MobiHealth Terms and Conditions

1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.MobiHealth.in/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by MobiHealth. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and MobiHealth 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 -

1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions(“Practitioner(s)”, “you” or “User”); or
2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website(“End-User”, “you” or “User”); or
3. Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by MobiHealth on the Website, which are offered free of charge to the Users (“Services”), including the following:
4. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
5. For other Users: Facility to (i) create and maintain , (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by MobiHealth, and (iii) to make appointments with Practitioners.

   The Services may change from time to time, at the sole discretion of MobiHealth, 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 the manner in which 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 support@MobiHealth.in.

   By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing 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

   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 use of the Website and the Services will be solely at the discretion of MobiHealth.

   The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

6. the Indian Contract Act, 1872,
7. the (Indian) Information Technology Act, 2000, and
8. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. 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 MobiHealth 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.

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

3.1 END-USER ACCOUNT AND DATA PRIVACY

• 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
• 3.1.2 MobiHealth may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of MobiHealth’s services and to build new services
• 3.1.3 The Website allows MobiHealth to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice
• 3.1.4 The Privacy Policy sets out, inter-alia:
  1. The type of information collected from Users, including sensitive personal data or information;
  2. The purpose, means and modes of usage of such information;
  3. How and to whom MobiHealth will disclose such information; and,
  4. Other information mandated by the SPI Rules.
• 3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
  1. the fact that certain information is being collected;
  2. the purpose for which the information is being collected;
  3. the intended recipients of the information;
  4. the nature of collection and retention of the information; and
  5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
  6. the various rights available to such Users in respect of such information.
• 3.1.6 MobiHealth shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to MobiHealth or to any other person acting on behalf of MobiHealth.
• 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify MobiHealth of any actual or suspected unauthorized use of the User’s account or password. Although MobiHealth will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MobiHealth or such other parties as the case may be, due to any unauthorized use of your account.
• 3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or MobiHealth has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MobiHealth has the right to discontinue the Services to the User at its sole discretion.
• 3.1.9MobiHealth may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
• 3.1.10Against every Practitioner listed in MobiHealth.in, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by MobiHealth, and the records of such calls are recorded and stored in MobiHealth’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by MobiHealth should be used only for appointment and booking purposes, and not for consultation on health-related issues. MobiHealth accepts no liability if the call facility is not used in accordance with the foregoing.
• 3.1.11MobiHealth may provide End-Users with a free facility known as ‘Health Account’ on the Website and its mobile application ‘MobiHealth’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
  1. Your Patient on MobiHealthis only created after you have signed up and explicitly accepted these Terms.
  2. ii.Information available in your Patient on MobiHealthis of two types:
     1. Patient-created: Information generated and uploaded by you or the Doctor you consulted.
     2. Practice-created: Information generated by your interaction with a Practitioner who uses ‘MobiHealth Doc’ or other Services of software.
  3. Any Practice created information is provided on an as-is basis and MobiHealth does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner
  4. The Patient on MobiHealth is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, MobiHealth is not liable for any interruption that may be caused to your access of the Services.
  5. The ‘SMS Rx Reminder’ provided by the Patient on MobiHealth is only a supplementary way of reminding you to take your medication as prescribed by your doctor. You should refer to your prescription before taking any medicines. MobiHealth is not liable if for any reason SMS Rx Reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the SMS Rx Reminders, you can request directly to via SMS on the message centre the reason to opt out.
  6. It is your responsibility to keep your correct mobile number and email ID updated in the Health Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. MobiHealth is not responsible for any loss or inconvenience caused due to your not updating your contact details for the Health Account.
  7. MobiHealth uses industry–level security and encryption to your Health Account. However, MobiHealth cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to support@MobiHealth.in.
  8. If you access your dependents’ record through your Patient on MobiHealthby registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual .
  9. In case you want to delete your Health account, you can do so by accessing 'Profile' from within your account. This will ensure that your account and any associated records will be deleted from the Health Account. This will however not delete your records stored by your doctor(s) and Practitioners.

