Terms of Use

Effective from: April 01, 2016.

Welcome to Healthcoco!

Legal Information & Notices.

We thank you for using website located at www.healthcoco.com, mobile apps, software, services, products and other applications provided by the Healthcoco (“Site”).

1. Definitions: Unless, the context otherwise requires the words used in this document shall have meaning as expressed below:-

a. The expressions “ACCESS”, "COMPUTER", “COMPUTER NETWORK”, “COMPUTER SYSTEM”, “COMPUTER RESOURCE”, “INTERMEDIARY”, shall have the meaning as assigned under The Information Technology Act, 2000;

b. “CONTENT” The content includes but not limited to text, images, graphics, user interfaces, photographs, video, logos, sounds, trademarks, location data, music, audio files, nearby places, computer code, computer Software, button, icons, designs, information, suggestions, guidance, material, response to users' questions or posting, data, data files, messages, profile, information, ratings, reviews, visual interfaces, reports, patterns, and method of gathering, assembly, arrangement, structuring, selection, expression and presentation of content;

c. HEALTHCARE PROVIDER includes medical practitioner of any branch whether individual or any other entity, which is listed on the site or otherwise, it also includes service providers related to fields of fitness, wellness and paramedical and other services relating to health and includes their various employees, associates, representatives, assigns, agents by whatever name called;

d. HEALTHCOCO means HEALTHCOCO Technologies Pvt. Ltd. a company incorporated under Indian Companies Act, 2013; e. SITE means website located at www.Healthcoco.com, and all associated site linked to www.Healthcoco.com site by its affiliates and subsidiaries, mobile apps, software, services, products and other applications provided by Healthcoco;

f. USER means any person who access or avail any computer resource of intermediary for the purpose of hosting, publishing, sharing, transacting, displaying or unloading information or views and includes other persons jointly participating in using the computer resources of an intermediary. User also includes healthcare provider & patients and their representatives, whether registered with the Healthcoco or otherwise as the context requires; The terms of use shall be governed by Indian laws including Information Technology Act 2000, and rules framed, regulations and circulars issued there under.

2. Following are the terms and conditions of an agreement (The “Terms of Use”) between “user” and “Healthcoco”.

3. Condition of Use

On accessing or using the site user agrees to these terms and conditions. User is advised to go through these terms minutely and carefully. The essence of the agreement is that the site is offered on "AS IS" AND “AS AVAILABLE”, basis without any warranties and guaranties.

a. APPLICATION: The "Terms of Use" shall be applicable whether the use of site is with our without consideration.

b. The content on the site may be user generated and /or belonging to Healthcoco or otherwise. User agree that they shall be responsible for the contents created, transmitted or displayed on the site and services by them and also for any consequence in relation to such act. The content collected by Healthcoco from user shall be property of Healthcoco. User agrees that Healthcoco may share or transfer the content to the third party with a view to provide services, products, features, programs. The content of the site is controlled by Healthcoco and is protected by copy right, trademark, patent and other intellectual property rights and unfair competition laws.

c. The user shall use the content exclusively as per the agreement and unless expressly permitted, shall not change, modify, rent, lease, loan, sell, create derivative work, reproduce, copy, upload, encode, translate, distribute, transmit or display , in part or in totality, on any other hardware or software medium for commercial or public purpose. The permission shall be without removing any proprietary notice and without making any additional representation and warranties. However, the health care provider may use the information exclusively for professional purpose as permitted. User in the process of using the site and services may be exposed to indecent, offensive, negative and objectionable content , user agree to use the site and services in this respect at their risk. Healthcoco shall have right, but not obligation to filter, flag, review, pre-screen, modify, remove or refuse any of all of the contents from the site and services. In case of violation of the above terms, all rights of the user shall stand automatically terminated without any notice and user undertake to destroy all information downloaded and stored in any form under user’s control, custody or possession.

d. The user agrees that in case the user registers an account or uses the services on behalf of individual/s or entity, including parents, family members, relatives etc., other than the user, the user represents that the user is authorised by such individual/s or entity, including parents, family members, relatives etc. to accept this agreement on behalf of such individual/s or entity.

e. The user shall not export, re-export or use the services, products, content, site, features, provided on the site in violation of any law, rules, regulations, including, but not limited to Indian Export laws and rules and regulations made there under.

f. The User agrees not to use or allow third party, the services, products, content, site, features or programs in any manner which is infringing, unlawful, harmful or tortuous in nature in any way that violates privacy, intellectual property rights, or other rights of Healthcoco, its users and/or third parties, or in any other way interfere with the use, operation or enjoyment of the services, products, content or site etc.

g. User agrees that Healthcoco may provide advertisement to user on access or use of the site and services. Healthcoco may provide user relevant content including customised search result, tailored advertisements to user by using necessary technical means, contents related to user and queries made by the user on the site and services.

h. These terms of use govern the relationship between Healthcoco and user and do not create third party beneficiary rights.

i. User agrees that the site and services may be provided by Healthcoco, its affiliates and subsidiaries and other third parties. User further agrees that the site and services may stop temporarily or permanently and form and nature of the same may undergo any change from time to time without notice. Healthcoco may update the software, site and services with a view to fix bugs, enhance functional aspects, provide new modules or new versions. User agrees that Healthcoco shall deliver and user shall receive such updates as a part of use of the site and services. User also agrees if Healthcoco disables access to user’s account then user shall not be able to access the account, contents of the account including files and other details.

4. Other Terms and Conditions of Use

a. Offer of services and or product by Healthcoco shall be subject to Terms of Use. Healthcoco provides range of services and products hence sometimes additional terms of use may be applicable to some of services or products. Such additional terms may be displayed on the site / system.

b. If there is any conflict between these Terms of Use and the terms specifically applicable to any products or services then in that case the latter terms shall prevail and shall have binding effect over the Terms of Use.

c. Offer of products and services shall be subject to the specific agreement pursuant to which they are provided or offered. Healthcoco may affect change in any of products or services and its prices without any prior notice and without updating the site for such changes.

d. Healthcoco may add, modify or terminate the site and services altogether. User need to have proper backup of the data to mitigate any contingencies arising out of such situation.

e. The use of the site is also subject to policies on terms of use of intellectual property rights. These policies shall be subject to change and shall become effective on posting of such changes on the site.

f. Wherever Healthcoco provides translation of Terms of Use, such translation shall be for user convenience only. In case of interpretation English language version shall have precedence.

g. The use of the site is subject to privacy policy available at www.Healthcoco.com

h. The “Terms of Use”, Healthcoco Privacy policy and additional agreements jointly govern the use of The “Site” (The terms of use and privacy policy and additional agreements collectively constitute this agreement).

