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TERMS OF USE

VERSION DATE: 05 Feb 2024

These terms of use (“Terms”) govern your use and access of the website www.vkonnecthealth.com (or such other URL as may be designated by the Company from time to time) (“Website”) and application branded “VKonnect Health” (or such other application or other related services as may be designated by the Company from time to time) (“Application” and collectively with the Website, “Platform”) owned by Integrace Private Limited (“Company”), a company duly registered and incorporated under the Companies Act 2013, whose address is at Rocklines House, Ground Floor, 9/2, Museum Road, Bangalore, Karnataka, India, 560001. By using the Platform, you are agreeing to comply with and be bound by these Terms. Please review the Terms carefully. If you do not agree to these Terms, you should not use the Platform, review any information, or utilize any service from the Platform. These Terms constitute a binding agreement and an electronic record under the Information Technology Act 2000 and the rules thereunder and the amended provisions pertaining to electronic records under various Indian statutes.

1 ELIGIBILITY

You represent that (a) you are at least 18 (eighteen) years of age and competent to form a binding contract, (b) you are not otherwise barred from use of any of the Company’s services and Platform and have not been previously suspended or removed from the Platform, and (c) your registration and use of the Platform is in compliance with any and all applicable laws and regulations. You shall use the Platform in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You further represent, warrant and covenant that if you use the Platform as an employee, contractor or agent of a company or any other third-party, then you have the authority to bind such company / third-party to the acceptance of these Terms and effectively “you” and “your” shall also refer to the company / third-party.

2 REGISTRATION AND ACCOUNT CREATION

2.1 To access certain features of the Platform, you must create a user name in connection with your use of the Platform (your “User Account”). You may register on the Platform by logging into your User Account with your credentials from certain third-party email networks. You confirm that you are the owner of any such third-party account and that you are entitled to disclose your third-party account login information to the Company. You authorize the Company to collect your authentication information, and other information that may be available on or through the third-party account consistent with your applicable settings and instructions. The Company reserves the right to refuse access to the Platform to new users or to terminate access granted to existing users at any time without providing any reasons for doing so. You shall not have more than one active User Account on the Platform.

2.2 When you register to use the Platform, you may be required to provide the Company with the information requested in the registration process, including your name, mobile phone number, date of birth, profession and qualification, email address, registration number associated with your profession, country, state and city of residence and such other additional information as may be sought by the Company to ensure the integrity of the Platform. By registering to use the Platform, you authorize the Company to collect such information. As part of the account creation process which is necessary for obtaining access to certain features of the Platform, you will provide the Company with accurate, truthful, complete and updated registration information.

2.3 The Company is not responsible for unauthorized access to your User Account and will not be liable for any losses caused by any unauthorized use of your User Account, including, in cases where you have failed to update your revised mobile phone number and/or email address as registered on the Platform. You must contact the Company immediately if you believe an unauthorized third-party may be using your User Account or if your User Account information is lost or stolen. You shall not use another user’s User Account without permission of such user. You accept responsibility for all activities that occur under your User Account.

2.4 You shall ensure and confirm that the User Account information provided by you is complete, accurate and up to date. You confirm that you have had appropriate training and education and have acquired all the necessary qualifications, licenses and registrations to provide healthcare services that are relevant to the role under which your registration with the Platform is being made, as per applicable laws. If there is any change in the User Account information, you shall promptly update your User Account information on the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your User Account and refuse any and all current or future use of the Platform at its discretion, in addition to any right that the Company may have against you at law or in equity. 

2.5 You shall not falsely represent yourself as another person or representative of another person to use the Platform. You acknowledge that the Company has a right to change the user name of a User Account if required, including if your user name impersonates another user or infringes the intellectual property rights of another user.

3 PERSONAL INFORMATION

Any personal information that the Platform collects from you shall be used in the manner set out in the Privacy Policy.

4 LICENSE

4.1 Subject to your complete and ongoing compliance with these Terms, the Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install, access and use the Platform on any computing device, including a mobile device that you own and control; and (b) access such content on the Application which is owned by the Company. For using any content owned by a third-party, you may still require a license from such third-party, and you acknowledge and agree that the Company does not license such third-party owned content to you and your use of content owned by a third-party is governed by applicable terms and conditions prescribed by such third-party.

