Terms And Condition

TERMS OF USE

Welcome to Health Assist (“Site” or “Health Assist”). This Site is owned and operated by Axia Health Assist Private Limited (“Company” or “We” or” Us “or “Our”), a company incorporated under Companies Act, 2013, having its registered office at A-18, Vasant Vihar, New Delhi, India. You (hereinafter collectively referred to as “User(s)”/ “You”/ “Your”) may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. By using the Site, you confirm that you accept these Terms of Use and that you agree to abide by them.

The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter “Terms of Use”) along with the Privacy Policy, as modified and amended from time to time. The Terms of Use and Privacy Policy shall hereinafter collectively be referred to as “Agreement”. Please note that this Agreement constitutes a legally binding agreement between You and the Company. By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by the terms of the Agreement, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use, please do not use the Site. The Site is operated by the Company. The Company may assign, transfer, and subcontract its rights and/or obligations under these Terms of Use to any third party, as it may deem fit, and you shall continue to be bound by these Terms of Use in the event of such assignment, transfer or subcontracting..

Registration of Users

You will need to sign-up with Us by filling the sign-up form by providing personal information about yourself (“Account”). As a registered user, you further agree to update your Personal Information (as defined in the Privacy Policy) if needed and to be solely and entirely responsible for maintaining the confidentiality of your user account, login and password and any activity that may occur through your Account. You must ensure that the information provided by You is correct, complete and not misleading. You should also inform Us promptly of any changes to the information that You have provided, by updating Your details, so we can communicate with You effectively. In the event, the information supplied by You is incorrect, incomplete and misleading, your registration shall be cancelled and Your Account will be deactivated. After successful registration on the Site, a username and password (“ID”) will be generated for the use of the Site by You, which You must keep confidential. You shall be solely responsible for preventing any unauthorised use of Your ID and notify Us in case any theft or unauthorized use of the ID takes place. We reserve the right to suspend and/ or block Your ID if the same is used in contravention of these Terms of Use.

Online transactions and Payment Rules

It is the sole responsibility of the Users to administer and manage the online banking and financial transactions and payments made through the Site. Users are solely responsible for acquainting themselves with, and complying with, all applicable laws of India, including those pertaining to online payments and transfer of funds through online and offline methods. Users have to be sure that they are complying with the requirements and regulations as framed by Reserve Bank of India (RBI) from time to time and any online monetary transaction in violation of the rules and regulations prescribed by the RBI and other applicable laws of India shall be solely attributable to the concerned User and We shall not be held liable in this regard.

We assume no responsibility and shall incur no liability if the Site is unable to process the payment instructions issued by You owing to one or more of the following reasons:

Payment instruction issued by You is incomplete, inaccurate, invalid or delayed;

If Your payment account has insufficient funds/limits to cover the amount mentioned in the payment instructions;

If the funds available in your payment account are under any encumbrance or charge;

If your bank or the nodal bank refuses or delays honoring the payment instructions.

Force Majeure Event

In case the payment instructions issued by You are not effected for any reason, You will be intimated by WhatsApp/e-mail or SMS to the email account and/or mobile no specified by you in this regard. We assume no further responsibility in relation to failed transactions on the Site.

KYC Verification

The Site may require Users to upload certain information and documents that may be necessary to ascertain their eligibility to use certain features of the Services including but not limited to their identification documents (“KYC Documents”) The User hereby authorizes the Company and any third-party service provider it may engage with or interact with in connection with using the Site to process KYC Documents and ascertain the User’s eligibility. The User agrees and warrants to provide valid, true, complete, and up-to-date KYC Documents. The User further acknowledges that any incorrect or misleading information provided shall constitute a material breach of these Terms, and the User’s access to certain features of the Services may be limited or denied in such event.

Services offered

We offer personalized healthcare services and wellness assistance in a comprehensive and holistic manner. Our services include but is not limited to: (i) online medical consultancy services with general physicians and specialists (“Consultants”); (ii) diagnostic services by third party diagnostic centres (“Labs”); (iii) provision of pharmaceutical products sold by us and third-party pharmacies (“Pharmacies”); and (iv) medical advisory including references and suggestions with respect to specialized treatment.

