Terms and Conditions

These terms and conditions outline the rules and regulations for the use of Vitalyst Health Tech LLP's Website, located at https://vitalyst.in.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Vitalyst I Ai Powered Wellness if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Vitalyst I Ai Powered Wellness, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Vitalyst Health Tech LLP and/or its licensors own the intellectual property rights for all material on Vitalyst I Ai Powered Wellness. All intellectual property rights are reserved. You may access this from Vitalyst I Ai Powered Wellness for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from Vitalyst I Ai Powered Wellness

• Sell, rent, or sub-license material from Vitalyst I Ai Powered Wellness

• Reproduce, duplicate or copy material from Vitalyst I Ai Powered Wellness

• Redistribute content from Vitalyst I Ai Powered Wellness

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Vitalyst Health Tech LLP does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Vitalyst Health Tech LLP, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Vitalyst Health Tech LLP shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Vitalyst Health Tech LLP reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Vitalyst Health Tech LLP a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Vitalyst Health Tech LLP; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Vitalyst Health Tech LLP. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Vitalyst Health Tech LLP's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

GENERAL TERMS OF USAGE

This Terms of Use (“Agreement”) is drafted in conformity with the Information Technology (Intermediaries Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 in order to regulate the terms and conditions of usage and access to Website (defined hereinafter); Application (defined hereinafter) and the Services (defined hereinafter). No physical or digital signature is necessitated in order to validate this Agreement.

In this Agreement, the Website, Scan Links and the Application shall be collectively referred to as “Vitalyst Platform”.

Vitalyst Health Tech LLP (“Vitalyst”, “we”, “us” or “our”) is a pioneering, technology-powered integrated healthcare aggregator service provider with a unique model enabling delivery of the complete spectrum of healthcare services utilizing its virtual platform and/or the mobility platform The various health and wellness services offered through Vitalyst Platform include Ai based wellness solutions currently and in the future could includeTelemedicine, Home Visit Doctors / Nurses / Physiotherapists; Diagnostics Sample Collection at Home, Home Delivery of Medicines, Hospital Admission Facilitation to Vitalyst Health tech LLP Network hospitals and such other services as may be provided from time to time (“Services”).

These terms and conditions govern your use of our digital services and the associated website or application (“Services”). By accessing or using our Services, you agree to be bound by these Terms & Conditions. This platform is owned and operated by Crossroads Health Services Private Limited, a private limited company registered under the provision of the Indian Companies Act, 2013. It operates under the name of Vitalyst Health tech LLP, called herewith as “Company”. The Company reserves the right to modify these Terms & Conditions at any time. If you do not agree with any part of these Terms & Conditions, please do not use our Services.

Acceptance of Terms

By using our Services, you agree to comply with and are bound by these Terms & Conditions, and all applicable laws and regulations.

Use of Service

The Service uses information provided by you (“User Information”) directly or from reports, if you consent to sharing such reports and/or data collected on devices with the Service. Our data collection and processing practices are governed by our privacy policy. The Service is intended for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek advice from a medical professional for any questions you may have regarding your medical condition. Never disregard any professional medical advice or delay in seeking it due to this Service. This Service does not provide diagnosis for medical condition, nor does it prescribe any treatment for a medical issue. It is your responsibility to seek medical advice for any medical condition you may have. This Service works on the basis of User Information, and in the event, you enter incorrect User Information, the Service will return an incorrect result.

Disclaimer

This Service is provided on a “as is” and “as available” basis without any warranties, expressed or implied. We do not guarantee the accuracy, completeness or reliability of any content or information provided through our Services. In no event will the Company, or its related partners be liable to You or anyone else for any decision made or action taken in reliance of the information in the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages.

Intellectual Property

All content, trademarks, logos and other intellectual property used in connection with our Services are the property of Vitalyst Health Tech LLP. You may not use, modify, reproduce or distribute any content from our Services without our prior written consent.

Governing Law and Jurisdiction

• The governing law of the Agreement shall be the substantive law of India.

• Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Mumbai court. The language to be used in the arbitral proceedings shall be English.

Contact us

If you have any concerns, questions, requests, or grievances regarding these Terms & Conditions, please write to mukund@vitalyst.in. Once we receive your request, we will aim to reply within five working days.

