Terms & Conditions

TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Mobile Application, hereinafter referred to as the ‘App” operated by Healthathon Tech Private Limited (HTPL). HTPL is the author and the publisher of the App. HTPL owns and operates the services provided through this App. The user’s access to and use of the Service is conditioned on the user’s acceptance of and compliance with these Terms and Conditions (Terms). These Terms apply to all visitors, users and others who access or use the Service.     

IT IS OF UTMOST IMPORTANCE TO CLARIFY THAT ALL INFORMATION PROVIDED IN THE APP RELATED TO HEALTH SERVICE IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, HTPL IS NOT A SUBSTITUTE FOR      PROFESSIONAL HELP OR TREATMENT TO BE PROVIDED BY SUCH PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, HEALTH PROFESSIONALS, NUTRITIONISTS, FITNESS EXPERTS AND MENTAL HEALTH PROFESSIONALS, DE ADDICTION AND LIFESTYLE CHANGE COUNSELLORS; AND RELIANCE ON ANY INFORMATION PROVIDED BY THE APP HEALTH SERVICE IS SOLELY AT YOUR OWN RISK.

By accessing or using the Service the user agrees to be bound by these Terms. If the user disagrees with any part of the terms then the user may not access the App and Service.

NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available on the App (“Privacy Policy). These Terms and the Privacy Policy together constitute a Legal Agreement (“Agreement”) between the user and HTPL in connection with the user’s visit to the App and  the use of the Services thereon (as defined below).     

In this Agreement, unless the context clearly indicates a contrary intention:

     Headings in this Agreement are inserted for convenience only and shall not be used in its interpretation;

  1. A reference to a law includes a reference to any constitutional provision, subordinate legislation, treaty, decree, convention, statute, regulation, rule, ordinance, proclamation, by-law, judgment, rule of common law or equity; and is a reference to that law as amended, consolidated, supplemented or replaced; 
  2. A word or an expression, which denotes a natural person, shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa).
  3. The use of the word “including” followed by a specific example(s) in this Agreement, shall not be construed as limiting the meaning of the general wording preceding it.
  4. Reference to a “person” includes (as the context requires) an individual, proprietorship, partnership firm, company, body of corporate, co-operative society, entity, authority or anybody, association or organization of individuals or persons whether incorporated or not.     

The Agreement applies to the user whether the user is –

    1. A diagnostic center (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the App, including designated and/or authorized person  of such Diagnostic Centers or institutions ((including any legal heirs, administrators or successors etc.) (“Center(s)”, “the user” or “User”); or 
    2. A natural or legal person (including any legal heirs, administrators or successors etc.) who has agreed to become a User of the  App by accessing or browsing the App or otherwise, and/or has registered as a member of the App by submitting identification information/ registration details. (“the user” or “User”).
    3. A patient, his/her representatives or affiliates, searching for Diagnostic Centers through the  App (“End-User”, “the user” or “User”); or

This Agreement applies to those services made available by HTPL on the App, which are offered free of charge to the Users (“Services”) at present and shall be chargeable at a rate to be decided by HTPL at its sole discretion after due notification , including, the following:

    1. For Diagnostic Centers: Listing of various diagnostic centers and their profiles and contact details, to be made available to the other Users and visitors on the App;
    2. For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Diagnostic Centers by name, specialty, and geographical area, or any other criteria that may be developed and made available by HTPL, and (iii) to make appointments with Diagnostic Centers.
    3. All other services not covered above, including, but not limited to, health assessment, and scores, task recommendations across Nutrition, Physical Fitness, Mental Health and Other Lifestyle, Tests Recommendations, Health Articles, Social element – Groups, Challenges , Chats, Gamification – Points, Badges, Ranking . Health Records – Diagnostic records, health scores, health tracking data, Diagnostic tests purchase etc.

The Services may change from time to time, at the sole discretion of HTPL, and the Agreement will apply to the user’s visit to and the user’s use of the App to avail the Service, as well as to all information provided by the user on the App at any given point in time.