4.2 Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Platform; (b) make modifications to the Platform; (c) interfere with or circumvent any feature of the Platform, including disabling or circumventing features that prevent or limit use or copying of any content or any security or access control mechanism; or (d) reverse engineer or otherwise attempt to discover the source code of any portion of the Platform. If you are prohibited under applicable law from using the Platform, you may not use it.

4.3 If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.

4.4 The Platform is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform, including the AI algorithms, designs, databases, and software used in the Platform (“Materials”) provided by the Company are protected by intellectual property and other laws. All Materials included in the Platform are the property of the Company or its third-party licensors. Except as expressly authorized by the Company, you may not make use of the Materials. The Company reserves all rights to the Materials not granted expressly in these Terms.

5 THIRD-PARTY TERMS

5.1 The Company may provide tools through the Platform that enable you to export information, including User Content (as defined below), to third-party services, including through features that allow you to link your User Account with an account on the third-party service, such as X, Instagram or Facebook. By using one of these tools, you agree that the Company may transfer that information to the applicable third-party service. The Platform may also contain links to third-party websites. Linked websites are not under the Company’s control, and the Company is not responsible for their content. The Company is not responsible for any third-party content, including advertisements that may be contained in the Platform.

5.2 The Platform may allow you to access and consume third-party content sourced from RSS Feeds, external API integrations, and the web, and may contain links to other websites. Such third-party content may be auto aggregated, and the Company is not in any manner involved in the creation, editing or selection of such third-party content. If you choose to consume such third-party content or access links to other websites, you acknowledge and agree that you may be redirected to the original third-party content publisher’s website, and except in the manner as specifically authorised by such third party content publisher’s website, you shall not modify, copy, reproduce, republish, upload, post, transmit or distribute such third-party content. The Company shall have no responsibility, liability or obligation towards any content including the validity or legality thereof, or the accuracy of opinions expressed on such websites, or for any data breaches or damages arising from your use of such websites. You accept and acknowledge that such websites are not investigated, monitored or checked for accuracy or completeness by the Company. Any third-party content made accessible through the Platform or the inclusion of any linked website on the Platform does not imply approval or endorsement of the content or such linked website by the Company. If you decide to leave the Platform and access these third-party sites, you do so at your own risk.

6 DISCLAIMER

THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES IN RELATION TO THE PLATFORM AND SERVICES INCLUDING THE WARRANTY OF SECURITY, RELIABILITY, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT OPERATIONS OF THE PLATFORM OR THE NETWORK TO WHICH THE PLATFORM IS CONNECTED WILL BE ERROR FREE OR UNINTERRUPTED OR THAT PROGRAMMING ERRORS IN THE PLATFORM CAN BE FOUND IN ORDER TO BE CORRECTED. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILIY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM , WHEATHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (I) THE PLATFORM INCLUDING ANY THIRD-PARTY INFORMATION WHICH MAY BE INTEGRATED IN OR MADE ACCESSIBLE THROUGH THE PLATFORM IS MADE AVAILABLE “AS-IS” AND WITHOUT WARRANTY OF ANY KIND BY THE COMPANY; (II) WITHOUT LIMITATION, THE COMPANY DOES NOT MAKE ANY WARRANTY OF TIMELINESS, UPTIME, OR UNINTERRUPTABILITY, OF THE PLATFORM; AND (III) ACCURACY, COMPLETENESS, CURRENTNESS, LEGALITY, RELIABILITY, MERCHANTABILITY, TIMELINESS, FAIRNESS, OR OPERABILITY OF THE INFORMATION ON THE PLATFORM. THE COMPANY HAS NO RESPONSIBILITY FOR LOSS OF DATA OR USE OF THE PLATFORM FOR ANY REASON DUE TO THE ACTS OR OMISSIONS OF ITS THIRD-PARTY HOSTING OR OTHER PROVIDERS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, DATA OR MATERIAL WITHIN THE PLATFORM.  YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR USER ACCOUNT OR USER ACCOUNT INFORMATION OR ANY PRODUCTS OR SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. THE COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR THE COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING THE COMPANY OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM, USER CONTENT OR YOUR DEALING WITH ANY OTHER USER OF THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE PLATFORM AND ITS CONTENTS ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, HEALTH CARE AND WELLNESS, MEDICAL CARE, DIAGNOSIS OR TREATMENT, AND NO INFORMATION OR DATA AVAILABLE ON THE PLATFORM SHALL IN ANY MANNER BE CONSTRUED TO BE MEDICAL OR HEALTHCARE ADVICE IN ANY MANNER. YOU SHALL BE SOLELY LIABLE TO DETERMINE THE SUITABILITY OF THE INFORMATION ACCESSED THROUGH THE PLATFORM AND THE COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR: (I) ANY MEDICAL ADVICE OFFERED BY YOU TO ANY THIRD-PARTY BASED ON THE INFORMATION OR ADBTAINED THROUGH THE PLATFORM ; (II) ANY MEDICATION OR TREATMENT PROVIDED BY YOU TO ANY THIRD- PARTY BASED ON THE INFORMATION OR ADVICE  OBTAINED THROUGH THE PLATFORM; (III) ANY THIRD-PARTY CLAIMS RECEIVED BY YOU WITH RESPECT TO MEDICAL NEGLIGENCE OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR RELIANCE ON ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PLATFORM.