Refund Policy

Policy Overview:

All bookings and payments for tests, scans, and other services provided by Vitalyst Health Tech LLP are non-refundable. However, under certain conditions, services can be rescheduled at no additional cost. Conditions for Rescheduling Services:

Tests and Scans:

• Vitalyst Server Issues: If we fail to provide the scheduled service due to our technical error customers may restart their test without any additional charges.

• Coverage Area Limitations: If a service cannot be provided because the customer is not in our serviceable area, and this was not identified at the time of booking, the service may be rescheduled to a new location within our coverage area.

Policy Modifications:

Vitalyst Health Tech LLP reserves the right to modify this policy at any time to better serve our customers and adapt to operational needs. Contact Information: For any inquiries or assistance with rescheduling, please reach our customer support team at (mukund@vitalyst.in).

The Services offered through Vitalyst Platform are subject to the following terms and conditions:

INTRODUCTION AND ACCEPTANCE

The Services provided by Vitalyst includes health and wellness services or their personal device, at a kiosk or at the doorstep of the customers and convenience through multiple platforms including the internet, mobile and telephone (“Third Party Service Providers”).

Services offered through Vitalyst Platform are subject to the terms of our Website /Application, policies [i.e. Terms of Use, Privacy Policy, Cancellation and Refund Policy etc.] (“Policies”) available at our Website and Application. By contacting Vitalyst for the Services or availing the Services or by registering with us, now or in the future, you (“you”, “your”, “yourself” or “user”) signify that you will be subject to the rules, guidelines, policies, terms and conditions applicable to such Service, and they shall be deemed to be incorporated into this Agreement and shall be considered as part of this Agreement.

1. This Agreement applies to every user who uses or accesses the Services of Vitalyst. It also applies to any legal entity which may be represented by you under actual or apparent authority.

2. This Agreement applies to all Services offered by Vitalyst, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by you. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.

3. The Policies are subject to modifications, at the sole and absolute discretion of Vitalyst Health tech LLP. Further, Vitalyst Health tech LLP may from time to time formulate new policies for availing all or any of the Services. The most current version of the Policies will supersede all previous versions. Changes to the Policies or addition of new policies shall be notified on the Website / Application. Vitalyst Health tech LLP may also intimate the changes to the Policies, through e-mail, messages and / or post, as per the details provided by you. Please make sure that you provide a valid email-id, mobile number and contact information and you update it as and when there is a change. Vitalyst Health tech LLP does not intend to transfer Personal Information (defined hereinafter) without your consent to third parties who are not bound to act on Vitalyst Health tech LLP behalf unless such transfer is legally required. Similarly, it is against Vitalyst Health tech LLP policy to sell Personal Information collected online without consent. You understand that your use of the Services after any changes to the Policies or addition of new policies constitutes your acceptance to be bound by the most recent version of the Policies. If the Policies (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account by writing to us at mukund@vitalyst.in.

For the purpose of this Term, “Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home.

GENERAL REGISTRATION REQUIREMENTS

1. We believe in providing simple and easy access to our Services. There may be few generic Services that you may use without registering and creating an account on the Website / Application for availing the Services provided by Vitalyst Health tech LLP. However, there are other features and Services which will require you as a user to register and create an Account on the Website / Application (“Account”) by providing certain required information.

2. Upon creation of Account, Vitalyst Health tech LLP shall send you a user ID and password to the email address provided by you to access the Services. When creating your Account, it is mandatory that you provide us with complete, authentic and accurate information. It is your duty to keep your Account and password secure and confidential and you shall be solely responsible for any activity that occurs through your Account. If you would like the support for the Services other than the support we generally provide to other users of the Services without charge, you may enroll for customer support in accordance with the terms specified therein. Upon the creation of the Account, it is deemed that you have accepted all the terms and conditions of this Agreement by free consent.

3. Vitalyst Health tech LLP may share all or part of user’s information, including but not limited to, Personal Information in good faith and belief that access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as court order, or a request by law enforcement or governmental authorities.

4. You, hereby, expressly consent to receive communications and newsletters from Vitalyst Health tech LLP through text messages and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Vitalyst Health tech LLP at any time by following the procedure set forth in the Website / Application.

