|| UpkaR ||

Terms & Conditions

These Terms and Conditions of Use (hereinafter referred to as “Terms”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms are also governed by all applicable laws including but not limited to Indian Contract Act, 1872. These Terms being an electronic record does not require any signature.

This Website www.UpkaRassist.org (“Website”) and UpkaR (“Mobile Application”) (collectively referred to as Digital Platform) is coined, adopted, maintained and operated by UpkaR Assist, incorporated under Ministry of Micro,Small and Medium Enterprises(MSME), Government of India, having its registered office at, 16, DebalayApartment, Dunlop, Ashokgarh, North 24 Parganas, Kolkata,West Bengal, Pin code 700018(hereinafter referred to as “UpkaRAssist”).
UpkaR Assist is set up to leverage the power of digital technology to empower healthcare providers and consumers in India.
UpkaR Assist is a digital platform that allows patients to book online appointment with the doctors of different specialities. Doctors as well as patientsand diagnostic and pathological laboratories registered on this platform can handle online appointments anytime, anywhere. Store and access all of his/her medical records securely online. UpkaR Assist also allows doctors to provide a prescription to the patients online if he/she wishes.

This Agreement (hereinafter defined) sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to use the Website/Mobile Application and the Services (hereinafter defined) available thereunder.

1. UpkaR Assist reserves its rights to modify, update, change, edit, alter, amend, revise or substitute (collectively “Revisions”) the Agreement from time to time. Any Revisions made will be effective immediately upon their posting on the Digital Platform.

Any material changes will be notified to the User(s) either through the Services, email(s), SMS or in-app push notifications. User(s) are encouraged to review these Terms periodically for any updates or Revisions. User(s) continued use of the services consequent to any Revisions, shall be deemed acceptance of such Revisions/revised terms and conditions.

Before accessing or creating User Account (hereinafter defined) on the Digital Platform, User(s) are advised to carefully read these Terms and the Digital Platform’s Privacy Policy available at www.UpkaRassist.org The Terms and the Privacy Policy are collectively referred to as “Agreement” herein. By accessing/browsing the Website/ Mobile Application for any information and/or availing the Services, the User(s) hereby acknowledge that they have read, understood and accept all the terms and conditions of the Agreement and agree to abide by the same. If the User(s) do not consent or accept the terms and conditions of the Agreement they are advised to forthwith disengage from the Website/Mobile Application and stop the access/use thereof.
To use the UpkaR Assist Service you must register yourself as a member on the Website/mobile applications. The agreement is made in the form of an electronic contract that establishes the terms which bind legally and one must accept the Site/app use and become its member. You agree to submit your personally identifiable information by using the Service which can be used for collecting, processing, displaying and use the service for providing the Service.
UpkaR Assist is not responsible for any personal information shared by you intentionally or unintentionally.
By using this digital platform, you represent and warrant that you have the right, consent, authority and legal capacity to post the personal information of the member for whom this digital platform is being searched.
This agreement applies to you whether you are a healthcare provider/medical practitioner.
This agreement also applies to you whether you are a patient or his/her affiliates/representatives and searching for a doctor/health care provider through this digital platform for consultation.
This agreement also applies to the patological laboratories enrolled in UpkaR Assist to render their services to users of UpkaR Assist.
In addition to this, this agreement also applies to the other users of the website as well.
Moreover, this agreement also applies to the services made available by UpkaR on the website and mobile apps to the users including the following:
For other users: Facility of creating and maintaining personal health profile, search for doctors or practitioners by name, speciality, chamber/ clinic name, degrees, ailment, any keyword, location, time available by UpkaR Assist, to make appointments with doctors, engage with the doctors and share their data.
The services associated with the UpkaR Assist may change from time to time at the sole discretion of UpkaR Assist, and the Agreement will remain to be associated with the visit or the use of the digital platform for availing the services and the information provided by the patients or users on the digital platform at any given point of time.
Moreover, this agreement also defines the terms as well as conditions under which you are allowed to use the UpkaR Assist digital platform and specify the manner in which we shall treat your account information if you are a registered member.
If you want to discontinue our services at any point of time you need to withdraw this consent and delete your account from UpkaR Assist UpkaR Assist the digital platform.
UpkaR Assist reserves the right to (i) accept or reject the request of the User(s) to create an account, (ii) terminate the account of registered User(s) for unauthorized use, or (iii) refuse the Services offered through this Digital Platform due to non-availability of Services .

Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 and subject to acceptance by UpkaR Assist is permitted to create/ access User account to avail the available Services. Minors are prohibited from accessing or creating User Account; however Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws. Services are available only for the citizens of India and in the Territory. Users’ may please note that certain Services may be available or limited to only particular area within the Territory

“Agreement” means these Terms and Conditions of Use, together with Privacy, Policy (available at www.UpkaRassist.org), and additional terms wherever applicable,
“Digital Platform” or “Platform” collectively refers to the Website and Mobile Application,
“ UpkaR Assist” should imply the website www.UpkaRassist.org and the mobile app UpkaR, collectively or singly as the context may require.
“EMR” means Electronic Medical Record,
“HCP” means Healthcare Professionals who are entitled to practice medicine in India,
“Health Vault” means a virtual locker (identified as “My Prescriptions” or “My Reports” or such other nomenclature in the Mobile Application) where User(s) can store their health records/reports including but not limited to EMR,
“HSP” means Healthcare Service Provider providing pathology, radiology and any other diagnostic services, as the context may require and is a Third Party Service Provider,
“Emergency services” shall include but not limited to those medical services required for the immediate diagnosis and treatment of medical condition of an individual and if no immediate attention or treatment is given may lead to serious physical or mental disability, injury or other serious consequences,
“Mobile Application” means UpkaR mobile application which User(s) can download from Google Play Store or Apple App Store,
“Party” or “Parties” shall mean HCP, HSP, User(s) collectively or individually as the context may require
“Services” means healthcare services including but not limited to (a) consultation with HCPs (b) Pathology laboratory services (c) health content services (d) health fitness services (e) medication reminder services, available from time to time through the Digital Platform, and rendered either directly by UpkaR Assist or respective Third Party Service Provider(s),
“Third Party/Parties” means any party other than UpkaR Assist and the User(s),
“Third Party Service Provider(s)” means those persons or entities including but not limited to HCPs/HSPs who are listed on the Digital Platform and who provide the available Services by accepting the requests made by the User(s) and for which such Third Party Service Provider are alone liable for such accepted Services,
“Territory” means the Republic of India,
“Unregistered User” means any visitor to this Digital Platform,
“User(s)” means any person competent to contract under Indian Contract, 1872 and created User Account. User(s) may be referred to as You, Your, him, her they, as the context may require,
“User Account” means the account created by the User(s) (pursuant to the acceptance by UpkaRAssist), on the Digital Platform by submitting their details as is required, for availing or providing the Services,
“Website” means www.UpkaRassist.org/

In this Agreement,

The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall not be used to interpret the provisions of this Agreement.
The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this Agreement mean and refer to this Agreement and not to any particular Clause of this Agreement. The terms “Clause” or “sub-clause” mean and refer to the Clause or sub-clause of this Agreement.
Any reference to any statute or statutory provision shall include: (i) all subordinate legislation made from time to time under that provision (whether or not amended, modified, re-enacted or consolidated), and (ii) such provision as from time to time amended, modified, re-enacted or consolidated (whether before or after the date of this Agreement) to the extent such amendment, modification, re-enactment or consolidation applies or is capable of applying to any transactions entered into under this Agreement and (to the extent liability thereunder may exist or can arise) shall include any past statutory provision (as from time to time amended, modified, re-enacted or consolidated) which the provision referred to has directly or indirectly replaced; and
No rule of construction or interpretation shall apply to the disadvantage or detriment of UpkaR Assist for having control or being responsible for the preparation of this Agreement.

The Digital Platform can be browsed and accessed by Unregistered User(s) as well as User(s)
User(s) acknowledge that Services being rendered by Third Party Service Provider(s) are governed by respective Third Party Service Provider(s) terms and conditions. User(s) agree to read, understand and accept such terms and conditions available on respective Third Party Service Provider(s) website/mobile application(s) before booking/ordering/availing Services from such Third Party Service Provider(s).
UpkaR Assist shall not be responsible or liable, in any way, for any act or omission on part of any Third Party Service Provider(s).

For availing any Services on the Platform, the User(s) need to create a User Account by entering certain information including but not limited to (a) Name, (b) Age, (c) Gender, (d) valid mobile number
UpkaR Assist subject to the terms of this Agreement may accept the User Account creation request. The creation of User(s) Account shall be at the sole discretion of UpkaRAssist.
The User(s) are requested to carefully read the Agreement before browsing or accessing the contents, or creating a User Account, on the Digital Platform and gain knowledge as to how the information shared by them may be stored, protected, processed, used, shared and disseminated by UpkaRAssist.
User(s) can rectify any discrepancies (except for change in Mobile Number) in their User Account information by reporting the same to UpkaRAssist. Notwithstanding the foregoing, UpkaR Assist may reject the request of the User to edit, update or modify the User’s Account if such request is violative of applicable laws or in breach of these Terms.

The terms in this clause apply to all users of UpkaR Assist.

The personal information or the sensitive personal data/information of the usersare protected and are reproduced in the privacy policy.

