Terms 102 | thegoodhealthclinic

Terms & Conditions

Surge Health India Private Limited (referred to herein as TGHC) is the author and publisher of the internet resource with the domain name, www.tghclinic.com, and its sub-domains on the world wide web as well as other connected software and applications provided by TGHC, including but not limited to the mobile and tablet applications (referred to as the ‘application’, and together with the website, collectively referred to as Web Services). TGHC provides digitally-based health and wellness care programs for interested Users (as defined below).

WHEREAS:

TGHC is inter alia, engaged in providing various health and wellness services, through the Web Services.

The User (as defined below) has read all the provisions set out herein, and has agreed to avail the services provided by TGHC.

DEFINITIONS AND INTERPRETATION

For the purposes of this Agreement, all terms that have been initially capitalized shall have the meanings set out herein:

Health and Wellness Services means and includes the services provided by the Wellness Practitioners through the Web Services to Users, which shall include, as appropriate, any and/or all of the following:

The diagnosis, treatment, cure and prevention of diseases, mental health conditions such as anxiety, stress and depression, and injuries;

Conditioning and flexibility training, including through yoga;

The access to information, text, graphics, photos, videos, resources, or other materials that form a part of the TGHC Health and Wellness Services;

Facilitating and enabling the User to create, upload, transmit, display, and access user submissions;

Enabling the User to interact with the relevant Wellness Practitioner and their relevant support teams;

Enabling the User of the TGHC programs to participate in an online community and to interact with other Users of our services in connection with the User’s health and wellness goals;

Enabling the User of the TGHC programs to participate in loyalty or rewards programs;

Services ancillary to and in aid of the above such as lab tests through third party diagnostic service providers

Partner shall mean TGHC’s employees, agents, consultants, affiliates, associates, representatives, Wellness Practitioner, or other third parties that TGHC may engage, in its discretion;

Wellness Practitioner means medical professionals, health and wellness coaches, fitness trainers, physiotherapists, mental health counsellors, psychologists, psychiatrists, phlebotomists, yoga instructors, engaged by TGHC as consultants or employed by TGHC, as the case may be;

User shall mean and include any person who accesses, uses, or in any manner avails of the Health and Wellness Services and/or the Web Services, and shall include any person who has registered himself with TGHC.

In this Agreement (defined below), unless otherwise specified:

Reference to any statute or statutory provision includes a reference to that statute or statutory provision as amended, extended or re-enacted or consolidated from time to time and all statutory instruments or orders (including delegated legislation whether by way of rules, notifications, bye-laws, guidelines, as amended, extended or re-enacted or consolidated from time to time);

Words elsewhere defined/explained herein shall have the meaning so ascribed;

Words denoting the singular shall include the plural and vice versa; and

Words denoting any gender include all genders.

NATURE AND APPLICABILITY OF THE TERMS

These Terms and Conditions (The Agreement) constitute a legally binding agreement between the User and TGHC in connection with the User’s visit to the website or the application and the User’s use of the any of the Web Services.

This Agreement sets out the terms and conditions under which the Users are allowed to use the Web Services, and describes the manner in which TGHC shall treat the Users’ accounts while the Users are registered with TGHC. If any User has any questions about any part of the Agreement, the User may contact TGHC at info@tghclinic.com.

This Agreement is applicable to:

(a) All persons using the Web Services of TGHC, including Users who are registered with TGHC; and

(b) All Web Services made available by TGHC on the website or the application.

By downloading or accessing the Web Services, each person doing so irrevocably accepts all the terms and conditions stipulated herein and agrees to fully abide by them, whether or not they are registered as a User of TGHC.

Each User agrees and acknowledges that he has separately been sent this Agreement by way of email, and that he has duly read all the terms and conditions set out herein, and consented thereto. By availing any Service, the User signifies his agreement and acceptance to this Agreement.

The Web Services may change from time to time, at the sole discretion of TGHC, and the Agreement will apply to the Users’ visit to and the Users’ use of the website or the application, as well as to all information provided by the User on the website or the application at any given point in time. Any such amendment or modification shall be separately sent to the User by way of email, and should the User have any objection to such amendment or modification, the User shall be at liberty to stop availing the Web Services. The User shall also be entitled to inform TGHC of any objection to such amendment or modification, and in such an event, TGHC shall make its best efforts to explain the reasons for such amendment or modification, as the case may be. Despite such clarification, if the User is not satisfied, the User shall be free to opt out of availing the Web Services.

The User is advised to read the Agreement at regular intervals. Any use of the Web Services following any such modification by the User constitutes such User’s consent to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/or to specific areas of either the website or the application, or to particular Web Services are also considered as part of this Agreement.