Any feedback you provide to this Website /Application shall be considered to be non-confidential. Vitalyst Health tech LLP shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that:

1. Your feedback does not contain any confidential or proprietary information of you or of any other third party.

2. Vitalyst Health tech LLP is not under any obligation of confidentiality, express or implied, with respect to the feedback; and

3. You are not entitled to any compensation or reimbursement of any kind from Vitalyst Health tech LLP for the feedback under any circumstances.

4. If the user provides any false information or Vitalyst Health tech LLP has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Vitalyst Health tech LLP shall have full rights to suspend or terminate user’s Account and deny any and all current or future use of the Services.

5. You can always choose to unregister or delete your Account by writing to us at mukund@vitalyst.in.

SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY

1. If you register on Vitalyst Health tech LLP, you will be required to choose a password and username. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your Account. You concur to:

   • immediately notify Vitalyst Health tech LLP of any unauthorized use of your Account or any other breach of security; and

   • ensure that you properly sign off from the Account after each visit and/or use of Services. Vitalyst Health tech LLP cannot and will not be responsible for any loss or damage resulting from your failure to comply with these conditions.

2. You shall be held responsible for any losses incurred by Vitalyst Health tech LLP or any third party user due to unauthorized use of your Account which is a consequence of the user’s inability to secure his / her Account.

3. Certain Services offered through Vitalyst Health tech LLP Platform shall require specific consent from you. You will not be provided such Services unless you have provided your specific consent. The Services provided by Vitalyst Health tech LLP or its Associates are subject to the terms and conditions of this Agreement and the other specific terms of services offered through Vitalyst Health tech LLP Platform.

USER INFORMATION

1. Vitalyst Health tech LLP unique business model provides you with location based service providers in a short span of time. To facilitate this, you hereby authorize Vitalyst Health tech LLP to use the location based information provided by any of the telecommunication companies when you use the Application to avail the Service. The location based information will be used only to facilitate and improve the Services for you.

2. If you use the Website / Application, you agree that information about your use of the Vitalyst Health tech LLP Website / Application through your mobile telecommunication device may be communicated to us, and we may obtain information about your mobile carrier, your mobile device, or your physical location. By accessing the Website / Application using a mobile telecommunication device, you represent that to the extent you import any of your Vitalyst Health tech LLP data to your mobile telecommunication device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Vitalyst Health tech LLP account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge that you are responsible for all charges and necessary permissions related to accessing the application through your mobile access provider. Therefore, you should check with your provider to find out if our Website / Application are available and the terms for these Services for your specific mobile device.

3. Vitalyst Health tech LLP reserves the right to collect user data including name, contact information and other details to facilitate the Services or use of its Website / Application to avail Services.

4. Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by Vitalyst Health tech LLP.

5. In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail address, the account shall be indefinitely suspended. Vitalyst Health tech LLP reserves the full discretion to suspend a user’s account in the above event and does not have the liability to share any account information whatsoever.

6. We may record your telephone calls to our call centers or to us.

   Vitalyst Health tech LLP AND THIRD PARTIES

1. You acknowledge and agree that Vitalyst Health tech LLP is only an intermediary between you and the Third Party Service Provider and that Vitalyst Health tech LLP is neither a medical practitioner nor a pharmaceutical company or medicine provider and do not provide direct medical services. Vitalyst Health tech LLP cannot in any manner be held responsible for any behavior, negligence, conduct, actions or inactions on the part of the Third Party Service Provider that you may use through the Services. If you have any complaint in relation to the Service provided then that dispute must be taken up with the Third Party Service Provider directly.

2. Vitalyst Health tech LLP will provide you with the Services through subcontracts with the third party (“Vitalyst Health tech LLP Associates”),who may be verified by Vitalyst Health tech LLP. In the process of delivering the Services, Vitalyst Health tech LLP shall remain indemnified from any actions of the Vitalyst Health tech LLP Associates.

3. The Services may entail links to third party websites / applications that are neither controlled nor owned by Vitalyst Health tech LLP. Vitalyst Health tech LLP has no control over the content on such websites and therefore devolves itself of all the responsibilities for the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and miscellaneous materials you may come across / access through, or contribute to the service and the privacy policies, terms of service or practices of any third party websites / applications. Further, Vitalyst Health tech LLP is not authorized to edit any third party’s content. By using the Services, you expressly devolve Vitalyst Health tech LLP of all its liability arising from your usage of any third-party website / application.