For the purpose of the present Terms and Conditions ‘Health professionals’  or ‘Service Provider’ includes Medical professionals, Nutritionists, Fitness professionals, Mental Health professionals, Diagnostic centers, Genome based testing companies etc. Further, the term ‘Diagnostic Centre’, as and where used in the terms and conditions, shall also deem to include Health Professional or service provider covered in it.

This Agreement stipulates the terms and conditions pursuant to which user will be allowed  to use the App and also describes the manner in which the user’s account, if the user so register on the  App, shall be treated by HTPL. If the user has any questions about any part of the Agreement, he may contact HTPL at support@happilyhealth.com. By downloading or accessing the App to use the Services, the user irrevocably accepts all the conditions stipulated in this Agreement, and agree to abide by them. HTPL hereby  reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to the user in writing, either on the App itself or through separate text message and e-mail at the mobile number and email id provided on the App. The user’s use of the App following any such modification constitutes the user’s agreement to follow and be bound by the Agreement so modified.

By accessing or using the Service the user agrees to be bound by these Terms . If the user disagrees with any part of the terms then the user may not access the Services on the APP.

The Agreement is published and entered into in compliance with, and is governed by the provisions of Indian laws, including, but not limited to,

    1. the Indian Contract Act, 1872,
    2. the (Indian) Information Technology Act, 2000, and
    3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
    4. Consumer Protection Act, 1986

ELIGIBILITY

The  App may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872. By registering, visiting and using the App or accepting this Agreement, the user represents and warrants to HTPL that the user is 18 years of age or older, and that the user has the right, authority and capacity to use the App and the Services available through the App, and agree to and abide by this Agreement.

TERMS OF USE 

USER ACCOUNT

The use of this App is for informational and educational purposes only and is not for professional medical advice. No prescriptions will be given on the Service. The user agrees and understands that using the service provided in this App cannot be substituted for personal medical attention, diagnosis or in person treatment by a health professional.

The App and any recommendation/ advice is intended for use only by the healthy individual capable  enough to perform exercises. While the App customizes and considers several factors specific to each individual, including anthropometric data, fitness goals, and lifestyle factors etc., HTPL is not a medical organization, and the recommended workout such as     plans, diets, lifestyle changes, mental health counseling, tests recommendation, health articles, exercises should not be misconstrued as medical advice, prescriptions, or diagnoses. Consider the risks involved and consult with your health professional before engaging in any physical activity or making any other lifestyle changes or following any recommendations such as nutrition, lifestyle, mental health, de addiction etc.. HTPL is not responsible or liable for any injuries or damages you may sustain that result from the use of, or inability to use, the features of the App. The user should discontinue exercise in cases where it causes pain or severe discomfort, and should consult a medical expert prior to returning to exercise in such cases. If your age is more than 35 years, or if you have not been physically active for more than 1 year, or if you have any medical history that may put you at risk, including, without limitation, the conditions as may be defined by HTPL from time to time, the user would be advised  to seek approval from a qualified medical practitioner prior to using the App. We reserve the right to deny you access to the App, for any reason or for no reason, including if we determine, in our sole discretion, that you have certain medical conditions and/or complications.

In Case of Emergencies: Never use the service of this App in a potential or actual medical emergency.

DATA PRIVACY

The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules,. HTPL may, by its Services, collect information relating to the devices through which the user accesses the App, and anonymous data of the user . The collected information will be used only for improving the quality of HTPL’s services and to build new services. The App allows HTPL to have access to registered Users’ personal email or phone number, for communication purpose so as to provide the user a better way of booking appointments and for obtaining feedback in relation to the Diagnostic Centers and their practice. The Privacy Policy sets out, inter-alia:

        1. The type of information collected from Users, including sensitive personal data or information;
        2. The purpose, means and modes of usage of such information;
        3. How and to whom HTPL will disclose such information; and,
        4. Other information mandated by the SPI Rules.

HTPL specifically disclaims all liability arising out of the use or reliance on the contents of the App. The user also give permission to the HTPL to store details and records of the user’s usage of the App indefinitely. However, this does not constitute any obligation on the part of the HTPL or the App to do so. The HTPL may charge a fee or charges, as intimated from time to time on the  App and/or by email or SMS, for registration on the the App as Registered Users, for availing services provided by the HTPL through the the App. The HTPL reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the App. Additionally, HTPL at its sole discretion may introduce fees for the new services including for any premium services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the Terms or any of the Policies of the HTPL shall be published on the App and such changes shall automatically become effective immediately after they are published on the App. The User is requested to visit the App often to keep abreast of any amendments. HTPL neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. HTPL has no control over third parties and contents generated by the User on the App and HTPL does not bear any liability whatsoever arising out of such content or actions of third parties. Any information provided by the user, either electronically or physically or submitted on the App or provided or displayed to other Users of the App in the form of case discussions, news and events, reviews, comments or is solely the User’s responsibility. HTPL is not liable for accuracy, appropriateness or legality of such information.

The User is expected to read and understand the Privacy Policy, so as to ensure that the User has the knowledge of, inter-alia: the fact that certain information is being collected; the purpose for which the information is being collected; the intended recipients of the information; the nature of collection and retention of the information; and the name and address of the agency that is collecting the information and the agency that will retain the information; and the various rights available to such Users in respect of such information.

LISTING CONTENT 

HTPL collects, directly or indirectly, and displays on the App, relevant information regarding the profile and practice of the Diagnostic Centers listed on the App, such as their specialization, qualification, fees, location, visiting hours, and similar details. HTPL cannot be held liable for any inaccuracies or incompleteness represented by the diagnostic centers. The Services provided by HTPL or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). HTPL does not provide or make any representation, warranty or guarantee, express or implied about the Services. HTPL does not guarantee the accuracy or completeness of any content or information provided by Users on the App. To the fullest extent permitted by law, HTPL disclaims all liability arising out of the User’s use or reliance upon the App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the App, or any opinion or suggestion given or expressed by HTPL or any User in relation to any User or services provided by such User. The App may be linked to the App of third parties, affiliates and business partners. HTPL has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Apps or made available by/through our App. Inclusion of any link on the App does not imply that HTPL endorses the linked site. User may use the links and these services at User’s own risk. HTPL assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of the App or the downloading of any material, data, text, images, video content, or audio content from the App. If a User is dissatisfied with the App, User’s sole remedy is to discontinue using the App. If HTPL determines that the user has provided fraudulent, inaccurate, or incomplete information, including through feedback, HTPL reserves the right to immediately suspend the user’s access to the App or to any of the user’s accounts with HTPL and makes such declaration on the App alongside the user’s name/the user clinic’s name as determined by HTPL for the protection of its business and in the interests of Users. The User shall be liable to indemnify HTPL for any losses incurred as a result of the User’s misrepresentation or fraudulent feedback that  adversely affects HTPL and/or its Users.     

BOOK APPOINTMENT AND CALL FACILITY

HTPL enables Users to connect with Diagnostic Centers through two methods: a) Book facility that allows Users to book an appointment through the App; b) Value added telephonic services which connect Users directly to the Diagnostic Center’s number provided on the App. Provided the same shall not be available in case of mapmygenome:

HTPL will ensure that the Users shall be  provided confirmed appointment on the Book facility. However, HTPL has no liability if such an appointment is later on cancelled by the Diagnostic Center, or the Diagnostic Center is not available for appointment.     

      1. If a User has utilized the telephonic services, HTPL reserves the right to share the information provided by the User with the Diagnostic Center and/or store such information and/or conversation of the User with the Diagnostic Center in accordance with our Privacy Policy.
      2. The results of any search Users perform on the App for Diagnostic Centers should not be construed as an endorsement by HTPL of any such particular Diagnostic Center. If the User decides to engage with a Diagnostic Center to seek medical services, the User shall be doing so at his/her own risk.
      3. Without prejudice to the generality of the above, HTPL is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the Users and the Diagnostic Center. User understands and agrees that HTPL will not be liable for:
        1. User interactions and associated issues User has with the Diagnostic Center;
        2. the ability or intent of the Diagnostic Center(s) or the lack of it, in fulfilling their obligations towards Users;
        3. any wrong medication, test results or quality of treatment being given by the Diagnostic Center(s), or any medical negligence on part of the Diagnostic Center(s);
        4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Diagnostic Center to provide agreed Services;
        5. any misconduct or inappropriate behaviour by the Diagnostic Center or the Diagnostic Center’s staff;
        6. cancellation or no show by the Diagnostic Center or rescheduling of booked appointment or in case of Mapmygenome and other sellers or non- delivery or any variation in the fees charged,.
      4. Users are allowed to provide feedback about their experiences with the Diagnostic Center, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, HTPL shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Diagnostic Center from the App.
      5. In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Diagnostic Center’s clinic:
        1. User’s account will be temporarily disabled from booking further online appointments on HTPL.com for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via the App to get an appointment.
        2. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as any instance where a User, who booked an appointment on the App using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Diagnostic Center in advance about the same. When Diagnostic Center informs HTPL of the incident or marks a particular appointment as P.N.S. within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, HTPL shall be entitled to take actions as under Clause 3.4.6 (a). However, Users understand that, actions such as the ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the App, and the loss of business hours incurred by the Diagnostic Center.
        3. Following instances, solely at the discretion of HTPL, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized 
            1. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
            2. In case User responds to the PNS Communication with below reasons:
              1. Forgot the appointment
              2. Chose to visit another Diagnostic Center/consulted online
              3. Busy with other work; or such other reasons (which HTPL at its discretion decides to be a valid reason to not show up).
            3. Where the User has booked a paid appointment and is unable to visit the Diagnostic Center, due to such genuine reasons of sickness etc. at the sole discretion of HTPL, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, the user would not be entitled to complete refund.

Cancellation and Refund Policy

        1. In the event that, the Diagnostic Center with whom User has booked a paid appointment via the App, has not been able to meet the User, User will need to write to us at support@happilyhealth.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the App will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Diagnostic Center, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Diagnostic Center/Practice), the user would not be entitled to complete refund even if the user have cancelled beforehand.
        2. Users will not be entitled for any refunds in cases where, the Diagnostic Center is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Diagnostic Center.

The Users expressly understand, acknowledge and agree to the following: In the event the Users intend to consult a Diagnostic Center of choice, the same is facilitated through search options as made available on HTPL’s App. In cases where Users cannot choose a Center of choice (due to system setup), the system uses an algorithm/software-program to find the most available and accepting Diagnostic Center. During the consultation and thereafter, the Diagnostic Center may upload the prescription/health records of the User on the account of the User for access of the User. If the Diagnostic Center responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that HTPL may send such communications like text messages/email/calls before and/or after Diagnostic Center’s consultation (physical or online) to User’s mobile number which is provided. However and notwithstanding anything to the contrary in this Agreement, HTPL does not take responsibility for timeliness of such communications. The User hereby grants consent to HTPL to feature certain of Users queries posted free of cost and respective Diagnostic Center’s responses as posted by the User on the App. Users further agree that any such information provided by the User will be subject to HTPL Privacy Policy. User understands and agrees to provide accurate information, and will not use this the App for any acts that are considered to be illegal in nature. The User shall be bound by the jurisdiction as contained in these Terms and Conditions hereunder, at all times.

Indemnity for non-compliance or breach: The User shall indemnify and hold harmless HTPL and its subsidiaries, Affiliates, Internal Service Provider and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts etc. paid in settlement and expenses (including without limitation attorneys’ fees and disbursements), made by any third party or penalty imposed due to or arising out of the User’s breach of the Terms and Conditions including the Policies incorporated herein by reference, or the User violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by the user .

If User decides to use the payment gateway to make payments online, it is solely at User’s discretion. Should there be any issues with regard to the payment not reaching the respective Diagnostic Center’s account, please reach out to support@happilyhealth.com.

Terms for Diagnostic Centers:

The Diagnostic Center shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Diagnostic Center, HTPL shall have the right to replace such Diagnostic Centers for the purpose of consultation to the User or remove such Diagnostic Centers from the  App/HTPL application/site; the Diagnostic Center understands and agrees that, HTPL shall at its sole discretion, at any time be entitled to, show as other Diagnostic Centers available for consultation. The Diagnostic Center has the discretion to cancel any consultation at any point in time in cases where the Diagnostic Center feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Diagnostic Centers. However, it is strongly recommended that the Diagnostic Center advise the User and explain appropriately for next steps. The Diagnostic Center shall at all times ensure that all the applicable laws that govern the Diagnostic Center shall be followed and utmost care shall be taken in terms of the consultation being rendered. The Diagnostic Center acknowledges that should HTPL find the Diagnostic Center to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then HTPL shall be entitled to cancel the consultation with such Diagnostic Center or take such other legal action as may be required. 

        1. The payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Diagnostic Center, HTPL will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, the user could contact support@happilyhealth.com.
        2. It is further understood by the Diagnostic Center that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Diagnostic Center privilege. The Diagnostic Center understands that when a User books a time-slot with the Diagnostic Center for online consultation, the Diagnostic Center must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User to their best possible ability. The Diagnostic Center understands that HTPL makes no promise or guarantee for any uninterrupted communication and the Diagnostic Center shall not hold HTPL liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by HTPL. It shall be the responsibility of the Diagnostic Center to ensure that the information provided by User is accurate and not incomplete and understand that HTPL shall not be liable for any errors in the information included in any communication between the Diagnostic Center and User.
        3. The Diagnostic Center shall indemnify and hold harmless HTPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Diagnostic Center, violation of any law, rules or regulations by the Diagnostic Center or due to such other actions, omissions or commissions of the Diagnostic Center that gave rise to the claim.

Copyright and Content Ownership

All content on this site including but not limited to the text, music, sound, photograph, videos, graphics, algorithm + UI/UX and images are governed protected by the Indian Copyright Act, 1957 and the Trademark Act, 1999 and the subsequent amendments thereto, moral rights, and other laws relating to intellectual property rights. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the material specifically made available for ‘downloads’ and sharing on social media on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the content or use of any of the content for any purpose other than as set out herein is prohibited. Except as permitted under applicable copyright laws, the user are responsible for obtaining permission before re-using any copyrighted material that is available on the App. 

REVIEWS AND FEEDBACK

By using this App, the user agree that any information shared by the user with HTPL or with any Diagnostic Center will be subject to our Privacy Policy.

The user is solely responsible for the content that the user chooses to submit for publication on the App, including any feedback, ratings, or reviews (“Critical Content”) relating to Diagnostic Centers or other health professionals. The role of HTPL in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. HTPL disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. HTPL shall not be liable to pay any consideration to any User for re-publishing any content across any of its the Apps.     

