process of availing Subscription services, user may interact with other users and visitor and may view, download any material including opinions and other information. The process may involve interactions with administrators and or moderators. Healthcoco does not endorse such views, opinions and material and all these are personal in nature and do not bind Healthcoco in any way. Healthcoco shall not be liable if anyone including users rely on and use such information.

9.4 Healthcoco may contact user for obtaining, feedback and reviews relating to Healthcoco subscription services and/or healthcare providers listed on the site and services through communication channels at your contact via sms, phone, email and other means.

9.5 Healthcoco provides listing of healthcare providers based on certain technical parameters including reviews, feedbacks and comments provided by end users. Healthcoco shall not be responsible if any adverse comments are posted by end users.

If due to any ratings, information or data user suffers business loss or reputation then Healthcoco including Director, shareholders, predecessors, successors in the interest, parent, subsidiaries and affiliates, officers, employees, agents, service or content providers, consultants, representatives, licensors, suppliers and assigns including third parties shall not be liable for such loss or damages. Healthcoco reserves the right to display rating based on technical parameter adopted by it.

9.6 In case users including end user fail to use Subscription services make available themselves at pre appointed time, reschedule or cancel the appointment, in such events Healthcoco including its Director, shareholders, predecessors, successors in the interest, parent, subsidiaries and affiliates, officers, employees, agents or service or content provider, consultants, representatives, licensors, suppliers, assigns including third parties shall not be liable or responsible.

9.7 If any provider claims damages under the terms of use or otherwise then such provider shall be deemed to be user under this clause.

9.8 In no event the total liability of the providers under any circumstances shall exceed INR 100/- (Rupees One Hundred only) or amount paid to Healthcoco for use of the site and services or one month’s subscription, whichever is lower.

9.9 If user is resident of special jurisdiction where general release of the claim with the debtor is not allowed under certain circumstances, In such cases user waive his right with respect to such legal provision which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”.

9.10 Notwithstanding anything contained in this document, in no event and under no circumstances, including, but not limited to negligence, Healthcoco or any of its Director, shareholders, predecessors, successors in the interest, parent, subsidiaries and affiliates, officers, employees, agents or service or content provider, consultants, representatives, licensors, suppliers, assigns including third parties shall be liable to user (or to any third party claiming under or through user) for any direct, indirect, special, incidental, consequential, Exemplary, punitive damages of any type whatsoever in connection with the site and services, products, content or arising from the use and inability to use, downloading, alteration, posting, transmission, exchange, receipt, provision, failure to provision, access or unauthorized access of the site, content, services, resources, material, information, product or third party links, site or resource linked to or accessed or referenced through the site, without limitation any lost business, loss of users, lost profit (direct or indirect), lost savings, business interruption, loss of data, loss of goodwill or business reputation, loss of goods, tangible or intangible loss, cost of procurement of substitute services or goods, loss of programs, loss of revenue or financial losses even if providers have been informed in advance of the possibility of such damages. This waiver and exclusion of damages and liability, shall apply to all types of cause of action arising out of any warranty, legal theory, theory of liability, tort or contract including but not limited to failure to provide all or any type of site and services by Healthcoco to it's all users, by healthcare providers to the users due to use of the site and services, medical negligence or malpractice of healthcare providers accessed or used through the site and services even if Healthcoco knew or should have known about such damages, user's reliance on any advertisement on the site and services, user’s relationship with advertiser or sponsor on the site and services, users inability to provide accurate account information or to secure password or account details, unauthorized access or alteration of data or any other matter relating to the site and or services including changes or permanent or temporary termination of the site and services.

9.11 Healthcoco including Director, shareholders, predecessors, successors in the interest, parent, subsidiaries and affiliates, officers, employees, agents, service or content providers, consultants, representatives, licensors and assigns shall not be liable for following acts or omission.

9.11.1 Acts or omissions of third parties including companies and vendors providing any part of Healthcoco subscription services.