4. In order to provide Services to you, Vitalyst Health tech LLP may use third-party software. If you try to separate the third party software from the Website / Application and then further use it any manner, which is inconsistent with the manner as enumerated in the third party software’s terms of use, is illegal or against public policy then you will be liable for the same according to the governing law and jurisdiction as mentioned in their respective terms of use and privacy policy. You also agree to indemnify Vitalyst Health tech LLP to full extent for the said acts subject to the applicable laws.

AVAILABILITY OF SERVICES PROVIDED

The Services are available only to persons located outside Europe and United States. All or any of the Services offered through Vitalyst Health tech LLP may be temporarily unavailable or may not be offered to you, for various reasons which could include but not limited to your medical conditions, age, geographic limitations, or prohibition / restrictions under applicable laws or Policies or due to any technical faults or interruptions. Further, you should be aware that the Vitalyst Health tech LLP Associate has the right to reject provision of the Services to you at any point of time as laid down in this Agreement

PAYMENT OF FEES OF SERVICES PROVIDED

1. Online payment of fees can be made by credit, debit card and net banking facility. These payments are not collected by Vitalyst Health tech LLP directly but by the bank. The online payment system is provided by Vitalyst Health tech LLP and its third party supplier/s. All prices quoted are in INR. Vitalyst Health tech LLP reserves the right to change the fees at anytime. We do not accept liability for a payment not reaching Vitalyst Health tech LLP account due to you quoting an incorrect account number or incorrect personal details. Neither do we accept liability if payment is refused or declined by the credit/debit card supplier for any reason.

2. If the card supplier declines payment, Vitalyst Health tech LLP has the right but no obligation to bring the fact to your attention. You should check with your bank / credit / debit card supplier that payment has been deducted from your account. All payment details which are entered through this payment gateway are encrypted when the user making the payment, enters them. Communications to and from the service provider’s application are encrypted.

3. Vitalyst Health tech LLP shall not be liable for any failure by the user making payment of fees to properly protect data from being seen on their screen by other persons or otherwise, obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.

4. Vitalyst Health tech LLP does not store or keep credit card / debit card data in a location that is accessible via internet. Once a credit card / debit card transaction has been completed, all credit card/debit card data is moved off-line only to ensure that the credit card / debit card information received is not accessible to anyone after completion of the online transaction and to ensure the maximum security. Vitalyst Health tech LLP uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.

5. Vitalyst Health tech LLP shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

CANCELLATION AND REFUND POLICY

1. To be followed as per the Cancellation and Refund Policy given on our Website / Application.

CONSENT OF CUSTOMERS

1. Certain Services may require physical examination or contact with you. By availing such Services, it is deemed that you have provided your consent to the agent, employee, consultants or staff of Vitalyst Health tech LLP and / or Vitalyst Health tech LLP Associate to visit your premises and undertake necessary actions to perform the Service.

2. This consent provided by you shall be valid for all the Services availed from Vitalyst Health tech LLP at present or in the future. You have the right to withhold or withdraw your consent for any of the Services at any point of time and inform us of such withdrawal through e-mail or by contacting the customer care. Irrespective of such withdrawal of your consent, all dues outstanding for the Services availed shall be settled by / to you.

3. You, hereby, represent and warrant that you have all necessary rights in and to all information you submit to Vitalyst Health tech LLP and enter into Agreement and all of the information provided by you to Vitalyst Health tech LLP to avail the Services is correct and updated. In addition, you also agree that any information you post in public areas of the Website / Application shall not:

1. be fraudulent;

2. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

3. violate any law, statute, ordinance or regulation;

4. be defamatory, libelous, abusive, threatening or harassing;

5. be obscene, vulgar, profane, indecent or contain pornography, child pornography, or photographs of unclothed person(s);

6. transmit content that encourages or provides instructional activities about illegal activities, in particular hacking or phishing;

7. solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;

8. attempt to resell, redistribute, broadcast or transfer the information or use the information derived from the website in a searchable, machine-readable database;

9. use the website to collect personal information about users of the website in violation of our privacy policy;

10. use the website to collect personal information about users of the website in violation of our privacy policy;

11. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or

12. link directly or indirectly to any materials to which you do not have a right to link to or include.