 YOU UNDERSTAND THAT WHILE THE COMPANY STRIVES FOR ACCURACY, THE RELIABILITY OF AI-GENERATED INFORMATION AND THE AI-BASED SERVICES OFFERED BY THE PLATFORM CANNOT BE GUARANTEED. DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE PLATFORM ARE AT YOUR SOLE DISCRETION AND RISK. THE COMPANY IS NOT LIABLE FOR ANY INACCURACIES OR RECOMMENDATIONS MADE BY THE AI. YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY DECISIONS OR OUTCOMES RESULTING FROM THE USE OF THE AI-BASED SERVICES OFFERED BY THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR ALL DECISIONS MADE BASED ON THE USE OF THE PLATFORM. YOU UNDERSTAND AND AGREE THAT IF THE OUTCOME GENERATED FROM THE USE OF THE AI-BASED SERVICES OFFERED BY THE PLATFORM REFERENCES ANY THIRD-PARTY BRAND, PRODUCTS OR SERVICES, IT DOESN’T MEAN THAT THE COMPANY IS AFFILIATED WITH OR ENDORSES SUCH THIRD-PARTY. WHILE THE COMPANY COMMITS TO ETHICAL AI PRACTICES AND COMPLIANCE WITH RELEVANT REGULATIONS, YOU AGREE TO USE THE AI-BASED SERVICES OFFERED BY THE PLATFORM RESPONSIBLY AND LAWFULLY. YOU UNDERSTAND THAT THE AI-BASED FUNCTIONALITIES OF THE PLATFORM USE AND LEARN FROM USER DATA AND CONSENT TO THE USE OF YOUR DATA BY THE AI TO IMPROVE SERVICES AND UNDERSTAND THAT ANONYMIZED DATA MAY BE USED FOR ENHANCING THE AI ALGORITHM.

 THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT THE COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

7 USER CONTENT

7.1 “User Content” means any content that you submit, host, display, upload, modify, publish, store, update, share, webcast, stream, or otherwise transmit (collectively, “Post”) to the Platform, including any inputs and outputs to and from the artificial intelligence (AI) based services offered by the Platform. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Platform.

7.2 By Posting User Content to or via the Platform, you grant the Company a worldwide, non-exclusive, irrevocable (subject to applicable laws), royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, display, create derivative works, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content and derivative works thereof, in whole or in part, in any media formats and through any media channels now known or hereafter developed, including in the Company’s marketing and advertising of the Platform, if any.

7.3 By Posting User Content to or via the Platform to other users of the Platform, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Platform. You must not Post any User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post.

8 USER CONTENT REPRESENTATIONS AND WARRANTIES.

8.1 The Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of Posting User Content. By Posting User Content, you affirm, represent, and warrant to us that:

7.1.1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize the Company and users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by the Company, the Platform, and these Terms;

7.1.2. your User Content, and the Posting of or use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) cause the Company to violate any law or regulation (iv) impair the safety, health or well-being of others;

7.1.3. the Posting of your User Content on the Platform will not: (i) require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties (and that you will pay any such amounts resulting from your Posting of the User Content);

7.1.4. your User Content shall not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, obscene, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, hateful, or otherwise inappropriate and otherwise not in compliance with these Terms.