The UpkaR Assist, its services may gather information related to the devices through which the website and mobile app is accessed by the users. The collected information might be used for enhancing the services of the UpkaR Assist and for building new services.
The UpkaR Assist website/app might have access to the personal phone number, email of the registered users for communication purpose for providing better service and obtaining user feedback in relation to the services.
UpkaR Assist shall not be responsible for any authenticity of the personal information entered by the users in any manner.
The user is solely responsible to maintain the confidentiality of the access information of the account such as a password. Along with this, the user can notify the UpkaR Assist immediately for any suspected unauthorized use of the account password or username.
If the user-provided information is fake, untrue, or incomplete then UpkaR Assist has the reasonable grounds to suspect that such type of information is incomplete or untrue for discontinuing the services to the user at its sole discretion.

UpkaR Assist collects and displays information related to the doctors’ profile on the website and mobile apps such as qualification, specialisation, medical council registration number, visiting hours, location, fees, etc. UpkaR Assist takes into account the reasonable efforts for ensuring that such information is updated within regular intervals of time.
UpkaR Assist does not guarantee the completeness or the accuracy of any content or information provided by the patients or users on the website and apps.
UpkaR Assist may be linked to the websites of third parties, business partners, and affiliates and UpkaR Assist is also not liable for content, reliability and validity, made through this website.
UpkaR Assist also assume no responsibility and shall not be solely responsible for any damage to the viruses, that might infect the equipment of the users on account of the user's access to the website browsing or downloading any material, such as image, video, audio, text from the website.

The Registered User(s) may access or avail the following Services,
a. Book an appointment for consultation with Healthcare Professionals (HCP);
b. Registered HCPs create their profile and accept booking to provide consultation to patients;
c. Book an appointment for Diagnostic Services /Pathology Laboratory Services.
At the time of availing the Services the User(s) will be made available the information regarding the HCP and Diagnostic Service providers who are providing the chosen services and the User(s) may opt the services from the desired Service Providers.
User(s) are required to make requisite payment of Service Fees/Charges as are fixed and hosted on the Platform for availing the Services as per the specified payment mechanism.
Appointment cancellation and refund policy are described in “Cancellation and Refund “ below.
UpkaR Assist at its discretion can provide or facilitate the Services in the following manner,
a. against payment of Service Fees/Charges
b. free of charge
c. by offering some discounts/concessions
d. against redemption of points accrued by the User(s)

Book an appointment for consultation with Healthcare Professionals

a. UpkaR Assist lists the profile of HCPs on its Platform after due verification of their credentials.

b. User(s) may search the Platform for HCPs for the available specialties/ therapeutic areas.

c. From the results displayed the User(s) may book an appointment on the Platform for the Services of HCPs as per the available times slot after paying the required fees online. At present there is no provision of onsite/offline/cash payment facility.

d. Pursuant to booking UpkaR Assist will send a communication to the User(s) informing the booking details.

e. The User(s) is/are required to visit the Clinic of HCP at least 15 minutes prior to the Schedule appointment.

f. After booking an appointment rescheduling is not possible . In such cases user has to cancel the previous booking and has to make a fresh appointment. Appropriate cancellation fees will be applied as mentioned in “Cancellation and Refund” policy below.

g. User(s) may at the time of booking appointment permit HCP’s to access their“Health Vault”

h. Pursuant to Your consultation, an EMR/Consultation Summary will be created instantly, the details of which will be shared to User(s) Files . User(s) are advised to review the same immediately and should they observe any discrepancies, the same should be notified/reported immediately and in any case not later than two days of receipt, else the details in the EMR/Consultation Summary shall be treated as final.

Disclaimers

a. any schedule appointment is subsequently cancelled by HCP or

b. the HCP is not available for providing the Services on the schedule date and time of appointment.

UpkaR Assist shall be under no obligation to arrange for fresh appointment. However, the user will get full refund of the booking amount as “Cancellation and Refund” policy mentioned below.

a. the User(s) chooses any wrong specialty or therapeutic area for consultation,

b. the User(s) gives wrong or unauthorized information.

UpkaR Assist shall not be responsible or liable for any consequences arising therefrom.

III. User(s) acknowledge and agree that the concerned HCP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the treatment, prescription, medication (collectively referred to as “HCP services”) or (ii) for medical negligence arising out of such HCP services. User(s) acknowledge that UpkaR Assist shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on UpkaR Assist or any other person/party.

IV. The display of any search results on the Platform is on “as is” basis (as per the details made available by the HCPs).

V. User(s) acknowledges and agrees that Services that UpkaR Assist is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between UpkaR Assist and the User.