13. Vitalyst Health tech LLP reserves the right (but not the obligation) to monitor all user postings and to remove any postings, which Vitalyst Health tech LLP considers in our absolute discretion to be offensive or otherwise in breach of these terms and conditions or any applicable law or regulation.

    Vitalyst Health tech LLP ASSOCIATES’ LIABILITY

1. The Services shall be provided by the available representative of Vitalyst Health tech LLP or the Vitalyst Health tech LLP Associate, as the case may be.

2. Vitalyst Health tech LLP does not exercise any ownership, control or supervision over the Vitalyst Health tech LLP Associates or their services. Vitalyst Health tech LLP makes no representation or provides no warranty (express or implied) for the services offered through the Vitalyst Health tech LLP Associate. Any claims, actions or inactions relating to the services availed from the Vitalyst Health tech LLP Associate should be settled inter-se between you and the Vitalyst Health tech LLP Associate. No consultations booked using Application is regulated or evaluated by Vitalyst Health tech LLP administration. Vitalyst Health tech LLP only acts as an aggregator and does due diligence check on the qualification of the Vitalyst Health tech LLP Associate to the best of its ability before on boarding. The consultations conducted express the views and opinions of the Vitalyst Health tech LLP Associate with respect to their patients. The consultations have nothing to do with the technology administrators, call center staff, or management staff and hence Vitalyst Health tech LLP and its principals will accept no liabilities or responsibilities for the consultations made by Vitalyst Health tech LLP Associate.

3. Under no circumstances will Vitalyst Health tech LLP be liable to you or your representative for any direct, indirect, incidental, special, punitive or consequential damages of any character that arise from your use of any of the Services provided by Vitalyst Health tech LLP or Vitalyst Health tech LLP Associate or any agent, employee, physician, consultant or partner of Vitalyst Health tech LLP or Vitalyst Health tech LLP Associate. The liability of Vitalyst Health tech LLP, in any event, shall not exceed the total fees paid by you for availing the Services. By availing our Services, you acknowledge and agree to solely assume the risk of these limitations.

4. To the fullest extent permitted by applicable law, in no event shall Vitalyst Health tech LLP be liable to you for any damages resulting from any:

   • errors, mistakes, or inaccuracies of content,

   • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services including Website / Application ,

   • any unauthorized access to or use of our servers and/or any and all personal information stored therein,

   • any interruption or cessation of transmission to or from our servers,

   • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party,

   • any loss of your data or content from the Services

   • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Vitalyst Health tech LLP are advised of the possibility of such damages,

   • your failure to keep your Account details secure and confidential,

   • loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services. In no event shall Vitalyst Health tech LLP be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

VIOLATION OF THIRD PARTY RIGHTS

1. You acknowledge that Vitalyst Health tech LLP makes no express or implied warranty regarding the Services provided by Vitalyst Health tech LLP / Vitalyst Health tech LLP Associate / Third Party Service Provider. Vitalyst Health tech LLP does not authorize anyone to make a warranty of any kind on its behalf.

2. Any content on the Website / Application regarding the Services is general in nature, particularly any such content relating to medical conditions, wellness and their treatment, and shall not operate nor be construed to be, and is no substitute for the advice provided by a qualified and practicing expert / professional. There is no guarantee of completeness, accuracy, timeliness of such Content. You hereby acknowledge that any reliance upon any content shall be at your sole risk. Vitalyst Health tech LLP does not guarantee that the Application is well-suited to your mobile device or that the contents of the Application and the Website are accurate, correct and free of viruses.

3. All programs, services, processes, designs, software, technologies, trademark, trade names, inventions and materials comprising Vitalyst Health tech LLP, and all Services offered by experts or others on Vitalyst Health tech LLP Platform are wholly owned by Vitalyst Health tech LLP. The copyright to Vitalyst Health tech LLP as well as the intellectual property contained thereon vests wholly and completely in Vitalyst Health tech LLP. Upon acceptance of this Agreement, Vitalyst Health tech LLP authorises you to view or download a single copy of the material available on the Website / Application solely for your personal and non-commercial use.

4. Vitalyst Health tech LLP cannot and does not guarantee or warrant that files available for downloading through the Website / Application will be free of infection by software viruses or other harmful computer code, files or programs.

