1. NATURE AND APPLICABILITY OF THE TERMS

1.1  These Terms govern the use of Website, App, our WhatsApp / Chat facility and Services (as defined below) made available on or through https://healkin.com (“Website”) and/or the Healkin mobile application (“App”) and/or by contacting us on our WhatsApp contact number i.e., +91 91529 63001, by way of a call or chat (the Website, the App and WhatsApp contact number shall be collectively referred to as the “Platform” and depending on the usage, may refer to one or all together, the Website and/or the App and/or WhatsApp contact number) and describes the manner in which we shall treat your account while you are registered as a member with us. These Terms also include any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Supplemental Terms shall form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.

1.2 These Terms are applicable to those services made available by Healkin on the Platform and includes: (i) creation of your account on the Platform; (ii) the facility to request for doctors, nurses, medical equipment suppliers or any other medical/health care professional, organization or service provider (“Practitioners/Organization”) for the provision of services online and/or at your location; (iii) the facility to discover, view, and connect with Practitioners listed on the Platform and schedule appointments with a Practitioner of your choice through the Platform, including the ability for the Practitioner to share a quotation setting out the proposed date, time, duration and fees for the services. For certain services that may involve multiple sessions (such as physiotherapy or similar services), the scheduling of sessions, including dates and timings, may be mutually discussed and agreed between the User and the Practitioner through the Platform’s chat or communication features (“Direct Bookings”); and (iv) the facility to submit enquiries and requests for services whereby Healkin shares such information with one or more Organizations or Practitioners in the form of leads, for their independent follow-up with the User (“Lead Generation Services”) and which services you may choose/elect to avail. Direct Bookings and Lead Generation Services shall be collectively referred to as the “Services”. The Services may change from time to time, at the sole discretion of Healkin, and these Terms will apply to your visit to and your use of the Platform to avail the Services, as well as to all information provided by you on the Platform at any given point in time.

1.3 By visiting the Platform or using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.

1.4 By using the Services, you agree that you have read, understood, and are bound by, these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Platform or avail the Services.

1.5 By downloading the App or accessing the Website or using the Services, you irrevocably accept all the conditions stipulated in these Terms, and agree to abide by them.

1.6 Your access to use of the Platform and the Services will be solely at the discretion of Healkin.

2. NOTICE AND CONSENT

2.1 Before or at the time we collect your Personal Data, we will provide you with a clear and accessible notice specifying the categories of Personal Data proposed to be collected, the purposes for which such Personal Data is sought to be processed, the manner in which you may withdraw consent (where applicable) and the consequences of such withdrawal, the manner in which you may exercise rights under applicable DPDP Laws, and the details of our grievance redressal mechanism. Such notice may be provided through the Privacy Policy and/or contextual notices on the Platform.

2.2 Where processing is based on your consent, such consent shall be free, specific, informed, unconditional and unambiguous, and shall be limited to such purpose(s) as are specified in the relevant notice. You may withdraw your consent at any time in the manner described in the Privacy Policy; however, withdrawal of consent may affect or limit the provision of certain Services to you.

3. CONDITIONS OF USE

3.1 You must be 18 years of age or older to visit, register, or use the Platform or use the Services, in any manner. By registering, visiting and using the Platform or accepting these Terms, you represent and warrant to Healkin that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and avail the Services, and agree to and abide by these Terms.

3.2 Healkin does not knowingly collect or process Personal Data of children. Where you provide information in relation to a child, solely for the purpose of seeking Services for such child, you represent and warrant that you are the parent or lawful guardian of such child and that you are authorized to provide such information and to consent to the processing of such child’s Personal Data in accordance with the Privacy Policy and applicable laws.

3.3 Where required under applicable laws, we will obtain verifiable consent of the parent or lawful guardian before processing a child’s Personal Data and will not undertake processing that is likely to cause any detrimental effect on the well‑being of a child, including tracking, behavioural monitoring or targeted advertising of children. Where we process Personal Data of persons with disability who have a lawful guardian, we may rely on the verifiable consent of such lawful guardian, in accordance with applicable laws.

3.4 For the purposes of obtaining such verifiable consent, the parent or lawful guardian shall be required to provide such information or documentation as may be reasonably necessary to verify their identity and their status as the parent or lawful guardian. The parent or lawful guardian represents and warrants that any information or documentation provided for this purpose is true, accurate, and complete.