5. User’s Use of the Site

a. User shall not use any manual or automatic method, process, device, computer programming or any other method for accessing, copying, or controlling the site or any other device or content. User shall not approach or navigate the site or its content with intent to circumvent the normal access method provided for such purposes for acquiring any information, data, documents and other materials which have not been made available otherwise.

b. Users shall also not attempt to have any unauthorized access to systems, servers, networks, software and other hardware devises of the site or other services offered by the Healthcoco/site by any illegal means including hacking, password mining and other means. User shall neither try to extract, obtain, seek, trace information relating to other users, visitors, customers, or the accounts not owned by the users nor commit any breach of security of authentication method. User shall also not tinker the site or associated networks nor shall scan, probe or test the vulnerability of the site. User shall not exploit the site with a view to seek personal identification and other information other than own information as provided at the site.

c. User shall not act in any manner which brings or imposes undue, unreasonable or big load on the site, network and infrastructure of the site or networks connected to the site.

d. User shall not interfere or attempt to interfere normal functioning of the site, transaction of the site or use of the site by other person by any method, device and software or otherwise.

e. User shall not impersonate any other person, organization or entity nor shall pretend that user is or represent someone else. User shall not forge or manipulate the headers with a view disguise the origin of any message being sent or services being offered to or through the site. f. User shall neither use the site or any content for any unlawful purpose or any activity as prohibited by terms of use nor solicit the performance of any illegal activity or other activity which infringes the rights of Healthcoco or others. Healthcoco may review the content to ascertain the legality and conformity with its policies, In case if Healthcoco believes that the contents violates the law or Healthcoco policy it may remove or refuse to display the content. However it does not mean that Healthcoco necessarily reviews content and users should not assume that Healthcoco does so.

g. User shall not use Web scrap, Data Extraction, Screen Scrap, Web harvesting, page scrap, Robot, Spiders, Crawlers, wanderer, Web Scutter, frame, ant, web crawlers, automatic indexer, deep link, bot, or any other method, programme, software programme, engine, agent, tool, mechanism or any device for accessing, monitoring, acquiring, copying, duplicating, mirroring the site, content, or any part of the site. User shall not access the site, service, programme and or content with a view to ascertain and monitor the performance availability, working or also for any competitive or benchmarking intention or purpose nor shall try to reverse engineer, decompile, decipher, disassemble, violate integrity or security of the site, any part or content of the site.

h. Healthcoco provides some of services on the mobile devices. User should not use such services in a way that affects safety and traffic laws.

6. User Account: Identity, Password and Security

a. When offer of any product or service requires Healthcoco ID and Password for opening user account in that case it is User’s responsibility to maintain the confidentiality of the information User hold for such account including the password. If User fails to maintain confidentiality and security and if any activity occurs in User account then User shall be entirely responsible for such activity.

b. User agrees not to use Healthcoco ID, Password or account of anyone else at any time. Failure to observe these obligations resulting in to any damages or losses shall be at User cost and Healthcoco shall not be liable for the same.

c. If there is any breach of security or unauthorized use of User password or account User shall immediately notify the same to Healthcoco. Due to failure of User keeping User account information confidential and secure or someone else using User Healthcoco ID and Password if any losses are suffered by Healthcoco or any other visitor or user of the site in that case User shall be held liable for such losses and shall indemnify Healthcoco for any loss, damages, etc.

d. User shall be responsible for any activity that occur in their account and shall try not to use Healthcoco password on other third party applications.

7. Privacy

Use of the site is subject to Healthcoco Privacy Policy. User confirm that User have read, understood and agreed to the policy. Disclosure or transfer of information relating to User to government authorities or other third parties shall be made when it is reasonably necessary. Such disclosure may be required as per law of the land and or in term of Healthcoco terms of use and Privacy policy and also for protecting rights, reputation and property of Healthcoco, its other user, affiliate and public at large. Users hereby agree for such disclosure or transfer by Healthcoco, its employees, agents and other operating on its behalf in accordance with privacy policy. By use of the site User agrees that transmission of any information or data on internet is never completely secure and private and the same may be read or intercepted by others despite such transmission may be encrypted. Healthcoco shall have right to remove or disable access to any content if required under any legal provision and or upon notification by the appropriate government department or agency.

8. Third Party Content and Links to the Healthcoco Site and to Other Sites

The site may have some of the content which is made available through third parties. The site may have also links to other independent third party, business partner and affiliates websites/sites. This arrangement is with a view to provide comfort to our users and visitors. Such information, content and links are not under Healthcoco’s control and are not endorsed by Healthcoco. Healthcoco is also not responsible for such content and or links. Healthcoco makes no representation, endorsements, warranties or other commitments in relation to third party sites and resources, advertising, products and other materials available from such site or any non-Healthcoco website accessed or referenced or linked to any Healthcoco site. Healthcoco is not responsible to or is not in any way party to or is responsible for any transaction user may enter with third party even if user learned about such third party from Healthcoco site.

User may access any website which is non-Healthcoco website though it may contain or display Healthcoco logo; user understands and agrees that such websites are not under the control of Healthcoco and are independent from Healthcoco. Visitors and users need to have their own opinion or Judgment in relation to interaction or use of such content or sites. User is required to protect itself and its information from worms, destructive programmes, viruses and Trojan horses.

9. Linking to this site

Linking of other websites is subject to following conditions.

a. That such link and the pages activated by the link shall not (a) create frames around any page on the site or use or change the visual appearance or presentation of any content of the site by using any other technique; (b) falsely Indicates that Healthcoco approves or endorses such site, its product and or services; (c) falsely indicates any relationship with Healthcoco and or makes any misleading impression about Healthcoco; (d) damage the goodwill of Healthcoco logo, trademark, name and or other indicative marks.

b. On linking any site to this site such site agree that Healthcoco at any time at its sole discretion terminate the permission to link to this site. In such eventuality such site agrees that they shall immediately remove all links to this site and cease to have use of any Healthcoco logo, trademark, name and or other indicative marks.

10. Modification of Terms of Use

a. Healthcoco at its sole discretion may, without notice to the user may at any time revise, improve, change, add or remove portions of the Terms of Use and any other information contained/posted on the site.

b. It is the responsibility of the user to regularly check the site. Continue use of the site by user of the site after the change of Terms of Use shall mean that the users have accepted and agree for changes. c. User agrees that Healthcoco shall not be liable to user or any other third party for discontinuation or suspension of the site and services in totality or in parts.

11. Healthcoco Site and Services

On acceptances of the Terms of Use, Healthcoco grants a personal, non-assignable, non-exclusive, non-transferable limited privilege to enter and use the site and services, intellectual property rights remain intact. User shall not grant sub-license or transfer right to use the site and services in part or in totality. User shall not copy, sell, duplicate, trade, reproduce, resell, distribute, modify or lease any part of the site, service and software nor decompile, extract or reverse engineer the source code of the software. The user shall not commercially exploit the site and shall use for personal and /or professional purpose, depending upon nature of user and as permitted by Healthcoco. The user shall not use the site for any illegal purpose. Any other use of the site is strictly prohibited.

12. Limitation of Liability

a. 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 saving, 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 its 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, users 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.

b. 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”.

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

d. In no event the total liability of the providers under any circumstances shall exceed Rupees 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.

13. Indemnity & Release

a. User agrees to Indemnify and hold harmless and release Healthcoco, 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 from any claim, demands, liability, loss, damages (actual and or consequential), actions, suit, Judgment, proceedings or expenses (including legal fees and cost) made against them by any third party and arising out of or due to user’s use of the site, content, services, product or violation of “Term of Use”, privacy policy and the additional terms or infringement of intellectual property or other rights of any person or entity by the user or any other third party using users credential or account. User indemnifies Healthcoco against user’s violation of any law, rules and regulations, rights of third party or entities. In no event Healthcoco, its employees, officers, representatives, affiliates and or retailers or vendors shall be held liable on account of non delivery, late delivery of products, services due to any force majeure event or due to user’s failure to provide legal and valid prescription.

b. User hereby also releases Healthcoco and vendors from any cost, damage, liability or other consequence of any of their acts, errors or omissions, whether on behalf of itself or third parites and also waive any claims or demands that user may have in this behalf under any statute, contract or otherwise.