Medical Consultation:

Medical consultations on the Site is provided by general physicians and specialists in the field of medicine. You can book an appointment for medical consultation with a general physician through our Site. You will receive a confirmation of appointment for a medical consultation of your choice, on the Site and / or via SMS and / or email and / or an online communication or messaging service. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting physician’s discretion. You can have an online medical consultation via audio call or video call or chat on the Site with the general physician selected by you or assigned to you.

Diagnostic and Pathology Services

The Site facilitates the Users to avail diagnostic test facilities offered by third party labs. You may book an appointment for seeking the diagnostic tests and packages offered by service providers on the Site. You may book diagnostic test(s) and package(s) on the Site and visit the concerned diagnostic centre/ lab or schedule the sample pickup from home.

Pharmacy

You can order pharmaceutical products from our registered Pharmacies upon presentation of a valid medical prescription. We facilitate online delivery of medicines.

Appointment and Order

Rescheduling

For all online paid appointments for consultation with your general physician and/or a specialist, rescheduling such appointment can be done only up to 30 (thirty) minutes prior to scheduled appointment and subject to availability of the general physician/specialist.

Cancellation through mail is allowed for all the bookings until 30 (thirty) minutes prior to the time of appointment or Invoice generation whichever is earlier.

Pharmacy Orders

We do our best to ensure that our Users are immensely satisfied with our products and we are happy to offer a complete refund in the following circumstances:

(a) You received a defective/damaged item(s).

(b) Delivered item(s) doesn’t match your order.

(c) The ordered item(s) is/are lost or damaged during transit.

Following circumstances do not qualify for Return or Refund.

(a) Any wrong ordering of product doesn’t qualify for Return or refund.

(b) Return or refund requests arising due to change in prescription do not qualify for Return.

(c) All products to be returned should always be in their original manufacturer’s packaging i.e. with original tags, labels, bar-code and invoice.

(d) Used, Opened or Partially consumed products do not qualify for Return, only completely intact products can be returned.

(e) Return product should have the same batch number as mentioned on the invoice.

(f) Non delivery of product reported after 48 hours of delivery confirmation text message on registered mobile number.

Refund and Cancellation Policy

No Refunds or Cancellations are allowed once a payment has been made and the Service has been provided. For cancellations that are made before a Service has been attempted to be provided, no refunds are allowed. In cases of disputed Service, any cancellation or refund will only be considered on a case to case basis. All such requests for Cancellation or Refunds should be made in writing and addressed to the email address provided hereinbelow. Please note that the above Refund & Cancellation Policy is applicable to all payments made through the online payment gateway on this Site.

Refund Policy for Lab Tests

If you cancel a Lab Test after the sample collection, refund will not be applicable. Refund due to any issues with processing of sample will be provided as per Lab’s policy. Health Assist is not liable for any refund. Refund due to any issues with reporting will be provided as per Lab’s policy. Health Assist is not liable.

Cancellations:

Cancellation by the User-

For any online paid appointments, where services were not availed at the appointed time despite invoices being generated against such online appointment booking, no cancellation and refund will be applicable.

Cancellation by Consultants–

Occasionally, appointments are cancelled or postponed by the Consultants. Should this occur, we will attempt to contact you and refund the amount. You may book new appointment as per your convenience on the Website. You may please note that Health Assist only undertakes to provide You one of our Consultants as your personal general physician as per the services opted by you, however, the Consultant may be replaced and health Assist shall not be liable in any manner whatsoever to ensure availability of the same Consultant for the entire term of Services.

Responsibility of the User

You are solely responsible for the medical, health and personal information you provide on the Site, and you are requested to use your discretion in providing such information. The advice or the services provided by the Consultants will depend upon the information you provide on the Site. You are advised to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.

Eligibility and Terms of use

Any User who is “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors is not eligible to enter into this Agreement. The Site should not be used by any Person under the age of 18 years.