4. TERMS OF USE

4.1 User Account and Data Privacy

4.1.1 Collection, storage and processing of your Personal Data or other information for the usage of Platform and availing of Services shall be in accordance with the Terma and the Privacy Policy. By accessing the Platform, you hereby accept that you have read the Terms and the Privacy Policy.

4.1.2 When you submit any enquiry or request any Service from Healkin, you agree to provide Personal Data about yourself, or the patient, in case you require Service for another person, such as name, mobile number, date of birth, gender, weight, medical history, location, service requirements, preferred timing or duration of service, budget and other medical information relevant to the Services (“Enquiry Information”). In certain instances, you may be required to furnish identification proof to avail the Services and hereby agree to do so. We collect and process such Personal Data including the Enquiry Information only for lawful, specific and explicit purposes as described in the Privacy Policy and in accordance with applicable laws. A failure to comply with this request may result in your inability to use the Services.

4.1.3 By submitting Enquiry Information on the Platform, you expressly consent to Healkin sharing such Enquiry Information, in full or in part, with one or more relevant Organizations and/or Practitioners, including independent healthcare professionals, freelancers, medical equipment providers and other service providers, so that they may contact you directly (including through Platform chat) to discuss, offer, and/or provide their Services to you.

4.1.4 You acknowledge and agree that: (a) the same enquiry and Enquiry Information may be shared with, and responded to by, more than one Organization and/or Practitioner; and (b) Healkin acts solely as an intermediary for facilitating the provision of Services and, by sharing the Enquiry Information in accordance with this Agreement and the Privacy Policy, Healkin does not control, supervise, or assume any responsibility or liability for the manner in which such Organizations and/or Practitioners access, use, store, process, communicate with respect to, or otherwise deal with the Enquiry Information or interact with you.

4.1.5 Healkin may collect information relating to the devices through which you access the Platform and data related to your usage. Where such information constitutes Personal Data, it will be processed in accordance with the Privacy Policy and applicable laws. We may also generate or use aggregated, anonymized or de‑identified information that does not identify any individual, for improving the quality of the Services and to build new services; such aggregated or anonymized information is not treated as Personal Data.

4.1.6 The Platform allows Healkin 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. Healkin may send you text messages, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may withdraw your consent to receive such promotional or marketing communications at any time by using the unsubscribe mechanism in the relevant communication or by contacting us at [email protected], you agree and acknowledge that this may impact our ability to provide the Services (or a part thereof) to you. Withdrawal of consent shall take effect prospectively and shall not affect the lawfulness of processing carried out prior to such withdrawal and will not affect service communications that are necessary for providing the Services to you.

4.1.7 Healkin 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 Healkin or to any other person acting on behalf of Healkin.

4.1.8 Healkin may disclose Personal Data to third parties only to the extent necessary for the purposes described in Privacy Policy and in accordance with applicable law.

4.1.9 The User is responsible for maintaining the confidentiality of the User’s account, access information and password, if the User is registered on the Platform. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. You shall immediately notify Healkin of any actual or suspected unauthorized use of your account or password. Although Healkin shall not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to Healkin or such other parties as the case may be, due to any unauthorized use of your account.

4.1.10 If a User provides any information, including through feedback, that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Healkin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Healkin has the right to discontinue the Services to the User at its sole discretion. You shall be liable to indemnify Healkin for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Healkin or its other users.

4.1.11 Healkin may use such information collected from the User from time to time for the purposes of debugging customer support related issues.

4.1.12 In addition to the rights expressly set out under the Privacy Policy, and subject to applicable law, you have the following right:

Right to Nominate – You have the right to nominate, in such manner as may be prescribed under applicable law, any individual to exercise your rights as a data principal under applicable data protection laws in the event of your death or incapacity. The exercise of such rights by a nominee shall be subject to verification and such reasonable procedures as may be required under applicable law or by Healkin.

4.2 Listing Content and Disseminating Information

4.2.1 Healkin collects, directly or indirectly, and displays relevant information regarding the profile and practice of the Practitioners or Organisation on the Platform. Healkin takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Healkin screens and vets the information provided by the Practitioners and Organisations, each Practitioner or Organization remains solely responsible for ensuring that all information and documents submitted to Healkin are true, valid, current, and compliant with applicable laws and Healkin shall not be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

4.2.2 The Services are provided on an “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). Healkin does not provide or make any representation, warranty or guarantee, express or implied about the Platform or the Services. Healkin does not guarantee the accuracy or completeness of any content or information provided by Users on the Platform. To the fullest extent permitted by law, Healkin disclaims all liability arising out of your use or reliance upon the Platform, the Services, representations and warranties made by other users, the content or information provided by the Users on the Platform, or any opinion or suggestion given or expressed by Healkin or any other user.