14. Disclaimer and Exclusion of Warranties

a. Healthcoco, it’s service providers, it’s licensors and or other third parties provides the site, services, products, the content, on "AS IS", "AS AVAILABLE" and with "WITH ALL FAULTS" basis. There is no warranty or guarantee, express or implied, or statutory, of fitness for particular purpose, need, accuracy, effectiveness, reliability and availability for the purpose for it is accessed or used, merchantability, without any limitation. The Healthcoco does not guarantee or promise that the site, services, content, products etc. will be free from errors, defects, bug, computer virus and services and product will be available without any interruption or no loss of data will occur or defect in operation or functionality of the site and services will be corrected. Healthcoco does not guarantee or promise about timeliness, completeness, reliability or accuracy, non-infringement of services, products, content, site etc. The user shall wholly be responsible for the use of the services, products, site, content, and any other linked sites. The above disclaimer shall be applicable to any injury, all liabilities, direct or indirect damages caused by any failure of performance, interruption, defect, error, omission, recommendations, suggestions, opinion, deletion, delay in transmission or operation, theft, computer virus, failure of communication, destruction, unauthorised access, alteration or use, modification, change, suspension, termination or interruption of operation or access to the site, whether for negligence, breach of contract, tort or any other cause of action. User shall ascertain correctness, accuracy and completeness of data and information before arriving at any conclusion in relation to any services, products, content, site and other matters. Healthcoco does not guarantee completeness or accuracy of any information or content provided by users on the site.

b. Healthcoco may at any time without notice do certain acts in relation to the site or any part of the site and or policies or terms applicable to the site for any reason viz. Modify, change, suspend, terminate, interrupt the operations, terminate or suspend the operations or access to the site.

c. Healthcoco does not have fiduciary duty or special relationship with the user. User acknowledges that Healthcoco has no control over and or have no duty to take action relating to certain acts of user and other user not limited to viz access to the site, content of the site, effect of services or content on user and or other users, interpretation and or use of the content, action taken by user and or other users due to exposure to the site.

d. Healthcoco is released from all liabilities for user having acquired or not acquired the content of the site and or user’s use of the services including any opinion, advice or suggestion provided or expressed by the Healthcoco or healthcare provider or any user or services provided by any user or reliance upon the site and services.

e. Healthcoco makes no warranties or representation regarding recommendations or suggestions of services or products purchase or offered through the site and or services.

f. User may download any material or content from the site and services at their own risk and discretion and they alone shall be solely responsible for damage to any computer system or loss of data resulting from such download.

g. Healthcoco disclaims any or all liability for the acts, omissions and conduct of third parties in relation to user’s use of the site and services.

15. Violation of Terms of Use

a. User agrees that Healthcoco may, in its sole discretion without prejudice and without prior notice, suspend and or terminate User access to the site and services and or block User future access to the site and services for any cause which includes but not limited to (1) User violation of the Terms of Use and or additional agreements, Privacy policy, guidelines relating to use of site, (Including intention or inability to comply), applicable laws (2) request/order of any government department and or law enforcement agencies (Including when provision of service to user becomes unlawful), (3) due to any technical problem or matter, (4) User request for deletion of the account, (5) major modification or discontinuation of the site and or services offered on or through the site (including third party providing service to user terminating its agreement with Healthcoco, Healthcoco no more providing services in user jurisdiction, commercial non viability of the service etc.), (6) User engaging in any abusive, fraudulent or illegal activity or providing any information to the site which Healthcoco is unable to authenticate, (7) Users use of site and services resulting in to violation of third party rights or causing any kind of liability to user, other users and Healthcoco, (8) User causing injury or interference with (intentionally or unintentionally) rights of Healthcoco, its employees, users of, or visitors to, the site or its property and the public. (9) If Healthcoco is investigating any suspected, misconduct by the user, (10) If Healthcoco believes that users use of the site and services may cause legal liability for Healthcoco and or other users or it may affect adversely the site and services provided by the Healthcoco. (11) If Healthcoco is unable to confirm or authenticate the information provided by the user.

b. On temporary or permanent suspension or termination of use of the site and or services of the user, user shall not use the site or services under the same account, different account or register afresh under new account. On suspension or termination of access user shall not have any access to the data, files, messages and other information maintained on the site by such user. Users shall have continuous backup of their own record keeping relating to medical services and or own health records in order to provide or avail healthcare services for which Healthcoco shall not be liable or responsible in any way.

c. User agrees that violation of “Terms of Use” is illegal and unfair, also agree that this will have serious monetary and non-monetary implications and user hereby consent that Healthcoco may opt for any equitable or injective relief over and above monetary damages and other legal remedies as it may be deem fit. Healthcoco may terminate the users access to the site, in such case it shall not be liable to user or any other third party for termination of user’s access to the site and services.

16. Preservation and Disclosure of Communication

User agrees that Healthcoco shall have right to preserve and or share any communication by user with Healthcoco through the site or any of services offered through the site and Healthcoco may disclose such communication, if law so requires or Healthcoco considers that such retention or disclosure is necessary for legal compliance, enforcing the Terms of Use, protecting the rights, safety, property of Healthcoco, its employees, other users of the site and the public at large. Healthcoco provides communication services for contacting healthcare providers and may store such communication details as per privacy policy and may share the details at its discretion with the healthcare providers contacted by user using such communication means.

17. Disclosure of Account Identity

Healthcoco may share or disclose any information including information about user’s identity if Healthcoco considers that such disclosure is required due to any complaint or investigation relating to use of the site by the user or it is necessary to identify, contact and bring legal action against some other person who may intentionally or otherwise may be causing any damage or injury to rights of property of Healthcoco and or its users. Such disclosure may be necessary for legal compliance or for exchange of information with other entities for protection from the fraud.

If user violates any Terms of Use and Healthcoco takes legal actions then user shall pay and Healthcoco shall be entitled to recover cost of such legal action including advocate fees, Over and above other reliefs which Healthcoco may be granted under the law. Healthcoco shall have no liability towards users or any other third party if due to violation of the terms of use; user’s access to the site is terminated.

18. Operation and Prohibition

Healthcoco operates the site www.Healthcoco.com from its location in Nagpur, Maharashtra, India. The site is accessible worldwide. The site offers, provide and refers to various features, services or products in all geographic locations. As health subject matter is subject to various regional, state and national laws, hence any offer of any feature, products or service is void where prohibited. If user access the site from outside India user do so at their own initiative and they are solely responsible for complying with local laws. Healthcoco, at its sole discretion, reserve the right to limit the access or use of any service, product or feature to any person or geographical area.

