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                                           Terms and Conditions

 

B1.NATURE AND APPLICABILITY OF TERMS

Before you decide to access the Website or use the services made available on the Website by The Health Lync, please carefully review these Terms and Conditions (‘Terms’) and the Privacy Policy available at https://www.thehealthlync.com/privacy (‘Privacy Policy’). These Terms and the Privacy Policy together constitute a legal agreement between you and Health Lync LLC. (‘the Agreement’) in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are –

• “A licensed medical practitioner or provider of medical care (whether an individual professional or an organization) or a similar institution wishing to be listed on the Website or already listed on the Website, including designated authorized associates of such practitioners or institutions (“Practitioner(s)” or “You” or “User”); or
• A patient who searches for practitioners through the website, his/her representatives or affiliates (“End-User”, “you” or “User”); or
• A registered owner of a prescription store, its agent or partner or related institution seeking to be identified or already listed on the website(s)(“Pharmacy Vendor(s)”, “you” or “User”)
• Otherwise, Android(TM) software (apps) or dedicated phone numbers and other supported means of contact (“you” or “User”) by a user of the Website or iOS(TM).

This Arrangement applies to all services made available on the website by The Health Lync and offered to users free of charge (hereinafter referred to as ‘Services’), including the following:

• For practitioners, a directory of practitioners and their accounts and contact information to be made accessible to all users and visitors to the website;
• List of pharmacy vendors and their profiles and contact info to be made open to all customers and visitors to the website; for pharmacy store owners;
• For other users, (i)Facility to build and manage ‘health accounts’ for other users, (ii) search for practitioners by name, speciality, and geographical area, or any other requirements that Health Lync can establish and make available, and (iii) make appointments with practitioners.

The Services may adjust from time to time, at the absolute discretion of Health Lync, and the Agreement will extend at any given point in time to your visit to and use of the Website to access the Service, as well as to all details you have on the Website.

This Agreement specifies the terms and conditions under which you are authorized to use the Website and explains how your account will be handled when you are registered with us as a member. Please feel free to email us at support@thehealthlync.com if you have any concerns about any part of the Agreement.

You irrevocably recognize and consent to abide by all the provisions set out in this Agreement, the Subscription Terms of Service and the Privacy Policy as available on the Website by installing or using the Website for use of the Services. This Agreement supersedes all existing oral and written terms and conditions (if any) conveyed to you concerning the use of the Website in order to benefit from the Website. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right, for any cause and at any time, to amend or cancel any component of the Agreement, and you will be advised of such changes in writing. You can read the Agreement at regular intervals. Since any such alteration, the use of the Website constitutes your decision to follow and be bound by the Agreement so changed.

You understand that you would be bound by this Agreement to avail all of our services. Please do not use the platform or use the services if you do not comply with any aspect of the Agreement.

Your right to the use of the Website and Services shall be at the absolute discretion of The Health Lync.

The Agreement is written in accordance with the provisions of Indian law and is regulated by them, including but not limited to:

• The Rule on Indian Contract, 1872,
• The  (Indian) Information Technology Act, 2000, and
• Includes (Indian) Information Technology (Reasonable Security Policies and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), the laws, legislation, guidance and clarifications framed there.

2.CONDITIONS OF USE

In order to register, use the Services, or to visit or use the Site in any way, you must be 18 years of age or older. You reflect and warrant to The Health Lync that you are 18 years of age or older and that you have the privilege, permission and ability to use the Website and the Services available through the Website through registering, visiting and using the Website or approving and abiding this Agreement, and consent to use the Website and the Services available through the Website.

In the case of a legal guardian who is in the custody of the minor concerned and is legally authorized, in each case, to give the appropriate consent for the telehealth services or other medical services to be provided to the minor concerned. You are fully responsible for compliance with this Agreement if you register as a parent or legal guardian on behalf of a minor. In the case of a minor, the use of telemedicine services will be allowed only if that minor is assisted by the appropriate adult who enrolled on behalf of that minor during the whole phase of providing the telemedicine services to the minor involved. Only parents and other individuals allowed by the applicable law to have legal custody of the minor concerned and legally authorized to provide reasonable consent to the telehealth services or other medical services to be given to the minor concerned may, on behalf of the minor concerned, undergo registration.

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

3.1 END-USER ACCOUNT AND PROTECTION OF DATA

• 3.1.1 According to the SPI Regulations, the words ‘personal information’ and ‘sensitive personal data or information’ are specified and replicated in the Privacy Policy.
• 3.1.2 Through its services, Health Lync may collect information relating to the devices through which you access the website and anonymous data relating to your use. The collected information will be used only for improving the quality of our services and to build new services.
• 3.1.3 The Website requires Health Lync to provide access, for contact purposes, to the personal email or telephone number of registered customers in order to provide you with a better way to schedule appointments and to obtain feedback on the practitioners and their practice.
• 3.1.4 The Privacy Policy lays down, inter-alia:
  • The sort of information, like confidential personal data or information, obtained from users;
  • The intent, means and ways in which such knowledge can be used;
  • How and to whom those details will be revealed by The Health Lync; and,
  • Other details mandated by the Rules of SPI.
• 3.1.5 The User is required to read and comprehend the Privacy Policies in order to ensure that he or she is aware, inter-alia:
  • The fact that it is gathering such information;
  • The reason with which the data is collected;
  • The expected information recipients;
  • The essence of the knowledge being gathered and retained; and
  • The name and address of the information collection agency and the information retaining agency; and
  • The different rights applicable to those users in relation to that information.
• 3.1.6 In no way will Health Lync be liable for the authenticity of any personal information or confidential personal details or information given by the consumer to Health Lync or to any other person working on behalf of Health Lync.
• 3.1.7 Once the user is registered on the website, the user is responsible for ensuring the security of the user’s identity login information and password. The User shall be responsible for all use, whether or not allowed by the User, of the User’s account and password. The User shall inform The Health Lync promptly of any actual or alleged improper usage of the account or password by the User. While The Health Lync would not be responsible for the damages incurred by any unauthorized use of your account, regardless of any unauthorized use of your account, you will be liable for the losses of The Health Lync or other parties, as the case may be.
• 3.1.8 Where the User presents any information that is false, inaccurate, not present or incomplete (or becomes untrue, inaccurate, not present or incomplete) or the Health Lync has fair grounds to believe that such information is untrue, inaccurate, not present or incomplete, the Health Lync shall, at its own discretion, discontinue the Services to the User.
• 3.1.9 For the purpose of debugging customer service related issues, Health Lync can use those information obtained from users from time to time.

3.2 LISTING CONTENT AND DISSEMINATING INFORMATION

3.2.1 The Health Lync gathers, directly or indirectly, pertinent information pertaining to the profile and practice of the practitioners listed on the Website, such as their specialization, qualification, fees, location, hours of visit and related data, and shows them on the Website. Health Lync makes fair steps to ensure that such information is frequently updated. While The Health Lync screens and vets the data and photographs sent by the Practitioners, notwithstanding such fair attempts, it cannot be held responsible for any inaccuracies or incompleteness portrayed by it.

3.2.2 The Services offered by Health Lync or any of its licensors or service providers shall be provided on a “as is” and “as available” basis and without guarantees or conditions whatsoever (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). The Health Lync does not, directly or indirectly, include or make any representation, contract or warranty for the Website or the Facilities. The Health Lync does not promise that all material or information presented by users on the website is reliable or complete. The Health Lync disclaims, to the fullest degree allowed by statute, any responsibility arising from the use or dependence by the User on the Website, the Services, representations and warranties rendered by other Users, the content or information given on the Website by the User, or any judgment or recommendation made or shared by The Health Lync or any User in relation to any User or services provided by the User.

3.2.3 The website can be linked to third-party websites, to affiliates and to business partners. Health Lync has no power over the content, accuracy, authenticity, usability, quality of those websites or made accessible by/through our website, and is not liable or accountable for them. The presence of any page on the Website would not mean that the associated site is supported by The Health Lync.User may use the links and these services at User’s own risk.

3.2.4 Health Lync assumes no responsibility or liability for any damage to, or viruses that may infect, the equipment of the User by accessing, using, or browsing the Website or by downloading any material, data, text, images, video content or audio content from the Website. If the User is dissatisfied with the Website, the sole remedy for the User is to discontinue the use of the Website.

3.2.5 If Health Lync concludes that you have submitted false, misleading or inaccurate information, including comments, Health Lync reserves the right to automatically suspend your access to the Website or to all of your Health Lync accounts and make such a statement on the website, in addition to the name of your company, as decided by Health Lync for the safety of its company and for the good of consumers. You are entitled to indemnify Health Lync for any damages suffered as a result of the misstatement or false input that has adversely affected Health Lync or its customers.