4.2.3 The Platform may be linked to the website of third parties, affiliates and business partners. Healkin has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Platform. Inclusion of any link on the Platform does not imply that Healkin endorses the linked site. You may use the links and the Services at your own risk.

4.2.4 Healkin 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 Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform.

4.3 Booking an Appointment

4.3.1 Healkin shall endeavour to provide the User a confirmed appointment upon booking through the Platform. The Service shall be deemed to be confirmed only upon Healkin sharing a booking confirmation to the User through an email, WhatsApp message, SMS or in-app notification. However, Healkin shall not be responsible if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.

4.3.2 Healkin reserves the right to share your information with the Practitioner as necessary.

4.3.3 The results of any search performed by you on the Platform for Practitioners should not be construed as an endorsement by Healkin of any such particular Practitioner.

4.3.4 Without prejudice to the generality of the above, Healkin is only an intermediary/aggregator that enables you to identify and avail services from participating Practitioners or Organizations. Healkin is not involved in providing any healthcare and/or medical advice and/or diagnosis and hence is not responsible for any interactions between the User and the Practitioner. You understand and agree that Healkin will not be liable for:

1. your interactions and associated issues with the Practitioner;
2. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards you;
3. any medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by you due to a failure on the part of the Practitioner to provide agreed Services;
5. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff; or
6. cancellation by the Practitioner or rescheduling of booked appointment.

4.3.5 Healkin shall not be responsible or liable for any failure of a Practitioner to attend a confirmed appointment, including instances of no-show. In the event of a no-show or unavailability of a Practitioner, the you may, if required, cancel the existing booking in accordance with these Terms and may choose to search for and request services from another Practitioner or Organization by submitting a fresh request through the Platform. Healkin does not guarantee that a substitute Practitioner will be identified or made available, and any substitution or alternative arrangement, if offered, shall be on a best-efforts basis only and subject to the availability of Practitioners or Organizations willing and able to provide the requested services.

4.3.6 Healkin does make any representation, warranty or guarantee, express or implied, regarding the availability of a specific Practitioner during the entire duration for which the User avails the services of such Practitioner. Healkin reserves the right to change the Practitioner made available to a User for providing services or provide substitutes, from time to time.

4.3.7 You may provide feedback about your experiences with the Practitioner; however, you shall ensure that, the same is provided in accordance with applicable law. However, Healkin shall not be obliged to give effect to the content of your feedback, such as suggestions for delisting of a particular Practitioner from the Platform.

4.3.8 Role as a Connector: Healkin is a platform that connects you with Practitioners and Organizations for the Services. Healkin serves only as a facilitator and does not employ or control the Practitioners or Organizations.

4.3.9 Limitation of Responsibility: Healkin is not responsible for any wrongful acts, misconduct, theft, or illegal activities conducted by Practitioners. In the event of such incidents, Healkin’s responsibility is only limited to providing the necessary documentation and records relating to the Practitioner that are maintained by Healkin.

4.3.10 User’s Responsibility in Legal Matters: If there is an incident involving theft, misconduct, or unlawful activity by a Practitioner at the User’s premises, Healkin shall not be held liable for any damages or losses resulting from such acts. The User must report such incidents to Healkin within 12 hours of the occurrence.

While Healkin will make reasonable efforts to assist the User in resolving issues, including providing any necessary documentation for legal support, it does not assume liability for the actions of the Practitioner or Organization. It is the sole responsibility of the User to initiate and pursue any legal action against the Practitioner, and all related costs and legal fees shall be borne by the User.

4.3.11 Documentation for Legal Support: Healkin may provide documentation, as required by authorities, to assist Users in legal formalities. However, Healkin does not cover or take responsibility for any legal fees or costs incurred by the User in pursuing claims against a Practitioner.

4.3.12 Service Sustainability Disclaimer: Healkin does not guarantee the complete sustainability, availability, or uninterrupted operation of its service. Consequently, Healkin shall not be held responsible or liable in any manner for any service disruptions or limitations.