The Site allows the registered users to create, edit and submit necessary information including creating User profile and providing medical records and data. We do not seek to monitor or control the submission of information. However, We do reserve the right to delete, move and edit any material submitted where We consider it necessary to do so. You agree to comply with all applicable laws and regulations when using the Site and are solely responsible for all the information You submit for inclusion or transmission. You must not post or transmit any material that(i) is fraudulent, dishonest, inaccurate or misleading; (ii) is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any law; (iii) encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice; (iv) infringes the copyright or other rights of any third party; (v) is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data). You grant Us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the material for the purpose of operating the Site. Each of the above action, in isolation or conjunction, shall be construed as “Unauthorized Use”. You will be solely liable for any damage, costs or expenses arising out of or in connection with any Unauthorized Use of the Site and Services.

Impersonation and unauthorised dealings prohibited

The Site does not tolerate any illegal and unauthorized activities on or against the Site by either Users or any unrelated third parties. All Users are absolutely prohibited from impersonating another person/User or deal in any other manner that is prohibited by the Laws of India and other Jurisdictions. If we have reasonable grounds to believe that a User has indulged in any prohibited activities or has committed any Crime or Cyber Crime, the Company may in its sole discretion, but without any legal obligation to do so, initiate appropriate legal proceedings against the offender as well as notify the same to any regulatory or law enforcement agency of India. Health Assist may also suspend or terminate the User’s account and other privileges for the use of the Site.

Crime and cybercrime reporting by users

Users are under an absolute obligation to inform Site about any Cyber Crime and Cyber Contravention involving their accounts. If any Users fail to inform the Site within 48 hours of the commission of a Cyber Crime or Cyber Contravention, Health Assist shall not be under any obligation to extend any sort of assistance to them. The User alone is responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber Criminals and other Offenders and Health Assist shall in no case be responsible to share the financial and investigation burdens of the User. We will, however, endeavor to support Users in investigating such instances of Cyber Crime, if any, to the best of its ability.

Alerts/notifications

We may from time to time provide automatic alerts/notifications and payment related alerts linked with Your Account on Site. Further, automatic alerts may be sent to you following certain changes to Your Account or information, such as changes in your registration information. By accepting the terms and conditions and/or using the Services, you accept that we may send the alerts to your registered mobile phone number and /or registered e-mail id.

You acknowledge that the alerts will be received only if the mobile phone is in “On” mode to receive the WhatsApp. If the mobile phone is in “Off” mode, then you may not get/get after delay any alerts sent during such period. Electronic alerts will be sent to the email address provided by you as your primary email address for the Services. If your email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

We will make best efforts to provide the Service and it shall be deemed that you shall have received the information sent from us as an alert on your registered mobile phone number or email id and we shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. You cannot hold us liable for non-availability of the service in any manner whatsoever.

You further acknowledge that You shall have the obligation to inform us about any change in your mobile phone number or e-mail address. Alerts /notification will be sent to your new mobile number or e-mail address after registering and linking it with your Account. You acknowledge that the WhatsApp service or email service provided by us is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event you observe any error in the information provided in the alert, you shall immediately inform us about the same. We will make best possible efforts to rectify the error as soon as possible.

General terms and conditions

To keep the Site up to date, You agree that We may automatically provide You with such updates without Your further consent or notice to You. Please note that if the updates are not installed or such installation is stopped by You, Our Site may not operate properly or may not operate at all. We do not guarantee that We will make any updates available for Our Site, or that such updates will continue to support Your device or system.

You may access and use the Site only for Your personal/business and lawful purposes in accordance with these Terms of Use. You agree not to access the Site by any means other than through the interface that is provided by Us.

You shall comply with any codes of conduct, policies or other notices that We provide to You or publish in connection with the use of the Site, and You shall promptly notify Us if You learn of a security breach related to the use of the Site. Additionally, You shall be responsible for complying with any laws, rules and regulations for the use of Our Site in Your jurisdiction.

Health Assist reserves the right to record and store Your Consultations and Your personal health information online, including history, health conditions, allergies and medications and use the same for internal training purpose. Any information provided as part of a web Consultation or obtained from use of the Services by You becomes part of Your Account record. You agree to provide accurate information to help Us serve You best to Our knowledge, to periodically review such information and to update such information as and when necessary. The Company reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Health Assist’s record or for the Services. Please make sure You provide a valid email-id and You update it as and when needed.