3.2.6 The knowledge released under the heading of “Industry-wide city-wise Pricing Graph” is obtained from a benchmarking category that is defined to be applicable to Health Lync in the relevant city. Health Lync has released this information for clarification purposes and is not in a position to determine the quality of the data on the basis of which the information has been published and is not under the obligation to report to anybody the source of the underlying data sets on the basis of which the information has been published. Health Lync shall in no way be responsible for any effect whatsoever arising from the use of the knowledge contained here.

3.3 BOOK APPOINTMENT AND CALL FACILITY

Health Lync helps patients to connect to Physicians through two methods: a scheduling facility that encourages users to schedule an appointment via the Website.

3.3.1 Health Lync will ensure that approved book appointments are made to customers. However, Wellbeing Lync shall not be responsible if such an appointment is canceled by the Doctor or the same Practitioner at a later date and is not available for appointment. Given that it does not come within the scope of the Health Lync Guarantee Scheme, in which case the provisions of this program shall apply.

3.3.2 The findings of any search carried out by Users on the Practitioners’ Website should not be construed as recognition by Health Lync of any such Practitioner. If the Patient wishes to communicate with the Practitioner in the hunt for medicinal care, the User shall do so at his own risk.

3.3.3 Without prejudice to the generality of the latter, Health Lync is not interested in the offering of any medical care or diagnosis and is thus not responsible for the contact between the Patient and the Doctor. User acknowledges and accepts that Health Lync would not be responsible for the following:

• User interactions and related problems User has a relationship with Practitioner;
• the willingness or intent of the Practitioner(s) or the lack thereof to meet their responsibilities to the User;
• Any incorrect prescription or standard of care provided by the Practitioner(s) or any medical incompetence on the part of the Practitioner(s);
• Inappropriate medication or diagnosis, or related problems or other form of inconvenience experienced by the User due to failure on the part of the Practitioner to deliver the services decided upon;
• Any wrongdoing or unethical actions by the Practitioner or the Practitioner’s staff;
• Cancelation or no show by the Doctor or rescheduling of the booked appointment or other change in the fees paid, provided that they are presented to the Health Lync Guarantee Scheme.

3.3.4 Users should provide input on their experience with the Practitioner, but the Customer shall ensure that the same information is given in compliance with relevant legislation. User agrees, however, that Health Lync is not obligated to behave in such a way that might be necessary to give impact to the content of reviews from Users, such as recommendations for removing a specific Practitioner from the Website.

3.3.5 In the case of ‘Patient-No-Show (P.N.S)’ (defined below), where the Consumer does not show up at the clinic of the Practitioner concerned:

• The user’s account will be temporarily disabled from scheduling more online appointments on thehealthlync.com for the next one (1) month, in the case of three (3) legitimate PNS, as per the Patient-No-Show Policy. The User may, however, continue to contact the clinic through thehealthlync.com to get an appointment.
• Patient-No-Show (P.N.S) for the purposes of these Terms and Conditions shall be described as any instance in which the Person who booked an appointment on the Website using the Book Appointment Facility has not made an appointment without canceling, rescheduling or advising the Practitioner in advance of the same. If the Practitioner tells The Health Lync of the incident or makes a new appointment as a P.N.S. recipient of the Health Lync Yodoc program within five (5) days of the planned appointment, an email and an SMS (‘PNS Communication’) will be sent to the User to validate the incident with explanations. Where the User is not in a position to determine that the User has a valid excuse for not turning up according to Clause 3.4.6(c), Health Lync shall be allowed to take action as alluded to in Clause 3.4.6. (a). Users recognize, however, that acts such as those alluded to in clause 3.4.6(a) are used as a disincentive to discourage users from misusing the Platform and the lack of business hours suffered by the Practitioner.

• Under the following cases, only at the discretion of The Health Lync, legitimate cases of PNS (‘Valid PNS’) will be considered, in which case the Consumer is penalized in compliance with Clause 3.4.6(a):

• User shall not respond within seven (7) days, with the reasons given to PNS Communication, from the date of reception of such PNS Communication;
  • In the event that the Customer reacts to the PNS correspondence for the following reasons;
  • Forgot the appointment;
  • Choose to meet another Practitioner/Online Consulted;
  • Busy with other work; or for other reasons; (which The Health Lyncat its discretion decides to be a valid reason to not show up).
  • Where the User has booked a paying appointment and is unable to meet the Doctor, owing to such legitimate causes of injury, etc., at the absolute discretion of Practo, according to the conduct of the inquiry, the User shall, at the time of booking, obtain a refund of the payment made by the User. However, if cancelation penalties were applied, you would not be entitled to a full refund.
• Health Lync retains the right to make a definitive decision in the event of a disagreement. The gross net responsibility of Health Lync in respect of all allegations made herein shall be 10% of the expense of the consultation.

3.3.6 Cancellation and Refund Policy

In the event that the Practitioner for whom the User has booked a paid appointment via the Website has not been able to meet the User, the User will have to write to us at support@healthlync.com within five (5) days of the occurrence of such an event; In that case, the cumulative cost of the consultation alluded to on the Website shall be refunded to the Customer within six (6) business days in the original mode of payment made by the User during the reservation. In the event where the User does not arrive for an appointment booked for a refund and is handled in compliance with Provision 3.4.6. However, if the cancelation practitioner, without canceling the appointment in advance, would not charge a premium (as paid by the Practitioner/Practice), you will not be entitled to the full refund even if you postponed it in advance.

Users shall not be entitled to any refund in situations when the Practitioner is unable to reach the Patient at the precise time of the scheduled appointment and the User is forced to wait, irrespective of whether the User is obliged to wait or decide not to receive medical treatment from that Practitioner.

3.4 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.4.1 Cancellation and Refund PolicyPlease notice that any of the materials, language, details, illustrations, photographs, documents, tips, advice and other material (collectively, “Information”) that may be accessible on the Website (including information provided in direct response to your questions or postings) could be provided by medical professionals. The provision of such information does not establish a licensed medical professional/patient partnership between The Health Lync and you and does not represent a judgment, medical recommendation or diagnosis or treatment of any specific illness, but is only given to assist you in locating suitable medical care from a trained practitioner.

3.4.2 It is hereby expressly specified that the material you acquire or collect from Health Lync and its staff, contractors, associates, supporters, advertisers, licensors or otherwise on the Website is for informative purposes only. We offer no promises, assurances or warranties, whether articulated or inferred, with respect to the professional credentials, standards of work, experience or other details given on the Website. In no case shall we be responsible to you or anybody else for any decision or action taken by you on the basis of such knowledge.

3.4.3 The Programs are not meant to be a replacement for contact with emergency healthcare. If you are an end-user facing a medical emergency (either on your behalf or on behalf of another person), please call the ambulance or hospital immediately.

3.5 CONSULT

Click here to view the Terms & Conditions.

3.6 THE HEALTH LYNC HEALTH FEED

3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.7.1 The contents mentioned on the Website are I User-generated content, or (ii) Health Lync. The details obtained by The Health Lync directly or indirectly from the end-users and clinicians shall belong to The Health Lync. Copying the copyrighted material published by The Health Lync on the Website for any commercial reason or for the purpose of making a benefit would constitute a breach of copyright and The Health Lync protects its rights under the relevant legislation accordingly.

3.7.2 Health Lync authorizes the User to view and access the content available on or from the Website exclusively for the purpose of buying, requesting, distributing and communicating only in compliance with this Agreement. The contents of the Website, material, text, graphics, photographs, logos, button icons, software code, design and selection, arrangement and assembly of content on the Website (collectively, “The Health Lync Content”) are the property of Health Lync and are protected by copyright, trademark and other laws. Users shall not change the Health Lync Content or copy, view, publicly display, share or otherwise use the Health Lync Content in any manner for any public or commercial purpose or for personal benefit.

3.7.3 Users shall not access the Services for the purpose of tracking their availability, performance or features, or for any such benchmarking or competitive purpose.

3.8 REVIEWS AND FEEDBACK

Through accessing this Platform, you accept that all material you exchange with Health Lync or any Doctor will be subject to our Privacy Policies. You are entirely responsible for the materials that you chose to send for publishing on the Website, including any suggestions, ratings or recommendations (‘Critical Content’) relating to Practitioners or other health professionals. The role of Health Lync in the publication of Sensitive Material is limited to that of ‘intermediate’ under the Information Technology Act, 2000. Health Lync disclaims all liability with respect to the quality of Sensitive Content, and its position with respect to such content is limited to its responsibilities as an intermediary under that Act. Health Lync is not liable to pay any consideration to any User for re-publishing any material on any of its sites.