By using Healkin’s platform, you acknowledge and agree to these terms, accepting that Healkin’s role is solely to facilitate connections with independent healthcare providers and that Healkin bears no responsibility for the actions or conduct of such third-party providers.

4.4 Cancellation and Refund Policy

4.4.1 In case of the unavailability of, or cancellation or no-show by a selected Practitioner booked through Direct Bookings, Healkin shall not be responsible or liable for such unavailability, cancellation, or no-show. The User may, in accordance with these Terms, cancel the existing booking and may choose to submit a fresh request through the Platform to search for another Practitioner or Organization. Any identification or provision of a substitute Practitioner, if offered, shall be on a best-efforts basis only, shall be subject to availability, and Healkin does not guarantee that a substitute Practitioner will be identified or made available.

4.4.2 If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and Healkin shall be entitled to take any legal action, depending upon the gravity of the matter.

4.4.3 In the event a User raises any concerns regarding the inappropriateness of a particular consultation to Healkin, the User agrees that the refund (only in case of Direct Bookings) or any other outcome for any such concerns raised by the User will be subject to a detailed review of the said concerns by Healkin as per Healkin’s internal policies.

4.4.4 In all matters related to refund and settlement under these Terms in respect of Direct Bookings, Healkin shall decide the matter at its sole and absolute discretion after detailed review of the matter and taking into account all the involved parties’ information. The decision of Healkin shall be final in this regard.

4.4.5 In cases where you obtain services from any Practitioner or Organization through Lead Generation Services and you make payments directly to such Practitioner or Organization (whether online or offline), any cancellations, refunds, discounts, credits or other commercial adjustments shall be governed solely by your independent arrangements with such Practitioner or Organization. Healkin shall not be responsible for, and shall not entertain, any requests for cancellation, refund or chargeback in respect of payments made by you directly to any Practitioner or Organization outside the Platform payment mechanisms for Direct Bookings.

4.5 Display of Patients’ Feedback

4.5.1 The User may share any patient stories or recommendations relating to Practitioners (“User Content”) on the Platform and you shall be solely responsible for the User Content. As a platform, Healkin does not take responsibility for User Content and its role with respect to User Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Healkin shall in no circumstances be liable or responsible for the User Content.

4.5.2 Healkin shall not be liable to pay any consideration to you for re-publishing any content across any of its platforms.

4.5.3 The User hereby agrees not to post or publish any content on the Platform that: (a) infringes any third-party intellectual property or privacy rights; or (b) violates any applicable law or regulation. Healkin, at its sole discretion, may choose not to publish your content in abidance with the applicable law and these Terms.

4.5.4 Healkin shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all User Content, except as required by applicable law.

4.5.5 You agree that Healkin may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

1. obtaining feedback in relation to the Platform or the Services;
2. obtaining feedback in relation to any Practitioners;
3. resolving any complaints, information, or queries by Practitioners regarding your User Content;
4. confirmations and updates relating to your enquiries and Services; and
5. promotional and informational messages, subject to applicable law.

and you agree to provide your fullest co-operation further to such communication by Healkin.

5. DUTIES OF USER

5.1 The User shall be responsible for the safety and security of the Practitioner while on duty at the User’s location.

5.2 The Practitioner shall report for providing the Services at the address provided by the User while registering on the Platform. In case of Direct Bookings, the Practitioner should not be moved to any other location per the User’s requirement, without prior permission from Healkin.

5.3 Gifts and tips to the Practitioners should be avoided by the User. The User shall not disburse any loan or have financial dealing with the Practitioner. In case of such a transaction, Healkin shall not be held responsible in any manner. No payments are to be made to the Practitioners directly in case of Direct Bookings. The User acknowledges and confirms that any such payments in case of Direct Bookings made directly by the User to the Practitioner without the prior written consent of Healkin shall be at the risk of the User and without recourse to Healkin.

5.4 In case of Direct Bookings, the User shall, under no circumstances, avail Services of the Practitioners directly by bypassing the Platform. If any such instance is reported or comes to the knowledge of Healkin, the account of User shall be suspended with immediate effect.

5.5 The User shall be responsible for the procurement of all medicines and consumables required for the User’s care.

5.6 The User shall not discriminate against the Practitioners on any ground, including on the basis of race, religion, caste, national origin, disability, sexual orientation, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept Services based on any of these characteristics. If a User has any special or specific requirements, it may be specified at the time of booking.