9.11.2 Acts and omissions of third parties including user’s resulting into breach of privacy and/or unauthorized interception of user communication.

9.11.3 Damages arising out of equipments and services not provided by Healthcoco.

9.11.4 Damages arising from operation of user provided equipment, facilities, systems and/or services that are interconnected to subscription services.

10.0 SPAMMING

10.1 Healthcoco has strict policy on spamming. Spamming is practice of sending unsolicited messages in large quantities with commercial content to indiscriminate set of recipients.

10.2 User acknowledges and agrees that user shall neither use nor store/harvest contact details provided by other users including healthcare providers for the purpose of sending or facilitating any other person to send unsolicited bulk communication. User further agrees that user shall not allow any third party to use user’s credentials for violating the Healthcoco spam policy.

10.3 User and/or any person who sends any message which is deemed to be spam in nature shall be liable to pay of INR 10,000/- per end user/user per message. Amount shall be paid to Healthcoco within 15 days of transmission of such message.

10.4 User’s violation of these terms shall result into immediate termination of access and registration of subscription services. Healthcoco reserves the right to take legal measure if user or anyone using user’s credentials violate these terms.

11.0 DISPUTE AND DIFFERENCES

11.1 User agrees that this Subscription Agreement shall be in force and binding on user during the currency of subscription services in any form or capacity.

11.2 User may seek termination or discontinuation of subscription services during its currency by giving one month prior notice to ​ [email protected]​ . Healthcoco at its description may terminate or ask the user to continue the subscription services and ascertain whether any dues are pending and regarding fulfillment of other terms of this agreement by user.

User is under obligation to clear all the dues and Healthcoco shall not be liable to any third party or user or other users for termination of user’s access to site, services and Subscription services.

11.3 If user’s subscription services are discontinued, terminated or suspended then user shall not continue to use the same account, register under new account or use different account unless expressly permitted by Healthcoco.

Once subscription services account is discontinued, terminated or suspended user shall not have access to any information, data, files, messages and other content maintained by the user on the subscription services. User shall maintain continuous backup of data and contents maintained on the subscription services for its record keeping and practice.

Notwithstanding anything contained in this agreement, Terms of Use and Privacy policy Healthcoco reserve the right to use and publish user’s data and information made available in public domain through subscription services even after termination of subscription service in relation to specific user.

11.4 The user’s account of subscription services may stand terminated either due to nonpayment of subscription dues or other reasons OR on user’s request. In first case if user makes payment within 30 days of termination, Healthcoco shall provide user’s data in downloadable copy in CVS format (comma separated value) or other format as may be decided by Healthcoco. Healthcoco shall not be under any obligation to maintain such data after 30 days except as may be required by applicable legal provisions. Healthcoco reserves right to delete all such data in its control and possession.

In second case it shall be sole responsibility of user to take backup of the data before termination of subscription services. User’s data shall not be provided after termination.

11.5 Under no circumstances user shall be relieved of the obligation to pay any fees payable to Healthcoco for the period prior to the effective date of termination for any termination.

11.6 Relationship between Healthcoco and user is as independent parties and this agreement does not create joint venture, agency, partnership, franchise and fiduciary or employment relationship between the parties.

11.7 Even after user’s subscription services have been terminated user’s obligation under clauses relating to dispute resolution, limitation of liability, indemnity, intellectual property rights, covenants, Jurisdiction, Disclaimer and exclusion of warranties, fees and payment of purchased services, Proprietary rights, confidentiality and general provision shall continue and survive the termination for that purposes.

11.8 Healthcoco shall have remedies expressly stated in the agreement and remedies provided in the agreement are in addition to, and not exclusive of, any other remedies that Healthcoco may have as per law or in equity.

11.9 If user violates any of terms of subscription services, Terms of Use or Privacy Policy or if user withdraws the consent necessary to avail subscription services or user fails to provide consent for availing the subscription services, in all these contingencies, Healthcoco at its discretion shall delete the user's content from the subscription services, terminate the access of user to subscription services with immediate effect and/or may take all legal measures and/or remedies.