Your posting of reviews and comments on the Website is subject to Clause 5 of these Words.Without regard to the detailed terms set out in Clause 5, you hereby consent not to upload or publish on the Website any content that (a) infringes any third party intellectual property, advertisement or privacy rights, or (b) breaches any relevant statute or policy, including but not limited to the IG Rules and SPI Rules. Health Lync can, at its absolute discretion, opt not to publish your reviews and comments as necessary by relevant law and in compliance with Clause 5 of these Terms. You accept that Health Lync can contact you by phone, e-mail, SMS or any other electronic means of communication for the purpose of:

1. Obtaining reviews on the website or the programs of Health Lync; and/or
2. Obtaining reviews on some of the Practitioners listed on the Website; and/or
3. Resolving any concern, details or question by Practitioners about your Vital Content;

And you promise to give your full support further to this contact through The Health Lync. The Health Lync Input Collection and Fraud Prevention Strategy is annexed as the Schedule hereto and is always subject to these Words.

3.9 RECORDS

Health Lync can provide end-users with a free facility known as ‘Records’ on its mobile application ‘Health Lync.’ There are two forms of information available in the records:

User-created: information uploaded to you or information produced through your contact with the Health Lync ecosystem, e.g. appointment, medical order placed by you.

Practice-created: Health reports developed by your contact with a Doctor who uses ‘Health Lync Yodoc’ or other Health Lync Services tools.

The basic terms and conditions applicable to such a Health Account are as follows, without exception to the remainder of these Terms and the Privacy Policy:

3.9.1 Your Documents can only be produced after you have signed up to and expressly acknowledged these Terms.

3.9.2 Any Practice produced Health Record shall be given on the basis of the sole purpose, danger and liability of the Professional and Health Lync shall not verify such records and shall not make representations in accordance therewith. You should contact the relevant Doctor if you wish to point out any contradictions or add, remove or change the Health Record in any way.

3.9.3 Health reports shall be issued on an as-is basis. Although we aim to ensure the highest degree of continuity of facilities, Health Lync is not responsible for any disruption that might occur from your access to the Services.

3.9.4 The reminder given by the Records is just an alternative means of encouraging you to carry out your tasks as recommended by your Doctor. In the case of any drug alerts given by The Health Lync, you can refer to your prescription prior to taking any medicine. Health Lync shall not be responsible if, in its best intentions, the reminders are not sent to you for any reason or are delivered late or improperly delivered. If you do not want to receive a reminder, you can turn it off using the Health Lync app.

3.9.5 It is your duty to keep the right telephone number and email ID up to date with the Documents. Health records will be sent to records connected to this telephone number and/or email ID. We will submit a confirmation any time you alter some contact details (mobile or email). Health Lync is not responsible for any damage or inconvenience incurred by your inability to correct your contact information with Health Lync.

3.9.6 Health Lync uses industry-level authentication and encryption for the health records. However, Health Lync does not ensure that improper access can be avoided if you lost your login credential or otherwise have been compromised. In the event that you are aware of any unauthorized usage or access, you shall promptly notify Health Lync of any unauthorized use or access. Please secure your username info and report any actual alleged violation of the account to support@practo.com.

3.9.7 When you access your dependents’ health data by recording your dependents in your own records, you are assumed to be responsible for the health records of your dependents and for all the responsibilities that your dependents would have had they kept their own separate records. You accept that it is your absolute duty to gain the prior permission of your dependent and to have the freedom to exchange, access and post any confidential personal details of your dependent. Health Lync takes no responsibility for any allegation, dispute or liability occurring in this respect and you shall indemnify Health Lync and its officers from any other claim or liability arising out of the unlawful use of such details.

3.9.8 If you wish to erase your history, you can do so by contacting our support staff. However, only your account and all related Health Records will be removed and your Health Records held by the Physicians will remain in their respective accounts.

3.9.9 If the data is not synchronized with the server, you can lose your “User created” record.

3.9.10 If the Health Record is untested for a defined period of time, you will not be allowed to access the Health History for security reasons.

3.9.11 Health Lync shall not be responsible if, for whatever reason, Health Reports are not delivered to you or are delivered late in its best efforts.

3.9.12 The Patient Records are exchanged with the Practitioner’s phone numbers. Health Lync is not liable for applying incorrect numbers to the Heath Documents if these incorrect numbers are given by the Practitioner.

3.9.13 Health Lync is not accountable or liable for any material, facts, health information, medical deduction or terminology used in the health records. Your Doctor is primarily responsible and accountable for the Health History and all material given to us, including but not limited to the quality of the Health Records.

3.9.14 Health Lync has the authority, at its own discretion, to delete Health Information without advance warning if it is deemed to be exchanged inappropriately or accidentally.

3.9.15 Health Lync shall, in the case of any constitutional court or authority, comply with the rule of land to exchange health records for any purpose whatsoever.

3.9.16 You recognize and accept that Health Lync may need to have access to the Health Record in situations such as any technological or organizational problems related to access or possession of the Data by the End User.

3.9.17 You accept that the Practitioners you are consulting may use Health Lync’s software or third party software for the purpose of running the Practitioner’s business and Health Lync’s services, including but not limited to the use and storing of Records (as specified in Section 3.10) in India and outside India, in compliance with relevant laws.

3.9.18 To the point that your documents have been shared with Health Lync or maintained on some of the Health Lync items used by the Doctor you are attending and may have been visited in the past, You hereby consent to the preservation of your Health Lync Records pertaining to certain previously visited clinics and hospitals that are connected to Health Lync for the purposes of their company and for the services of Practo, including but not limited to the use and storage of records (as specified in Section 3.10) in India and outside India; Pursuant to the relevant laws and further consent to the mapping of those information as might be required in the Practo archive on your User Account upon establishment of your account with Practo.

3.10 THE HEALTH LYNC Q&A

3.10.1 Terms for Practitioners:

Any Professional on the Q&A Forum must be trained in the field of practice that he represents as his certification.

The Q&A Platform is a platform for the sharing of knowledge of a general nature in a question and answer format. The Q&A Platform is not meant for emergency situations.

Any Q&A contact cannot be viewed in any way as a medical appointment with the Physician.

Health Lync Users can post queries on medical issues (“Querist”), which may be answered by multiple Practitioners on the Q&A Forum. It is explicitly specified that no doctor-patient partnership is formed between the Querist and the Physician, in any way whatsoever, through this Q&A.

The Practitioner may have probable opinions, guidelines, suggestions and solutions to the querist’s issue. However, it is expressly mentioned that all such judgment, guidance, suggestion and remedy shall not be construed as medical advice. The person involved (being a Querist or not) is recommended to contact the doctor in this respect.

Practitioners shall not express their intimate, religious and/or moral beliefs with the Querist when answering.

The Practitioner cannot issue and/or recommend any pharmaceutical products on the Q&A website. It is a forum for the sharing of ideas only, not consultation/medical advice.

The Doctor is specifically and explicitly forbidden from:

• Provide surgical diagnostics;
• Give a prescription to you;
• Post any reply that contains any insulting, objectionable, pornographic and/or offensive language;
• Advertise every brand of medications, supplements, vaccines and remedies, in any way whatsoever;
• Advertise/solicit patients in any manner, but without limitation, through the use of social media, including, but not limited to, facebook, twitter etc., telephone/mobile numbers, youtube, and address;
• Promote content and events of an illicit nature;

In the event of any violation of these QA T&C, Health Lync shall take reasonable steps, including, on a case-by-case basis, from providing notices to banning Practitioner from the Q&A Site, in its sole and absolute discretion.

Any responsibility arising from the response of the Practitioner shall be incurred exclusively by the Practitioner. Q&A Platform is just a platform interface offered by Health Lync for the purpose of sharing and exchanging information.

The Q&A Website shall be audited on a daily basis by The Health Lync to determine whether the Practitioner complies with paragraph 6 and the Practitioners agree to do so. It is explained that the aforementioned audit is not carried out for the purpose of quality management or the confirmation of the responses provided by the Practitioner.

All general Health Lync Terms and Conditions shall, to the degree appropriate, control QA T&C. Health Lync Decision is definitive and binding on issues emerging under QA T&C and Health Lync Terms and Conditions.

3.10.2 Terms for User/Querist :

Personal details of the querist shall be anonymized by The Health Lync prior to posting the query on the Q&A Platform;

The Q&A Website is a public information sharing site, so any issue submitted by the querist is available to the public. It is advisable for the User to ensure that they do not post sensitive information on the Q&A website.

The Individual shall not use the Q&A Site for cases of emergency.

The User is barred from uploading any query/issue on the Q&A Website, including any obscene language, unacceptable, pornographic and/or offensive content;

Any response given by the Practitioner shall not be construed as a medical recommendation to the Q&A Forum. Q&A Platform is a platform for the sharing of knowledge of a general nature in a question and answer format. This cannot be viewed in any way as a medical appointment with the Doctor.