The User hereby acknowledges that they will be bound by this Agreement for availing any of the Web Services offered by TGHC. If the User does not agree with any part of the Agreement, the User may choose not to avail the Web Services. After availing of the Web Services having consented to this Agreement, the User shall not be entitled to make any claim of not being bound by the terms set out in this Agreement.

The Users’ access to and the use of the Web Services, and the appointment of the Wellness Practitioners will be solely at the discretion of TGHC. This Agreement is published in compliance of, and is governed by the provisions of the applicable Indian laws.

CONDITIONS OF USE

All Users must be 18 years of age or older and must be a resident of India in order to register and use the Web Services in any manner. In case of minors, the guardian of such minor shall be entitled to register on behalf of his ward, and avail of the Web Services pursuant thereto, and it shall be the obligation of the guardian to be present at all times, when his ward is availing of the Web Services, as the case may be.

By registering, visiting and using the Web Services, or accepting this Agreement, the Users represent and warrant that they are 18 years of age or older, and that they have the right, authority and capacity to use the Web Services, and agree to and abide by this Agreement. The User also accepts that the User is physically located within a jurisdiction in which we offer Web Services, including, without limitation, when utilizing the Web Services to receive advice from a Wellness Practitioner. The User further accepts all information provided by the User will be truthful, accurate and complete. TGHC reserves the right to terminate the User’s account or refuse to provide the User with access to the website, application or to TGHC’s Web Services if it is brought to TGHC’s notice or if it is discovered that the User is under the age of 18 (eighteen) years or that the User has been convicted of an offence involving moral turpitude or any offence under the Indian Penal Code, 1860.

Each person availing of the Web Services and Health and Wellness Services, agrees and acknowledges that such services are being provided at the express consent of such person and the same shall not be construed as a replacement for physical consultation. It is expressly clarified that Web Services are meant for general consultation only, and the Health and Wellness Services shall not be considered as an alternative to physically consulting with medical specialists, as may be required, in the opinion of a particular patient.

The Health and Wellness Services are for non-emergency purposes only. TGHC does not provide any emergency or time-critical communications to any type of hospital, law enforcement agency, or any other kind of emergency or time-critical service. The User shall not attempt to access emergency care through the Health and Wellness Services or rely on the Health and Wellness Services or the Web Services in any way for emergency assistance.

If TGHC becomes aware of or contemplates an emergency, TGHC may, if possible, secure from any hospital, physician, and/or medical personnel (Emergency Responders) any emergency treatment that TGHC deems necessary for your immediate care at TGHC’s sole discretion. The User understands and agrees that, if TGHC takes any action to secure emergency responders on the User’s behalf, the User, and not TGHC, will be solely responsible for payment of all medical services rendered in connection with that treatment. The User agrees that while TGHC may make reasonable efforts to suggest/secure immediate care, nothing in this clause shall constitute a binding obligation on TGHC to do so.

The Web Services provided by TGHC may not be the most appropriate way for the User to obtain medical care and treatment in the Health and Wellness Services, in all circumstances. To assist the User in determining whether the Health and Wellness Services are a fit for the User’s needs, the Wellness Practitioner may ask a series of initial questions during registration. Based on the User’s responses to these questions, the Wellness Practitioner will determine whether the Health and Wellness Services will be made available to the User through the Web Services. Should the Wellness Practitioner advise against the same, the User’s registration information may remain on file with TGHC, but the User will not be able to further utilize such Health and Wellness Program(s). The User can always return to the website or the application at a later time to determine whether the User’s eligibility has changed in respect of the said Health and Wellness Services. In addition, even if the User is determined to be eligible to utilize the Health and Wellness Services, the Wellness Practitioner may, during the course of the User’s use of the Web Services, determine that User’s medical condition and/or treatment requires an in-person physical examination or a procedure and/or that the Web Services are otherwise not appropriate for the User.

Notwithstanding anything contained herein, TGHC may, in its sole discretion, refuse to offer the Health and Wellness Services to any person or entity. TGHC may also change the criteria used to determine clinical eligibility mentioned above for one or more of the Health and Wellness Services at any time and for any reason.

TGHC has the right to change, replace, suspend, or discontinue any of its Health and Wellness Services or any component of its Health and Wellness Services (including, without limitation, any feature, specification, database, or content) at any time and for any reason at the sole discretion of TGHC. TGHC will not be liable to compensate any User or person for the loss of or change, replacement, suspension, or discontinuation of the User’s right to access or use TGHC’s Health and Wellness Services.