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

The user agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item or services or choose a User name that: belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, insulting, hurting religious or other sentiments, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (or corresponding applicable Law); harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of or services using counterfeit or stolen items; violates any law for the time being in force; deceives or misleads the Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person or uses an anonymous proxy; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, bugs, bots, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; 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 offence or prevents investigation of any offence or is insulting any other nation; is false, inaccurate or misleading; directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law; may give rise to liability on part of the  App or HTPL or cause any hindrance (in whole or in part) with respect to the services of Internet Service Providers or other suppliers of the App or HTPL including Internal Service Providers; and links directly or indirectly to or includes descriptions of items that are (i) prohibited under the Terms and Conditions or any other applicable Law including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 (or all applicable corresponding Laws) as amended time to time and rules there under. The user shall not promote any website or webpage or link on the App. In case of any violation of the above provisions, the HTPL has the right to immediately terminate the access or usage rights of the User to the App without any notice and any such violative information that is displayed or submitted on the App can be removed immediately and completely and/or report to investigating authorities if bound by applicable Law. The user shall be responsible for keeping backup versions of the information and data provided by the user. The user hereby agrees that the user will not expect the App to restore or keep back up of the user’s information and data and not hold the App or the HTPL accountable for any loss of data under any circumstances. The user will refrain from accessing information or databases in an unauthorized manner from the App or servers where information or databases are kept. The user shall not attempt to or circumvent or manipulate any of the obligations conferred on the user by these Terms and Conditions and/or Policies. If such attempt is discovered, it will constitute sufficient ground for termination of access to the App and also for taking appropriate legal action. In case of any transaction or attempted transaction which is in violation of these Terms and Conditions or applicable Laws comes to The user’s knowledge, the user shall forthwith take all steps to inform the HTPL of such violation at hello@happilyhealth.com If the user choose to provide feedback or any comments on the App which is visible to other User(s), the user shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or insulting or offensive/ obscene contents and to extend reasonable courtesy to other User(s). The user shall access the  App only by using a conventional web browser or a mobile device, as facilitated by the HTPL from time to time. The App is controlled and operated by the HTPL. All material on the App, including images, texts, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property and proprietary rights that are either owned and controlled by us or by other parties that have licensed their material to us or such material which has been derived or aggregated from publicly available resources with due acknowledgement to the ostensible owner. We do not guarantee the authenticity, genuineness, usefulness or ownership of the contents of such material derived or aggregated from publicly available resources. The user shall use the services of the App solely for personal purposes and only to avail services of the App. The user shall never copy, distribute, exchange, modify, sell or transmit anything from the App, including but not limited to the text, audio, video and images for any commercial purpose other than the purposes set out in these Terms and Conditions. The user undertakes not to disclose or distribute any other User’s Information to a third party, or use the information for any unauthorized purpose including for the purposes of marketing unless the user have obtained the User’s express consent to do so. The user shall not place any advertisements on the App in any manner. Further, the user shall not use the App to promote the user’s own or any other persons’ business or interests on the App except for information needed by the App or the HTPL or for the purposes set out in these Terms and Conditions. The user confirm that these Terms and Conditions hereunder will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which the user are a party or by which the user are bound or to which any of the user’s property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of the user’s duties hereunder. The user has obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If the HTPL suffers any loss or damages or a claim is made by any Person against the HTPL or the  App as a result of a breach or default or contravention on the user’s part of the Terms and Conditions and the Policies, the user agree to, forthwith upon delivery of notice by the HTPL, make good such losses or damages or claim amounts to the HTPL all such losses or damages. The user confirms that there is no action, suit or proceeding pending against the user or to The user’s knowledge, threatened in any court or by or before any other Authority which would prohibit the user entering into or performing obligations under these Terms and Conditions and Privacy Policy. The user confirm that the user shall not transfer the user registration and shall not assign any rights and obligations under these Terms and Conditions and Policies to any third party without the specific permission of the HTPL. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, HTPL has the right to immediately terminate the access or usage rights of the User to the App and Services and to remove non-compliant information from the App. HTPL may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and the user hereby consent to such transfer. The SPI Rules only permit HTPL to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by HTPL as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between HTPL or any person on its behalf and the User or where the User has consented to data transfer. HTPL respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

TERMINATION

    • HTPL reserves the right to suspend or terminate a User’s access to the App and the Services with or without notice and to exercise any other remedy available under law, in cases where,
      1. Such User breaches any terms and conditions of the Agreement;
      2. A third party reports violation of any of its right as a result of the user’s use of the Services;
      3. HTPL is unable to verify or authenticate any information provide to HTPL by a User;
      4. HTPL has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
      5. HTPL believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for HTPL or are contrary to the interests of the App.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the App under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the App by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.     

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall HTPL, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the App or the content, materials and functions related thereto, the Services, User’s provision of information via the App, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

    1. provision of or failure to provide all or any service by Diagnostic Centers to End- Users contacted or managed through the App;
    2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the App;
    3. any unauthorized access to or alteration of the user’s transmissions or data; or
    4.      any other matter relating to the App or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the App or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

RETENTION AND REMOVAL

HTPL may retain such information collected from Users from its App or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

APPLICABLE LAW AND DISPUTE SETTLEMENT

    • The user agrees that this Agreement and any contractual obligation between HTPL and User will be governed by the laws of India.
    • Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or the user of the App or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by HTPL. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be      New Delhi All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the foregoing the courts at New Delhishall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, the user the App or the Services or the information to which it gives access.     

CONTACT INFORMATION GRIEVANCE OFFICER

    • If a User has any questions concerning HTPL, the App, this Agreement, the Services, or anything related to any of the foregoing, HTPL customer support can be reached at the following email address: support@happilyhealth.com 

SEVERABILITY

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

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by HTPL. Any consent by HTPL to, or a waiver by HTPL of any breach by the user, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

THE USER HAS READ THESE TERMS OF USE AND AGREES TO ALL OF THE PROVISIONS CONTAINED ABOVE.