Modifications to the site

We reserve the right to add, change, modify, discontinue or remove features from Our Site, at any time without cause, temporarily or permanently with or without any notice to You. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of Our Site. You shall not modify, adapt or hack the Site, or otherwise attempt to, gain unauthorized access to the Site or their related systems or networks.

Termination of services

We may suspend or cancel Your registration and/ or terminate Your access to the Site if You are in breach of these Terms of Use or have made any improper use of the Site. The suspension, cancellation or termination of Your registration and Your right to use the Site shall not affect either party’s statutory right or liabilities.

Intellectual property rights

Unless otherwise stated, the intellectual property rights in the Site (including without limitation all content, materials and technology used or appearing or transmitted through it) belongs to Us or Our licensors.Subject to the terms and conditions of these Terms of Use, We hereby grant You a personal, non- transferable, non-sublicensable and non-exclusive right and license to use the Site solely in accordance with these Terms of Use, provided that You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in the Site.

Confidentiality

You shall treat this Agreement as confidential. You shall not, except with Our prior written approval, disclose or make any public or other announcements of any aspect covered by these Terms of Use and any other relevant information and documents, the contents of which are made available to You with respect to the use by you of the Site, unless required to do so and to the extent necessary under these Terms of Use, on a need to know basis, while always ensuring that the persons to whom such information and documents are disclosed maintain the strictest confidentiality of the same.

We reserve the right to disclose any information/ documents pertaining to the User and/ or any transaction on the Site, in the event such information/ documents: (i) have ceased to be confidential without default on Our part; (ii) have been received from a third party who did not receive it in confidence; and (iii) We are required by any court, government or other regulatory body to disclose, but only to the extent required by law.

Privacy

Our Privacy Policy explains how We collect, process, use and disclose registration information and other Personal Information about you. For the definition of Personal Information and full details, please see our Privacy Policy at [⦁www.thehealthassit.co/privacy-policy.html].

Disclaimers

We endeavor to ensure that the information available on or through the use of the Site is correct, up to date and accurate. We are mere service providers, You use the services at Your own risk. However, we do not warrant the accuracy and completeness of such information. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your property or loss of data that results from such download. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein.

We will not be liable to you for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage of access to payment gateway; interruption or stoppage of the Site; non-availability of connectivity links/hyperlinks. Our sole obligation and your sole and exclusive remedy in the event of interruption in Services or loss of use and/or access to Services, will be to use all reasonable endeavours to restore the Services and/or access as soon as reasonably possible.

The Site permits You to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that it is accurate and complies with all the relevant laws. We will not be responsible to You for the conduct of any such third party or for any error or inaccuracy in the information submitted by them. We make no promise that the Site will meet Your requirements or that the Site will be free of fault or continuously available. Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.

Your use of this Site is completely at Your own risk. We disclaim all warranties in relation to the Site.

The Company shall not be responsible for any sample collected, tests conducted and reports generated by the third party labs. We do not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or details provided by such diagnostic centre or any third party through the Site. Notwithstanding anything to the contrary contained herein, third party labs alone shall be liable for dealings and interaction with the Users who avail the services of such labs or diagnostic centres contacted or managed through the Site.

We will use commercially reasonable efforts to make the Services available 24 (twenty-four) hours a day, 7 (seven) days a week, except for (i) planned downtime or (ii) any unavailability caused by circumstances beyond the Company’s reasonable control, including without limitation Force Majeure Events (as defined herein below).

The Company shall not be liable for deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation error / perception error / adverse events / inefficacy of prescribed treatment or advice or investigation reports / validity of the advice or prescription or investigation reports provided by the Consultants and Service Providers / unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post medical consultation via the Site or post Services.

The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly. You are advised not to use the online consultation services in case of any medical emergencies like accidents, bleeding injuries, burns or if You are in a critical condition. Health Assist will not be responsible or liable for any harm or loss that You may suffer if You elect to access those Services.