It is explicitly specified that no doctor-patient relationship is formed between the customer and the Physician, in any way whatsoever, through this Q&A. The Practitioner may include the possible opinions, guidelines, suggestions and solutions to the issue put forward. However, it is expressly mentioned that all such judgment, guidance, suggestion and remedy shall not be construed as medical advice. The person involved (being a Querist or not) is recommended to contact the doctor in this respect.

All general Health Lync Terms and Conditions shall, to the degree appropriate, control QA T&C. Health Lync Decision is definitive and binding on issues emerging under QA T&C and Health Lync Terms and Conditions.

3.11 THE HEALTH LYNC DIAGNOSTICS

Click here for detailed diagnostic terms and conditions.

3.12 THE HEALTH LYNC HEALTH CASH

3.12.1 Health Lync HealthCash is a reward award in the form of credits in the Health Lync Accounts of Consumers (‘The Health Lync HealthCash’) in the form and situations determined by Health Lync from time to time.

3.12.2 Health Lync HealthCash can only be redeemed by the Customer to pay online for the following programs on the Website:

• Access to the Portal of Yodoc Patient Care
• Buying SuperCape and other diagnostic tools

(The above listed services on the platform are collectively referred to as ‘Permitted Services’)

3.12.3 Any time a person uses I Android version 4.31 or above; or (ii) iOS version 4.24 or above of the Fitness Lync smartphone app; Or (iii) the Health Lync website (www.thehealthlync.com), using HealthCash to pay electronically for all of the Approved Services offered by Health Lync, only the percentage of the overall amount to be charged for the Permitted Services as may be recommended by Health Lync from time to time on the respective Health Lync smartphone application or website ( www.thehealthlync.com ), These Users may be redeemed using The Wellness Lync HealthCash per purchase.

3.12.4 Health Lync HealthCash cannot be translated to real currency, nor can it be moved to any bank account.

3.12.5 The Health Lync HealthCash obtained by each recipient may or may not have an expiry date associated with it and the said expiry date is subject to the following:

• The expiry date for Health Lync HealthCash can vary from time to time. However, the same cannot exceed 2 years
• The expiry date of The Health Lync HealthCash can be transmitted to each customer by means of an SMS or e-mail or an in-app update on the Website.
• The expiry date of Health Lync HealthCash can be accessed by each customer on the specified HealthCash page of the website.

The Customer agrees that Health Lync has decided to sell the Health Lync HealthCash to its absolute discretion. Nothing in these Words shall be construed to limit the ability of Health Lync to withhold the Health Lync HealthCash prior to the expiry date.

3.12.6 Health Lync retains the right to refuse Health Lync HealthCash to any Consumer at its own discretion, irrespective of whether that User complies with the conditions set forth in the Terms, the relevant legislation or otherwise.

3.12.7 Other than the terms and conditions set out in these Terms, the collection, use, expiry or any other care of Health Lync HealthCash can be further limited by the terms and conditions regulating the particular service or facility provided by Health Lync or its business associates to which Health Lync HealthCash is entitled by the Customer (‘HealthCash Terms’). In the case of any discrepancy between these Terms and the HealthCash Terms in regard to the accumulation, use, expiry or any other handling of Health Lync HealthCash by the Patient, the HealthCash Terms shall, to the degree of any inconsistency, override these Terms.

4. TERMS OF USE PRACTITIONERS

The provisions of this Section 4 shall extend only to professionals.

4.1.1 Health Lync, explicitly and implicitly, gathers information on Physicians’ accounts, contact data and activities. Health Lync retains the right to create the profile of any Practitioner, as well as the right to show the profile of Practitioners, with or without warning to the Practitioner concerned. This knowledge is gathered in order to promote contact with end-users and other users. If any information shown on the Website in connection with you and your profile is found to be inaccurate, you must immediately alert The Health Lync to allow The Health Lync to make the appropriate modifications.

4.1.2 Health Lync shall not be responsible for the ranking of practitioners on external websites and search engines.

4.1.3 Health Lync shall not be liable or liable in any way to the Users for any losses, damages, injuries or expenses incurred by the Users as a result of any disclosures or publications made by The Health Lync, where the User has expressly or implicitly consented to the publication or publication by The Health Lync. If the User has revoked such consent pursuant to the Privacy Policy, Health Lync shall not be liable or liable in any way to the User for any losses, damages, injuries or expenses incurred by the User as a result of any disclosures made by Health Lync prior to its actual receipt of such revocation.

4.1.4 Health Lync reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added to the Website. However, Health Lync shall not be liable if any inactive, incorrect, fraudulent or non-existent profiles of Practitioners are added to the Website.

4.1.5 Practitioners expressly agree that Health Lync reserves the right to publish the content provided by Practitioners to third parties, including content platforms.

4.1.6 When you are listed on Healthlync.com, end-users may see a ‘display number’ option. When end-users choose this option, they choose to call your number through a free telephone service provided by The Health Lync, and the records of such calls are recorded and stored on the servers of The Health Lync. Such a call would have an IVR response showing the intent of monitoring your calls and your consent to the recordings being processed in compliance with the Privacy Policy. Such documents can be obtained by Health Lync for quality management and similar support purposes and shall be handled only in compliance with the Privacy Policy. Such a call service given to end-users and to you by The Health Lync can only be used for appointment and scheduling purposes and not for advice on health-related matters. Health Lync shall not be responsible if the call service is not used in compliance with the above. In the event that you chose not to agree to the recording of your calls, which could include personal details for appointment and scheduling purposes, Health Lync retains the right not to offer the Services for which such personal information is requested.

4.1.7 You reflect and warrant, as a Physician, that you use the Facilities in compliance with relevant legislation. Any breach of the applicable legislation as a result of your use of these Facilities is your sole responsibility and Health Lync assumes no liability for the same.

4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

Health Lync provides quick access to Physicians by offering a tool for upgrading the profile information. Health Lync retains the right to own all of the Practitioner’s profiles and photos and to moderate the changes or improvements demanded by Practitioners. However, Health Lync shall take an autonomous decision whether to publish or deny the proposals made for the respective modifications or changes. You hereby reflect and warrant that you are legally entitled under the legislation to upload all material posted to you as part of your profile or otherwise when using Health Lync’s services, and that no such content infringes the rights of third parties, including intellectual property rights. Upon becoming aware of a violation of the preceding representation, Health Lync may, with or without warning to you, alter or remove parts of your profile information at its sole discretion.

4.3 REVIEWS AND FEEDBACK DISPLAY RIGHTS OF THE HEALTH LYNC

4.3.1 All vital content is content generated by consumers of www.thehealthlync.com (“Website”) and clients of Health Lync customers and clinicians, including end-users. As a forum, Health Lync is not responsible for Critical Content and its position in the area of Critical Content is limited to that of ‘intermediate’ under the Information Technology Act, 2000. The position of Health Lync and other legal rights and responsibilities relating to sensitive material are further detailed in paragraphs 3.9 and 5 of these Words. The Health Lync Input Collection and Fraud Prevention Strategy is annexed as the Schedule hereto and is always subject to these Words.

4.3.2 Health Lync retains the right to receive reviews and critical content from all Physicians, Hospitals and Health Care Providers listed on the website.

4.3.3 Health Lync shall have no duty to pre-screen, review, flag, filter, alter, deny or delete any or all Essential Material from any Service, except as required by applicable legislation.

4.3.4 You recognize that you will be exposed to sensitive content or other content that you may find inappropriate or unacceptable by using the Services. Health Lync shall not be responsible for any detrimental effects on Practitioner’s company as a result of Vital Content. In this respect, you can use the Service at your own risk. However, as an intermediary, Health Lync shall take the appropriate measures to comply with the relevant legislation with respect to the publishing of Sensitive Material. The legal privileges and responsibilities with respect to Critical Material and all other information sought to be released by Consumers are further set out in Clauses 3.9 and 5 of these Words.

4.3.5 Health Lync shall gather information in compliance with guidelines in accordance with relevant legislation and shall under no conditions be responsible or liable for the Essential Material produced by the Consumers. The rules set out in the terms of the Website Service in relation to third party material shall extend mutatis mutandis to the Critical Content posted on the Website.

4.3.6 If Health Lync decides that you have given false information or allowed misleading reviews, Health Lync reserves the right to automatically suspend all of your Health Lync accounts and to make such a comment on the website, along with the name of your clinic, as decided by Health Lync for the safety of its company and for the benefit of customers.

4.4 INDEPENDENT SERVICES

Your use of each service confers to you only the privileges and duties relating to that service and not to any other service which may be offered by The Health Lync.