3.2 RANKING ALGORITHM

MobiHealth’s ranking algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by MobiHealth. MobiHealth will not be liable for any change in the ranking of the Practitioners, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. MobiHealth in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

• 3.3.1 MobiHealth 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 specialisation, qualification, fees, location, visiting hours, and similar details. MobiHealth takes reasonable efforts to ensure that such information is updated at frequent intervals. Although MobiHealth screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
• 3.3.2 The Services provided by MobiHealth or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). MobiHealth does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. MobiHealth does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, MobiHealth disclaims 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 MobiHealth or any User in relation to any User or services provided by such User.
• 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. MobiHealth has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that MobiHealth endorses the linked site. User may use the links and these services at User’s own risk.
• 3.3.4 MobiHealth assumes 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, User’s sole remedy is to discontinue using the Website.
• 3.3.5 If MobiHealth determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, MobiHealth reserves the right to immediately suspend your access to the Website or any of your accounts with MobiHealth and makes such declaration on the website alongside your name/your clinic’s name as determined by MobiHealth for the protection of its business and in the interests of Users. You shall be liable to indemnify MobiHealth for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected MobiHealth or its Users.

3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS

• 3.4.1 While MobiHealth will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, MobiHealth does not guarantee that a patient will get a confirmed appointment. Further, MobiHealth has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.
• 3.4.2 MobiHealth provides value added telephonic services which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, MobiHealth reserves the right to share the contact details of the User with the Practitioners contacted.
• 3.4.3 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold MobiHealth responsible for any such interactions and associated issues. For avoidance of doubt, MobiHealth is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by MobiHealth of any such particular Practitioner. MobiHealth shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner
• 3.4.4 Without prejudice to the generality of the above, MobiHealth will not be liable for:
  1. any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
  2. any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;
  3. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
  4. cancellation or rescheduling of booked appointment or any variance in the fees charged;
  5. any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.
• 3.4.5 Further, MobiHealth shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at MobiHealth’s sole discretion and may be modified or withdrawn at its sole discretion. MobiHealth may moderate such feedback at any time. MobiHealth shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.

3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

• 3.5.1 Please note that 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 MobiHealth 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.
• 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from MobiHealth, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
• 3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

3.6 MOBIHEALTH FEED

• 3.6.1 MobiHealth Feed (“Feed”) is an online content platform available on the website, wherein Practitioners who have created a MobiHealth profile and Users who have created a Patient on MobiHealthcan login and post health and wellness related content
• 3.6.2 A User can use Feed by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same(“Content”), and uploading said Content to MobiHealth’s servers. MobiHealth will make available to the User a gallery of images licensed by MobiHealth from a third party stock image provider (“MobiHealth Gallery”). The User can upload their own images or choose an image from the MobiHealth Gallery. MobiHealth does not provide any warranty as to the ownership of the intellectual property in the MobiHealth Gallery and the User acknowledges that the User will use the images from the MobiHealth Gallery at their own risk. MobiHealth shall post such Content to Feed at its own option and subject to these Terms and Conditions. The Content uploaded via Feed does not constitute medical advice and may not be construed as such by any person.
• 3.6.3 The User acknowledges that they are the original authors and creators of any Content uploaded by them via Feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. MobiHealth reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on Feed. The User may not use the images in the MobiHealth Gallery for any purpose other than those directly related to the creation and uploading of Content to Feed. The User also agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the MobiHealth Gallery for his/her personal or commercial gain.
• 3.6.4 The user hereby assigns to MobiHealth, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Feed.
• 3.6.5 MobiHealth shall have the right to edit or remove the Content and any comments in such manner as it may deem Feed at any time.
• 3.6.6 The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and MobiHealth reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or violation of any law or statute in force at the time. The User agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Feed.
• 3.6.7 A User may also use Feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.
• 3.6.8 User acknowledges that the Content on Feed reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of MobiHealth.
• 3.6.9 User agrees that the content they access on Feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Feed.
• 3.6.10 The User acknowledges that all intellectual property rights in the Content on Feed vests with MobiHealth. The User agrees not to infringe upon MobiHealth’s intellectual property by copying or plagiarising content on Feed. MobiHealth reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Feed will be the sole intellectual property of MobiHealth. The User agrees not to post any comments on Feed that violate the intellectual property of any other person. MobiHealth reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Feed.
• 3.6.11 User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and MobiHealth reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Feed.