5.7 The User shall treat all the Practitioners with courtesy and respect and provide them with a safe, clean, and appropriate location to perform the Services. In the event of an abuse by the User is reported by a Practitioner, Healkin reserves the right to terminate the Services and the account of User may be suspended with immediate effect.

5.8 The User shall share all relevant documents or reports to the Practitioner promptly upon request.

5.9 The User agrees that the Services being availed by the User through the Practitioner are prescribed by a medical practitioner duly qualified under law and the User undertakes the responsibility of services and risks involved thereto. You acknowledge and agree that Healkin does not guarantee any recovery or outcome from the Services offered and accordingly, the payment of Fees, in case of Direct Bookings, shall not be dependent upon the extent of recovery/outcome from the services availed from the Practitioners.

5.10 The User shall not persuade the Practitioners to prescribe drugs (including higher dose strength) that do not conform to the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation, 2002 under the Telemedicine Guidelines.

5.11The User understands and agrees to not use the Services for any acts that are considered to be illegal in nature.

5.12 The User shall not suppress any material information or impersonate any other person while providing Personal Data for any document, unique identifier, proof of identity, or proof of address.

5.13 The User shall not register a false or frivolous grievance or complaint with Healkin or with the Data Protection Board of India.

5.14 While exercising the right to correction or erasure of Personal Data, the User shall furnish only such information as is verifiably authentic.

6. FEES AND PAYMENT TERMS

Direct Bookings

6.1 In respect of the Services that you seek to avail through Direct Bookings on the Platform, Healkin shall facilitate the collection and disbursements of payments/charges/fees to be made to the Practitioner. You shall be required to pay all amount indicated at the time of booking towards (a) Services you may avail, (b) out of pocket expenses incurred by the Practitioner in respect of the Services, and (c) expenses arising out of the purchase of goods required or utilised for the performance of the Service. In addition to the charges payable, Healkin shall be entitled to charge a convenience or a platform fee for facilitating the booking including taxes as required under applicable law (collectively “Fees”).

6.2 Healkin shall notify you of the applicable Fees, and payment methods at the time of booking. Generally, you may make payments for Services through credit cards, debit cards, net banking, wallets or UPI. We have the right to modify and otherwise restrict the modes of payment available to you.

6.3 Healkin reserves the right to reasonably amend the Fees at any time at its sole discretion. A change in Fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform.

6.4 You acknowledge and agree that Fees applicable in certain geographical areas may increase substantially during times of high demand.

6.5 You shall pay the Fees for the requested Services in advance and as indicated at the time of confirming the booking. We reserve the right to cancel an appointment (whether ongoing or otherwise) if the payments (due and payable) are not made on time.

6.6 You acknowledge and agree that Healkin does not guarantee any recovery or outcome from the Services offered and accordingly, the payment of Fees shall not be dependent upon the extent of recovery/outcome from the services availed from the Practitioners.

6.7 We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of payments will be subject to the terms and policies of such Payment Processor in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful payment, the money debited shall be credited in accordance with the terms of the Payment Processor.

Lead Generation Services

6.8 In respect of Lead Generation Services, Healkin solely facilitates the discovery, listing, and sharing of a User’s Enquiry Information with one or more Organizations and/or Practitioners. Healkin’s role is strictly limited to enabling such introductions and lead transmission, and Healkin does not, and shall not, have any role in the negotiation, discussion, quotation, pricing, agreement, performance, quality, fulfilment, delivery, supervision, or payment of any services that a User may subsequently obtain from any Organization or Practitioner.

6.9 Any discussions, quotations, negotiations, contracts or arrangements, service delivery, fulfilment, and payments for such services are entered into directly and exclusively between the User and the relevant Organization or Practitioner, and Healkin is not a party to, and shall not be deemed to be a party to, such transactions or arrangements. The User expressly acknowledges that Healkin does not act as an agent, representative, partner, employer, or guarantor of any Organization or Practitioner in relation to such services.

6.10 Accordingly, Healkin does not control, supervise, direct, endorse, guarantee, or assume any responsibility or liability for the actions, omissions, conduct, quality, pricing, safety, legality, suitability, or outcomes of any services provided by any Organization or Practitioner, nor for any disputes, claims, complaints, refunds, chargebacks, or payment-related issues arising between the User and such Organization or Practitioner. All such matters shall be resolved directly between the User and the relevant Organization or Practitioner, without recourse to Healkin.