The User is prohibited from selling, trading, or otherwise transferring its registered account to another party. The use of the Web Services is designed to be compliant with the laws of India. The User is not permitted to utilise this website or the application outside India. We do not provide any Web Services on the platform to Users located outside India. If the User accesses the website or the application of TGHC from a location outside India, the User does so at its own risk and will be solely liable for compliance with applicable local law.

The User is further prohibited from using these Web Services provided by TGHC to compete with TGHC in any manner. The User accepts that the Web Services shall not be used for any illegal purpose, or in violation of any applicable law or regulation, including and without limitation, any local, state, provincial, territorial, national or international law. The User accepts that the Web Services shall not be used by the User to defame, abuse, harass, threaten or otherwise violate the legal rights of others or violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or privacy right. The User further shall not upload or post or distribute any of TGHC’s contents, unless authorised to do so by TGHC.

The User shall not interfere with the security related features of the Web Services in any manner. The User shall also not interfere with the operation of the Web Services by uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code on the TGHC’s platform or by making any unsolicited offers or advertisements to other Users of TGHC’s Web Services. The User shall not attempt to collect personal information about other Users or interfere with or disrupt any network, equipment, or server connected to or used to provide any Web Services. The User shall also not manipulate or otherwise display the Web Services of TGHC by using framing, taking screen shots, mirroring or similar navigational technology. The User shall also not attempt to gain unauthorized access to any portion of feature of the website or the application or any other systems or networks connected to the website or the application, operated by TGHC by way of hacking, password mining or any other illegitimate means. The User shall not engage in any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other service, without permission, or falsifying age or date of birth or any other information provided or submitted to TGHC.

TGHC only provides choices/options in terms of available Wellness Practitioners. TGHC does not endorse or recommend any Health and Wellness Services to any User. The User agrees and acknowledges that he/she is engaging a Wellness Practitioner or choosing a Health and Wellness Program entirely of his/her own volition, and the User has no recourse against TGHC in respect of any choice made by him/her voluntarily.

TGHC does not make any warranties or assurances or certifications or endorsements with respect to the quality of service/processes/products provided by the participating Wellness Practitioners, or of any of the Health and Wellness Services.

TGHC does not provide any medical advice or medical treatment. The content and any information provided by our Wellness Practitioners other than the licensed Web Services are for informational purposes only and should not be used for the diagnosis or treatment of any medical condition.

USER ACCOUNT

The User may be required to register with TGHC and submit information that is complete, accurate, and truthful to TGHC. If the User utilizes a third party to provide the information to TGHC, the User accepts that it has reviewed that information and confirmed that it is complete, accurate, and truthful prior to its submission to TGHC. The User also agrees to maintain the information that is submitted to TGHC and to update it promptly for any changes. Failure of the User to keep its information current will constitute a breach of the Agreement, which may result in immediate termination of the User’s account.

In order to create a User account on the platform of the Web Services, TGHC may require the User to provide details regarding their name, User ID, email address, address, date of birth, employer name, job designation, gender, phone number and password chosen by the User. Other optional information and/or documentation may be requested on the registration page.

TGHC may, in future, include other optional requests for information from the User in order to enable TGHC to customize the Web Services to deliver personalized information to the User. In the event of such changes, TGHC will display a notice of such changes on the platform of the Web Services, or notify the Users, in any other manner, so that the User may review the changed terms prior to continuing to use the Web Services. If the User objects to any of the changes, and no longer wishes to use the Web Services, the User may write to TGHC at info@tghclinic.com to delete their account. If the User uses the Web Services after the notice of change being made known to the User, it is understood that such a User has provided their consent to the changed terms.

It is the responsibility of the User to provide their correct mobile number and email address, and update the same on the platform of the Web Services, if required. All reminders and notifications will be sent to the account associated with this mobile number and/or email address. Every time the User changes any contact information, TGHC will send a confirmation on the updated mobile number/email address. TGHC is not responsible for any loss or inconvenience caused due to the User not updating their contact information.

In registering for the Web Services, the User will also set an account password. The User is solely responsible for setting its password and for maintaining its confidentiality. The User also is solely responsible for all activity that occurs on its account. The User agrees not to share the password with any person, not to permit any person to have access to its password, and not to otherwise facilitate the use of your User ID and password by any other person. The User agrees to notify us in writing immediately of any unauthorized use of its password or account or any other security breach of which the User has become aware.