11.10 Indian laws shall be applicable to contractual obligation under this agreement between Healthcoco and user and courts at Nagpur, India shall have exclusive jurisdiction in legal matters.

11.11 If Healthcoco effects any amendment to this agreement then it shall supercede all prior version of the agreement.

12.0 MISUSE, THEFT AND FRAUDULENT USE OF SUBSCRIPTION SERVICES:

User acknowledges and agrees that user shall be liable for misuse, theft and/or fraudulent use of user’s subscription services account. User further agrees that user shall immediately notify Healthcoco about misuse, theft and or fraudulent use of user’s account and provide details of account and modus operandi of the misuse, theft, fraudulent use.

Failure to notify Healthcoco shall attract immediate termination of user account and penal charges at the discretion of Healthcoco. The misuse, theft and/or fraudulent user may occur due to wireless hijacking, modem hijacking or failure of internal and/or security procedures at the end of user. Healthcoco is neither obliged to extend the subscription services period or nor waive off the subscription services fees for which users account stands terminated. Healthcoco shall also not be obliged to issue any refund for fraudulent use of account due to user willful acts, negligence and/or unauthorized use of subscription services.

13.0 HEALTHCOCO RIGHTS IN CASE OF MISUSE OF SUBSCRIPTION SERVICES:

User acknowledges and agrees that Healthcoco reserves right to suspend, restrict or terminate access and/or use of subscription services in case user indulges in any misdeeds, abuse or misuse of subscription services which includes.

13.1 Violation of terms of conditions of this agreement, Healthcoco Terms of Use and Healthcoco Privacy Policy.

13.2 Repeat infringement despite earlier warnings by Healthcoco in relation to misuse of Subscription services.

13.3 Creation of false and/or multiple profiles.

13.4 Infringement of intellectual property rights.

14.0 SEVERABILITY AND WAIVER:

The words, Headings and clauses, used in Healthcoco Terms of Use but not defined in subscriber terms shall have the same meaning and object as used in the Healthcoco Terms of Use and shall be deemed part and parcel of the Subscriber Terms. The Healthcare provider has specifically read, accepted, acted, followed these terms and the same are binding on the subscriber. For example : the clauses, privacy (Clause 07 of Terms of Use), Limitation of liability (Clause 12 of Terms of Use), indemnity and Release (Clause 13 of Terms of Use), Disclaimer and exclusion of warranties (Clause 14 of Terms of Use) violation of Terms of Use (Clause 15 of Terms of Use), Relationship between User and Healthcare Provider (Clause 23 of Terms of Use), Differences and Disputes Resolution (Clause 35 of Terms of Use), Severability of Terms of Use (Clause 43 of Terms of Use), Jurisdiction (Clause 44 of Terms of Use), etc.

15.0 CONTACT INFORMATION:

15.1. If a User has any questions concerning Healthcoco, the Service, this Agreement, or anything related to any of the foregoing, User may contact Healthcoco at the following email address [email protected] or if user have any issue, complaint regarding any of subscription services user may contact Grievance officer at [email protected]

15.2. User shall provide contact information for service and billing. User may provide separate contact information for service and billing if required.

16.0 You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.

17.0 The user acknowledges that he has read the above agreement and understood the contents and needs no further clarification. The user agrees to be bound by the agreement and comply with all applicable laws & regulations in force, including export and re-export control laws and regulations.

In addition to Subscriber Terms of Use, Access to the Healthcoco site and services is subject to acceptance of Healthcoco Terms of Use, other agreements and Healthcoco Privacy Policy. In case of non agreement of any user with any provision of the same, user shall not provide any information or data and discontinue the use of the site and services including subscription services.

18.0 This Agreement being an electronic record in terms of Information Technology Act, 2000 is generated by a computer system and does not require any physical signatures and is effective from the date when user clicks to accept the agreement.