VI. “Health Vault” is a secure virtual password protected folderwhere User(s) can store their prescriptions, health reports/records. User(s) at their sole discretion give access to their Health Vault to HCPs or Third Party(ies) for viewing their health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. UpkaR Assist shall not be liable for any loss/damages suffered by a User due to unauthorized use of the User’s health data by persons to whom access is given by the User.

a. After registration the HCP has to create his profile to be displayed to Users .
b. HCP to provide details of his/her speciality, details of Chamber, Preferred schedules to take appointments.

a. UpkaR Assist lists the profile of HSPs on its Platform.

b. HSPs listed on UpkaRAssisthas to specify services provided by them.

c. HSPs listed on UpkaR Assist has to mention their serviceable area according to postal code.

d. After a HCP ordrs for diagnostic services to an user(patient), UpkaR Assist will send anonymous service requests to all such HSPs who could provide service to that user according to the users location.

e. HSPs upon receiving service request notification has to quote their best price and all such quotation will be displayed on user app.

f. User may select any HSP and book an order with a nominal non refundable fees payable to UpkaR Assist as service charge. On payment of booking service fees UpkaR Assist will inform the selected HSP with contact details of the user.

g. Selected HSP will then contact the user regarding further action.

h. User (s) may select the desired test(s) and may opt to visit HSP (s) facility for giving the test(s) sample or request for home collection services as per his/her convenience.

i. User(s) are required to provide name, age, gender, email, mobile number and their address and such other details as may be required, for providing the Services.

j. User(s) are required to make payment as quotation made by the HSP. Payments has tobe made directly to the HSP as their available payment options.

k. User(s) will receive their test(s) reports directly in their Health Vault or printed copies and or in any other format as the situation demands.

l. UpkaR Assist itself ny any means is not related to any HSP service. It only helps users to reach a HSP.

Disclaimers

a. the HSP is not available for providing the Services on the schedule date and time of User(s) visit to HSP’s facility.

b. If HSP does not provide, cancels or delays in providing home collection services on the time slots booked by the User(s), any such negotiations arising thereof will be sole responsibility of the user and the concerned HSP.

UpkaR Assist shall be under no obligation to arrange for a fresh appointment.

a. the User(s) chooses wrong test(s) for investigation/diagnosis or

b. the User(s) gives wrong or unauthorized information.

UpkaR Assist shall not be responsible or liable for any consequences arising therefrom.

III. In the event, the User(s) misreport their prescription, personal details and information, neither UpkaR Assist nor HSP shall be liable for the consequences arising therefrom.

IV. User(s) acknowledge and agree that the concerned HSP from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the HCP, including but not limited to (i) the test(s) reports, diagnosis (collectively referred to as “HSP services”) or (ii) for medical negligence arising out of such HSP services. User(s) acknowledge that UpkaR Assist shall not be liable in any way for any claims with respect to HCP Services and confirm that it shall not make any claim on UpkaR Assist or any other person/party.

V. The display of any search results on the Platform is on “as is” basis (as per the details made available by the HSPs).

VI. User(s) acknowledges and agrees that Services that UpkaR Assist is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between UpkaR Assist and the User.

VII. Health Vault is a secure virtual password protected locker where User(s) can store their health reports/records. User(s) at their sole discretion give access to their Health Vault to HCP(s) or Third Party(ies) for viewing their Health records/reports and granting any such access shall be at User’s(s) sole discretion and risk. UpkaR Assist shall not be liable for any losses/damages suffered by User due to unauthorized use of User’s health data by persons to whom access is given by the User.

VIII. User(s) are advised to correlate the test result values appearing in digitized format on the Platform with values appearing in the PDF format/report shared by the HSP(s).
Any discrepancies found in the values appearing in the digitized format should be notified to UpkaR Assist for rectification.
Any discrepancies found in the values appearing in the PDF format should be notified to the concerned HSP for rectification. In the event any request is made by the User(s) with UpkaR Assist for rectification of any errors in the PDF format, UpkaR assist, although is under no obligation, may make reasonable efforts, to coordinate with the concerned HSP and update the User(s) with the outcome therefrom.
User(s) agree that they shall rely only on the PDF format of test (s) results shared by concerned HSP. User(s) agree that HSP(s) are alone responsible for any discrepancies in the tests results shared by HSP(s), and further agree to make/report their grievances with reference to any discrepancies in the test(s) reports with the concerned HSP(s).

IX. The test sample collection timings shown on the Platform are indicative and are subject to change depending on availability of the HSP(s).

X. In the event any collected test sample is not usable, then the test sample will be again drawn without any extra cost to the User(s).