7. REPRESENTATIONS AND WARRANTIES

7.1 You represent and warrant that all information that you provide in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.

7.2 You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.

7.3 You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:

1. except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from or license the Services and/or the Platform;
2. use the Platform to transmit any data, or send or upload any material that contains viruses or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
3. use the Platform or the Services in (i) any unlawful manner, (ii) for fraudulent or malicious activities or (iii) in any manner inconsistent with these Terms;
4. decompile, reverse engineer, or disassemble the Platform; or
5. violate applicable laws in any manner.

7.4 You warrant that you shall not engage in any activity that interferes with or disrupts the Services.

7.5 You shall not attempt to gain unauthorised access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of our servers, or through the Platform by hacking, password mining, or any other illegitimate means.

7.6 You shall not directly or indirectly, in any capacity, solicit, attempt to influence, engage, approach, or accept or encourage the solicitations or approach of, a Practitioner from whom you have availed the services, to either terminate or otherwise cease their registration on or engagement with Healkin, or, in case of Direct Bookings avail services (which are same as or similar to the Services) independently from the Practitioner, without booking such services through your account with Healkin. You agree that this limitation is reasonable and fair and is necessary for the protection of the privacy and security of Practitioners and the role of Healkin as an aggregator.

8. TERMINATION

8.1 Healkin reserves the right to terminate these Terms, with or without notice, and to exercise any other remedy available under law, including suspending the User’s account in cases where:

1. the User breaches any terms and conditions of these Terms;
2. a third-party reports violation of any of its rights as a result of your use of the Services;
3. Healkin is unable to verify or authenticate any information provide to Healkin by the User;
4. foul language/misbehaviour with the Practitioner by the User;
5. directly availing of Services in case of Direct Bookings from the Practitioner by bypassing the Platform;
6. Healkin has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of the User; or
7. Healkin believes in its sole discretion that User’s actions may cause legal liability for such User, other users or for Healkin or are contrary to the interests of the Platform.

8.2 Upon termination, the User shall no longer have access to data, messages, files and other material kept on the Platform by the User. If the arrangement is terminated while Services are ongoing, then the termination shall take effect upon completion of the Services.

9. LIMITATION OF LIABILITY

9.1 The User agrees, understands and expressly acknowledges that Healkin is only an intermediary or an aggregator that (a) facilitates the User in booking Services as per their requirement from Practitioners who are associated with Healkin as independent third-party professionals through Direct Bookings; and (b) operates as a lead generation and discovery platform whereby Healkin shares the User’s Enquiry Information with one or more independent Organizations and/or Practitioners who may then contact the User directly through Lead Generation Services. Such Practitioners and Organizations are not on the rolls of Healkin and there exists no employer – employee, principal–agent, partnership, joint venture or similar relationship between Healkin and the Practitioner. If you avail the Services from any Practitioner through the Platform, such agreement is solely between you and the Practitioner; Healkin not being a party to any such agreement. The Services are provided by the Practitioners who are independent professionals and Healkin has no role in the actual provision/delivery of the Services which is made available on an “as available” basis without warranty of any kind, express, implied, statutory, or otherwise, including without limitation the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. The User agrees that the services being availed by the User through the Practitioner are prescribed by the User’s medical practitioner duly qualified under law. Without limiting the foregoing, we make no warranty that the Services will meet your requirements or expectations.

9.2 No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms herein.

9.3 In no event, including but not limited to negligence, shall Healkin, or any of its directors, officers, employees, contractors, agents or content or service providers (collectively, the “Protected Entities”) be liable for any costs/expenses/compensation/reimbursement or damages (howsoever called), whether direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary, directly or indirectly related to, (a) the use of, or the inability to use, the Platform or the Services; (b) the User’s provision of information via the Platform, even if such Protected Entity has been advised of the possibility of such damages; (c) any service failures, non-performance, delays, cancellations, rescheduling, negligence, malpractice, misconduct, errors, or omissions by any Practitioner or Organization; (d) any disputes, claims, refunds, chargebacks, or disagreements relating to fees or payments agreed between the User and any Practitioner or Organization in case of availing Services through Lead Generation Services; and (e) any loss, injury, death, harm, or damage arising out of or in connection with services rendered by, or interactions with, any Practitioner or Organization. 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 Platform exceed, in the aggregate INR 500/- (Indian Rupees Five Hundred only).

9.4 In no event shall the Protected Entities be liable for:
provision of or failure to provide all or any Service by Practitioners to the User; or
b. the loss of any User Content and any other data in connection with your use of the Platform.

9.5 Practitioners and Organizations are solely liable and responsible for the services that they offer or otherwise provide to the Users. Protected Entities do not employ the Practitioners and Organizations, nor are Practitioners and Organizations agents, contractors, or partners of Healkin. The Practitioners do not have the ability to bind or represent the Protected Entities.

10. INDEMNITY

10.1 You shall indemnify, defend at our option, and hold us, our group companies, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to the Platform, use of the Services, violation of these Terms, or any violation of these Terms by any third party who may use your Account.

11. RETENTION AND REMOVAL

11.1 Healkin may collect, process and store Personal Data collected from the User through the Platform only for as long as is necessary for the purposes for which it was collected, or for such longer period as may be required to comply with any legal, regulatory, contractual or legitimate business requirements, in accordance with the Privacy Policy and applicable laws.

11.2 Without prejudice to the generality of the above, Healkin shall retain such logs and processing records relating to the Platform and the Services for at least the minimum periods required under applicable laws, including for security, audit, incident investigation and compliance purposes.

12. APPLICABLE LAW AND DISPUTE SETTLEMENT

12.1 These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

12.2 Any dispute, claim or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of these Terms to arbitrate, or your use of the Platform or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator, in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. 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.

13. GRIEVANCE REDRESSAL

13.1 If you have any questions concerning Healkin, the Platform, these Terms, the Services, or anything related to any of the foregoing, Healkin customer support can be reached at the following email address: [email protected] or via the contact information available from the following hyperlink: https://healkin.com/contact/.

13.2 In accordance with the applicable laws, if you have any grievance with respect to the Platform or the service, including any discrepancies and grievances with respect to processing of information, you can contact our contact person through our Platform or write an email at [email protected].

14. INTELLECTUAL PROPERTY

14.1 The information that is collected by Healkin directly or indirectly from the User, including the Enquiry Information, shall belong to Healkin. Copying of the copyrighted content published by Healkin on the Platform for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Healkin reserves its rights under applicable law accordingly.

14.2 Healkin authorizes the User to view and access the content available on or from the Platform solely for ordering, receiving, delivering and communicating only as per these Terms. The contents of the Platform, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Platform, are the property of Healkin and are protected under copyright, trademark and other laws. User shall not modify the content or reproduce, display, publicly perform, distribute, or otherwise use the Healkin content in any way for any public or commercial purpose or for personal gain.

15. USER CONTENT

15.1 Healkin specifically prohibits any other use of the Platform, and all Users agree not to do any of the following, including without limitation while providing the User Content (defined below):

1. not use the Platform or the services therein in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others, (c) that belongs to another person and to which the user does not have any right or has been copyrighted by another person, (d) making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files (e) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever, (f) harm minors in any way, (g) deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature, (h) impersonate another person or entity, (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Healkin’s computer systems or site or Healkin’s users, customer’s computer systems or site, (j) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
2. Users are also prohibited from violating or attempting to violate the security of the Platform, directly or indirectly, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Healkin will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3. Take any action that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure;
4. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform; or
5. Aggregate, copy or duplicate in any manner any of Platform content or information available from the Platform.

16. SEVERABILITY

16.1 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 these Terms 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.

17. RELATIONSHIP

17.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (“Information”) that may be available on the Platform (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 Healkin 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.

17.2 It is hereby expressly clarified that, the Information that you obtain or receive from Healkin, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform 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 Platform. We do not provide or make any representation, warranty or guarantee, express or implied about the outcome/recovery as a result of using the services of the Practitioners. 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.

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

18. THIRD PARTY SERVICES

18.1 The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third Party Services”) and contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided it and that use of such Third Party Services is solely at your own risk.

18.2 We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Should you avail a Third Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing the Third Party Services. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

19. MISCELLANEOUS

19.1 Changes to Terms: The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Platform. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use the Platform once it has been posted.

19.2 Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to [email protected].

19.3 Force Majeure: We shall have no liability in the event the Services are disrupted or delayed by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.