19. No Relations of Healthcare Provider and Patient

a. User hereby agrees that any information or content received or obtained from the site and or services provided by Healthcoco, its employees, sponsors, partners, contractors, licensors, advertisers or otherwise are for information purpose only. Provision of such information is neither substitute for professional medical advice, diagnosis, treatment nor it creates licensed medical professional/patient relationship between user and Healthcoco. b. Provision of such information or content is with a view to assist User in locating and accessing appropriate Healthcare provider for medical care and assistance. User agrees that Healthcoco has no control over and cannot guarantee the availability of any healthcare provider at any particular time. c. Healthcoco do not recommend or endorse any specific tests, Healthcare Provider, procedures, opinions, or other information that may appear through the Services. If user rely on any Content provided through the Services, user do so solely at his own risk. d. Healthcoco does not makes any warranty, Guarantee or representation whether expressed or implied with regard to professional qualification, area of specialization, rating, quality of work, appointments, availability of any Healthcare provider at any particular time, or any other information provided on or through the site. If user act on such information or content user does so at his own risk and Healthcoco shall not be liable for any such action. Though, Healthcoco shall try for confirmed appointment from health providers however it shall not be liable for unfulfilled or cancelled appointment, any loss or injury arising out of use of the site or its services whatsoever. e. User agrees that interactions and other matters including health issues among user, other user and healthcare providers are strictly among user and other users and healthcare providers. Healthcoco shall not be responsible for such interactions and issues. Healthcoco does not provide any medical service, advice, diagnosis or treatment. Users search for healthcare provider and subsequent dealings with healthcare providers shall be at their own risk. In no way Healthcoco endorses ability of healthcare provider to solve any health issue of user. Healthcoco shall not be responsible for any deficiency or breach of service by any healthcare provider. Users are advised to take strict precautions before engaging any healthcare provider. f. Without prejudice to the generality of the above, if user uses the services of the site and has appointment with any healthcare provider in such cases Healthcoco shall not be responsible or liable for following eventuality: Cancellation or rescheduling of appointments, non availability of healthcare provider, charges and fees payable, quality of medical service or treatment, prescription and administration of wrong medicine, any inconvenience due to lack of service from the side of healthcare provider or its staff, any medical problem or suffering after the treatment or services provided by the healthcare provider. g. User shall provide feedback within the frame work of law and any feedback or comments of the user in relation to healthcare providers and other users shall be subject to moderation of Healthcoco. Healthcoco may withdraw or modify any comment or feedback of any user and Healthcoco reserves the right to act as per its own policy and shall not be bound by any comment, feedback or suggestion of any user for delisting of any healthcare provider. Users are advised to make necessary investigation before using services of any Healthcare provider and corroborate the information and content from other sources.

20. No Emergency Services

IT IS UNDERSTOOD BY THE USER THAT HEALTHCOCO DOES NOT PROVIDE EMERGENCY MEDICAL SERVICES. THE SERVICES OFFERED BY HEALTHCOCO ARE NOT INTENDED TO BE SUBSTITUTE OF EMERGENCY MEDICAL CARE.

21. Controlled Use of The Site and Service

User agree that Healthcoco and its licensors own all title, interest and legal right in the site and services including intellectual property rights, these rights may exists at any place of the world and may be registered or otherwise.

User shall not use the Site and Services in a way which affects its operation, enjoyment or use, or uses in the manner which is harmful, injurious unlawful, infringing, or tortuous in any way that violates intellectual property, privacy or other rights of Healthcoco or its users and /or other third parties. If the use of site and services by the user results in to violation of third party rights in such case user absolve Healthcoco from and indemnify it against all claims arising from such violations.

Without prejudice to above, user agrees that he shall not do or allow any third party:-

a. To translate, copy, modify, adapt, , or reverse engineer any Content or any part of the Site ;

b. To use or remove any trade name, trademark, service mark, domain name, logo, other distinctive brand feature, copy right or other proprietary rights notices and or legal notice contained in or on the Site/Content; unless expressly permitted by written agreement and in such case user shall follow written terms and conditions and also abide by terms of use and privacy policy and use such marks in such a way that it shall not create any confusion who are the owners or authorized users of such marks.

c. To retrieve, or access any Content or part of the Site for creating or populating a searchable database of Contents concerning to the healthcare providers, industry or reviews;

d. To restructure or frame any Content or part of the site ;

e. To deliberately or fraudulently misuse the site, including booking appointments/consultation with a Healthcare Provider which user does not intend to keep and pay.

f. To create accounts of users, book appointments or submit post Information by automated means or under wrongful and false pretenses;

g. To store or collect personal information about other users in connection with the unlawful and illegal activities;

22. User Participation and Restrictions

a. In view of Terms of Use, user may submit enquiries, feedback & may participate & interact with features of the Site. While contributing feedback, the user shall give honest & clear information about the Healthcare Provider and user experiences, by using healthy language without disclosing personal identity. User shall provide relevant information so that Healthcoco can provide helpful response.

b. Healthcoco may publish or remove feedback or other information posted by user for any reason. It is understood by the user that the Healthcoco IS not answerable for any delay or failure of posting or removing Information. The posted Information is simply opinion and should not be relied on.

Without limiting the generality of above: a. User shall be responsible for any Posted Information that user publish, display or submit on the Site or communicate to other users of the Site.

b. Before posting User shall ensure that the information does not violate any rights including intellectual property rights and privacy of other person & has prior approval of the owner.

c. User shall not provide any information which is unlawful or promotes illegal activities or which falsely pretends to be of Healthcoco.

d. User agrees that Healthcoco may delete or review any Information that violates the “Terms of Use”, is illegal or offensive or may violate or threaten the safety of other users of the site.

e. User agrees that user will only provide Posted Information that user believe to be true.

f. user shall Post Information which he believe to be true and is not misleading, false, deceptive, defamatory, libelous, obscene, abusive, threatening, sexually explicit in nature, pornographic or causing harassment to other users or which violates intellectual property rights of others or violates antitrust, competition, or consumer protection laws.

23. Relationship Between User and Healthcare Provider

a. User uses the Site and the Services to locate, schedule appointments and to consult Healthcare Providers, The user understand that he is ultimately responsible for choosing his own healthcare provider.

b. Healthcoco may exclude Healthcare Providers who in Healthcoco’s discretion, have engaged in professional misconduct, unethical and illegal activities.

c. User may book appointments with any Healthcare Provider who is registered or listed on the site and services. The listing of healthcare provider on site is free. However, registered healthcare Provider, who uses additional services of the site, is subject to payment of subscription amount. Healthcoco provides user with list of Healthcare Providers based on certain parameters including insurance information, geographical location, and healthcare specialty, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by user or by other Healthcoco users, and past experience of Healthcoco users.

d. Listing on site should not be understood as recommendation, endorsement, or warranty or representation by the Healthcoco, in relation to Healthcare Provider or quality of services provided by such healthcare provided. No fees are charged by Healthcoco for their rating except for Sponsored listing. In case of employee of any organization, Healthcoco may provide lists and/or profile previews based criteria determined by User’s employer and User employer’s agents or advisors.

e. Healthcoco may show sponsored results on the Site, Healthcare Providers pay fees for Sponsored Results; Results should not be treated as recommendations of or endorsement by the Healthcoco.