1. Payments towards Services available on the Platform can be made as per the below payment options, (some Services may be available with only one option (either Cash on delivery/collection or online payment) or with both payments options)

a. Payment Option 1
Cash on collection/Cash on delivery
b. Payment Option 2

Available Online Payment Mechanisms on the Platform (Like debit cards, credit cards, internet banking, e-wallets etc.) through payment gateways and payments are processed as per the terms and conditions of respective payment gateway service provider(s). User(s) are advised to read and understand those terms and proceed with making payment only if such terms and conditions are acceptable to them.

1. User(s) hereby represents and warrants to UpkaR Assist that,

a. he/she is competent to contract under Indian Contract Act, 1872,

b. the Information given by him/her to UpkaRAssist, on this Platform is accurate, true and nothing material is concealed by them,

c. he/she is the Legal Guardian of the minor or person of unsound mind on whose behalf the User Account is created (applicable only in case of Services being availed for Minors or people suffering from unsound mind),

d. the Agreement constitutes a valid and binding obligation enforceable against him/her in accordance with its terms,

e. the acceptance by him/her, the performance by him/her of the obligations hereunder and compliance by him/her with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter or by-law provision, statute, regulation, judgment, ordinance, decree, writ, injunction or applicable laws,

f. there are no claims, actions, proceedings, which are initiated, alleged, threatened or pending against him/her which would restrict him/her from accessing and availing any Services on the Platform,

g. he/she will not initiate or carry out any transaction on this Platform on behalf of any other party, unless he/she is specifically authorized to do so,

h. he/she shall comply with all applicable laws,

i. he/she shall not infringe the Intellectual Property Rights of UpkaR Assist or any Third Party/Parties or Third Party Service Provider(s),

j. he/she will not use the Platform for any Emergency services

k. he/she will not use the User Account for unlawful or unauthorized purposes,

l. he/she will not upload any obscene or objectional content on the Platform,

m. appropriate action can be initiated against him/her as warranted under the circumstances, for unauthorized use or breach of terms and conditions of the Agreement.

1. UpkaR Assist shall not be liable to the User(s) for any delay or non-performance of its obligations arising from any cause beyond its reasonable control including but not limited to any act of God, governmental act, act of any regulatory authority, supervening illegality, war, malicious damage, fire, flood, epidemics, pandemic(s), including but not limited to coronavirus (COVID-19) or any other health risk outbreaks, explosion, power blackout, breakdown of any equipment, loss of utility, civil commotion, industrial dispute, acts or omissions of telecommunications or data communications operators or carriers or of any other third parties or, in relation to the Services any technical or other problems affecting any operation of the Services (a "Force Majeure Event"). UpkaR Assist shall as practicable as possible shall promptly notify the User(s) orally or in writing, as the circumstances warrant, of the cause and the Force Majeure Event and its likely duration.

1. UpkaR Assist reserves its right to terminate/block the User Account,

a. if User(s) furnishes false information,

b. for Prohibited Use as specified under clause XXII (General) sub clause (12),

c. without assigning any reason, by written notice of 30 (thirty) days,

d. if User(s) is in breach of its material obligations under this Agreement,

e. if User(s) frequently cancels the Services or frequently returns the ordered products without any justifiable reasons,

f. if the User(s) is engaged in any fraudulent transactions/activities,

g. if the User(s) misuses, abuses, indulges in activities causing service disruptions,

h. if the User(s) (i) is adjudicated insolvent; (ii) makes a general assignment for the benefit of creditors; or (iii) has a receiver or official liquidator appointed for the whole or any substantial part of its assets and such appointment is not dismissed, reversed, vacated or stayed within 60 (sixty) business days of such appointment,

i. the termination of User(s) Account shall be without prejudice to any rights which have already accrued to UpkaR Assist.

1. For purposes of these Terms, "Confidential Information," includes, without limitation, information relating to the materials, trade secrets, intellectual property rights, plans, research strategies, frameworks, know-how, formulae, processes, algorithms, ideas, inventions, innovations, network configurations, system architecture, designs, flow charts, drawings, proprietary information, source code(s), software(s), operational information, business methods, underwriting ideas and information, Personal Health Information research information and data, support information and strategies, client(s) information, business information, sales plans, strategies, product information, operations, finances, plans or opportunities, processes, databases, data structure, screens, reports, data, formats, integration of various methodologies, integration of devices and technologies, the information relating to the Health Platform employees information, financial information, agreements, contractors, customers or suppliers; information that was received from a Third Party under a confidential agreement and all other non-public information, material or data relating to the past, current and /or future business and operations disclosed by UpkaR Assist or made available to User(s), and whether or not such information is marked or otherwise identified as confidential, restricted, secret or proprietary, including information acquired by inspection or oral or visual disclosure; and any other information disclosed under circumstances in which a reasonable person would understand that such information is confidential and proprietary. Without foregoing the above, it is hereby clarified that Confidential Information shall include Personal Information as defined hereinbelow.