5. The contents of the Vitalyst Health tech LLP Website / Application , such as text, graphics, images and other material including software licensed by Vitalyst Health tech LLP to permit users to access the Vitalyst Health tech LLP Website / Copyright (“Content”) are protected by copyright under Indian laws, and title to the Content shall not pass to you or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed.

INDEMNITY

1. You, hereby, agree to indemnify and hold harmless Vitalyst Health tech LLP from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Vitalyst Health tech LLP directly or indirectly by reason of:-

   • your use/misuse of or access to the website or provided URL;

   • your violation of these terms and conditions;

   • any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Website / Application using your Account;

   • from any transaction you conduct as a result of the contact facilitated by the Website / Application;

   • from your property posted on the Website / Application; or

   • from your infringement of any intellectual property rights in any posting to or transmission via the Website / Application.

2. From your infringement of any intellectual property rights in any posting to or transmission via the Website / Application.

   • any wrong medication or treatment quality being given by the practitioner(s), or any medical negligence on part of the practitioner(s);

   • any type of inconvenience suffered by the user due to a failure on the part of the practitioner to provide agreed Services or to make himself/herself available at the appointed time, no show by the practitioner, inappropriate treatment, or similar difficulties;

   • any type of inconvenience suffered by the user due to a failure on the part of the practitioner to provide agreed Services or to make himself/herself available at the appointed time, no show by the practitioner, inappropriate treatment, or similar difficulties;

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

   • any medical eventualities that might occur subsequent to using the Services of a practitioner, whom the User has selected on the basis of the information available on the Website / Application or with whom the user has booked an appointment through the Website / Application.

CONFIDENTIALITY OF INFORMATION

1. You shall not, either during the period of use of the Website / Application or thereafter, except, in the proper course of your duties, divulge to any person whomsoever and shall use your best endeavors to prevent the unauthorized use, dissemination, publication or disclosure of any confidential information. You shall not either during the period of use of Website / Application or thereafter use the confidential information for your own benefit, or for the benefit of a third party, and will not permit such use, except with the prior, express written consent of Vitalyst Health tech LLP.

FORCE MAJEURE

1. Vitalyst Health tech LLP shall not be liable for any failure to perform any obligations under this Agreement, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of Vitalyst Health tech LLP and in such case our obligations under these this Agreement shall be suspended for so long as such event continues.

MISCELLANEOUS

1. Devices of Third Party Service Providers may be installed with location tracking software or technology. You acknowledge and agree that the location tracking feature is not free from defects and the information provided by it may not be precise. Your use of the location tracking feature is solely at your own risk and Vitalyst Health tech LLP shall accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.

2. Any violation of this Agreement or any indecent action towards Third Party Service Provider will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, users will not receive any credit or payment or refund from Vitalyst Health tech LLP. Without limiting Vitalyst Health tech LLP of other remedies, you must pay Vitalyst Health tech LLP for all fees owed to us and reimburse Vitalyst Health tech LLP for all losses and costs (including any and all Vitalyst Health tech LLP Associate time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees. In the event of termination, you will have no claim whatsoever against Vitalyst Health tech LLP in respect of any such suspension or termination of your membership but you shall settle all dues owed to Vitalyst Health tech LLP upon the termination

3. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Vitalyst Health tech LLP, as a result of your use of Vitalyst Health tech LLP platform. You agree not to hold yourself out as a representative, agent or employee of Vitalyst Health tech LLP.

4. Vitalyst Health tech LLP ’s performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Vitalyst Health tech LLP ‘s right to comply with law enforcement requests or requirements relating to a member’s use of Vitalyst Health tech LLP or information provided to or gathered by Vitalyst Health tech LLP with respect to such use.

5. The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Vitalyst Health tech LLP, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. Vitalyst Health tech LLP does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

6. In case you are the guardian representing a minor, please ensure you sign on the below clearly mentioning your relation to the patient and your signature binds you to taking full responsibility to acceptance of the terms and conditions of this Agreement mentioned on behalf of the minor.

7. Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, the same shall be referred to a person nominated by Vitalyst Health tech LLP whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

8. This Agreement shall be governed by the laws of India and in case of any dispute between you and Vitalyst Health tech LLP, in relation to the Services, the Courts of Mumbai shall have exclusive jurisdiction.

9. In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the contact details of the Grievance Officer are provided below in order to contact him when you have some problem or grievance with respect to the Services of the Website: