INTRODUCTION

The terms “You”, “Your” or “User” refer to you as the user (irrespective of whether You are a Registered User, HSP Registered User or a Non-Registered User). In the event the Application / Website is being used by a third party (with or without Your consent), the expression “You”, “Your” or the “User” shall apply to such person as well.

These Terms and Conditions manifest the way Finhaat Wellness provides its Services, the responsibility and liability of Finhaat Wellness, and the terms and responsibility of You as a User. The Privacy Policy is part of these Terms and Conditions; thus, we encourage You to read the Privacy Policy to better understand how Finhaat Wellness uses and protects the Personal Information shared by You.

These Terms and Conditions include the following:

1. Website/ Application’s Terms of Use;
2. Terms and Conditions of Services:
   1. Doctor Consultation
   2. Group Health Insurance
   3. Lab Test.

Understanding these Terms and Conditions is important because, by using Our Services, you are agreeing to these Terms and Conditions. If You do not agree to any of these Terms and Conditions, please do not access or use the Application / Website and the Services any further.

If there is any inconsistency in any terms of these Terms and Conditions, the specific terms that relate to a Service would prevail over the general terms.

The defined terms are provided under the Glossary towards the end of this page.

WEBSITE / APPLICATION’S TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY CONTINUING TO ACCESS AND USE THIS WEBSITE/ MOBILE APPLICATION, YOU CONFIRM THAT YOU ACCEPT OUR TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF USE, DO NOT USE THIS WEBSITE/ MOBILE APPLICATION.

These Terms of Use, Privacy Policy, together with any additional Service-specific terms and conditions, other policies which may be applicable to specific portions of the Application / Website and any disclaimers which may be present on the Application / Website are jointly referred to as “Agreement” and constitute the terms of Your access and use of the Application / Website and the Services. Where any part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form. The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.

APPLICATION / WEBSITE

Finhaat Wellness owns and operates the website (www.aarogyahaat.com) and mobile application (aarogyahaat-wellness). It further ties up with third party service providers for delivery of services and uses its application curated as per the requirement of Finhaat Wellness. One of these applications is Visit Health.

The Application/ Website may be used by Users to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, drug delivery, electronic medical records, billing, inventory, accounting details and other relevant information.

ACCESS AND USAGE RIGHTS OF USERS

1. Non - Registered User: A Non - Registered User is not permitted to access or make use of the Application/ Website for any purpose other than the following permitted use:
   1. To browse the Application / Website without accessing any Services.
   2. To use the ‘Self-Assessment Tool’.
   3. To share the Application/ Website Link via social media applications.
2. HSP Registered Users: A HSP Registered User is only permitted to access and use the Services provided through a particular clinic or hospital only or any other limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to HSP Registered User from time to time through any contact information shared by HSP or HSP Registered User at the time of registration.
3. Registered User: A Registered User is specifically permitted to:
   1. Enjoy all the access and usage rights of a Non-Registered User;
   2. Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement/plan or may be otherwise communicated to Registered User from time to time through any contact information shared by such User at the time of registration.
4. Primary User: Shall refer to such person, who is 18 Years of age, and of valid capacity to contract, who shall access, and enjoy the Application / Website and the various services provided therein, and in certain cases provide access to other persons. Such person will have control over the features and functions of the Application / Website, and associated services that may be accessed, either by them, or the Secondary User(s).
5. Secondary User: Shall refer to such person, ordinarily a minor, or person who may not have the capacity to give consent but may also simply refer to the dependent of a Primary User, who has been designated as such and accesses and enjoys the services of and on the Application / Website at the behest and pleasure of the Primary User.

The data and information available on the Application/ Website may be categorized as follows:

• Data and information generated or provided by Unregistered Users, HSP Registered Users and Registered Users on the Application / Website (“User Content”).
• Data and information which Finhaat Wellness (through itself or its contractors) has generated or procured for the Application / Website and includes data and information generated or provided by HSP (“Finhaat Wellness Content”).
• The data and information available to Finhaat Wellness, from the Services may be categorized as follows: Personal Information that is necessary for use of Application/ Website but non-specific to the Service provided.
• Service specific Personal Information that is provided by the user in course of availing the Service.

GENERAL TERMS OF USE

• As required by law, you must be at least 18 years of age or older, have a sound mind and not debarred under any law to contract in order to access and use the Application / Website and Services as a Primary User. In case the Application / Website or Services are to be accessed or used by a minor (i.e., a person less than 18 years of age), then only the legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a Secondary User. In case of minor, the Application / Website will be accessed by the minor as Secondary User with limited rights provided by Finhaat Wellness.
• All Services will be requested for and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User only as a beneficiary. The Primary User will be entirely responsible and accountable for the Secondary User’s activity on the Application / Website as if the Application / Website and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User who is adult and of sound mind from liability towards Finhaat Wellness or its contractors or agents and Finhaat Wellness shall have the right to proceed against such Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.
• You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether authorized by You. You shall immediately notify Finhaat Wellness of any actual or suspected unauthorized use of the Your account or password. Finhaat Wellness will not be liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses to Finhaat Wellness or others due to such unauthorized use.
• You will use the Application / Website and the features provided on the Application / Website only in relation to and in compliance with all applicable Indian laws. You will not use this Application / Website, or any feature provided on the Application / Website for any purposes not intended under the Agreement.
• You should limit the use of this Application to India only. We are not responsible if You avail any Service from outside India. You must have the advice and/or prescription given by such HSP validated by a local registered medical practitioner.
• Certain Services are location specific. Depending on Your location, certain Services may not be available to You.
• You will not deliberately use the Application / Website in any way that is unlawful or harms Finhaat Wellness, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application / Website.
• You will not use the Application / Website for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
• You will not interfere, disrupt, or hamper with the proper functioning of the Application / Website.
• You understand that as part of Your registration process as well as in course of Your use of the Application / Website, you may receive communication from Finhaat Wellness on Your registered contact information. These communications will relate to Your registration, Services provided by Finhaat Wellness, transactions that You carry out through the Application / Website and any such information found suitable for Your attention by Finhaat Wellness.
• Notwithstanding anything to the contrary contained elsewhere herein, you represent that You are not a person barred from receiving the Services under the laws as applicable in India.
• Please note that Finhaat Wellness will send the communications only to the contact details that You provide on the Application / Website. It is Your responsibility to ensure that You provide the correct contact details for the transaction You wish to enter. Further, Finhaat Wellness may also send notifications and reminders to You for the features that You may be using on the Application / Website.

By accepting these Terms of Use, you provide Us with Your consent to collect Your medical records and/or reports from HSP. Finhaat Wellness may also share the dynamic password/OTP with You in order to facilitate the online delivery of your medical report. You hereby consent to receive such communications from Finhaat Wellness.

FINHAAT WELLNESS’ RIGHTS TO THE APPLICATION / WEBSITE AND FINHAAT WELLNESS CONTENT

 

Finhaat Wellness respects the intellectual property rights of others, and We expect the same from You. The Application / Website, User Content and the Finhaat Wellness Content are protected by applicable intellectual property laws.

All intellectual property in and to the Application / Website and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to Finhaat Wellness or its licensors. As a User, you are granted a limited, non-exclusive, non-transferable license to access and use the Application / Website as per the terms of the Agreement. Through Your use of the Application / Website, by no means are any intellectual property rights impliedly or expressly granted by Finhaat Wellness to You in respect of such works.

Finhaat Wellness and/or its licensors assert all proprietary rights in and to all names and trademarks contained in the Application / Website. Notwithstanding the generality of the foregoing, the name and logo of ’Finhaat Wellness/AarogyaHaat’ is/are the trademarks and copyright (inclusive of any other applicable intellectual property right) of Finhaat Wellness and/or its licensors. Any use of such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Finhaat Wellness and/or its licensors and may be actionable under applicable laws.

When You use the Application / Website in accordance with the Agreement, a limited royalty-free right is granted to You by Finhaat Wellness to use Finhaat Wellness Content only for personal and non-commercial use in India for the term of the Agreement.

Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.

Unless expressly authorized by Finhaat Wellness, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Finhaat Wellness Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

RIGHTS IN USER CONTENT

You agree that You are the sole owner of all rights (including all intellectual property rights) in the User Content that You post on the Application / Website or provide to Finhaat Wellness.

To the extent permissible by law, you hereby grant Finhaat Wellness a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.

USER CONSENT & PRIVACY

Through the course of Your interaction with the Application / Website or the Service offered by Finhaat Wellness, there will be situations where certain identifiable private information is/will be required to be shared by You. The usage and processing of such information is governed by the terms of these Terms and Conditions and the Privacy Policy,

You have the option of uploading Your identifiable health information including physical, physiological, and mental health condition, and medical records and history on the Application / Website which may be accessed by Finhaat Wellness and/or HSPs using the Application / Website, during availing Our Services. If You are a Secondary User, your information may be provided to Us by the Primary User under whose account You are using and accessing the Application / Website and Services. If You have not lawfully authorized the Primary User to do so, kindly reach out to Us immediately mail at ops@aarogyahaat.com

We may collect Personal Information from You when You use the Application / Website and for the features provided by the Application / Website. Our Privacy Policy sets out terms with respect to the collection, storage, use, processing, transfer, and disclosure of any such Personal Information.

In the course of providing You with access to the Application / Website and Services provided, You may generate, and be required to provide, the following categories of information:

• Patient/caregiver/doctor/health care professional name,
• Address (including country and pin/postal code),
• Location information, including Your GPS location,
• Phone number/mobile number,
• Email address,
• Physical, physiological and mental health condition, provided by You and/or Your health care professional or accessible from Your medical records,
• Personal medical information, records, and history,
• Valid financial information at time of purchase of product/Services and/or online payment,
• Finhaat Wellness login ID and password,
• User details as provided at the time of registration or thereafter,
• Records of interaction with Finhaat Wellness representatives,
• Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used,
• Master and transaction data and other data stored in Your user account,
• Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in Our log files,
• User’s tracking Information such as, but not limited to the device ID, Google Advertising ID and Android ID
• Any other information that is willingly shared by You.

When You click on the ‘I accept’ tab at the time of registering or accessing the Application / Website or otherwise provide Your Personal Information for availing any service, you specifically consent to Our Privacy Policy & Terms and Conditions.

Finhaat Wellness is required by law to maintain the privacy and confidentiality of Your medical information. We assure You to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant, or guarantee that Our safeguards to prevent unauthorized access to Your personal information is fool-proof. Further, Finhaat Wellness may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints, or grievances that You bring to the notice of Finhaat Wellness. You hereby specifically authorize Finhaat Wellness to access Your medical information in such cases.

Once You have provided this information to us, We have the right to, within the confines of applicable law, share the same with the concerned HSP or such other third party, sharing with whom is necessitated in course of Service delivery.

Depending on the nature of the information itself, refusal to share the same with Finhaat Wellness may result in the discontinuation of Services by Us.

OTHER WEBSITES/MOBILE APPLICATIONS

You may be provided with links on the Application / Website that direct You to third party websites / applications / content or service providers (collectively “Third Party Content”).

Finhaat Wellness does not make any representations regarding the availability and performance of any of the external sites. We are not responsible for the content, terms of use, privacy policies and practices of such third-party websites.

Links to such third-party Application / Websites are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third-Party Content via a link available on the Application / Website. Should You decide to click on the links to visit such Third-Party Content, you do so on Your own volition. Your usage of such Third-Party Content is subject to the terms of use of the respective Third-Party Content and Finhaat Wellness is not responsible for Your use of any Third-Party Content.

We do not extend the Agreement to any other websites/applications except for Our Application / Website. We do not make any warranty or give any security to the personal information disclosed by You to the other websites/applications, even if such websites/applications are linked to Our Application / Website or they are using Our Application / Website link.

Finhaat Wellness does not endorse any Third-Party Content that You may be directed to from the Application / Website.

FINHAAT WELLNESS’S RESPONSIBILITIES

HSP’s Credibility

Finhaat Wellness will take services of entities with qualified HSPs to render Services after carrying out appropriate background and reference checks on entities.

You are free to flag and inform Finhaat Wellness of any outstanding issues, and/ or deficiencies concerning the HSP. The presence of such deficiency will be sufficient grounds for Your to request an alternative HSP for your Teleconsultation.

Service Levels

Subject to applicable law, Finhaat Wellness will use commercially reasonable efforts to make the Application / Website available to Registered Users and their beneficiaries 24 hours a day, 7 days a week, except for:

1. Services that involve product delivery including but not limited to medicines/drugs;
2. Planned downtime that will be communicated in advance to Registered Users;
3. any unavailability caused by circumstances beyond Our reasonable control, including without limitation, cyber-attacks, acts of God, acts of government or regulatory authority, any mandate under applicable law, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider or/and web hosts failures or delays, denial of service attack, and/or Your acts or omissions, equipment, software or any other technology of Your, or any third party acting on Your behalf.
4. When such Service is rendered under a time-schedule, in which case, the obligation of Finhaat Wellness under provisions of these Terms and Conditions shall be limited to making available such Service during the time-schedule. This obligation will also be subject to (2) and (3) above;
5. When the Registered User is outside the operational coverage of Service.

Finhaat Wellness has no responsibility towards Non-registered User for providing Services.

For the avoidance of doubt, it is hereby clarified that Finhaat Wellness’s responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.

If Finhaat Wellness suspects any illegal, wrongful or fraudulent activity on the Application / Website by any User, notwithstanding any other rights Finhaat Wellness may have against such User, Finhaat Wellness reserves the right to inform the relevant government or law enforcement authorities. Finhaat Wellness will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities. Finhaat Wellness reserves the right to refuse Service at any time without providing any reasons.

Finhaat Wellness reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application / Website at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Finhaat Wellness reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.

The Application / Website and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc.

Finhaat Wellness reserves the right to schedule/reschedule/cancel appointments and swap HSPs at any time without prior intimation. The terms applicable to refund and cancellation are specified below.

Legal Compliances

Finhaat Wellness will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.

You may consequently be required to carry out certain tasks, or verifications. In accepting these Terms and Conditions, you accept that You will carry out these obligations and verifications when requested of You.

However, you will still remain free, to refuse to carry out the requested verification and obligation at the time, and give Finhaat Wellness the right to refuse service, or re-evaluate the relationship between You and Finhaat Wellness.

Data Collection Recording, Storage, Encryption & Usage

The information stored on the Application / Website may be entered by You or by a HSP in the course of Services provided by Finhaat Wellness. The information collected as part of the Services may be stored on Your mobile device as well as on a third-party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).

You understand that all information that You are providing to Finhaat Wellness during your usage of the Application / Website, or the Services offered, is information that You are authorised to provide and that You do not cause harm in providing, and is provided with full knowledge and understanding that the same shall be processed.

You provide Finhaat Wellness access to information for collection and/ or storage in the following explicit manner:

• When You register on Our Application / Website or our specified Third-Party application,
• When You provide Your Personal Information to Us/Service providers,
• During the course of Services provided to You by Us/service providers,
• When You use the features on Our Application / Website,
• Through Your device, once You have granted permissions to Our Application / Website,
• By the use of cookies.

You provide consent to Finhaat Wellness to use the information collected and stored, in all legally acceptable manner to meet the following ends:

• To operate and improve the Application / Website;
• To provide effective Services;
• To perform studies, research and analysis for improving Our information, analysis, Services and technologies; and ensuring that the content and advertising displayed are customized to Your interests and preferences;
• To contact You via phone, SMS, email or third-party communication services such as WhatsApp, etc. for appointments, technical issues, payment reminders and other security announcements;
• To send promotional mailings from Us or any of Our channel partners via SMS, email, snail mail or third-party communication services such as WhatsApp, Facebook etc.;
• To advertise products and Services of Finhaat Wellness and third parties;
• To transfer information about You if We are acquired by or merged with another company;
• To share with Our business partners for provision of specific services You have ordered so as to enable them to provide effective services to You;
• To administer or otherwise carry out Our obligations in relation to any agreement You have with Us;
• To build Your profile on the Application / Website;
• To respond to summons, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims;
• To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of Our Terms and Conditions , breach of Our agreement with You or as otherwise required by law; and
• To aggregate (anonymized) Personal Information for research, statistical analysis and business intelligence purposes, and to sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
• A record of all Your communication with Finhaat Wellness and all its service providers, and associates will be retained for the duration of Your engagement with Us and 7 years after the termination of Your engagement of Finhaat Wellness services, and/ or Your account on the Application / Website.

All video-consultations / IM chat consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences between Users and HSP acquired Users who are patients, and HSPs engaged by Finhaat Wellness through its partner entities shall be recorded, saved and stored for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. Finhaat Wellness may review this data from time to time for quality evaluation purposes. However, under normal circumstances, Finhaat Wellness will not access any information that identifies You and shall either omit, mask or anonymize Your Personal Information at the time of quality evaluation.

You acknowledge that We may have to exchange, transfer, share, part with all or any of Your Personal Information, across borders and from Your country to any other countries across the world with Our affiliates / agents / third party service providers / partners / banks and financial institutions for the Purposes specified under these Terms and Conditions or as may be required by applicable law.

In the course of doing so Finhaat Wellness shall ensure that such third parties that receive information, will store and analyse the information with the same standard of care as Finhaat Wellness.

It is hereby clarified that Finhaat Wellness does not have the obligation to pre-screen or monitor User Content at any time. However, Finhaat Wellness may elect to monitor any User Content and may modify or remove any User Content from the Application / Website if Finhaat Wellness determines in its sole discretion that such User Content is in violation of the Agreement or any applicable law and best practices. Where Finhaat Wellness removes any User Content from the Application / Website, Finhaat Wellness will make reasonable efforts to inform the Registered User who had posted such User Content.

All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider / Storage Service Provider. Finhaat Wellness shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider/Third party service providers uses appropriate levels of encryptions to protect data and takes all necessary precautions. Finhaat Wellness will however not be responsible for any cyber data theft from its Application / Website or the Cloud Service Provider’s/ Storage Service Provider’s databases.

Finhaat Wellness shall maintain a detailed transaction & purchase history of Users online.

Finhaat Wellness reserves the right to permanently delete User Content in case the User does not avail a Service for a period of Seven years.

USER RESPONSIBILITIES

Your use of this Application / Website shall be subjected to the following terms and conditions:

1. You will observe and comply with the terms and conditions of the Agreement in letter and spirit;
2. You will provide full and accurate information about Your health, medical history and personal care needs;
3. You will strictly adhere to the advice and instructions given by HSPs from time to time;
4. You will not delete or modify any content of the Application / Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
5. You will not decipher, decompile, reverse engineer, or disassemble the Finhaat Wellness content;
6. You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application / Website;
7. You will not remove any copyright, trademark registration, or other proprietary notices from the Application / Website. You further agree not to access or use this Application / Website in any manner that may be harmful to the operation of this Application / Website or its content;
8. You will not frame or hotlink or deep link any Finhaat Wellness Content;
9. You will not use the Application / Website and / or Services in any way that is unlawful, or harms Finhaat Wellness or any other person or entity, as determined in the Finhaat Wellness’s sole discretion.
10. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the internet;
11. You will not host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and over which You do not have sufficient legal rights;
    2. harm minors in any way;
    3. infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force;
    4. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    5. impersonate another person;
    6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
12. Without prejudice to the rights that Finhaat Wellness may have under other provisions of the Agreement, where Finhaat Wellness has reasons to believe that a User has violated a term or condition of the Agreement, the Finhaat Wellness shall, in its sole discretion:
    1. Suspend provision of Services;
    2. Suspend the account of the User until there is enough information available with Finhaat Wellness to determine whether the User had violated a term or condition of the Agreement;
    3. Suspend or terminate the account of the User where Finhaat Wellness has determined that the User had violated a term or condition of the Agreement;
    4. Approach User to make good that loss or damage caused to Finhaat Wellness as a precondition to revoke the suspension;
    5. Take any such action against the User as it permissible under law;
    6. Raise invoice of Services availed by the User; and/or
    7. Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes.