24. User Responsibilities

a. The Services provided by the Healthcoco are free of charge, however, these services are subject to usual, customary and any other fees, charges for any medical or related services rendered by Healthcare Providers and will be entirely User responsibility. User must resolve any dispute between users or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider. It is clearly understood by the user that in case of taxes or cess imposed by Government or local body on these services shall be borne and paid by the user and not by the Healthcoco or health care provider.

b. User is responsible for use of the site and services and for use of his password, including use by others to whom user has disclosed his password. Use of the site by the user is only for lawful & non-commercial purposes. However, the healthcare provider shall use the site and services only for professional purpose.

c. User shall not use or allow any other person to use the Site in any manner which is prejudicial to the interest of the Healthcoco. The use shall not use the site and & services in any way which affect the normal working of the HEALTHCOO or servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. User may not attempt to get unauthorized access to any of the Services, or computer systems or networks, user accounts etc, through illegal and unwarranted ways, unfair practice, including mining password or hacking.

d. Responsibilities of Healthcare Providers and Others in the Healthcare or Medical profession. Healthcare providers including any entity, who is providing or intend to provide appointments and or consultation on the site to the user, admit and accept that:

i. User as a patient or as a healthcare provider, shall not use the site and services to access or view or otherwise use in any manner, to verify price, availability, or other information for any purpose other than his own personal use.

ii. Healthcare provider will not use the site and services in any way to enter or attempt to enter or enforce any agreement to create cartel for the purpose of prices charged for any service or product, quantum or amounts of any services or product offered; or the user or type of user for any service or product, or otherwise involve or attempt to involve in any fees/charges fixation, quantum of services/product to be provided, or user or territorial allocation.

iii. Health care provider shall not in any way use the site and Services, to involve in any fraudulent or unfair practice, or offences under anti-competitive laws, or which infringes consumer protection laws, antitrust or competition law or regulations framed there under.

25. Terms of Use Applicable To Users Other Than Healthcare Providers

a. Provision of “personal information” and “sensitive information or personal data” of users shall be subject to provisions under Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules (“SPDI”) and privacy policy of Healthcoco.

b. Healthcoco does not guarantee and shall not be responsible for the authenticity of personal information or sensitive information or other information provided by the user to the Healthcoco or any other person acting on behalf of Healthcoco. If any user provides inaccurate, incomplete or untrue data or information or Healthcoco has reasonable apprehension that such data or information is not accurate, complete or true in such case Healthcoco at its sole discretion may discontinue services to such user.

c. Healthcoco shall use personal email address, phone numbers and other personal communication means for providing improved appointment services and for obtaining feedback relating to Healthcare providers and other matters.

d. Healthcoco may collect information relating to devices through which user access the site and anonymous data of usage. Healthcoco may use information provided by the user for debugging customer support related services and or issues.

e. Healthcoco may provide communication facility (Voice/Video) for appointment and booking purpose in such case such facility should be used only for the purpose for which it has been provided and in no case it shall be use for consultation on health related issues or any other communication. If such facility is specifically provided for consultation purposes then it should be used for Health consultation only. Such calls may be recorded in Healthcoco servers and use of such call and information provided during communication shall be subject to privacy policy. Healthcoco accept no liability if such facility is used otherwise.

f. User may avail the services, programme and or products made available on the site by registering as a user. The user shall provide email address and mobile number for registration for self use for creating ID (Self Identity) and password. The registered user may avail the services, programme and or products for other users, through such ID, who are dependent on the registered user on account of registered user being parent or guardian or near relative of such other users. Use of the site for such other user by the registered user is subject to other terms and conditions as mentioned in the terms of use and privacy policy.

g. Healthcoco may provide the facility of opening of individual health account on the site for registered user and other users dependent on such user. Opening and operation of such health accounts is subject to following terms and conditions over and above the privacy policy and other conditions of the Terms of Use.

h. While opening the individual health account user must provide certain personal basic information. The user may provide information either voluntarily or as required by Healthcoco. Healthcoco privacy policy provides the details about the maintenance, sharing and use of personal information which includes but is not limited to the user’s name, address, mobile number, contact information, medical history, insurance details, present need, information relating to billing, registration numbers and other information of user with such registration authorities. Use and sharing of such information by Healthcoco’s shall be as per our privacy policy. Users are requested to read the privacy policy and only after that use the site and its services, programmes and or products, as use of the site confirms that user has agreed to the privacy policy.

i. The information in user’s personal health account shall be practice generated i.e. the information generated while user interacts with the healthcare providers who are using the site and its services. User may also upload the information in his account. Healthcoco does not validate such information and Provide the same as “as provided” basis. If user wishes any modification, amendment, deletion or addition to such practice generated information then user should contact the healthcare provider, in other cases user may contact at [email protected]

j. The information provided by the user in individual health account on his/her account or on account of other third parties (Dependents) who have authorized the user to provide such information shall be provided to the original healthcare provider who has entered such information on behalf of the user, sharing of such information with other Healthcare providers shall be only at the request of the user. User shall ensure that such information entered by healthcare provider at the time of appointment is accurate.

k. Healthcoco strives to provide such information to the user and the Healthcare providers on best efforts basis to ensure to the best availability of service. However Healthcoco shall not be liable for any kind of disturbance or interruptions while such information is being accessed by the user and or the healthcare providers.

l. User can activate the prescription (health record) notification and reminder facility after downloading the Healthcoco app. This facility is supplementary to prescription (health record) provided by the Healthcare provider. Healthcoco shall not be liable for non-delivery, late delivery or incorrect delivery of prescription (health record). Users should refer to the prescription provided by the Healthcare provider before taking any medicine or adopting any procedure for taking medicine.

m. Healthcoco shall communicate with users for providing services through email, mobile or other communication means. Users shall keep their contact information viz. mobile number, address, email address updated on the site. Healthcoco shall not be responsible to the user on account of non updating of the contact information. Healthcoco takes reasonable care to secure individual health account. However due to loss of login ID or password by the user or any other reason if someone accesses the individual health account, Healthcoco shall not be responsible for any damage or loss arising out of such situation. User shall safeguard their login ID and password and user shall report any suspected or actual breach of individual health account to [email protected]

n. Healthcoco lists and or provide profile and information relating to practice of healthcare providers on its site to users. Listing and ranking of healthcare provider is based on Geographical location, healthcare specialty, user comments and feedbacks and other technical parameters. Considering all this factors Healthcoco has developed its own proprietary ranking methodology and based on this ranking and listing of healthcare provider is done. The ranking methodology being proprietary technology cannot be disclosed. The ranking and listing of healthcare provider does not in any case amounts to recommendation, endorsement of healthcare providers nor it make any representation or warrantee of healthcare provider and or quality of service being provided by healthcare providers. The listing of healthcare providers is provided without any additional fees from healthcare providers except sponsored results. Sponsored results do not indicate any endorsement or recommendation by Healthcoco. Ranking of Healthcare providers is subject to change depending upon various parameters and Healthcoco shall not be liable or responsible for such changes. Healthcoco shall not be responsible for correctness, accuracy and or relevance of listing of healthcare providers on its site.

o. Healthcoco provides information relating to qualification, area of specialization, location, fees, visiting hours and other details of listed Healthcoco healthcare providers. Healthcoco collect this information from healthcare providers and other sources and make its own due diligence and keeps on updating such information from time to time. However Healthcoco shall not be liable for any accuracy and or correctness of such information.

p. If Healthcoco is of opinion that any user has provided incorrect, incomplete, fraudulent information and or feedback, or misrepresented then in such cases Healthcoco reserves the right to block access of the user to its site or users account and make such announcement on its site to protect interest of other users and Healthcoco. User hereby indemnifies Healthcoco for any loss incurred, or adverse effect suffered by Healthcoco or its users due to such incorrect, incomplete, fraudulent information and or feedback or user’s misrepresentation.

q. User agree not to host, display, upload, modify, publish, transmit, update or share any information that

i. belongs to another person and to which the user does not have any right to

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

iii. harm minors in any way;

iv. infringes any patent, trademark, copyright or other proprietary rights; v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vii. impersonate another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; ix. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

r. User agree that in case of non-compliance with rules and regulations, user agreement and/or privacy policy for access or usage of Healthcoco computer resource, the Healthcoco has the right to immediately terminate the access or usage rights of the users to the computer resource of Healthcoco and remove non-compliant information.

s. The content published on the site may be created by Healthcoco, healthcare provider, users and other users. The content is regulated as per rules under Information Technology Act 2000. The content is subject to review and feedback collection policy of Healthcoco.

26. Terms of Use Applicable To Healthcare Providers

a. Listing policy for Healthcare providers

i. Healthcoco publishes the profile of healthcare providers on the site based on information collected from public domain and or information provided by the Healthcare provider. Object of publication of such information is to felicitate interaction among various users. If there is any error of any omission or commission the concerned healthcare provider may approach Healthcoco for necessary rectification. Healthcoco reserves the right to amend or delete any profile of healthcare provider at its own discretion or at the request of the concerned healthcare provider. However Healthcoco shall not be under obligation to amend or delete such profile as far as the information about such healthcare provider is available in public domain.

ii. Healthcoco ranks healthcare providers on its site and in no way shall be responsible or liable for any ranking on other sites or search engines. Healthcoco may make disclosure or publication of information related to healthcare providers on its site where such disclosure is due to express or implied consent of such user, if such user suffer any damage, loss, expense or injury due to such disclosure in such cases Healthcoco shall not be liable or responsible in any manner. If Healthcoco remove or amends such disclosure due to request of the user as per Terms of Use or privacy policy, in such cases also Healthcoco shall not be responsible for any damage, loss, expense or injury suffered by the user. Healthcoco reserves the right to share or publish information of the user with the third party.

b. Healthcoco may provide communication facility (Voice/Video) for appointment and booking purpose in such case such facility should be used only for the purpose for which it has been provided and in no case it shall be use for consultation on health related issues or any other communication. If such facility is specifically provided for consultation purposes then it should be used for Health consultation only. Such calls may be recorded in Healthcoco servers and use of such call and information provided during communication shall be subject to privacy policy. Healthcoco accept no liability if such facility is used otherwise.

c. Healthcoco shall not be liable for addition of any non-existent, inaccurate, inactive or fraudulent profiles on the site. Healthcare providers hereby represent and undertake that they will use the service as per applicable law, any contravention shall be at the cost of such user and all liabilities in such cases shall be of such user only and Healthcoco shall not be liable for the same. In the course of the use of site or services healthcare providers may make certain suggestions, Healthcoco reserves the right to moderate such suggestions. If Healthcare provider publishes any inappropriate, abusive or promotional content on the site in such cases Healthcoco reserves the right to remove such content.

d. Healthcoco provides facility to healthcare providers for updating their profile on the site. Healthcare providers hereby represent and undertake that they are legally entitled to update and upload such content and this shall not breach any third party right including Intellectual Property Rights. In case of violation, Healthcoco at its discretion may modify or delete such content with or without notice to user. Healthcoco reserves the right of ownership of profile and content relating to such profiles of healthcare providers. Healthcare provider may make request for changes or updates of the profile, Healthcoco shall have right to accept or reject such request and the decision of Healthcoco in such cases shall be final.

e. Healthcare provider agree not to host, display, upload, modify, publish, transmit, update or share any information that

i. belongs to another person and to which the user does not have any right to

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

iii. harm minors in any way;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; vii. impersonate another person;

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

ix. Threatens the unity, integrity, defense, security or sovereignty of India,friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

f. Healthcare provider agree that in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of Healthcoco computer resource, the Healthcoco has the right to immediately terminate the access or usage lights of the users to the computer resource of Healthcoco and remove non-compliant information.

g. The content published on the site may be created by Healthcoco, healthcare provider, users and/or other users. The contents are regulated as per Information Technology Act 2000 and rules framed thereunder. Role of Healthcoco in relation to Content created by the user and healthcare providers and published on the site in relation to medical record of users, is that of an intermediary under the information Technology Act, 2000. The contents are subject to review and feedback collection policy of Healthcoco.

h. Healthcoco shall have right to collect the content of and from all healthcare providers listed on the site. It shall have right but no obligation to undertake any pre-screening, filtering, flagging, review, modification, removal, refusal of the content published on the site.

i. Healthcare provider may be exposed to any negative, objectionable or offensive content during the use of the site and services and it may affect the practice of the healthcare provider. Healthcoco shall not be liable for such content and its impact on healthcare provider in any way. However Healthcoco may take necessary actions as required under law for legal compliance. Healthcare provider uses the services at its own risk. Removal or amendment of such negative content shall be as per applicable law.

j. If Healthcare provider provides any incorrect, inaccurate information and has engaged in providing fraudulent or wrong review or feedback, in such case Healthcoco reserve the right to suspend the account of such healthcare provider and make such declaration besides the listing of such healthcare provider on the site. Such Healthcare provider shall indemnify the Healthcoco and other users against losses arising out of such misrepresentation.

k. Healthcoco provides listing and ranking to all healthcare providers based on certain technical parameter and policy of Healthcoco. The policy is based on parameters promoting merit and quality services to end users and cannot be tailored to suit individual need of any healthcare provider. Healthcoco shall not be liable and responsible if such ranking and listing has impact of any type on healthcare provider or the business of such healthcare provider.

l. Healthcoco provides multiple services and the rights and obligation of Healthcare provider shall depend upon use of the type of services used by healthcare provider.

m. Healthcoco reserve the right to show sponsored listing of healthcare provider as per its policy. However Healthcoco shall not be responsible for accuracy and correctness of any claim made by such sponsored healthcare provider. Neither Sponsored listing carries any endorsement from Healthcoco nor are users suggested to visit sponsored listing for availing any kind of services. Users need to make their own decision before availing services from sponsored healthcare providers. Healthcoco shall not be liable for services provided by such sponsored healthcare provider.

n. Healthcare provider hereby confirm that they are qualified and have valid registration and license to practice in their field of Healthcare in the territorial jurisdiction in which they are practicing at the time of providing services on the site, and also confirm that they have provided authentic and correct and complete information relating to their qualification and other credentials to Healthcoco.

o. Healthcare provider agree that they shall abide by regulation of medical council and other regulatory bodies including norm related to professional conduct and ethics and keep their license renewed and current all the times and notify Healthcoco about currency of their license at the time of renewal.

p. Healthcare providers are bound by the Terms of Use, privacy policy and other agreements including software license and service agreements. Healthcare providers shall use healthy language and not engage in objectionable, abusive, defamatory, obscene, objectionable and negative language while dealing with users on the site, further they shall not use the site and services for any unlawful and/or unauthorized purpose and at no time they shall impersonate another person.