4.5 THE HEALTH LYNC REACH RIGHTS

Health Lync retains the right to view funded advertising on the website. These advertisements will be known as “Sponsored Ads.” Without regard to the status of any other content, Health Lync will not be responsible for the quality of the details or statements contained in the funded ads. Health Lync does not allow people to access the Supported Advertising page or to make use of any of its facilities. Health Lync would not be responsible for the services of sponsored content companies.

You reflect and warrant that you can use these Facilities in compliance with relevant legislation. Any breach of the applicable legislation as a result of your use of these Facilities is your sole responsibility and Health Lync assumes no liability for the same.

4.6 THE HEALTH LYNC MEDICINE INFORMATION

Click here for detailed information on the terms and conditions of the drug.

4.7 BOOK APPOINTMENT AND CALL FACILITY

4.7.1 As a valuable partner on our site, we want to ensure that practitioners’ experience on the Wellness Lync booking platform is useful to both practitioners and their customers.

For all the terms and conditions of the Health Lync Profile Book Facility, please review the Book Standards site.

4.7.2 Practitioner agrees that, in any case, Health Lync shall not be responsible for any comments or suggestions from any of the Customers on the Services rendered by the Practitioner. The risk of publishing or changing or moderating or masking (where necessary by statute or norm, etc.) comments given by the Users shall be at the sole discretion of Health Lync.

4.8 PRACTITIONER UNDERTAKING

The Practitioner is and shall be properly registered, certified and eligible for the practice of medicine/health care, wellness facilities, in compliance with the relevant laws/regulations/guidelines set out by the competent authorities, and the Practitioner shall not be a party to any contract that prevents him/her from practicing medicine within the jurisdiction of India. The Practitioner shall ensure, at all times, that all relevant laws governing the Practitioner are complied with and that the utmost caution is taken with respect to the consultation/services being provided.

4.9 USAGE IN PROMOTIONAL & MARKETING MATERIALS

In consideration of the different offerings and services offered by Health Lync to Practitioner, Practitioner (subject to its fair right to review and approve): (a) enable Health Lync to provide a brief overview of the services provided to Practitioner in Health Lync’s publicity, promotional and advertising materials; (b) encourage Health Lync to appeal to Practitioner in case studies and associated marketing materials; (c) function as a guide to current and prospective clients of Health Lync; (d) offer video logs, testimonials, e-mails, posters, news media interviews and quotes for press releases; (e) make presentations at conferences; and/or (f) include the name and/or logo of the Practitioner, corporate photos, tag lines, etc., in product literature, e-mails, news releases, social media and other advertisements, marketing and promotional materials.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 As allowed by Regulation 3(2) of the IG Regulations, Health Lync hereby informs users that it is not permitted to host, view, upload, alter, post, transfer, upgrade or exchange any information that:

• belongs to another person to whom the Recipient has no right;
• Is grossly harmful, harassing, blasphemous, defamatory, lewd, indecent, pedophile, libelous, intrusive of the privacy of others, hateful or racist, ethnically unacceptable, defamatory, connected to or promoting money laundering or gambling, or otherwise unlawful in some manner whatsoever;
• damage minors in every way whatsoever;
• infringes any patent, trademark, copyright or other intellectual right;
• is in breach of every rule for the time being in force;
• deceives or misleads the addressee regarding the sources of those communications or communicates any information that is grossly insulting or threatening in nature;
• Impersonate the other person;
• Contains software viruses or any other programming code, files or programs intended to disable, destroy or restrict the capabilities of any computer resource;
• Threats the unity, dignity, protection, security or sovereignty of India, ties of friendship with foreign states, or public order, or incites the commission of some recognizable crime or prevents the investigation of any crime, or insults any other country.

5.2 Users shall also be restricted from:

• Infringing or attempting to infringe the integrity or security of the Website or any Health Lync Content;
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Health Lync Services;
•  intentionally submitting incomplete, false or incorrect information to the Website;
• and make some unsolicited messages to other users;
• Use any engine, app, tool, agent or other system or process (such as spiders, robots, avatars or intelligent agents) to access or search the Website;
• Attempts to decode, decompile, disassemble or reverse engineer some aspect of the Website;
• Copying or duplicating, in some way, any of the Health Lync Content or other material available on the Website; framing or hot linking or deep linking of any Health Lync Content.
• To bypass or uninstall any digital rights management, laws of use, or other protection features of the Program.

5.3 Health Lync shall be entitled to disable any information in contravention of Clauses 5.1 and 5.2 by gaining knowledge of itself or by the individual concerned in writing or by means of an email signed with an electronic signature on any such information as referred to above. Health Lync shall also be allowed to maintain such information and related documents for at least 90 (ninety) days for production to government authorities for investigative purposes.

5.4 In the event of failure of the User to comply with all relevant legislation, guidelines or regulations or the Arrangement (including the Privacy Policy), Health Lync has the power to automatically revoke the User’s rights to access or use of the Website and the Facilities and to delete non-compliant information from the Website.

5.5 Health Lync may report or transmit User-generated information to its affiliates or government authorities in the manner allowed or necessary by applicable law, and you hereby agree to such transfer. The rules of the SPI only allow Health Lync to pass confidential personal data or information, including any information, to any other corporate body or individual in India, or located in any other country, ensuring the same degree of data security that Health Lync complies with the rules of the SPI; Except where such transfer is required for the execution of a lawful contract between The Health Lync or another person on its behalf and the User or where the User has consented to the transfer of data.

Health Lync recognises the intellectual property rights of others and we are not liable for the breach of any intellectual property rights.

6. TERMINATION

6.1 Health Lync retains the right to suspend or cancel access by the Customer to the Website and the Facilities, with or without warning, and to make use of all other recourse permitted under the statute, where applicable;

• Such Recipient is in violation of the terms and conditions of the Agreement;
• A third party shall claim violations of any of its rights as a result of the use of the Services;
• Health Lync shall not be able to validate or authenticate any information submitted by the Customer to Health Lync;
• Health Lync shall have fair grounds to presume any unlawful, dishonest or coercive conduct on the part of that User; or
• Health Lync assumes, in its absolute discretion, that the actions of the User can give rise to legal liability for the User, other Users or Health Lyncor are contrary to the interests of the Website.

6.2 Once temporarily suspended, permanently suspended or terminated, the User may not continue to use the Website under the same account, another account or to re-register under a new account. Upon termination of an account for the purposes set out herein, that User shall no longer have access to the records, comments, files and other materials deposited on the Website by such User. The Patient shall ensure that he/she has constant backup of all medical care provided by the User in order to conform with the User’s record keeping policy and activities.

7. LIMITATION OF LIABILITY

In no case, including but not limited to negligence, Health Lync or any of its directors, officers, staff, agents or service providers (collectively, ‘Protected Entities’) shall be responsible for any actual, indirect, extraordinary, incidental, consequential, exceptional or punitive damages resulting from, or directly or indirectly connected to, the use of, or failure to make use of, any such damage; The Website or its associated contents, materials and operations, the Facilities, the provision of information by the Customer through the Website, the loss of business or the loss of end-users, even though the Covered Organization has been informed of the likelihood of such disruption. In no case will the Covered Organizations be responsible for the following:

• Provision or failure to provide all or any services to end-users contacted or managed through the Website by Practitioners;
• any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
• any unauthorised access or alteration of your transmissions or data;
• or any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to the User for any damage, loss or cause of action (whether in contract or in error, including, but not limited to, negligence or otherwise) arising out of this Agreement or the use of the Website or Services by the User exceed, in the aggregate, Rs. 1000/- (Rupees One Thousand Only).

8. RETENTION AND REMOVAL

Health Lync may retain such information collected from Users on its Website or Services for as long as necessary, depending on the type of information; the purpose, means and means of use of such information; and in accordance with the SPI Rules. Computer web server logs may be maintained for as long as administratively necessary.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1 You agree that this Agreement and any contractual obligations between The Health Lync and the User shall be governed by the laws of India.

9.2 Any dispute, claim or dispute arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitration, or your use of the Website or the Services or information to which it gives access, shall be decided by arbitration in India before the sole arbitrator appointed by Practo. Arbitration shall be conducted in accordance with the Arbitration and Arbitration Act, 1996. The seat of this arbitration shall be Borivali, Mumbai. All proceedings in respect of such arbitration, including without limitation any awards, shall be in the English language. The award shall be final and binding upon the parties to the dispute.

9.3 Subject to clause 9.2, the courts of Mumbai shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, your use of the Website or the Services or the information to which it gives access.

10. CONTACT INFORMATION GRIEVANCE OFFICER

10.1 If the User has any questions regarding Health Lync, the Website, this Agreement, the Services or any of the foregoing, Health Lync Customer Support may be contacted at the following email address: support@healthlync.com or via the contact information available from the following hyperlink: www.healthlync.com/contact.

10.2 In accordance with the Information Technology Act, 2000 and the rules thereunder, if you have any complaints regarding the Website or the Service, including any disagreements and grievances with respect to the processing of information, you may contact us at:support@healthlync.com.

In the case that you suffer as a result of access to or use of our Website by any party in breach of Rule 3 of the IG Laws, please send your complaint to the person referred to above.

11. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, that provision shall be excluded from this Agreement and the remainder of the Agreement shall be construed as if that provision had been so excluded and shall be enforceable in accordance with its terms; Provided, however, that, in such a case, the Agreement is interpreted in such a way as to give effect to the meaning and intent of the excluded provision, as determined by that court of competent jurisdiction or arbitral tribunal, to the greatest extent consistent with and permitted by applicable law.

12. WAIVER

No clause of this Arrangement shall be considered to have been waived and no violation excused until any waiver or permission is issued in writing and signed by The Health Lync. Any agreement by The Health Lync to, or a permission by The Health Lync to, any violation by you, whether expressed or implied, shall not constitute consent, a concession or an excuse for any other infringement or subsequent infringement.

13.

13.1 Each HealthCash Activation Code can only be used by users once.

13.2 Each HealthCash Activation Code will allow the consumer to unlock Health Lync HealthCash equal to INR 50. (Indian Rupees Fifty Only).

13.3 Health Lync HealthCash activated by one HealthCash Activation Code will be available to the User for a total of 14 (fourteen) days from the date of activation by the User of Health Lync HealthCash. After this time, the Health LyncHealthCash allocated expires if the Consumer does not reclaim such Health LyncHealthCash in any of the Authorized Facilities.

13.4 Health Lyncis shall not be liable for the activation of Health LyncHealthCash by any HealthCash Activation Code obtained by the Customer from the unsealed pack of the Britannia Product.

13.5 The capitalised words used but not specified herein shall have the same meaning as that applied to them under the General Terms. The General Terms shall prevail to the degree of any confusion between these Terms and the General Terms.

13.6 The User accepts that these Terms are regulated by the laws of India.

13.7 Any conflict arising out of these Terms shall be settled by arbitration in India before the sole arbitrator named by Practo. Arbitration shall be performed in compliance with the Arbitration and Conciliation Act of 1996. Bangalore is the seat of such arbitration. Both hearings relating to such arbitration, including without restriction all prizes, shall be in the English language. The arbitral award shall be definitive and binding on the parties to the dispute.

13.8 According to the provisions of Clause 17 above, the courts of Bangalore shall have sole power to try any case arising under or under these Terms.

14. The HEALTH LYNC HEALTH PLAN – USER TERMS AND CONDITIONS

For the purposes of the following terms and conditions (“Health Lync Health Plan Terms”), the service given to you (as described below) encourages consultation and other advantages, as detailed hereinafter, with Practitioners (health care professionals, including all their physicians, agents, employees) registered pharmacies that encourage prescription orders (“Registered Pharmacies”) Other benefits Health Lync can provide in the future as part of the Health Lync Health Plan subscription (“Health Plan Service”/”Plan”). Health Lync manages and supports the Health Plan Coverage offered by the website.

14.1 NATURE AND APPLICABILITY OF TERMS

Please read these Insurance Lync Health Plan Terms carefully before you wish to use the Health Plan Program offered by Health Lync on its website. The Insurance Lync Health Coverage Terms and Conditions set out herein are in addition to the Wellness Lync Health Terms and Conditions (available at https://www.healthlync.com/company/terms) Read the Privacy Policy (available at https://www.thehealthlync.com/company/privacy ), (Terms and Conditions and Privacy Policy are generally referred to as “Normal Policies”) and, together, represent a legal arrangement between You and The Health Lync. The Basic Plans and the Health Lync Health Plan Terminology need to be read in accordance with your visit to the website and the use of the Health Plan Program. To the degree of any difference between the Standard Policies and the Health Lync Health Plan Terms, the Health Lync Health Plan Terms set out herein shall prevail over the Standard Policies to the extent of the inconsistency.

These Health Lync Health Plan Terminology shall extend to any person who, on behalf of or for the benefit of a patient, subscribes to the Health Plan Program either personally or including his/her family members/relatives. The primary customer must be enrolled on the website and must have applied to the Health Plan Program. For the purposes of these Health Lync Health Plan Terminology, the primary subscriber to the Health Plan Service is a person identified as the primary customer (‘Primary User’) on the Plan Page (as described below) who subscribes to the Health Plan Service either individually or for the benefit of other members; This could include any other person nominated by the Primary Member (hereinafter referred to as the “Protected Members”). The Protected Participants and the Main User are collectively and separately referred to as “You”/”Your”/”User”/”Users.” As part of the Health Plan Program, you can select various packages available under the Health Plan Service/Plan that best fit your needs as per the plan specifics set out in your Health Lync application (“Plan Details”). The basic information of the Customer will be shown on Your bought account page (“Plan Page”) hosted on Your Health Lync application.

If you have any concerns about any of these Insurance Lync Health Plan Terms, please feel free to email us at support@healthlync.com.

By accessing the Health Plan Program, you agree to the provisions of the Regular Plans and these Health Lync Health Plan Terms.

We reserve the right to change or cancel any portion of these Insurance Lync Health Plan Terms and Basic Policies for any cause and at any time, and you shall be advised of such changes through relevant notices on the Website. You can read these Insurance Lync Health Coverage Terminology and General Rules on a daily basis. Your continuing use of the Health Plan Program after any such alteration constitutes your commitment to follow and be bound by these Terms and the Basic Policy so amended.

You agree that you will be bound by these Health Lync Health Coverage Terms expressly for the use of the Health Plan Provider. If you do not comply with any of these Insurance Lync Health Plan Terms and/or Regular Practices, please do not access the Platform or use the Health Plan Program. Your access to and use of the Health Plan Program will be at the absolute discretion of Health Lync.

14.2 CONDITIONS OF USE

You must be 18 (18) years of age or older to register as a main customer on the Health Plan Provider website. As a primary user, you may include minors as covered members under the Health Plan Service made available and subscribed with the clear agreement that the primary Member is completely accountable and liable on all counts for complying with these Health LyncHealth Plan Terms with and on behalf of those covered members who are below the age of majority. By registering, visiting and using the Health Plan Service website or accepting these Terms and Standard Policies, you represent and warrant to Health Lync that you are 18 (18) years of age or older and that you have the right to enter into a contract on behalf of a Covered Member who is below the age of majority, and that you have the right to do so; Authority and ability to use the website and make use of the Health Plan Program and to consent and abide by these Terms.

14.3 TERMS OF THE HEALTH PLAN SERVICE

14.3.1 Term : The Health Care Service you have applied to will be available for the time specified in the Plan Information starting from the date of access to the Health Plan Service (“Term”). Upon expiry of the Contract, you can select a different plan as per the Plan Specifics and subscribe to or renew your existing subscription on terms that are current and subsisting as of the date of subscription or renewal. Benefits under the Health Plan Service may not be carried forward after the expiry of the Term.

14.3.2 Registration : The Primary Customer is a registered user on the Website and has applied to the Health Plan Coverage on the Website by paying the relevant premiums in compliance with the Plan Information. You may make use of the package exclusively for yourself or for yourself and any protected participant (s). And Covered Participant who is covered by the Health Care Program you sign up for will need to adopt an authentication process to access the Health Plan Service. The maximum number of qualifying protected participants for each primary user will be set out in the Plan Details. Covered Participants, once attached to the Primary Recipient, cannot be deleted, changed or modified.

14.3.3 Information : As part of the Health Plan Provider enrollment process, you can fill in your contact information and data to create a medical background and profile that will be made open to clinicians. The details you share will be handled in compliance with the Regular Policies.

14.3.4 Health Plan Service details : As part of the Health Plan Service, you are entitled to benefits (which may include such a range of consultations, deals on medications purchased through the Internet, free health check-ups, discounts/offers on medical testing and family practitioner benefits, or any other benefits that Health Lync may provide in the future) as set out in the Plan Information.

14.3.5 Health Plan Service process : Upon subscribing to the Health Plan Program, you will be able to make use of the benefits covered by the Health Plan Service as follows:

• Consultations : Covered Consultations and their Utilization : As part of the Health Plan Service, you are entitled to a range of subsidised appointments with Covered Providers (“Covered Consultations”). For the purposes of these Words, “Covered Professionals” are those Practitioners who have been on board Health Lync to provide you with a Covered Consultation as part of the Health Plan Program. The number of Covered Consultations that you are registered for can be seen on your Plan list. You can make use of the Protected Appointments either by booking into the Website using the Booking facilities (as published on the Website) or by means of a walk-in service. It is explained that the incentives under the Covered Consultations will be determined on a combined basis and not per participant. Illustratively, 1 Primary Customer signed up to the Health Benefit Service for 4 Covered Partners who are cumulatively entitled to 10 Covered Consultations. This means that the number of Covered Consultations as a community (Primary Recipient and Covered Members) is 10. These 10 Protected Consultations may be used by 1 individual user or more than 1 individual user in such a mix and proportion that they prefer as a party. In addition, once you have exhausted the Covered Appointments under the Health Plan Program, you will also be entitled to make use of those privileges that are part of the Health Plan Service, so if you request appointment with the Covered Practitioners once you have exhausted the Covered Consultation, you will have to pay the Covered Doctor a regular fee at their establishment. If you have exhausted the Covered Consultations that you were registered for prior to the expiry of the Period, you will have the option of renewing the Health Plan Service solely with the reason of agreeing to the maximum amount of Covered Consultations throughout the Term.

• Authentication : Whether you are booking a Covered Consultation via Health Lync’s Book Center, the Schedule Information would suggest the Covered Consultation has been consumed at the time of booking, unless you have cancelled the Covered Consultation as per the authorised deadlines set out in the Regular Policies. However, if you make use of the Covered Consultation by means of a walk-in visit, the Plan Information shall signify that the Covered Consultation has been consumed as soon as you validate your booking at the Covered Practitioner’s establishment. Covered appointments may not involve consultations with Physiotherapists, Psychologists, Ayurveda and Homeopaths.

• Medicine : As part of the Health Plan Program, you are entitled to receive on-order discounts of medicinal drugs (as provided for sale by Licensed Pharmacies who are the sellers of such medicinal products) via the Website during the Term as per the Plan Information. The form of bid will be set out in the specifics of your plan. Certain terms and conditions regulating the order of drugs which are available at https://www.practo.com/order/terms (“Order Terms”) will refer to you in accordance with the Regular Policies. Offers for the purchasing of medicines are valid only for the purchase of medicines through the website and not through any other means. For the purposes of these Health LyncHealth Plan Words, “Licensed Pharmacies” are those pharmacies that have been on-board The Health Lyncto give you the sale of the drug as part of the Health Plan Program via the Website. In addition, the Order Terms available to Health Lync and Patients on medical order will be enforced ‘as is’ in these Health LyncHealth Scheme Terms. It should be noted that Health Lyncis is not a vendor of medicines, but only a facilitator that facilitates the procurement of medicines between you and a registered pharmacist. Health Lyncis shall in no way be responsible for or liable for the selling of the underlying pharmaceutical substance between the Consumer and the licenced pharmacist. Health Lync here by disclaims and excludes all guarantees with respect to all facilities, details and/or goods contained in a medical order, whether express, implied or statutory.

• Diagnostics : As part of the Health Plan Service, you will be entitled to receive discounts/offers on medical testing made available to you (undertaken by the Diagnostic Centers) via the Term Web as per the Plan Information. The quantity of the discount or the type of bid can be calculated in the terms of your plan. Certain terms and requirements governing laboratory/diagnostic testing that are available at https://www.healthlync.com/company/terms/diagnostic would refer to you in accordance with the Regular Policies. Within the purposes of these Words, “Diagnostic Centers” are the screening centres that have been set up by The Health Lync to provide you with diagnostic services under the Health Plan Service. It should be remembered that the terminology applicable to Health Lync and Consumer for diagnostic testing shall apply ‘as provided for in these Terms. The lab that you select for the diagnostic test will have at-home diagnostic facilities and will provide on-the-job testing at your discretion. It is explained that not all medical tests may be provided by the Health Plan Program, which is at the discretion of those diagnostic centres. It is also explained that Health Lync does not carry out any medical testing, but is just a facilitator between the Patient and the Diagnostic Centres. Health Lyncis shall in no way be liable for or responsible for the particular examination and research carried out by the Diagnostic Centre. Health Lync disclaims and removes all warranties with support to any diagnostic facility rendered accessible by the User as part of the Health Plan Service.

• Health Check-ups : As a perk offered to you as a subscriber to the Health Plan Program, you can offer health check-ups with reduced fees during the term. The information (including the number) of health check-ups would be available to you on the Schedule tab. As in the case of Covered Consultations, the Primary Consumer and the Covered Participants can, as a collective, opt to make use of health checks in such proportion as they find necessary. Health tests will be carried out by the Licensed Professionals and the Diagnostic Centres.

• Family Doctor : As part of the Insurance Plan Service, you will also be able to benefit from online tele-consultation with the Doctors’ Team (“Family Doctor”). The Family Doctor will be available to you for consultation and you are not expected to pay any extra amount to see the Family Doctor. The Family Doctor advantage can be made possible by either a phone call or a chat or a video call. The basic policies available to you with respect to the online consultation (Health LyncConsult/Consult) will apply “as is.” Please note that the advantage of Family Doctor Consult is simply a consultation model and all experiences and relevant problems with the Practitioner working as a Family Doctor, including but not limited to Your health issues and/or Your experience, are solely between You and said Practitioner. You shall not keep Well Being Lync responsible for all other experiences and relevant issues. Such discussions you have had with the Family Doctor will be held in the Health Lyncdatabase in compliance with the relevant laws and subject to secrecy as set out in the Regular Policies. In addition, Health Lync in does not support any Practitioner practising as a Family Doctor whom you visit and are not in any way responsible for any drugs/medicines prescribed or for any medication prescribed by that Family Doctor on the basis of a referral. Furthermore, Health Lync’s shall not be liable for any lack of duty or service fault by any Practitioner. It is also explained that Health Lyncis is not a medical care provider, nor is it interested in delivering medical advice or diagnosis, hence it is not accountable and is not liable to You or any Doctor for the result of the consultation between You and that Practitioner. The Family Doctor advantage is made available to you for consultation with the Provider as part of the Health Plan Service and is in no way meant to replace physical appointments with the Practitioner.

14.3.6 Payment for the Health Plan Service : You will pay Health Lync at the point of access to the Health Plan Program at the rates set out in the Plan Details. At the time of your visit to the establishment of a Covered Consultation Practitioner, you are not obligated to pay any amount as long as your eligibility for Covered Consultations is legitimate and has been set out in the Schedule Page. Since accessing the Covered Consultation service, you are expected to tell the billing department of this Practitioner’s establishment that you have taken use of it with a Covered Consultation as part of the Health Plan Service, which can also be authenticated by the Practitioner’s establishment.

14.3.7 Health Plan Service Cancellation and Refund Policy : You will have the option of cancelling your access to Health Plan Providers. You can contact The Health Lync on Customer Care Chat Channel to cancel Your Health Plan Service Subscription. In addition, Health Lync may refund the price charged by You for your subscription to Health Plan Services (“Health Plan Subscription amount”), according to the following terms and conditions :

1. In the case that the Health Plan Subscription number is Rs. 3,999 (Rupees Three Thousand Nine Hundred and Ninety Nine) or Rs. 5,999 (Rupees Five Thousand Nine Hundred and Ninety Nine) the refund policy is as follows:

1. If the customer has not used all of the Health Plan Services listed in the User’s Plan Information within 15 days from the date of subscription to the Health Plan Services (” Free Look Period “) and if the user demands the cancellation of his/her Health Plan Services within the Free Look Period, Health Lync will refund the entire Health Plan Subscription sum charged by the user.

1. If the customer demands the cancellation of his/her access to the Health Plan Services during the Free Look Period and if the user has already taken use of those Health Plan Services stated in the User’s Schedule Information during the Free Look Period, Health Lync will subtract a limit of Rs.1000( Rupees One Thousand ) or the actual amount of the Health Plan Services offered by the user, whichever is higher.

1. If the customer orders the cancellation of his or her subscription to the Health Plan Services at the completion of the Free Look Period, Health Lync will refund the Health Plan Subscription balance as follows:

1. If the cancellation request by the customer comes within 16 (sixteen) days to 89 (eighty nine) days from the date of the user’s subscription to the Health Plan Services, Health Lync will refund 75 per cent (seventy-five per cent) of the Health Plan Subscription amount or the actual cost of the Health Plan Services rendered by the user, whichever is higher;

1. If the cancellation request by the customer is within 90 (Ninety) days to 179 (One hundred and Seventy Nine) days from the date of the user’s subscription to the Health Plan Services, Health Lync will refund 50 per cent (Fifty Percent) of the Health Plan Subscription amount or the actual cost of the Health Plan Services rendered by the user, whichever is higher;

1. If the cancellation order comes within 180 (one hundred and eighty) days to 269 (two hundred and sixty nine) from the date of the user’s subscription to the Health Plan Services, Health Lync will refund 25 per cent (twenty-five per cent) of the Health Plan Subscription total or the real cost of the Health Plan Services rendered by the user, whichever is higher;

1. The customer would not be entitled to any refund of the Health Plan Subscription total if the cancellation request is submitted by the user after 269 (Two Hundred and Sixty Nine) from the date of the user’s subscription to the Health Plan Services.

2. In the case that the Health Plan Subscription balance charged by the customer is Rs. 1,999 (Rupees One Thousand Nine Hundred and Ninety Nine) or Rs. 2,999 (Rupees Two Thousand Nine Hundred and Ninety Nine) the refund scheme is as follows:

2. If the user has not used all of the Health Plan Services listed in the User’s Plan Information during the Free Look Period and if the user demands the cancellation of his/her Health Plan Services within the Free Look Period, Health Lync will refund the whole Health Plan Subscription sum charged by the user.

2. If the user demands the cancellation of his/her subscription to the Health Care Services during the Free Look Period and if the user has already made use of any of the Health Plan Services listed in the User’s Plan Information during the Free Look Period, Health Lync would reimburse the cost of the Health Plan Subscription after deducting the appointment charge (as specified by the respective doctor on the website) for the consultation(s) made accessible by the user as part of the Health Plan Services.

2. If the customer orders the cancellation of his or her subscription to the Health Plan Services at the completion of the Free Look Period, Health Lync will refund the Health Plan Subscription balance as follows:

2. If the cancellation request by the customer is within 16 (sixteen) days to 89 (eighty nine) days from the date of the user’s subscription to the Health Plan Services, Health Lync shall refund 75 per cent (seventy-five per cent) of the Health Plan Subscription total or the actual cost of the Health Plan Services rendered by the user, whichever is higher;

2. If the cancellation order by the user is within 90 (Ninety) days to 179 (One hundred and Seventy Nine) days from the date of the user’s subscription to the Health Plan Services, Health Lync shall refund 50 per cent (Fifty Percent) of the Health Plan Subscription total or the actual cost of the Health Plan Services rendered by the user, whichever is higher;

2. If the cancellation order by the customer is within 180 (One Hundred and Eighty) days to 269 (Two Hundred and Sixty Nine) days from the date of the user’s subscription to the Health Plan Services, Health Lync shall refund 25 per cent (Twenty Five per cent) of the Health Plan Subscription total or the actual expense of the Health Plan Services rendered by the user, whichever is higher;

2. The customer would not be entitled to any refund of the Health Plan Subscription balance if the cancellation request is submitted by the user after 269 (Two Hundred and Sixty Nine) days from the date of the user’s subscription to the Health Plan Services.

3. In the case that the Health Plan Premium number charged by the customer is Rs.399 (Rupees Three Hundred and Ninety Nine) or Rs.499 (Rupees Four Hundred and Ninety Nine) or Rs.799 (Rupees Seven Hundred and Ninety Nine) the reimbursement policy is as follows:

3. If the customer has not used any of the Health Plan Services listed in the User’s Account Information within 7 ( seven ) days from the date of subscription to the Health Plan Services (” Free Look Period “) and if the consumer demands the cancellation of the Health Plan Services within the Free Look Period, Health Lync will refund the whole Health Plan Subscription sum charged by the user.

3. If the user demands the cancellation of his/her subscription to the Health Care Services during the Free Look Period and if the user has already made use of any of the Health Plan Services listed in the User’s Plan Information during the Free Look Period, Health Lync would reimburse the cost of the Health Plan Subscription after deducting the appointment charge (as specified by the respective doctor on the website) for the consultation(s) made accessible by the user as part of the Health Plan Services.

3. The customer would not be entitled to any refund of the Health Plan Payment balance until the cancellation request is submitted by the user within 7 (7) days from the date of the user’s subscription to the Health Plan Services.

4. In the case that the Health Plan Subscription balance charged by the customer is Rs.1499 (Rupees One Thousand Four Hundred and Ninety Nine) the refund scheme is as follows:

4. If the customer has not used all of the Health Plan Services listed in the User’s Plan Information within 15 (Fifteen) days from the date of subscription to the Health Plan Services (“Free Look Period”) and if the user demands the cancellation of the Health Plan Services within the Free Look Period, Health Lync will refund the entire Health Plan Subscription sum charged by the user.

4. If the user demands the cancellation of his/her subscription to the Health Care Services during the Free Look Period and if the user has already made use of any of the Health Plan Services listed in the User’s Plan Information during the Free Look Period, Health Lync would reimburse the cost of the Health Plan Subscription after deducting the appointment charge (as specified by the respective doctor on the website) for the consultation(s) made accessible by the user as part of the Health Plan Services.

4. The customer would not be entitled to any refund of the Health Plan Subscription balance if the cancellation request is submitted by the user within 15 (15) days from the date of the user’s subscription to the Health Plan Services.

5. Any returns of the Insurance Plan Subscription total to the customer are subject to the internal Practo review process.

6. According to Section 3.4.7(3) above, the amount of the insurance benefit subscription shall be refunded to the customer within fifteen (15) business days of the order for termination.

14.3.8 As part of the Health Plan Services, you are entitled to some discounts, incentives and bonuses. It is explained that none of these incentives can be redeemed for cash under the Insurance Plan Service.

14.3.9 Equal Use Agreement for the Wellness Lync Health Scheme.

For each programme, the following Equal Use Policy shall apply:

1. Users are entitled to use a limit of 5 (5) free online consultations every day (i.e. 5 (5) online consultations per day for all users, including the members covered). Upon completion of 5 (five) free consultations a day, consumers can opt to make use of additional consultations by paying the recommended consultation fee to the doctor.

2. Users are entitled to use up to 15 (Fifteen) free online consultations per month (i.e. 15 (Fifteen) free online consultations per month for all users, including the members covered). Upon completion of 15 (fifteen) free consultations each month, users can opt to make use of additional consultations by paying the recommended doctor’s consultation fee.

3. Each user of the Package can have 1 (one) successful doctor appointment at any given time. An online consultation is considered to be active for 60 (sixty) minutes from the actual start of the consultation and, upon completion of 60 (sixty) minutes, users may start a new online consultation.

4. The Equal Use Policy alluded to above is subject to a revision in discretion by Health Lyncat on the basis of potential research and real use.

14.4 APPLICABILITY OF THE STANDARD POLICIES

The provisions of the Wellness Lync Health Package are to be read in accordance with and in addition to the applicable terms of use under the Regular Policies. In the event of any inconsistency between the Health LyncHealth Scheme Terminology and the Regular Policies, the Terms shall prevail to the degree of the inconsistency.

14.5 REIMBURSEMENT UNDER THE HEALTH LYNC PLUS PLAN – TERMS & CONDITIONS

Payers who have applied to The Health LyncPlus Scheme, which is available on the website, are entitled to obtain discounts for the consultation charge agreed to by the doctor on the website for each consultation (“Consultation Fee”) according to the following terms and conditions:

1. Only those people who have applied to The Wellness LyncPlus Service via the Website are entitled to a refund on the Consultation Charge.

2. The overall refund that can be made available to the Customer through consultation is Rs. 500/- (Rupees Five Hundred only).

3. Reimbursement is only applicable on the Referral Fees and not on the fees charged by the Customer on each Consultation. For eg, if the doctor has sent an invoice for Rs. 500/-and the treatment fee as stated in the doctor’s profile on the website is Rs. 400/-, the customer who has visited the doctor will only be entitled to a refund of Rs. 400/-and not Rs. 500/-.

4. For the intent of making use of the refund, Users shall give a legible picture/photo of the invoice/billet sent by the respective clinic/hospital to which the said Person has booked an appointment at pluscashback@practo.com.

5. The e-mail to be submitted by the Recipient (as alluded to in Clause 5 above) shall also contain the following details:

5. Picture/photo of invoice/billet

5. bank information of the consumer

6. The picture/photo referred to in Clause 5 shall include the following information for consumers to make use of the refund:

6. The user’s name (name should be as mentioned in the The Health LyncPlus membership before the booking the appointment)

6. Name of hospital/clinical

6. The name of the physician

6. Consultation fees/fees charged.

7. The Health Lyncteam shall check the number stated in the invoice with the referral charge agreed to by the doctor on the website.

8. Any requests for compensation received by the Customer after the expiry of his or her access to The Health LyncPlus Contract are null.

9. A Customer could not pass his/her right to a refund when renewing his/her Health LyncPlus Service subscription.

10. Plus is not a product of insurance.

11. Any requests for compensation submitted by the User 30 days after the date of appointment are invalid.