PAYMENT, FEES AND TAXES

You agree to pay all Service fees, consulting fees, reasonable out of pocket expenses and other fees applicable to Your use of the Services. While Finhaat Wellness will strive to give You a fair estimate of fees in advance, the actual fee may be dependent on the type of Services that You purchase and may vary based on the number or duration of the Services subscribed to.

You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Finhaat Wellness is in no way responsible for any of the taxes except for its own income tax.

The fees could be paid online through the facility made on the Application / Website. Third party payment service provider support and services are required to process online fee payment. Finhaat Wellness is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of Finhaat Wellness.

All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to Finhaat Wellness’s designated bank account.

An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Application / Website and/or on Your contact details. You may be requested to make the payment immediately or on a deferred basis, at the sole discretion of Finhaat Wellness. In case the fees against Services are not received within the requested time frame, Finhaat Wellness reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against Your account and, suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested time frame and have no right of recovery in any form against Finhaat Wellness.

In order to process the payments, Finhaat Wellness might require details of Your bank account, credit card number etc. Please check Our Privacy Policy on how Finhaat Wellness uses the confidential information provided by You.

Finhaat Wellness shall send an intimation of fee receipt through an email and/or Your contact details within seven (7) working days of fee receipt from You.

OFFERS AND PROMOTIONS

Finhaat Wellness may occasionally promote their Services and make available for You to purchase such Services on the Application / Website. All promotions are for a limited period and subject to special terms and conditions, which are in addition and not to the Terms and Conditions stated herein.

REPRESENTATIONS AND WARRANTIES

By Using This Application, you hereby represent and warrant that:

1. You are 18 years of age or older and that Your use of the Application shall not violate any applicable law or regulation;
2. Where a minor may access or use the Application or Service, you will ensure that such access or use happens through Your account and under Your personal supervision. Further, you accept to be accountable and liable for the activity of the minor on the Application, including in respect of the Services availed on the Application;
3. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
4. You as a Registered User will use the Application solely for Your personal and non-commercial use.
5. Any use of this Application or its content other than for personal purposes is strictly prohibited.

Finhaat Wellness represents and warrants that:

1. It is a company duly organized under the Companies Act, 2013 and has the power and authority to provide the Services and the Application / Website;
2. It has all permits, approvals and licenses necessary to carry out the Services and in fulfilling its obligations hereunder;
3. By entering into the Agreement, Finhaat Wellness does not violate any of the previous arrangements entered into with other entities to which it is a party.

USER ACCOUNT SUSPENSION

In the event where a User has breached the Agreement in Finhaat Wellness’s sole judgment or when Finhaat Wellness is unable to verify or authenticate any information provided by the User to Finhaat Wellness or when or User fails to provide the consents necessary or desirable for Finhaat Wellness to provide the Services (or after providing such consent, later revokes), Finhaat Wellness reserves the right to suspend and / or terminate the User’s account and/or access to the Application / Website by blocking Your IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application / Website and/or Services. Upon suspension or termination, your right to use the features on the Application / Website including Services shall immediately cease and Finhaat Wellness may permanently remove or delete Your information that is available with Finhaat Wellness, including but not limited to login and account information.

Finhaat Wellness shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by Finhaat Wellness in connection with such account termination or suspension.

Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application / Website under the same account, a different account or re-register under a new account.

TERMS AND CONDITIONS OF SERVICES

Through the Application / Website, the Users are able to access various features and functions that are offered and available on the website. The specifics of the Services that are available on the Application / Website are subject to variation and change by Us. We reserve the right to alter the nature of these available and advertised Services, with or without notice to You. The following are the primary strata of Services that are available to the User upon accessing the Application / Website:

1. Telemedicine Consultation: User is able to access and schedule a consultation with a registered Healthcare Service Practitioner of the required speciality, which will be facilitated by Service Provider in agreement with Us for the services.
2. Laboratory Testing: User is able to register for certain tests on the Application / Website, and the testing may be carried out at laboratories with Service Provider in agreement with Us for the services.
3. Group Health Insurance: We offer a comprehensive healthcare service plan, that the User is able to access, alter, and edit on the Application / Website. This will be served by Insurance Companies registered with IRDAI to provide such insurance.

Use of Services

1. The Application / Website may be used to access a variety of healthcare and wellness related Services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by Finhaat Wellness, you may avail the Services as provided by Finhaat Wellness.
2. Built-in Application / Website features are provided such as health trackers, medicine reminders, storage and display of Your medical records, information, and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports, notifications etc. by using the Application / Website.
3. The Services are non-transferable and only cover the Registered User, and such of the beneficiaries that have been identified at the time of registration. Finhaat Wellness reserves the right to alter the rights of these beneficiary Secondary Users, and the Services they may have access to.

Fair Usage Policy

The Services provided by Finhaat Wellness cannot be used for personal gains or in conjunction with any commercial activity. Finhaat Wellness reserves the right to limit, suspend, disable or discontinue any Service to You in the event that it is discovered that the Service is being used in conjunction with any commercial activity or for commercial gains or misuse of Service for not intended purposes.

The Application / Website is constantly reviewed by Our internal teams to ensure that We deliver the right benefits to Our Users and avoid any misuse of Services.

Without limiting any other provisions of these Terms and Conditions, You may not use this Application / Website for any purpose that is unlawful or prohibited by these Terms and Conditions and/or any applicable additional terms. Your access of this Application / Website shall be terminated immediately, in Our sole discretion, with or without notice, if You fail to comply with this provision.

All plans offering unlimited consultations shall be subject to Fair Usage Policy (FUP) which shall be imposed as per the following capping:

Unlimited GP / Doc-on-call consultations plans: Maximum of Fifty consultations

Unlimited Specialty consultations plans: Maximum of Fifty consultations

The Fair usage policy may be amended by Finhaat Wellness from time to time, at its sole discretion

Doctor Consultation

As part of service offering, Finhaat Wellness provides telemedicine Services through partnership with service providers** to its Registered Users and their beneficiary Secondary Users. The below terms will outline the relationship between the Registered User (or beneficiary) and Finhaat Wellness, in the course of You accessing the telemedicine Services (which may alternatively be known as “Teleconsultation(s)”).

Finhaat Wellness service provider reserves the right to accept or deny Teleconsultations to any User, for reasons stated. Upon rejecting request, you shall be notified of the same, with an explanation for the rejection of the Teleconsultation request.

The Teleconsultations offered through the Application / Website are not for emergency situations. In case of an emergency, please call an ambulance or visit the nearest hospital. We do not bear any responsibility, or liability for any injury, death or disability caused due to service providers HSP rejecting or not addressing an emergency situation that a User may be facing.

You understand that, while Teleconsultation will be provided to You in consideration of Your situation and time-sensitivity thereof, Finhaat Wellness does not guarantee, or advertise any set timelines for when Teleconsultation may be offered once requested.

Finhaat Wellness will not be responsible or liable for any harm or loss that You may suffer as a result of the delay, if You elect to access those Services.

You further assure, that the medical history and health information provided by You during the preliminary call is accurate and up to date. You promise to not hold Finhaat Wellness accountable for any deficiency as a product of using (only) the information provided during the preliminary telephonic call.

At the time of such information-collection, or at the time of Teleconsultation, if the HSP is of the opinion that Teleconsultation is not the appropriate medium of medical analysis and diagnosis for Your situation, such HSP may inform You of the same at that stage and terminate the consultation. This will not be deemed a dereliction of service, and You will not be entitled to costs in such an event.

Teleconsultations are provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and the Services are meant for general consultation only. After online consultation, if it is recommended to undergo any diagnostic tests or if You are issued with a prescription, the same are provided based on the information and preliminary examination, hence the same shall not be treated as accurate, final and conclusive. HSP reserves their rights to modify the prescription or recommended diagnostic tests if the User provides any additional information in future consultation.

Teleconsultations may be provided via the following communication channels call centre helplines / telephones / mobile devices / tabs/IM chats / online chats / WhatsApp/ SMS & text chats/app with and/or without camera and video facilities at the sole discretion of HSP. Reasonable efforts will be made to protect Your privacy and confidentiality across Teleconsultation Services.

USER RESPONSIBILITIES AND RIGHTS

You understand that, in addition to the risks associated with the treatment being administered through Teleconsultation itself, Teleconsultations also bears certain risks. The following are certain affirmations required from You, understanding the risks:

• You agree that, you have the opportunity to request an alternative medium of communication for the Teleconsultation. If You proceed with the medium allocated to you, you acknowledge all limitations of that medium.
• You assure that You have access to the appropriate means of technology and telecommunication to attend the Teleconsultation. You agree that You have the option and opportunity to inform Finhaat Wellness of deficiency in this regard.
• The inability to have direct, physical contact with the patient may impact the quality of service and treatment being rendered. The HSP may choose to inform You of this limitation, and if You proceed with the Teleconsultation, you acknowledge and accept any deficiency in quality as a result.
• In certain cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by the HSP(s). You agree to share any such information required by HSP to provide the appropriate medical decision.
• In cases where the information gathered through the Teleconsultation, and preliminary call are not sufficient, you may be required to undergo testing at such laboratory that may be recommended by Finhaat Wellness or the HSP.
• In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; In that instance, you will receive a notification of the incidence, and information that may have been lost/ accessed. You agree that, best practices and protocols have been followed by Finhaat Wellness.
• In certain cases, a lack of access to complete medical records or information may result in adverse drug interactions or allergic reactions or other judgment errors. You acknowledge and agree that if such an event occurs where You have failed to provide the appropriate information or medical history, HSP shall not be held liable. In any case, Finhaat Wellness shall not be liable for the consultation made on behalf of the HSP.
• You understand that the diagnosis and treatment plan determined during the Teleconsultation could change based on Your condition, and that You should visit a medical professional for an in-person consultation if your clinical condition worsens.

You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:

• Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by an HSP;
• Your HSP may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
• You acknowledge to not depend upon any other service provider You are/ may be engaging, in events of emergency. In such event of an emergency, you will be required to make your own arrangements for treatment and costs.
• Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Application / Website;
• Security protocols could fail, causing a breach of privacy of Your confidential medical information.
• A lack of access to complete medical records may result in errors in medical judgment.

Users may expect the anticipated benefits from the Services provided by Finhaat Wellness, HSPs and its authorized representatives, but no results can be guaranteed. User’ s condition may not be cured or improved, and in some cases, may get worse.

Finhaat Wellness or HSP does not guarantee any outcome, from the Teleconsultation, nor does Finhaat Wellness /HSP bear any responsibility for any medical emergency that may occur, and any expenses incurred as a result of the same, unless negligence and gross misconduct are established.

NO DOCTOR-PATIENT RELATIONSHIP

Finhaat Wellness is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between You and the HSP, or the HSPs’ You engage with. Your relationship with Finhaat Wellness in accessing healthcare and diagnostic services, extend only so far as Finhaat Wellness being a platform facilitator for the HSPs to carry out their trade.

You understand and agree that any interactions and associated issues with the HSPs on the Application / Website, including but not limited to the medical outcomes and service issues, is strictly between You and the HSP. You shall not hold Finhaat Wellness responsible for any such interactions and associated issues.

You further understand that in facilitating the HSP services, Finhaat Wellness does not make any assurance of process or outcome of any manner whatsoever. If there is a desired, or promised outcome, it is understood that Finhaat Wellness does not bear any liability for neither the creation nor the realization of these (desired/ expected) outcomes.

In no case will Finhaat Wellness have liability pertaining to error in clinical findings, Teleconsultation provided, and all other Services listed, provided by HSP.

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 Application / Website (including information provided in direct response to your questions or postings) is generated by HSPs. The provision of such Information does not create a doctor-patient relationship between Finhaat Wellness and You. Such Information 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 advice from a qualified HSP.

HSP’s SERVICES

Finhaat Wellness is a transaction facilitator that facilitates the interactions that take place through the Application / Website by You.

In facilitating these interactions between You and the HSP, Finhaat Wellness, does not make any advertisement of the nature of services rendered by the HSP, or the quality thereof. Finhaat Wellness in agreement with Service Providers ** merely ensures that all HSPs You interact with using Our platform are duly qualified under law to carry out their profession and provide the advice and diagnosis that is required of them.

You understand that these Services offered by Finhaat Wellness on the Application / Website are governed separately by their own terms and conditions available on the Application / Website of the individual service providers, and the customer service representatives of Finhaat Wellness. Your assent to these Terms and Conditions does not automatically make You party to those more specific terms and conditions.

Through the Application / Website, Finhaat Wellness facilitates the purchase of Services offered for sale by HSP. You understand and agree that Finhaat Wellness merely provides hosting Services to You. All Services offered on the Application / Website are rendered by HSP. Finhaat Wellness has no control over HSP services, and does not originate or initiate the transmission or select the sender/recipient of the transmission. The authenticity and genuineness of the Services made available by HSP through the Application / Website shall be the sole responsibility of HSP.

You understand and agree that We shall have no liability with respect to the authenticity of the Services being facilitated through the Application / Website.

INFORMATION REGARDING HSP AND SERVICES

Information regarding HSP and Finhaat Wellness Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Application / Website with respect to a HSP that You seek to engage through the Application / Website.

Group Health Insurance Policy

You understand that all the Services that will be available to You on the Application / Website are a component of the group health insurance policy (“Health Plan”) that is being offered to You, by Finhaat Wellness, and an IRDAI approved Insurance company. You understand that this Health Plan, will provide You access to the Services availed on the Application / Website, as well as certain other facilities. Finhaat Wellness explicitly declares that it is not an insurance company.

Wellness Services

These are the Wellness services that are offered directly by Finhaat Wellness through its service partners, which are available to Yourself and any of your beneficiaries named in the Plan. It is important to note that the Wellness services need to be availed in the period as defined in your Plan:

• Consultations: You may avail Consultations, either physical or conducted through remote means, either with General Practitioners or Specialist Doctors for Yourself depending on your plan. You will be entitled to a specific count of such consultations free of charge in the period defined as per your Plan.
• Comprehensive Health Check-Up: You will be entitled to a free-of-charge annual general full-body check-up, and such other specific condition and organ monitoring check-ups such as (1) liver function test, (2) kidney function test, (3) lipid profile, (4) diabetes profile, (5) urine routine etc. Which of these tests may be authorized for You will depend entirely on Your specific plan coverage.
• Nutritional Specialist: You will be able to avail the services of a health coach/ nutrition specialist, depending on Your requirements. You will be able to receive these services as per your plan.
• Laboratory and Diagnostics: You will receive defined discount as per your plan on prescribed laboratory and diagnostic testing, at facilities on the network of Finhaat Wellness. You are free to use the Services of the laboratory and diagnostics for prescriptions by physicians outside the Finhaat Wellness network.
• Medication: You may be able to purchase medication from Finhaat Wellness through its partner service providers, at a discount as prescribed in the plan. You may purchase the medication, upon receiving any valid prescription.

Terms for Wellness Services

You agree that all of the Services described above are not directly available to You upon enrolment, and, that there are different tiers of Health Plan, and depending on your selection You may either receive Services in addition, or in detriment of what is described above, and elsewhere in these Terms and Conditions.

You further understand that, in the event You are unable to access the specific “Wellness services” listed above and described elsewhere in these Terms and Conditions, You cannot request Wellness services not listed above, even if they are covered by any other general Insurance policy that is maintained and offered either by Finhaat Wellness, or the IRDAI approved Insurance company partnering in servicing the plan.

You further acknowledge that You are warned adequately, that, the Wellness Services available to You under the Health Plan need to be availed by You before the expiry of plan period from the date of commencement of Your enrolment in the Plan.

You understand that after completion of the Plan, any renewal of policy will be at the sole discretion of Finhaat Wellness. You may or may not be offered the same features or components that were part of Your existing plan.

These Terms and Conditions will now provide a detailed description of the conditions surrounding the access and availment of each of the Wellness services, above. Note that these Services will be governed by their own separate agreements, and consent forms and You will be required to provide your acknowledgement and consent to such forms and agreements. Your assent to these Terms and Conditions shall not be sufficient acknowledgement of the individual terms and conditions surrounding the Wellness services offered by Finhaat Wellness. We suggest you to also read the policy document of our insurance partners from their website. for more information about the policy.

Finhaat Wellness reserves the right to reject any medical claims made by You as a main policy holder, if it is brought to Our knowledge that You have failed to disclose or declare any pre-existing diseases and medical conditions at the time of taking the Health Plan.

Cancellation of Plan

We understand that sometimes circumstances change, and you may need to request a refund for your purchase, we offer a hassle-free refund policy to ensure your satisfaction. Here are the key details:

7-Day Free Look-Up: We provide a 7-day window from the date of purchase during which you can request a full refund, no questions asked, provided there has been no utilization of the service. If, for any reason, you are not completely satisfied with your purchase and there has been no utilization, simply reach out to our customer support team within this period, and we will process your refund promptly.

Cancellation Post Usage: Once you have started using our services, we regret to inform you that cancellation is not permitted. We do not impose any usage limitations, and there are no penalties for cancelling your subscription before usage begins. However, once you have accessed our services, the subscription cannot be cancelled.

Online Registration Process

Download Visit App Specifically curated for Finhaat Wellness users: Access our comprehensive Wellness services by downloading the Visit app, available on both the Play Store (for Android devices) and the App Store (for iOS devices). Search for "Visit Health" and install it on your device.

Signup with your Mobile number:

• To create your account, simply sign up using your mobile number.
• Provide your mobile number, and we will send you a verification code.
• Enter the code to complete your registration.

Process for availing Wellness Services

Post online registration, you can avail wellness services.

User-Friendly Health Hub: Our app offers a user-friendly interface, designed to simplify booking teleconsultations, lab tests, and ordering medicines.

Real-Time Appointment Tracking: Stay informed about your teleconsultation appointments with real-time tracking available through our app. Monitor appointment details and updates effortlessly.

Customer Support: Our dedicated partner customer support team is available to assist you with any service-related queries or concerns. Feel free to contact us through the app, and we'll be happy to help.

Feedback: Your feedback is valuable to us. We welcome your comments and suggestions through the app, helping us improve our services continuously.

Lab Test

The use of the Application / Website entitles You to avail the Services (subject to completion of registration process) in the following manner:

• to view the test/health package(s) being offered on the Application / Website and book the test/health package(s) which suit Your requirements.
• select any of the options: (i) visiting at any of the partner testing facility(ies) to give sample; or (ii) home service (if available, at the nearest testing facility) in which case Service Provider ** shall send its representative(s) to Your home for collection of the sample.
• after collection of Your sample, You will receive Your order ID and other details by e-mail on Your registered e-mail ID or by SMS/WhatsApp on Your registered mobile number.
• once Your test report is ready, You will receive a link to download Your test report by e-mail on Your registered e-mail ID -or by SMS/WhatsApp on Your registered mobile number.