q. Healthcoco charges subscription fees for use of some of the services and hereby reserves its right to revise such fees at any time at its discretion, Healthcare provider’s continuation of use of the site and services shall constitute their consent to such revision.

r. Healthcare provider hereby agrees that they shall hold entire information and data which they acquire in the course of providing the services on the site strictly confidential and shall not part with such information except with the consent of the user and as per procedure laid down by Healthcoco, further services shall be provided to the best of their skills, efforts, and ability and at no time they will transfer the performance of services to any other person whether under their supervision or otherwise. Healthcare provider hereby indemnifies the Healthcoco against any loss or claim which may arise due to non performance, non observance, and improper performance of its obligations and or default, breach, contravention, violation of the Terms of Use, privacy policy or other agreements.

s. Healthcare provider hereby assigns all intellectual property rights arising out of uploading any content by them on the site to Healthcoco in perpetuity.

t. Healthcoco provides communication to healthcare provider based on data provided by the user and Healthcoco does not undertake responsibility for correctness of such data or information and or any consequences out of such incomplete or incorrect information. Healthcare provider hereby undertakes to use communication facility provided by Healthcoco in the matters relating to medical services provided on or though the site for contacting the user only.

u. The site may provide the facility for uploading the content by health providers and users and other users and for further comments on such content. The views and opinions of such content are that of content providers and do not reflect the views of Healthcoco. Healthcoco reserves the right to amend or delete such comments at its own discretion. The healthcare providers hereby indemnify Healthcoco against all damages or losses arising out of posting such content. Healthcare provided shall not disrupt the site or services, engage in unsolicited communications or post intentionally incorrect, inaccurate, false, incomplete information or content on the site.

27. Review & Feedback Collection, Moderation and Fraud Detection Policy

a. Healthcoco collects reviews and feedback on appointments booked through Healthcoco site. Nature of feedback includes overall appointment experience, waiting time and whether the user shall recommend the healthcare provider to another user. User shall give only single feedback of an appointment.

b. Healthcoco moderates reviews and feedback with a view to provide authentic and value added feedback to other users and health providers. Any feedback or review which is not meaningful or which amount to abuse, spamming, advertisement is not entertained. Healthcoco moderation team using various techniques including automation tools screens the feedback and review on the basis of Healthcoco feedback standards. Moderation team may publish, decline to publish or investigate the feedback before taking any final decision in relation to publication of the review or feedback.

c. Healthcoco most of the time publishes feedback whether it is positive or negative and we do not change the content subject to Healthcoco guidelines. The publication is done in reasonable time however feedback under investigation may take longer time before decision is taken for publication.

d. Healthcoco ensures that the system of feedback or review is not misused for personal benefit. Any action of Healthcare provider shall amount to fraud as per our norms if healthcare provider publishes feedback on their own practice, submits feedback on behalf of users, ask user or Healthcoco to remove negative feedback, post positive feedback through friends and relatives, offers incentives for positive feedback, attempts to discredit the practice of another healthcare provider by submitting negative feedback, engage in another agency for manipulating feedbacks, any user impersonating another user, influencing user in any way for feedback. Healthcoco shall use various methods to detect the fraud to ensure that feedbacks are authentic and integrity of system is maintained.

e. On concluding any feedback being fraud, Healthcoco shall take necessary steps including but not limited to drop in the listing of healthcare provider, putting necessary remark against the listing of healthcare provider. Fraudulent feedback and review shall also have legal consequences.

28. Contact Information

If users have any question, issue, complaint, regarding any of our services, please contact our Grievance officer at [email protected]

29. Changes To These Terms of Use

Healthcoco may change The Terms of Use and the other documents consisting of the Agreement at any time, as it may be deemed fit and appropriate. Such change shall be effective and binding immediately after posting. Users use of the Site, Services, products, features and /or programs following such posting shall constitute his/her acceptance of such changed terms, users shall be bound by such amended Terms of Use or other applicable Agreement document. IF USER CHOOSES NOT TO ACCEPT THE TERMS OF USE AND MODIFICATIONS MADE HERETO, THEN USER MUST STOP USING The Site, Services, products, features and /or programs.

30. Right To Assign

Healthcoco has right to Assign this contract at any time and without any limitation to any holding, subsidiary or any other associated or affiliated company or in the process of sale, merger or transfer of part or whole of our company to any other company or entity. However user shall not assign sublicense or transfer this contract or agreement to anyone else. If user does so then it shall be null and void and not binding on Healthcoco.

31. Eligibility To Use

a. To enter in to agreement of use or use the site and services the age of the user should not be less than 18 years , or the legal age to form a legally binding contract in user’s jurisdiction if that age is greater than 18 years of age, to register with Healthcoco or use the Site and the Services. User may use the Site on behalf of his parents and other dependents of user if they are unable to use the site on their own and have consented and agreed that user is authorized to use the site on their behalf.

b. User may use the site being parent or guardian of a minor; they may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, user represents and warrants that user is the parent or legal guardian of such child.

c. The term “User” used in the Terms of Use shall mean to such child or such other individual for whom user have authority to enter into the Terms of Use on their behalf, and user in his capacity as the parent or legal guardian of such minor or as the authorized party of such individual. If user does not qualify under these terms, he shall not use the Site or Services.

d. If for any reason the Membership of any user is void due to applicable laws in that particular jurisdiction. The right to access and use the site is automatically cancelled for such jurisdiction. If user uses the site or services, he represents that the user is not prohibited by any law of the land to use the site and services and have full legal capacity to execute the terms of use and abide by all laws in force in that jurisdiction. The Site is administered and controlled from India and in case of use outside India the user is responsible for complying with all local laws applicable to the use of the Services or the Site.

32. Feedback and Information

a. User may share any information and or material with Healthcoco or Healthcare provider. The information may be in the form of feedback, reviews relating to Healthcare providers, other reviews, ratings, ideas, suggestions, concepts, know-how, techniques, changes and other content. User shall be responsible for authenticity and correctness of such content provided and or published on the site. User hereby confirm that such content is not confidential, proprietary or secret and does not violate third party privacy, publicity or intellectual property rights. User further confirm that such content does not violate any legal provisions, rules, regulations and other applicable laws including “SPDI” Rules and Act under Information Technology Act 2000.

b. By providing and sharing such content to Healthcoco user agrees that Healthcoco shall have right to store, submit, host, use, communicate, publicly perform, publish, republish, develop, distribute, copy, reproduce, upload, transmit modify, post, publicly display, create derivative content (works resulting from adaptations, translation and other changes ), and sublicense such content and such right shall be free of consideration, royalty free, perpetual, binding, non exclusive and global in nature and user hereby irrevocably waive any claim or assertions relating to such content against Healthcoco and its users. Right of Healthcoco continues even if user stops using Healthcoco site and services.

c. The role of Healthcoco with relation to such content shall be that of intermediary under the Information Technology Act 2000 and rules framed there under. Healthcoco shall have right to republished such content on its sites or it’s any other platform without payment of any consideration to the users or owners of the content who have published such content on the site.

d. User hereby agree that Healthcoco may communicate by any means with user with a view to seek feedback in relation to listed health providers, services, products, programmes, and other features of the site and or with a view to seek reply on content provided by user and or resolving any type of complaints.

e. Healthcoco may use user suggestions or feedback without any obligation to user.