8.2 You shall at all times ensure that while using or sharing any User Content that is generated through the use of the Platform’s AI-based services, you will disclose and indicate that such User Content has been generated through the use of AI, in a way that no person could reasonably miss or misunderstand.

8.3 Except as required pursuant to applicable law, the Company is under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. The Company may, however, at any time and without prior notice, screen, remove, edit, change the Posted location of, or block any User Content that in its sole judgment violates these Terms, is otherwise objectionable, or in the Company’s sole discretion. You understand that, when using the Platform, you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against the Company with respect to any User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, the Company may investigate the allegation and determine in the Company’s sole discretion whether to remove the User Content, which the Company reserve the right to do at any time and without notice. For clarity, the Company does not permit copyright-infringing activities on the Platform.

9 CONTESTS AND GIVEAWAYS

9.1 The Company may make promotional events such as surprises, offers, discounts, contests or incentive programs available on the Platform from time to time (each an “Event”). Events are void where prohibited or restricted by law or where there are registration or bonding requirements. In order to be eligible, you must meet the eligibility requirements as provided in the relevant event description page (“Event Page”) or on the Platform. An Event Page may also indicate the applicable start and end date, judging criteria (for contests), and prizes to be awarded each winner of an Event. The Company reserves the right to modify or cancel any Event, in its sole discretion, at any time and without notice, even though such action may affect your ability to win a prize. The Company is not responsible for any typographical error or other error in the description of any Event. You agree that you are only eligible to receive prizes from Events held in the country in which your Account is registered.

9.2 All contests on the Platform that are contests of skill will have all winners selected on an objective basis. Odds of winning depend on the skill and number of people participating. All contests on the Platform that are contests of chance will have all winners selected on a purely random basis. You agree that the Platform has the sole right to decide all matters and disputes arising from any contest and that all decisions of the Company related to a contest are final and binding. The Company reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in the Company’s reasonable suspicion, tampers with a contest, the entry or participation process, violates the terms on the Event Page or these Terms, or acts in an unsportsmanlike or disruptive manner.

9.3 You are responsible for all taxes and fees associated with the receipt and use of any prize. The Company has the right to withhold prizes as it believes reasonably necessary for legal compliance, including any tax regulations. You may have to provide a Social Security number or Taxpayer ID prior to the awarding of any prize.

9.4 Each winner may be required to sign an affidavit of eligibility, liability release and a publicity release that, among other things, will allow the Company to use the winner’s name, photograph, likeness, voice, prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in a contest constitutes your consent to the Platform’s use of your name, likeness, voice, opinions, biographical information, address, and state for promotional purposes in any media without further payment or consideration.

10 USAGE RESTRICTIONS

10.1 While using the Platform, you shall not:

10.1.1 copy, translate, disassemble, decompile, reverse-engineer, distribute, publish, display, perform, modify, upload to or otherwise modify any parts of or create derivative works from the Platform, or any other materials provided to you by the Company;

10.1.2 use the Platform for any illegal purpose or in violation of any local, state, national, or international law;

10.1.3 interfere with or attempt to interfere with or otherwise disrupt the proper working of the Platform, any activities or transactions conducted on or through the Platform or any servers or networks connected to the Platform including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) collecting personal information about another user or third-party without consent or illegally or improperly using such information; or (iii) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform, including by uploading or transmitting content that is excessively burdensome on the Platform;

10.1.4 sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials;

10.1.5 to the extent any part of the Platform permits you to share or input any information, data or messages; Post, upload, input, transmit or otherwise make available any content through the Platform that:

(i) is illegal, fraudulent, deceptive, invasive of another’s privacy, tortious or unauthorized by these Terms.

(ii) is harmful to child;

(iii) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

 (iv) is promotional in nature, without the prior written consent of the Company, or constitutes spam, pyramid schemes or the like;

(v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(vi) impersonates another person;

(vii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(viii) is patently false and untrue, and is written of published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause injury to any person;

 (ix) is offensive, vulgar, harassing, threatening, discriminatory, racist, hateful or otherwise harmful, against any individual or group;

 (x) infringes any Intellectual Property Rights (as defined below) of the Company or any third-party;

 (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;

 (xii) constitutes the personally identifiable information of any third-party that you do not have adequate rights to input, distribute, upload, post, e-mail, transmit or otherwise make available via the Platform; or

 (xiii) you do not have the right to under any law or contractual or fiduciary relationship;

(xiv) makes any negative, denigrating or defamatory statement(s) or comment(s) about the Company, its affiliates or group companies, or brands or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or its affiliates or dilute any trademarks or tradenames owned or used by the Company or its affiliates and/or goodwill associated therewith;

(xv) does not comply with all applicable laws, rules, and regulations;

(xvi) Promotes or advertises any goods or services in India which are not permitted to be promoted or advertised in India;

10.1.6 use any of the trademarks, trade names, service marks, copyrights or logos of the Company in any manner that creates the impression such items belong to or are associated with you or are used with the Company’s consent;

10.1.7 either take or attempt any action that, in the sole discretion of the Company, imposes or may impose an unreasonable burden on the Platform or the infrastructure of the Platform, or otherwise abuse the Platform;

10.1.8 either obtain or attempt to obtain through any means any materials or information on the Platform that have not been intentionally made publicly available either by public display on the Platform or through accessibility by a visible link on the Platform;

10.1.9 violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems or networks connected to any server associated with the Platform, through hacking or any other means;

10.1.10 use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform;

10.1.11 probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information;

10.1.12 not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Platform or any service offered on or through the Platform; and

10.1.13 use the Platform or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company.

11 TERM AND TERMINATION

11.1 These Terms will continue to apply until terminated by either you or the Company, as per the terms herein.

11.2 If you want to terminate these Terms, you may do so by closing your User Account (if any) on the Platform. However, such termination shall not affect any rights and obligations that result from or are related to your use of the Platform prior to such termination. In addition, the Company shall have the right at any time, at its sole discretion, to disable, suspend or terminate any User Account, with or without notice, for any or no reason, including if, in the opinion of the Company, you have violated any provision of the Terms. The Company shall not be responsible for any losses incurred or suffered by you as a result of such disabling, suspension or termination of your User Account. 

11.3 The Company may further at any time, at its sole discretion, with or without notice, suspend or terminate these Terms and your User Account if:

11.3.1 You breach any of the provisions of these Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you;

11.3.2 The Company is required to do so by law; and

11.3.3 The Company has elected to discontinue, with or without reason, access in general or your access, in particular, to the Platform.

11.4 Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; (b) you will no longer be authorized to access your account or the Platform; (c) you must immediately pay the Company any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive.

12 INDEMNITY AND LIMITATION OF LIABILITY

12.1 You shall fully indemnify the Company, its affiliates, their employees, directors, officers and licensors against all losses, damages and claims (including third-party claims), suffered by the Company arising out of or related to any use of the Platform by you in violation of these Terms or any applicable law or in infringement of the rights of a third-party or any other terms applicable to the use of the Platform. The foregoing shall apply regardless of whether such loss or damage is caused by your conduct and/or the conduct of a third-party using your User Account.

12.2 The right of indemnification of the Company hereunder shall be in addition to all other rights available to the Company in law, equity or otherwise, including without limitation rights of specific performance, recession and restitution.

12.3 You hereby agree and acknowledge that any payments to be made pursuant to this paragraph are not in the nature of a penalty but merely reasonable compensation for the loss that would be suffered, and therefore, you waive all rights to raise any claim or defence that such payments are in the nature of penalty and undertake that you will not raise such claim or defence.

12.4 The Company (including its officers, directors, employees, agents or other representatives) or its affiliates or licensors shall not be liable for any special, incidental, consequential, or indirect damages, loss of goodwill, loss of revenues or business profits, loss of data, or for exemplary or punitive damages, arising out of, or relating to these terms whether framed as a breach of warranty, in tort, contract, or otherwise. The foregoing shall apply even if the Company was advised of the possibility of such damages. You agree that liability limitations contained in this paragraph shall include any claims against employees or subcontractors of the Company, or any other persons authorized by the Company.

12.5 EXCEPT AS PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO .

12.6 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13 ADDITIONAL TERMS

13.0.1 All Users that are publishers of news and current affairs content, except any individuals not transmitting online curated content in the course of systematic business, professional or commercial activity, shall furnish details of the User Account to the Ministry of Information and Broadcasting as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

13.0.2 Use of certain content by Users in the creation of User Content, without due authorisation, may not amount to infringement under Section 52 of the (Indian) Copyright Act 1957. In the event the usage of third-party content in User Content is not permitted by the rights holder or otherwise under applicable laws, Users will be required to obtain a license from the relevant rights holder for incorporating the content in the User Content. In the event the Company receives a notice for alleged copyright infringement, the procedure set out in Clause 13.1.3 shall be applicable.

13.0.3 Take Down Notice: The Company responds to notices of alleged copyright infringement and terminates access to the Platform for repeat infringers. If You believe that materials on the Platform infringe copyright, please send a written complaint which shall contain the following particulars, namely:

(a) the description of the work with adequate information to identify the work;

(b) details establishing that You are the owner or exclusive licensee of copyright in the work;

(c) details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the work owned by You and that the allegedly infringing act is not covered under section 52 or any other act that is permitted by the (Indian) Copyright Act, 1957;

(d) details of the location where transient or incidental storage of the work is taking place;

(e) details of the person, if known, who is responsible for uploading the work infringing Your copyright; and

(f) undertaking that You will file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the receipt of the take down notice by the Company.

If You do not follow these requirements, your notice may not be valid.

13.1 Grievance Redressal:

13.1.1 Any complaints arising from the use of the Platform may be addressed to the following:

(a) Name: (“Grievance Officer”)

(b) Email: 

13.1.2 All complaints should be addressed in the following format:

(a) Name of complainant:

(b) User login ID of the complainant (Please do not share password):

(c) Nature of grievance (Please Select / Provide, As Applicable)

(d) Provisions of the rules the complainant believe are violated (To the extent possible):

(e) Details of other proceedings initiated (if any):

(f) Please provide details along with a copy of the complaint, replies, orders passed, if any.

13.1.3 The Grievance Officer shall within twenty-four hours of receiving the complaint initiate inquiry into the same and shall endeavour to resolve the complaint promptly, but in any case, within 15 days from the date of receipt of complaint. However, in absence of complete information being provided, the Company will not be able to address any issues You may raise. You would need to respond within 72 hours of a request from us for additional information in order to act on Your claim, failing which the grievance will be deemed dismissed. The prescribed timeline of 15 days will commence from the date of complete information received on the correct email ID.

14 CONFIDENTIALITY

14.1 You shall not use or reproduce any Confidential Information in any form and shall keep all Confidential Information strictly confidential. You shall take such steps to protect the Confidential Information as you take to protect your own similar proprietary and confidential information, which shall not be less than a reasonable standard of care; and shall not disclose any Confidential Information of the other to any person other than individuals whose access is necessary to enable it to exercise its rights and/or perform its obligations hereunder and who are under obligations of confidentiality substantially similar to those set forth herein. For the purpose of this paragraph, “Confidential Information” shall mean information which (i) the Company protects against unrestricted disclosure to others; (ii) the Company or its representatives designate as confidential at the time of disclosure; or (iii) should reasonably be understood to be confidential given the nature of the information and the circumstances surrounding its disclosure; including, without limitation, information about or concerning any third-party that is disclosed to you.

14.2 The Company has no obligation of confidentiality or nondisclosure, express or implied by considering your suggestions, feedback or ideas. You hereby grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise commercially exploit any suggestion, feedback or ideas you submit to the Company through the Platform or otherwise.

15 FORCE MAJEURE

The Company shall not be in default of performance of its obligations under these Terms or for indemnification provided for hereunder, if such performance is prevented or delayed for any cause beyond the reasonable control of the Company, including war, hostilities, revolution, riots, civil commotion, strikes, lockouts, epidemic, pandemic, lockdowns, fire, explosion, act of God, any act of government, espionage, network failure or failure of electronic transmission, default or failure of/ by any third-party or any other cause.

16 GOVERNING LAW

16.1 These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce this Terms. Subject to the paragraph 17 (Dispute Resolution), you irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

17 DISPUTE RESOLUTION

17.1 In the event of a dispute, controversy or difference of any nature whatsoever between you and the Company, the same shall be, as far as possible, be amicably resolved through negotiations between you and the Company and in the event of failure of dispute resolution by negotiations, the dispute shall be referred to arbitration under the [Arbitration and Conciliation Act, 1996].