Terms of Lab Tests

• The Services are non-transferable i.e. only the person in whose name the test/health package(s) is assigned at the time of booking will be eligible to avail the Services.
• You are required to carry a photo-identification card and Your Order ID at the time of the visit to the testing facility or at the time of availing home service.
• You will be required to follow strictly the instructions/guidelines that is provided by Service Provider ** on the Application / Website before giving a sample for the test/health package(s).
• Finhaat Wellness and its service provider reserves the right to change the nature of Services as mentioned above at its sole discretion and by notifying the same on the Application / Website.

• You should take all the responsibility for Your actions in availing the Services though use of the Application / Website and Finhaat Wellness shall not be liable for any such action.
• You confirm and acknowledge that Finhaat Wellness shall not be liable or responsible for any deficiency in payment of consideration payable towards the Services booked by You through use of the service providers Application / Website. In case of any deficiency in payment of consideration by You, Finhaat Wellness is not bound to provide You a test report.

Delivery of Test Report(s)

Once Your test report(s) is(are) ready, You will receive a link to download Your test report(s) by e-mail on Your registered e-mail ID or by SMS/WhatsApp on Your registered mobile number. In case, You have opted for delivery of test report(s) in physical form, the same shall be delivered to You in physical form in the following manner:

In case the sample is given by You at the testing facility, You can collect it in person from the testing facility on the date and time informed to You at the time of collection of the sample.

In case You availed Home Service for collection of the sample, the test report(s) shall be delivered at Your home on the date informed to You at the time of collection of the sample.

The test report(s) shall take a time of 1-14 days (excluding Sundays) depending on the nature of the test/health package(s) except some tests which may take longer time if results are not clear or there is any event of force majeure, or which are done by international testing agency. Any additional information may be required from You during testing process which needs to be furnished by You within 24 hours by You from the time it was informed to You to get testing results on time. All attempts will be made to deliver on the preferred date of delivery, but Finhaat Wellness will not be held liable if the delivery does not take place on that day due to any unforeseen reasons or circumstances.

GENERAL LEGAL TERMS

CONFIDENTIALITY

Finhaat Wellness assures that it shall not, during the term of engagement of Services, or enrolment in the Health Plan, or for the duration of retention of the information, directly or indirectly, divulge, use, furnish, exploit or make any disclosure to any person or entity, that is not for a purpose outlined here in these Terms and Conditions, the Application / Website, or the terms and conditions for the respective Services.

In the event that Finhaat Wellness is requested or required by due legal process to disclose any confidential information, Finhaat Wellness shall, before divulging such confidential information, give You, a prompt written notice of such request or requirement so that You may seek an appropriate protective order or other remedy and/or waive Your rights surrounding that particular confidential information.

In the event that You haven’ t sought a protective order, or a response is not provided by You to the notice of demand referred above within a reasonable time, Finhaat Wellness shall be free to furnish that confidential information which is legally required to be disclosed and We will use Our reasonable efforts to obtain assurances that confidential treatment will be accorded to such information.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Finhaat Wellness or its contractors or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application / Website or the Services, materials and functions related thereto whether or not Finhaat Wellness has been warned of the possibility of such damages or could have reasonably foreseen such damages.

Under no circumstances will Finhaat Wellness have any liability for inaction, incompetence, or other failures by a third-party provider, either in the form of information accessed on the Application / Website, or in the form or services of out-of-network healthcare service providers that You choose to visit.

Finhaat Wellness does not bear any liability in the event that any service provider engaged by Finhaat Wellness, either directly or incidentally, engages in any illegal or criminal activity. You are free to pursue action of Your own accord against the particular service provider.

Finhaat Wellness shall not be compelled to produce any records, books, or documents in connection to the Application / Website, Health Plan, or any of the Wellness Services offered unless otherwise under the authority of the appropriate court, tribunal or governmental authority.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Finhaat Wellness, its contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Application / Website or Service; (ii) Your breach of terms, conditions or provisions of the Agreement, or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim; (iii) any negligent or intentional wrongdoing on Your part; (vi) misrepresentations or fraudulent feedback that has adversely affected Finhaat Wellness or its Users; (v) User’ s actions resulting from the User’ s viewing of Content on Finhaat Wellness Application / Website, (vi) any legal or third party intellectual property right claim that may arise from the User Content; and (vii) any such claim or liability arising out of unauthorized use of Application / Website and content within the Application / Website.

TERMINATION

The Agreement will remain in full force and effect while You use the Application / Website in any manner or capacity.

You can terminate Your relationship with Finhaat Wellness at any time by providing ninety (90) days’ prior written notice at ops@aarogyahaat.com. We need this period to inactivate the User account, only after verifying if there are any ongoing or pending Services. Finhaat Wellness may require User to continue until the completion of an on-going Service should the situation warrant.

You understand that by sending out the notice in the manner prescribed above, You forgo Your relationship not only with the Application / Website and Application / Website bound information and Services, but also all Wellness services that You have been receiving during the term of the Agreement.

Finhaat Wellness may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice Finhaat Wellness’ s right to refuse Service to You without providing any reason.

Finhaat Wellness may terminate the Services for You without notice and with immediate effect where, in the sole opinion of Finhaat Wellness:

• Any material relating to personal and medical information furnished by a User appears to be untrue;
• A User is critical or unstable or dead;
• Provision of Services poses a risk to life of HSPs;
• Financial dues have not been paid by a User within requested time frame;
• User fails to cooperate with HSPs or Finhaat Wellness; or
• HSPs and/or other Finhaat Wellness resources are no longer adequate, available and/or suitable to accommodate User’ s health requirements.

Even after termination of Services, these General Legal Terms and payment terms will continue and survive termination.

MODIFICATIONS

Finhaat Wellness reserves the right to suspend or withdraw any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application / Website from You personally or all Users temporarily or permanently at any time and without notice. Finhaat Wellness may also impose restrictions on the length and manner of usage of any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application / Website for any reason. Finhaat Wellness may change or update the non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application / Website without notice to You. If the need arises, We may suspend access to such part of the Application / Website or close it indefinitely.

When Finhaat Wellness updates these Terms and Conditions, We will notify You through an email. Alternatively, Finhaat Wellness may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of these Terms and Conditions. If You do not agree to the changes, please do not access or use the Application / Website and the Services any further.

You will be notified of any changes to the Application / Website, or the Service delivery system on the Application / Website. Receiving these updates and acknowledging the same shall constitute consenting to these changes and continuing to use the Application / Website and associated Service(s).

Any modification, development, maintenance or updating of the Application / Website and any modification, transfer, license or assignment of the rights in the Application / Website shall be done by Finhaat Wellness as per its sole judgment and in its sole discretion.

APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION

The information provided under the Application / Website and these Terms and Conditions therein are governed by and to be interpreted in accordance with laws of India.

All the parties to the Agreement shall be bound to submit all disputes and differences howsoever arising out of or in connection with these Terms and Conditions to arbitration by one (1) arbitrator, mutually appointed by such parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Mumbai, Maharashtra. Subject to the aforesaid, the competent courts of Mumbai, Maharashtra shall have jurisdiction to grant urgent interim reliefs to the parties.

The parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with these Terms and Conditions.

MISCELLANEOUS

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 the 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.

All notices and other communications required or permitted hereunder to be given to a party to the Agreement shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such party’ s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:

If to Finhaat Wellness: At the registered address.

If to You: at the email address provided by You to Us when You registered as a User.

No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party to the Agreement claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties other than those contained or referenced in the Agreement.

Finhaat Wellness shall not be liable for any downtime or delay, or unavailability of the Application / Website caused by circumstances beyond Finhaat Wellness’ s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes, pandemic or other labour problems, internet service provider failures or delays, or denial of service attacks.

Finhaat Wellness shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application / Website.

You may not assign or sub-license, without the prior written consent of Finhaat Wellness, the rights, duties or obligations under the Agreement, in whole or in part, to any person or entity.

Finhaat Wellness reserves the right to modify any part of these Terms and Conditions and Privacy Policy at any time without giving You prior notice.

GRIEVANCE REDRESSAL MECHANISM

We have appointed a Grievance Officer to address any concerns or grievances that You may have regarding the Application / Website, Services, HSPs, payment issues, and queries or requests relating to Your Personal Information (as governed by the Privacy Policy).

If You have any such grievances, please write to Our Grievance Officer ops@aarogyahaat.com and Our officer will attempt to resolve Your issues in a timely manner.

Our registered office is situated at A/1111 – 16, Kailas Business Park, Veer Savarkar Road, Vikhroli- West, Mumbai- 400079.

GLOSSARY

“Application / Website” means the website (www.aarogyahaat.com) and mobile application (aarogyahaat-wellness).

“Counselor” means a qualified counseling or clinical psychologist.

“Doctor” means, individually and collectively, a General Practitioner and a Specialist.

“General Practitioner” means a doctor possessing an MBBS degree and licensed to practice medicine in India.

“Healthcare Service Providers” or “HSPs” are third parties including but not limited to clinic or hospital listed on the Application / Website, also, includes their duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, phlebotomist, pharmacist other incidental and ancillary healthcare service providers listed on the Application / Website and who interacts with Users as part of the Services.

“Health check up” A thorough physical examination; includes a variety of tests depending on the age and sex to make sure that there is nothing wrong with your health.

“HSP Registered Users” are Registered Users whose profile has a unique identifier attached to it including but not limited to a professional body registration number, UHID (unique health identification) or UMR (unique medical record). HSP Registered Users may not be permitted to access to certain areas of the Application / Website.

Network Provider means physician, hospital, clinic, diagnostic center or other health provider enlisted by Finhaat Wellness to provide medical services to a product member.

“Non-Registered Users” are users who have not registered themselves on the Application / Website. Non-Registered Users may not be provided access to certain areas of the Application / Website.

Nutritionist: A person who is expert in nutrition who helps people form healthy eating habits to improve health and prevent disease.

“Personal Information” shall have the same meaning as ascribed under the Privacy Policy.

“Platform” means the website www.aarogyahaat.com and/or mobile application named ‘aarogyahaat-wellness’, owned and operated by Finhaat Wellness private limited.

“Registered Users” are users who have successfully registered themselves with Finhaat Wellness through the Application / Website by providing information that is true and accurate, and who can log on to their account on the Application / Website by providing their username and password (“Primary User”) or whose profile has successfully been created on the Application / Website under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).

“Services” means the services provided by Finhaat Wellness which are Telemedicine Consultation, Home Health Services, Laboratory Testing, and One Circle Health Plan.

“Specialist” means a doctor possessing, at the least, an M.D., M.S., or equivalent qualification and licensed to practice medicine in India.

“Teleconsultation” or “Telemedicine Services” means the video or phone appointments between a You and the HSPs.

“Users” - Registered Users, HSP Registered Users and Non-Registered Users shall be individually or collectively referred to as Users.

Wellness Services means the services made available to you by Finhaat Wellness through the Platform.

DISCLAIMER

Finhaat Wellness hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Application / Website.

The Application / Website and Services provided by Finhaat Wellness is provided “as-is,” as available, 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). To the fullest extent permitted by law, Finhaat Wellness disclaims all liability arising out of the User’ s use or reliance upon the Application / Website, the Services, the Finhaat Wellness Content, representations and warranties made by Finhaat Wellness or any opinion or suggestion given or expressed by Finhaat Wellness or its contractors and agents (including HSPs).

Specifically, Finhaat Wellness disclaims any liability arising out of:

Any pre-existing medical condition; or

Any adverse drug reaction (due to any act or omission based on information found on the Application / Website, or provided to Finhaat Wellness at any stage); or

Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User; or

Any medical emergency that occurs, during the course of treatment, where the underlying cause is not traced directly to the negligence, or incompetence of the service provider.

Finhaat Wellness assumes no responsibility and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your Personal Information and User Content is used in compliance to applicable privacy laws.

Finhaat Wellness 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 Application / Website or the downloading of any material, data, text, images, video content, or audio content from the Application / Website. If a User is dissatisfied with the Application / Website, User’ s sole remedy is to discontinue using the Application / Website.

Neither Finhaat Wellness nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of Finhaat Wellness or its contractors and agents is proven.

Use of the Application / Website or any of the Services does not entail or include the provision of a computer or mobile device or other necessary equipment to access it. To use the Application / Website You will require internet connectivity and appropriate telecommunication links. Finhaat Wellness shall not have any responsibility or liability for costs incurred in procuring any equipment or telephone or other costs You may incur in connection with the use of the Application / Website.

FINHAAT WELLNESS MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION/ WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.

YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR FINHAAT WELLNESS TO VOUCH FOR THE VALIDITY, AUTHENTICITY AND HONESTY OF USER CONTENT. FINHAAT WELLNESS IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION/ WEBSITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.

FINHAAT WELLNESS DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION/ WEBSITE OR NOT.

FINHAAT WELLNESS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF FINHAAT WELLNESS DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.

HSP : Health Service Provider

**  Third Party Service Providers