33. Concession By Healthcoco

Any concession or acquiescence shown by or failure of Healthcoco to exercise or enforce any of its rights under any provisions of the Terms of Use or any other rights shall neither amount or constitute a waiver of that right. Any interaction between Healthcoco and user or any other third party shall not be deemed to change any provision of these Terms of Use. Interpretation of term of use shall not provide any right or remedies to any third party.

34. No Spam

User agrees not to use contact information provided by other user or Healthcare Providers, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. User shall not allow others to use user’s account to violate the terms of this clause. Healthcoco may immediately terminate user registration or access to the Services and take other legal action if user or anyone using user Credentials violates these provisions.

35. Differences and Disputes Resolution

a. All differences and disputes arising out of “Terms of Use”, Privacy policy, other agreements or use of the site and services and products between/among Healthcoco and user shall be resolved amicably in good faith and promptly (Whether or not such dispute involves a third party). Alternatively disputes may be resolved by arbitration and lastly by other legal remedies. Arbitration shall be conducted in India at Nagpur only before a sole arbitrator appointed by Healthcoco, in accordance with the Arbitration and Conciliation Act, 1996. The award shall be final and binding on the parties to the dispute, both the parties expressly waive trial by jury even if local laws of jurisdiction so provides.

b. Waiver of Class Action and Arbitration

The parties to this Terms of Use agree and accept that:-

i. Neither parity shall participate in any class action or arbitration claim arising out of “Terms of Use”, Privacy Policy and other agreements executed between/amongst the parties (whether or not the dispute involves the third party);

ii. The parties have waived their right to participate as a class representative/member in any class claim, the parties may have against other party/parties,including any right of combination of individual arbitration or class arbitration;

iii. Parties shall not participate in any claim brought in representative or private attorney general capacity or consolidated claim involving another party if any of the party to these “Terms of Use” is a party in the said proceeding. This dispute resolution mechanism will be governed by the Indian Arbitration Act and not by any other law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction at Nagpur only. In spite of legal provisions of relevant and applicable law, the arbitrator will not have authority to award damages, remedies or awards that travels beyond these “Terms of use”. The arbitration shall be held at Nagpur and proceeding will be in English only.

36. Miscellaneous

a. Healthcoco provides access to universal data and may have certain references and cross references to Healthcoco services, products, features, programs which may not be available or announced in User’s local jurisdiction. Such reference does not indicate and Healthcoco intends to make available or announce such services, products, features, programs in User’s local jurisdiction.

b. User acknowledges and agrees all subsidiaries and affiliates where Healthcoco is parent company, such entities shall be entitled to rely upon and enforce any provisions of the terms of use whenever it is beneficial to them.

c. If user is an entity then entity represents that the individual accepting the terms of use and privacy policy on behalf of the entity have authority to represent and act on behalf of entity. Such user further represents that they have legal right to operate in their jurisdiction and persons accessing and or using the site and services are duly authorized to access and use the site and services and legally bind the user.

37. Overriding Effect

a. These “Terms of Use” supersedes all earlier Terms of Use, oral or written agreement or understanding if any entered into with the users and it is the only agreement with the user relating to use of the site, its services, products, features, programs.

b. Healthcoco shall not accept any counter offer to the Terms of Use and all such offers are hereby rejected. If Healthcoco fails to enforce or insist strict enforcement of provisions of the Terms of Use then it shall not indicate or should not be construed that Healthcoco has waived any of the provisions or any right to enforce these Terms of Use nor shall any course of conduct among Healthcoco, users and or other third parties shall deem to modify any provisions of the Terms of Use. The Terms of Use neither confer nor shall it be construed or interpreted to confer any right or remedies to user or any other third party.

38. Signatures

User’s access, registration and /or use of the Site, Services, products, features and /or programs constitutes User’s electronic signature to these Terms of Use, which includes our Privacy Policy and Additional Terms, and thereby User has entered into agreements with Healthcoco electronically.

39. Insurance Content

Healthcoco may seek insurance related information from the user. User shall provide up to date and accurate insurance information including insurance coverage, benefits etc. either himself or through insurance provider or other channels. Healthcoco shall not be responsible in any way for incomplete, outdated or inaccurate insurance related contents, irrespective of any reason.

40. Registration

a. User shall register on the site by providing name, email address and mobile No. and create password. User shall keep these credentials secrete and in case of theft or compromise notify the same to Healthcoco at [email protected]

b. In the process of registration, user is required to provide, name, mobile number and email address and in case of healthcare providers they need to provide clinic name, postal address and registration number. User may provide certain personal and non personal information on the site and to the healthcare provider for availing the site and services.

c. User agrees that he shall provide true and correct information on the site and to the healthcare provider for maintaining health record on site in relation to user and other persons depending on the user.

d. The collection, storage, use and disclosure of the above information provided by the user is subject to Healthcoco privacy policy.

e. User agrees that Healthcoco may provide user with notices including change of terms of use and privacy policy by email, regular mail or posting on the site and services.

41. Entire Agreements

This Agreement of terms of use and any additional terms of use, policies, rules and guidelines posted at the site, including the Privacy Policy, constitute the entire agreement between user and Healthcoco and supersede all previous written or oral agreements.

42. Headings

The headings used in the terms of use and other agreement are for convenience purpose only and do not form part thereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein. In case on inconsistency between the heading and the terms under the heading, the latter shall prevail and have full effect irrespective of the heading.

43. Severability of Terms of Use

If any provision of this agreement is held to be invalid or unenforceable, the remaining terms of this agreement shall have full enforceability and effect. In such cases, clause or provision under dispute or held invalid, shall be eliminated or limited to the minimum possible extent and shall be replaced with another legal provision that indicates the intent of the terms of use.

44. Jurisdiction

This agreement shall be exclusively governed by the Indian Law. User agree that all matters relating to access to or the use of the site, and/or rights of privacy including all disputes (whether or not such dispute involves third party) shall be governed by the laws of India though there may be conflict of law or legal provisions of other jurisdictions. User agrees, as Healthcoco do, to submit to the exclusive jurisdictions of the courts at Nagpur and waive any objection to such jurisdiction or venue. User agree notwithstanding these provisions Healthcoco shall have right to apply for urgent legal relief and remedial injunctive legal remedies in any jurisdiction.

Any claim or legal action under these Terms of Use shall be initiated within six months after the cause of action has arisen otherwise such claim or cause of action is barred forever notwithstanding any statute of limitation or other law to the contrary. However any failure by Healthcoco to exercise or enforce any of our right under any provisions of the Terms of Use or any other right shall not amount or constitute a waiver of that right or provision.

45. User Acceptance of Agreement

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.

46. Healthcoco Wellness Refund Policy

You may cancel your subscription at any time within 7 days from the date of subscription of the Healthcoco Wellness Plan. In the event that you cancel your subscription or the same is suspended or terminated by Healthcoco within the aforesaid period, we shall refund any subscription fees as below. Refund request in first 7 days - 75% refund of any subscription fees. Please note that the above charges will be adjusted after deducting a processing fee of Rs.250/- for India (including Taxes and bank charges, if any). The refund shall be processed in the manner/mode which is used to subscribe the Healthcoco Plan within 30 days from the date of cancellation.