17.2 If the dispute has been referred to arbitration proceeding, the parties shall mutually appoint a [sole arbitrator]. If the parties fail to mutually appoint an arbitrator, the same shall be done in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The decision of the sole arbitrator shall be final and binding. The venue of arbitration shall be Mumbai and the arbitration proceedings shall be conducted in accordance with provisions of the Arbitration and Conciliation Act, 1996 or any subsequent modifications thereto. The proceedings shall be in English.

18 NOTIFICATIONS 

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business purposes, to you via push notifications, your registered mobile number, email address, written or hard copy notice, or through posting of such notice on the Platform, as determined by the Company in its sole discretion. The Company reserves the right to determine the form and means of providing notifications to you, provided that you may be able to opt out of certain means of notification as described in such notifications. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications the Company sends to the email address you provide the Company. By using the Platform, you consent to receiving electronic communications from the Company. These electronic communications may include notices about transactional or other information concerning or related to the Platform. You agree that any notices, agreements, disclosures, or other communications that the Company sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. You further acknowledge and agree that the AI-based services offered by the Platform may be updated or modified to improve performance, accuracy, or for other reasons. You agree that the Company may do so at any time without prior notice to you.

19 SECURITY POLICY

The Company takes the security of its systems, network and infrastructure seriously. While the Company strives to use the latest technologies and best practices available to ensure a highly secure environment for its customers, the Company acknowledges that no technology is perfect. The Company constantly studies and looks for any weaknesses in the technology and design of the Platform. If you believe you've found a security issue in the Platform, the Company encourages you to notify at support@vkonnecthealth.com. The Company welcomes contributions and will work with you to resolve any issue promptly. The Company shall recognize the contributions of security researchers who invest their time and effort in helping make the Platform more secure.

20 INFORMATION AND PRESS RELEASES

The Platform contains information and press releases about the Company. While this information was believed to be accurate as of the date prepared, the Company disclaims any duty or obligation to update this information or any press releases. Information about entities other than the Company contained in the press release or otherwise, should not be relied upon as being provided or endorsed by the Company.

21 MISCELLANEOUS

21.1 Contact Us: You may reach out to the Company for general enquiries on contactus@integracehealth.com. For any support related queries, please reach out to support@vkonnecthealth.com or alternatively through the ‘Help’ button on the Platform.

21.2 Notice: Any notice to be served by you on the Company shall be sent to the address mentioned in Terms or as updated by the Company on the website of the Company from time to time.

21.3 Assignment: The Company may assign any of its rights under these Terms to any person or entity. You may assign your User Account and these Terms to a third-party upon receipt of consent from the Company.

21.4 Amendments: The Company may, in its sole discretion, modify or update these Terms from time to time. Therefore, you should review these Terms periodically. When the Company changes the Terms in a material manner, the Company will update the “Version Date” at the top of this page. The Company shall not be responsible to notify you that changes have been made to these Terms. Your continued use of the Platform after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future Terms, do not use or access (or continue to access) the Platform. Except as otherwise provided in this paragraph, these Terms may not be amended, nor any obligation waived, without the Company’s express written authorization. You agree and acknowledge that the form and nature of the Platform, and any part of it, may change from time to time without prior notice to you, and that the Company may add new or remove existing features and change any part of the Platform.

21.5 Survival: Termination of these Terms shall not affect those provisions hereof that by their nature are intended to survive such termination. 

21.6 Severability: If any paragraph, sub-paragraph, or provision of these Terms, or the application of such paragraph, sub-paragraph, or provision, is held invalid or excessively broad by a court of competent jurisdiction, the remainder of this Terms, and the application of such paragraph, sub-paragraph, or provision to persons, or circumstances other than those with respect to which it is held invalid shall not be affected.

21.7 Waiver: No term or provision hereof will be deemed waived, and no variation of terms or provisions hereof shall be deemed consented to, unless such waiver or consent be in writing and signed by the party against whom such waiver or consent is sought to be enforced. Further, waiver by any party of any default or breach of these Terms at any one instance shall not be deemed or construed to be a continuing waiver of the default or breach of such term for a subsequent breach thereof.

21.8 Relationship: The relationship between parties is on a principal-to-principal basis, and nothing in these Terms will be construed as creating a partnership, agency, or employment relationship.

21.9 Entire Agreement: These Terms along with the Privacy Policy constitutes the entire agreement and understanding between the parties in respect of the subject matter hereof and supersedes all other oral or written proposals, correspondence, or agreements.