2. If, in connection to the Services, the HCP/HSP, receives, collects or handles any patient data (“Personal Information”), such HCP/HSP undertakes to UpkaR Assist that in such case, it shall not use Personal Information for any purpose other than for providing the Services. HCP/HSP covenants to the UpkaR Assist that Personal Information shall be collected, stored securely and maintained confidentially and it shall comply with all applicable data privacy laws including but not limited to Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, in relation to Personal Information.

3. HCPs/HSPs shall not disclose Confidential Information to any Third Party/Parties and shall protect Confidential Information in strict confidence.

4. Confidential Information can only be disclosed if required by an order of court or statutory authority and only to the extent to legally comply with such order of court or statutory authority.

1. UpkaR Assist owns its respective Intellectual Properties, without conferring any interests therein on the User(s)/HCPs/HSPs or Third Party/Parties. Without limiting the generality of the preceding sentence, neither User(s) /HCPs/HSPs nor any Third Party/Parties shall acquire any right, title or interest in UpkaR assist’s Intellectual Property by virtue of this Agreement or otherwise. Any use of UpkaR Assist’s Intellectual Property without the prior written consent of UpkaR Assist is strictly prohibited. In the event of any unauthorized use of UpkaR Assist’s intellectual property, UpkaR Assist reserves its rights to initiate such legal actions as warranted under law.

1. This Agreement shall be governed and interpreted by and construed in accordance with the laws of India, without giving effect, if applicable, to the principles of conflict of laws, thereof or there under the Courts inWest Bengal, India shall have exclusive jurisdiction for adjudicating any matters arising under these Terms. Any dispute, controversy, claim or disagreement of any kind whatsoever between User(s) and UpkaR Assist in connection with or arising out of this Agreement or the breach of the terms and conditions, termination or invalidity thereof (hereinafter referred to as a “Dispute”) shall be resolved by way of arbitration.

2. Arbitration shall be conducted by a sole Arbitrator to be appointed by UpkaR Assist and the arbitral proceedings shall govern as per the Indian Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactments thereunder, which are deemed to be incorporated by reference herein. The venue of arbitration shall be West Bengal; India and any award shall always be treated as made at the seat of the arbitration. The language to be used in the arbitral proceedings shall be English. The Arbitrator shall not have the power to award punitive damages, attorney’s fees and / or any other losses, expenses, claim or damages, which are excluded by this agreement. The arbitration proceedings, including any outcome, shall be confidential. The decision of the Arbitral Tribunal shall be final and bindings, shall be carried into effect and may be made by an order of any competent court at the instance of any party.

1. The User(s)/HCPs/HSPs shall indemnify and hold UpkaR assist, its affiliates and their respective directors, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by UpkaR Assist as a result of (i) breach of any obligations, representations and warranties made by the User(s), (ii) noncompliance of applicable laws, (iii) for infringement of Intellectual Property Rights (iv) negligence or wilful breach,

2. In addition to the above, the HCPs and HSPs shall indemnify and hold UpkaR assist, its affiliates and their respective directors, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by UpkaR Assist as a result of (i) Damages caused to patient(s), User(s) or any third parties due to the Services of the HCPs and HSPs, and/or (ii) any other patient User(s)/Third Party claim in relation to anything done by the HCPs and HSPs pursuant to the Agreement,

3. UpkaR Assist shall indemnify and hold the User(s)/HCPs/HSPs, harmless from any against any and all claims as a result of breach of its obligations under the Agreement.

1. User(s)/HCPs/HSPs acknowledge that UpkaR Assist shall not be liable for indirect or consequential loss or damage, loss of profit, goodwill, business opportunity or anticipated saving arising under or in connection with this Agreement, the use or inability to use the Platform in any manner. Without prejudice, to anything contained herein the maximum liability of UpkaR Assist under any circumstances under this Agreement shall not exceed INR 10,000/- (Indian National Rupees Ten Thousand Only) or the amount paid by User(s)/HSPs/HCPs whichever is lesser.

1. If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to remain in full force and effect.

2. A failure to exercise or delay in exercising a right or remedy by UpkaR Assist provided for in these Terms or by law does not constitute a waiver of that or any other right or remedy. No single or partial exercise of a right or remedy provided by these Terms or by law shall prevents a further exercise of the right or remedy or the exercise of any other right or remedy.

3. Except as specifically provided, no person who is not a party to these Terms shall be entitled to enforce any term of it.

4. Save as expressly provided in this Agreement, nothing in these Terms is intended or shall be construed to confer upon or give any User(s), any rights or remedies under or by reason of these Terms or any transaction contemplated by these Terms.

5. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, nor authorize any Party to make or enter into any commitments for or on behalf of any other party.

6. User(s) are responsible for creating and maintaining their User Account. UpkaR Assist shall not be liable for unauthorized use of the User Account, including but not limited to the misuse, loss, non-availability of User(s) data, the User(s) should secure their credentials safely and prevent from giving/letting unauthorized access.

7. If the User(s) delete any of their User information, the same may be still available in the backup servers or storage devices/medium/peripherals /copies.

8. UpkaR Assist shall not be responsible or be liable for any Services rendered by Third Party Service Provider(s) and does not warrant the merchantability or fitness for a particular purpose.

9. UpkaR Assist does not warrant (i) that the Platform is error/bug/virus free (ii) safety of use of the Platform and UpkaR Assist shall not be liable for any loss or damage caused or suffered by the User(s)/HCPs/HSPs while using the Platform.

10. UpkaR Assist does not warrant that the Services available through its Platform will be available without any disruption or errors. The availability of the Services on this Platform may be disrupted due to down time, maintenance, updates, bugs/virus or any other system related issues, internet service issues, access related issues, connectivity issues, force majeure situations, non-availability of HCPs/HSPs/Third Party Service Provider(s) or for any other reasons beyond the reasonable control of UpkaR Assist and UpkaR Assist hereby disclaims all liability for the losses or damages caused or suffered by User(s)/HCPs/HSPs on this account.

11. UpkaR Assist is an intermediary as defined under the Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules 2011 and shall have no liability arising from or relating to the User(s)/HCPs/HSPs/Third Party Service Provider(s) or any other third-party content posted on the Platform).

12. Prohibited use

1. Users’ shall not use the Digital Platform to seek medical advice or opinion for cases including but not limited to those falling under the category of medico legal issues, domestic violence, Protection of Children from Sexual Offences (POCSO) Act, 2012

2. User(s)/Visitors to this Website are proscribed from the following,

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

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

iii. harm minors in any way;

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

v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vi. impersonate another person;

vii. illegally/unauthorizedly initiates or carries out transactions for any services on the Platform,

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

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

3. In the event of any prohibited use by the User(s) on this Digital Platform, UpkaR Assist or Third Party Service Provider(s) may file appropriate complaints and/or inform the law enforcement agencies for further necessary action.

13. UpkaR Assist reserves the right to delete any document or record which the User(s) may upload on this Digital Platform containing virus(s), trojans or such other malware and User(s) agree that it shall not hold UpkaR Assist responsible or liable in any way for deleting or restricting upload access to their documents or records.
14. User(s)/HCPs/HSPs hereby acknowledge and agree that they shall not,

a. recreate, duplicate, reverse engineer, decompile, recompile, disassemble or otherwise reproduce directly or indirectly, any part or whole of the Platform in or any materials relating thereto,

b. design around UpkaR assist’s proprietary projects, materials and products,

c. use the UpkaR assist’s Services, Content of the Platform, Confidential Information as a basis upon which to develop or have a Third Party develop a competing or similar product. Further the User(s)/HCPs/HSPs or any Third Party/Parties shall not contact or attempt to contact the Third Party Service Provider(s) on this Platform in any form either to promote its business or lure them to enter into a business relationship with them or with the UpkaR assist’s competitors’,

d. copy the content on this Platform,

e. use any software, tool or engine or any kind of device/mechanism, including but not limited to robots, spiders, artificial intelligence tools/agents to crawl, spy, navigate, to search, scramble, copy, duplicate, steal the Platform or the contents therein,

15. In case of non-receipt of any SMS (es), messages, communications or notices by the User(s), regarding the status of the Services booked/cancelled/ordered/availed, User(s) are advised to contact UpkaR assist’s Customer Care number and request for the same

16. Unless otherwise specified herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by personal delivery or post acknowledgement due) or courier (with POD) or E-mail as mentioned below. Any such notice or other communication will be deemed to be effective if sent by personal delivery, (when delivered), if sent by registered post (ack due) (on actual receipt), and if sent by courier (on actual receipt), and if sent by E-mail, (on receipt of a confirmation to the correct Email id).

Mention UpkaR Assist contact details here
Email ID: care@UpkaR.com

17. The User(s)/HCPs/HSPs shall not (i) assign its rights and obligations; and/or (ii) sub-contract the performance of its obligations, under this Agreement without the prior written consent of UpkaRAssist.

