Terms & Condition - AVYJNR Health Technologies India Pvt. Ltd. (O Positive Health)

AVYJNR Health Technologies India Private Limited (referred to as “we”, us”, “O Positive Health”) is the author on the world wide web as well as other connected software and applications provided by O Positive Health, and together with Websites referred to as “Services”. O Positive Health provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”)

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.opositivehealth.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the Services made available by us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and O Positive Health in connection with your visit to the Website and your use of the Services (as defined below). The Agreement applies to you whether you are –

• A patient, his/her representatives/ attendant/ relative/ friend or affiliates (“you” or “User”);

• A user of the Website (“you” or “User”)

• This Agreement applies to all services made available by O Positive Health on the Website.

2. The Services may change from time to time, at the sole discretion of O Positive Health, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes how we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at info@opositivehealth.com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.

You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be

bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or particular Service are also considered as part of the Agreement.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to the use of the Website and the Services will be solely at the discretion of O Positive Health. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• the Indian Contract Act, 1872,

• the (Indian) Information Technology Act, 2000, and

• the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

3. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to O Positive Health that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

4. END-USER ACCOUNT AND DATA PRIVACY

• The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules and are reproduced in the Privacy Policy.

• O Positive Health and its Partners may, by the Services, collect information relating to you, the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services, to build new services and for other business purposes.
• The Website and App allow O Positive Health and its Partners to have access to Users’ email or phone number, for communication and analytics.

• The Privacy Policy sets out:

• The type of information collected from Users, including sensitive personal data or information
• The purpose means and modes of usage of such information

• How and to whom O Positive Health will disclose such information and,

• Other information mandated by the SPI Rules.

• The User is expected to read and understand the Privacy Policy, to ensure that he or she knows of:
  • the fact that certain information is being collected

• the purpose for which the information is being collected

• the intended recipients of the information

• the nature of collection and retention of the information and

• the various rights available to such Users in respect of such information.
• O Positive Health and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to O Positive Health or any other person acting on behalf of O Positive Health or its Partners.
• If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or O Positive Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, O Positive Health has the right to discontinue the Services to the User at its sole discretion.

• O Positive Health and its Partners may use such information collected from Users from time to time to debug customer support related issues.
• O Positive Health may now or in the future provide Services where you may be able to converse with O Positive Health, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in O Positive Health’s or its Partners servers. Such records are dealt with only by the terms of the Privacy Policy. O Positive Health and its Partners accept no liability if you choose to use such a facility to interact with doctors or clinicians or if the facility is not used by the foregoing.
• The details which we get from the end-user/customer/you, we may use it further to communicate with you / them via call/email/SMS.

5. LISTING CONTENT AND DISSEMINATING INFORMATION

• O Positive Health collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Such display of information about the Practitioners shall not be construed as advertising or soliciting their services. O Positive Health takes reasonable efforts to ensure that such information is updated at frequent intervals. O Positive Health cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

• O Positive Health and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, the Services. O Positive Health and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, O Positive Health and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by O Positive Health or its Partners or any User in relation to any User or services provided by such User.
• The Website may be linked to the website of third parties, affiliates, and business partners. O Positive Health has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. The inclusion of any link on the Website does not imply that O Positive Health endorses the linked site. Users may use the links and these services at the User’s own risk.

• O Positive Health and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the User’s sole remedy is to discontinue using the Website.
• If O Positive Health determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, O Positive Health reserves the right to immediately suspend your access to the Website or any of your accounts with O Positive Health and makes such declaration about suspension on the website alongside your name as determined by O Positive Health for the protection of its business and in the interests of its Users. You shall be liable to indemnify O Positive Health and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected O Positive Health, its Partners or its Users.

6. BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS

• While O Positive Health will try to ensure a confirmed appointment with a medical service provider (like a doctor or diagnostic lab) for a User who requested an appointment on the Website, O Positive Health or its Partners do not guarantee that the User will get a confirmed appointment. Further, O Positive Health and its Partners have no liability if such an

appointment is confirmed but later canceled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider is not available as per the given appointment time.

• O Positive Health or its Partners may provide value-added services that connect Users directly to the medical service providers via video call, voice call, text message, online chat or other electronic means and the information exchanged between the User and the medical service provider is stored and used by the Privacy Policy. However, it is at the discretion of the User, to avail such Service if it is available.
• You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences are strictly between you and the other Users. You shall not hold O Positive Health or its Partners responsible for any such interactions and associated issues and O Positive Health will not be held responsible or liable for the same. For the avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence O Positive Health and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, according to any interactions on the Website. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. O Positive Health or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage with using the Website. We advise you to perform your investigation or get feedback before selecting a doctor or any other service provider available on the Website.
• Without prejudice to the generality of the above, O Positive Health or its Partners will not be liable for:

• any wrong medication or treatment quality being given by the doctor(s), the diagnostic service provider(s), pharmacy(s), or any medical negligence on part of the any of the above

• any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties

• cancellation or rescheduling of booked appointment or any variance in the fees charged

• any medical eventualities that might occur after using the services of a doctor, diagnostic lab services, pharmacy, whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website.

• Further, O Positive Health shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. You should give your feedback in compliance with the applicable laws. The option of Users to give

feedback remains at O Positive Health’s sole discretion and may be modified or withdrawn at its sole discretion. O Positive Health may moderate such feedback at any time. O Positive Health shall not be obliged to act in any manner to give effect to the content of Users’ feedback.

7. NO DOCTOR-PATIENT RELATIONSHIP FOR EMERGENCY USE

• Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between O Positive Health and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
• It is hereby expressly clarified that the Information that you obtain or receive from O Positive Health, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall O Positive Health be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

• The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are a User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service, hospital, doctor or appropriate medical professional directly.

8. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

• The contents listed on the Website are:

• User generated content, or

• Belong to O Positive Health and its Partners.

• The information that is collected by O Positive Health directly or indirectly from the Users shall belong to O Positive Health and its Partners. Copying of the copyrighted content published by O Positive Health or its Partners on the Website for any commercial purpose or to earn profit will be a violation of copyright and O Positive Health and its Partners reserve their rights to take action under applicable law accordingly.

• O Positive Health authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and

assembly of content on the Website (collectively, ‘O Positive Health Content’), are the property of O Positive Health or its Partners and are protected under copyright, trademark and other applicable laws. User shall not modify the O Positive Health Content or reproduce, display, publicly perform, distribute, or otherwise use the O Positive Health Content in any way for any public or commercial purpose or personal gain.

• Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

9. REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with O Positive Health or with any other person, medical service provider or anyone else using the Website, Services will be subject to our Privacy Policy. https://www.opositivehealth.com/company/privacy-policy/

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of O Positive Health in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. O Positive Health disclaims all responsibility concerning the content of Critical Content, and its role concerning such content is restricted to its obligations as an ‘intermediary’ under the said Act. O Positive Health shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.

Your publication of reviews and feedback on the Website is governed by Clause 9 stated hereinafter. Without prejudice to the detailed terms stated in Clause 9, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules, or (c) includes any defamatory statement against O Positive Health or its Partners or medical professionals or other Users or any third party. O Positive Health, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and by Clause 4 of these Terms. You agree that O Positive Health may contact you through telephone, email, SMS, or any other electronic means of communication for:

• Obtaining feedback about Website, O Positive Health’s services; and/or

• Obtaining feedback about any medical service providers on the Website; and/or
• Resolving any complaints, information, or queries by medical service providers regarding your Critical Content;

10. and you agree to provide your fullest co-operation further to such communication by O Positive Health.
11. RIGHTS   AND   OBLIGATIONS   RELATING   TO

CONTENT

• As mandated by Regulation 3(2) of the IG Rules, O Positive Health hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

• belongs to another person and to which the User does not have any right to

• 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 whatever

• harm minors in any way

• infringes any patent, trademark, copyright or other proprietary rights

• violates any law for the time being in force

• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing

• impersonate another person

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

• 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 offense or prevents investigation of any offense or is insulting any other nation.

• Users are also prohibited from:

• violating or attempting to violate the integrity or security of the Website, any O Positive Health Content

• transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by O Positive Health

• intentionally submitting any incomplete, false or inaccurate information

• making any unsolicited communications to other Users

• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website

• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website

• copying or duplicating in any manner any of the O Positive Health Content or other information available from the Website

• framing or hotlinking or deep linking any O Positive Health Content.

• O Positive Health or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or of being notified by the appropriate Government or its agency that the Website is being used by

the User to commit any unlawful act and/or is being used in violation of Clauses 9(a) and 9(b) above, shall be entitled to remove or disable access to the material or information that is in contravention of Clause 9. O Positive Health is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. O Positive Health shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.

• In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, O Positive Health has the right to immediately terminate the access or usage rights of the User to the Website, App and Services and to remove non-compliant information from the Website.
• O Positive Health may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. O Positive Health will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

12. INTELLECTUAL PROPERTY RIGHTS

• The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (‘IP Marks’) displayed on the Website are the property of O Positive Health or its Partners or have been licensed to O Positive Health or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by O Positive Health or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from O Positive Health or its Partners.

• The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise,

any license or right to use any trademarks without written permission from O Positive Health.

13. DISCLAIMER OF WARRANTIES

• All information available on the Website, (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness suitability before use or making any decision for any loss or damage in reliance hereof. O Positive Health and its Partners will not be responsible for the same. Further O Positive Health and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information

• The Information does not constitute an invitation or recommendation to take medical services from O Positive Health or its Partners nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendations thereof. O Positive Health urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.

• All information on the Website is provided to you ‘as is’ ‘as available’ basis without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall O Positive Health or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party are subject to the terms and conditions of the legal notices contained therein.

O Positive Health makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses or trojans.

14. LIMITATION OF LIABILITY

• The information available on the Website could include inaccuracies or typographic errors. O Positive Health has endeavored to ensure that all the information on the Website is correct, but O Positive Health neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. O Positive Health makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any

loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.

• In no event shall O Positive Health or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data;
  3. any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, O Positive Health shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond O Positive Health control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. O Positive Health shall not be liable to the User for the above damages for more than an amount of INR 1.

15. INDEMNITY

User agrees to indemnify and hold harmless O Positive Health, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives, medical service providers, doctors and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. O Positive Health will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16. APPLICABLE LAW AND DISPUTE SETTLEMENT

• You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India.

• Subject to the above Paragraph above, the courts at Delhi shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website or the Services or the information to which it gives access.

17. CONTACT INFORMATION GRIEVANCE OFFICER

• If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please write to us at info@opositivehealth.com .
• By the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance concerning the Website or the Service, including any discrepancies and grievances concerning the processing of information, you can contact our Grievance Officer at:

18. The Grievance Officer,

AVYJNR Health Technologies India Private Limited 69/08, U Block, DLF Phase 3, Sector- 24, Gurgaon-122002

Email: info@opositivehealth.com

In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

19. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

20. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by O Positive Health. Any consent by O Positive Health to, or a waiver by O Positive Health of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

21. Contact Clause

The User, by sharing his/her contact number at our website or on call, is authorizing O Positive Health and its representatives to get in touch with the