3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

• 3.7.1 The contents listed on the Website are (i) User generated content, or (ii) belong to MobiHealth. The information that is collected by MobiHealth directly or indirectly from the End- Users and the Practitioners shall belong to MobiHealth. Copying of the copyrighted content published by MobiHealth on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and MobiHealth reserves its rights under applicable law accordingly.
• 3.7.2 MobiHealth authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering 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, "MobiHealth Content"), are the property of MobiHealth and are protected under copyright, trademark and other laws. User shall not modify the MobiHealth Content or reproduce, display, publicly perform, distribute, or otherwise use the MobiHealth Content in any way for any public or commercial purpose or for personal gain.
• 3.7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.8 REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with MobiHealth or with any Practitioner will be subject to our 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”) relating to Practitioners or other healthcare professionals. The role of MobiHealth in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. MobiHealth disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. MobiHealth shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, 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. MobiHealth, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that MobiHealth may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

• Obtaining feedback in relation to Website or MobiHealth’s services; and/or
1. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
2. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by MobiHealth. MobiHealth’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

4. TERMS OF USE PRACTITIONERS

The terms in this Clause 4 are applicable only to Practitioners.

4.1 LISTING POLICY

• 4.1.1 MobiHealth, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. MobiHealth reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform MobiHealth immediately to enable MobiHealth to make the necessary amendments.
• 4.1.2 MobiHealth shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines
• 4.1.3 MobiHealth shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by MobiHealth, where the User has expressly or implicitly consented to the making of disclosures or publications by MobiHealth. If the User had revoked such consent under the terms of the Privacy Policy, then MobiHealth shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by MobiHealth prior to its actual receipt of such revocation.
• 4.1.4 MobiHealth reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, MobiHealth shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website
• 4.1.5 Practitioners explicitly agree that MobiHealth reserves the right to publish the Content provided by Practitioners to a third party including content platforms.
• 4.1.6 When you are listed on MobiHealth.in, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by MobiHealth, and the records of such calls are recorded and stored in MobiHealth’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by MobiHealth should be used only for appointment and booking purposes, and not for consultation on health-related issues. MobiHealth accepts no liability if the call facility is not used in accordance with the foregoing.
• 4.1.7 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and MobiHealth accepts no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

MobiHealth ensures easy access to the Practitioners by providing a tool to update your profile information. MobiHealth reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, MobiHealth takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using MobiHealth’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, MobiHealth may modify or delete parts of your profile information at its sole discretion with or without notice to you.

4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF MOBIHEALTH

• 4.3.1 All Critical Content is content created by the Users of www.MobiHealth.in (“Website”)and the clients of MobiHealth customers and Practitioners, including the End-Users. As a platform, MobiHealth does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of MobiHealth and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. MobiHealth’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
• 4.3.2 MobiHealth reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.
• 4.3.3 MobiHealth shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
• 4.3.4 You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. MobiHealth shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. MobiHealth however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.8 and 5 of these Terms.
• 4.3.5 MobiHealth will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
• 4.3.6 If MobiHealth determines that you have provided inaccurate information or enabled fraudulent feedback, MobiHealth reserves the right to immediately suspend any of your accounts with MobiHealth and makes such declaration on the website alongside your name/your clinics name as determined by MobiHealth for the protection of its business and in the interests of Users.

4.4 RANKING ALGORITHM

MobiHealth has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Practitioners. MobiHealth shall not be liable for any effect on the Practitioner’s business interests due to the rank of the doctor in the Ranking Algorithm.

4.5 INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by MobiHealth.

4.6 MOBIHEALTH REACH RIGHTS

MobiHealth reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, MobiHealth will not be liable for the accuracy of information or the claims made in the Sponsored Listings. MobiHealth does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. MobiHealth will not be liable for the services of the providers of the Sponsored Listings.

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

4.7 MOBIHEALTH FEED

• 4.7.1 MobiHealth Feed(“Feed”) is an online content platform available on the website, wherein Practitioners who have a MobiHealth profile and Users who have a Patient on MobiHealthcan login and post health and wellness related content.
• 4.7.2 A Practitioner can use Feed by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to MobiHealth’s servers. The Practitioner can upload their own images or choose an image from the gallery that MobiHealth provides. MobiHealth shall post such Content to Feed at its own option and subject to these Terms and Conditions. The Content uploaded via Feed does not constitute medical advice and may not be construed as such by any person.
• 4.7.3 The Practitioner acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Feed and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. MobiHealth reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Practitioner agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on Feed. The Practitioner also agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of any third party intellectual property claim if the Practitioner downloads an image from MobiHealth’s gallery and utilizes it for his/her personal or commercial gain.
• 4.7.4 The Practitioner hereby assigns to MobiHealth, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Practitioner and uploaded by the Practitioner via Feed.
• 4.7.5 MobiHealth shall have the right to edit or remove the Content and any comments in such manner as it may deem feed at any time.
• 4.7.6 The Practitioner may also use Feed in order to view original content created by Users or other Practitioners and also create and upload comments on such Content including their own content where allowed.
• 4.7.7 Practitioner acknowledges that the content on Feed reflects the views and opinions of the authors of such content and does not necessarily reflect MobiHealth’s views.
• 4.7.8 Practitioner agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and MobiHealth reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Practitioner agrees to absolve MobiHealth from and indemnify MobiHealth against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Practitioner on Feed.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

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

1. belongs to another person and to which the User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

• 5.2 Users are also prohibited from:

iolating or attempting to violate the integrity or security of the Website or any MobiHealth Content;

1. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by MobiHealth;
2. intentionally submitting on the Website any incomplete, false or inaccurate information;
3. making any unsolicited communications to other Users;
4. 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;
5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
6. copying or duplicating in any manner any of the MobiHealth Content or other information available from the Website;
7. framing or hot linking or deep linking any MobiHealth Content.
8. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

• 5.3 MobiHealth, 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, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. MobiHealth shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
• 5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, MobiHealth has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
• 5.5 MobiHealth 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. The SPI Rules only permit MobiHealth to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by MobiHealth as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between MobiHealth or any person on its behalf and the User or where the User has consented to data transfer.
• MobiHealth respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

6. TERMINATION

• 6.1 MobiHealth reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where, Such User breaches any terms and conditions of the Agreement;
  1. A third party reports violation of any of its right as a result of your use of the Services;
  2. MobiHealth is unable to verify or authenticate any information provide to MobiHealth by a User;
  3. MobiHealth has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  4. MobiHealth believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for MobiHealth or are contrary to the interests of the Website.
• 6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

7. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall MobiHealth, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;
1. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
2. any unauthorized access to or alteration of your transmissions or data; or
3. any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

8. RETENTION AND REMOVAL

MobiHealth may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

• 9.1 You agree that this Agreement and any contractual obligation between MobiHealth and User will be governed by the laws of India.
• 9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by MobiHealth. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
• 9.3 Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

10. CONTACT INFORMATION GRIEVANCE OFFICER

• 10.1 If a User has any questions concerning MobiHealth, the Website, this Agreement, the Services, or anything related to any of the foregoing, MobiHealth customer support can be reached at the following email address: support@MobiHealth.in or via the contact information available from the following hyperlink: www.MobiHealth.in/contact.
• 10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Sowmya Sudarshan Designation: Head – Customer Experience Address: 4th Floor, Abhaya Heights, Bannerghatta Road, Bangalore, India- 560078 Email: support@MobiHealth.in Telephone: +91-8880588999 (Ask to be connected to the Grievance Officer) 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.

11. 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.

12. 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 MobiHealth. Any consent by MobiHealth to, or a waiver by MobiHealth 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.