INDEMNITY

17.1 You shall defend, indemnify, and hold harmless Us, Our affiliate companies, consultants, physicians, specialists, directors, associates, agents and officers from and against any loss, expenses, claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from: (i) Your breach of these Terms of Use or violation of any third party rights by You hereunder; (ii) deficiency or shortfall in Services, misdiagnosis, faulty judgment, interpretation errors, perception error arising from: (a) your failure to provide correct and/or complete clinical information / history about the patient in timely and clinically appropriate manner; or (b) suppression of material facts; or (c)your failure to provide relevant clinical information about the patient; or (d) misinterpretation of the advice, prescription, diagnosis, investigation report by you; or (e) failure to follow Consultant’s advice / prescription by you; or (f) failure to follow instructions of the Consultants in respect of the Services or medical procedures prescribed by the Consultants by you.

17.2 We shall not provide notice to You of any such claim, suit or demand. Further, We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this clause. In such case, You agree to cooperate with any reasonable requests assisting Our defense of such matter.

The obligations contained in this clause shall survive the termination of the Terms of Use with You and Your use of Our Services.

Limitation of liability

In no event, the Company or its contractors, agents, licensors, partners or suppliers will be liable to You for direct, indirect, ancillary, special, incidental, consequential, punitive, reliance or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of or damage to property, any other pecuniary or non-pecuniary loss, goodwill, use, data, other intangible, or damage of any nature whatsoever loss, arising out of or relating to: (i) this Agreement or any other policies of the Site; (ii) the Services, the Site or any reference site/app/Site/service; or (iii) Your use or inability to use the Services, the Website(including any and all materials) or any reference sites/app/Site/service, even if we or our authorized representative has been advised of the possibility of such damages or (iv) any other interactions with Site.

MODIFICATION OF THESE TERMS

Health Assist reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms, and any other documents incorporated by reference herein for complying with its legal and regulatory requirements and for other legitimate business purposes, at any time, and We will post the amended Terms at this domain: [insert website url] It is your responsibility to review the Terms of Use or any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following the date that the amendments to the Terms of Use take effect will imply your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website or our Services.

Force majeure

In the event that the performance of any of Our obligations pursuant to these Terms of Use is prevented, hindered or delayed by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, war or other violence, or service interruptions caused by the hosting service, failure or any act by or nature of telecommunications carrier, of the internet backbone, of any internet servers, or any applicable law, order proclamation, interruptions in supply of electricity regulation, ordinance, demand or requirement of any governmental or regulatory authority and such non-performance, hindrance or delay could not have been prevented by reasonable foresight or precautions (including proper planning and execution of the disaster recovery or business continuity plan) or circumvented through the use of alternate sources, work-around plans or other means or any applicable law, order proclamation, regulation, ordinance, demand or requirement of any governmental or regulatory authority ( collectively “Force Majeure Event”), then We will be excused for such non-performance, hindrance or delay, as applicable, from Our obligations hereunder, to the extent that they are affected by the Force Majeure Event.

Notices

All notices shall be sent to Us/ You via email or at the postal address provided.

Governing law

These Terms of Use shall be governed by and construed in accordance with the laws of India. The parties subject themselves to the exclusive jurisdiction of the courts at Delhi, India.

Dispute resolution

Any dispute in respect of all or any of the provisions of these Terms of Use shall be resolved amicably within 15 (fifteen) days of notifying the same to the other party and in the event neither party reaches an agreement, the dispute should be resolved by Arbitration which shall be referred to a Sole Arbitrator in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Delhi, India and the language used shall be English.

Entire Agreement

The Terms of Use and the Privacy Policy represent the entire agreement between You and Us in relation to the use of Our Site and shall supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing. Further, You acknowledge and agree that, You have not relied on any representation, undertaking, promise or implied any warranty, whether conveyed orally or in writing, except as expressly stated herein.

Change in terms of use

We reserve the right to change these Terms of Use at any time. You are expected to check and get acquainted with these Terms of Use from time to time.

Waiver

No delay in enforcing any provision of the Terms of Use will be construed to be a waiver of any rights under that provision by Us.

Assignment

You shall not assign any of Your rights or obligations under these Terms of Use without Our prior written consent.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

󠄚󠄚 I hereby agree to these Terms of Use.
These Terms of Use has been last updated on [•01 March, 2022]