18. Users’ please note that the Internet is inherently insecure or may be prone to various types of phishing attacks or other forms of attacks and that the data including but not limited to User(s)/HCPs/HSPs may be prone to such attacks or can become corrupted, or any communications may not always be delivered promptly or not delivered at all, electronic communications are also prone to various forms of contamination including but not limited to viruses. Users acknowledge and agree that it shall not hold UpkaR Assist liable for any loss, expenses, damages, or omission in any way that it may incur due to the Users’ interaction with the UpkaR Assist Digital Platform

19. Users’ please note that any prescription generated through the Digital Platform is based on the information made available by You or User to the HCPs or HSPs and is to be used on the Digital Platform for primary non-emergency consultations/Services and any consultation/Service is not an alternative or substitute to in person consultation with the HCPs or HSPs

20. Users’ please note that in the event Users’ trying to reach the Digital Platform could not get connected for the Services and the same is evidenced at UpkaR Assist as missed call or chat or in the event Users’ gets disconnected during (a) any enquiry for a Service or (b) the Service being availed, then in all such events, UpkaR Assist may call back the respective Users’ with a view to inform the Users’ the reasons for not being able to connect (subject to such information available with UpkaR assist) or reconnect them to enable them to complete their enquiry or Service as the case may be

21. User(s) may post their feedback, including but not limited to ratings, reviews, suggestions and any other content relating to Services of UpkaR Assist ("Feedback") on UpkaR assist’s Platform, UpkaR assist’s domain or any other platforms including on social media pages/platforms or mobile app stores (social media pages/platforms or mobile app stores are collectively referred to as Social Media).

22. User(s) hereby expressly agree that they shall not post any Feedback that infringes the intellectual property rights of Third Parties or is violative of applicable laws. UpkaR Assist hereby expressly disclaims all liability for the claims, losses or damages suffered or incurred by the User(s) or Third Party(ies) on account of the Feedback posted by User(s). User(s) shall alone be responsible and be liable for the consequences resulting from or in connection with the Feedback posted by them and User(s) further agree and accept to indemnify and hold UpkaR Assist harmless from and against any claims, losses or damages suffered or incurred by UpkaR Assist on this account.

23. By posting the Feedback, User(s)/You hereby authorize and grant the necessary rights to UpkaR Assist to use the User(s) Feedback including but not limited to, the right to display, share, format the Feedback on any Social Media Platforms and publish the User(s) name in connection therewith. Such use of the Feedback shall be without any restriction whatsoever. UpkaR Assist shall, however, be under no obligation to use the Feedback posted by the User(s).

24. Further all Parties accessing, visiting this platform or availing the services available on UpkaRAssistbeware that there are/might be entities or persons (Imposters) pretending or imitating to be like UpkaR Assistor associated with/partner of UpkaRAssistand may trick or lure You/Parties demanding payments towards services or otherwise and these Imposters may fraudulently/unauthorizedly use UpkaR Digital Health’s intellectual property, name, logo to deceit or cheat You. All Parties are therefore, advised to cross verify with UpkaRAssistin case they find any activity to be fraudulent or suspicious.

25. All Parties herein may please note that under no circumstances, UpkaR Assist will be responsible or liable for claims, losses, damages, expenses or for any other form of compensation or otherwise on account of, resulting from or in any way connected to the acts of the Imposters or due to the unauthorized use of its Intellectual Property.

1. Refund for booking cancellations , if cancelled within 24 hrs of scheduled appointment.

2. If cancelled within 7days but not less than 24hrs of scheduled appointment, 70% of booking amount will be refunded.

3. If cancellation is done before 7days of scheduled appointment but after more than 3hrs of booking, 90% of booking amount will be refunded.

4. If cancellation is done before 7 days of scheduled appointment and less than 3hrs of booking, 100% of booking amount will be refunded.

Terms & Conditions

Terms & Conditions

I. Preface

II. Entire Agreement

III. Changes

IV. Acknowledgement

V. Eligibility for accessing and availing the available Services on the Digital Platform

VI. Definitions

VII. Interpretation

VIII. Access to Usage of Digital Platform

IX. User Account

X. Data privacy and patient/doctor account

XI. Disseminating information and listing contents

XII. Services

XI. Terms of the Services

I. In the event,

II. In the event

2. Registered HCPs create their profile and accept booking to provide consultation to patients

3 Order for Diagnostic Services (Laboratory Services)

I. In the event

II. In the event

XIII. Payments and refunds

XIV. REPRESENTATIONS AND WARRANTIES

XV. FORCE MAJEURE

XVI. Termination of User(s) Account

XVII. CONFIDENTIALITY

XVIII. INTELLECTUAL PROPERTY RIGHTS

XIX. GOVERNING LAW AND JURISDICTION

XX. INDEMNITY

XXI. LIMITATION OF LIABILITY

XXII. GENERAL

a. host, display, upload, modify, publish, transmit, update or share any information that

b. furnishing false or incomplete information and making unsolicited statements,

XXIII. REFUND POLICY