CONSENT TO USE TELEMEDICINE SERVICES

As a part of the Web Services, TGHC will facilitate the connection between you and the Wellness Practitioner, sometimes through video conferencing to avail of Health and Wellness Services. Telemedicine services involve the delivery of the Health and Wellness Services using electronic communications, information technology or other means between the Wellness Practitioner and a patient or the User, as the case may be, who are not in the same physical location. While the provision of telemedicine services may offer certain potential benefits, there are also potential risks associated with the use of telemedicine services, which the User hereby accepts.

The User acknowledges that it has been provided with all the information necessary for it to decide whether to avail of the Health and Wellness Services, and based on the same, the User provides its consent and authorization for the Wellness Practitioner to provide the Health and Wellness Services through telemedicine. The User may withdraw its consent and discontinue treatment at any time. The User acknowledges that he/she has considered all possible alternative methods and therapies to the proposed treatment/intervention, their respective benefits, material risks and disadvantages, if any. The User accepts that the proposed telemedicine treatment has certain material risks/complications, and has been provided with the requisite information about the same, including that there are other undefined, unanticipated, unexplainable risks/complications that may occur during or after the proposed treatment/intervention. The User also agrees and acknowledges that there can be no assurance about the results or outcomes of the Health and Wellness Services or warranty about the results or outcome of the Health and Wellness Services.

The User agrees that if any of the aforementioned consents for the Web Services and the Health and Wellness Services are withdrawn, TGHC reserves the right to disable the User’s access to or use of the Web Services. The User accepts that it should seek emergency help or follow-up care when recommended by a Wellness Practitioner or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Among the intended benefits of the Web Services, there are potential risks associated with the use of telehealth services. These risks include, but may not be limited to:

Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate healthcare decision-making by the Wellness Practitioner;

Delays in evaluation or treatment could occur due to failures of the electronic equipment, whether at the end of the User, the Wellness Practitioner, or in relation to the Web Services;

Lack of access to all of the User’s health records may result in adverse drug interactions, hypoglycemic or hyperglycemic or hypotensive or hypertensive events, allergic reactions or other judgment errors; and

Although the electronic systems TGHC uses will incorporate network and software security protocols to protect the privacy and security of health information, security protocols can fail or be breached, causing a breach of privacy of personal health information. Under such circumstances, the User agrees and confirms that TGHC will not be liable for any data loss or damage caused to the User.

By accepting these terms, the User acknowledges that no benefits or results are guaranteed or assured by TGHC or the Wellness Practitioners in respect of the Web Services and the Health and Wellness Services;

DISSEMINATION OF INFORMATION

TGHC collects, directly or indirectly, and displays on the platform of the Web Services, relevant information regarding the profile and practice of the Wellness Practitioners associated with TGHC, such as their specialisation, qualification, fees, location, available hours for consultation, and similar details. TGHC takes reasonable efforts to ensure that such information is updated at frequent intervals. The User agrees that TGHC shall not be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

As a condition for accessing or using the TGHC website, the applications, and certain other aspects of the Web Services, the User must provide TGHC with its email address and mobile phone number. By participating in the Web Services, you agree and consent to TGHC communicating with you via email, SMS messages, voice calls, push notifications, and other electronic communications that relate to the Web Services. Emails that are sent by TGHC to the User may be unencrypted and may contain personal information, including protected health and wellness information, and the User agrees that TGHC may send these emails to the User unless the User chooses to unsubscribe from emails at any time. As part of using the Web Services, the User agrees to receive all agreements, notices, disclosures, and other communications that we provide to the User in electronic form, including all communications that we are required by law or these Agreements to provide to the User. The User also acknowledges that receipt of these communications in electronic form satisfies any legal requirement that the communications be in writing. The User consents to receive electronic notices, disclosures, and other communications in respect of the Health and Wellness Services and Web Services, and this consent shall also apply to any notice or other information that TGHC provides in connection with the User’s application, registration, or enrolment in an TGHC program, and all communications relating to your access to and use of the Web Services.

The User is responsible for obtaining, installing, operating, and maintaining all software, hardware, or other equipment (collectively, Systems) that may be necessary for the User to access and use the Web Services and any internet and/or wireless services via the providers of your choice (the Connections). This responsibility includes, without limitation, utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and internet security software. By accessing or using the Web Services, the User demonstrates and agrees that it can access information that TGHC posts electronically and receive electronic communications from TGHC.

In connection with your access to and use of the Health and Wellness Services, the User agrees that:

It is responsible for the data security of the systems that the User uses in order to access the Web Services and for the transmission and receipt of information using those systems;

Using open networks such as the connections is associated with certain security, corruption, transmission error, and access-availability risks, and User expressly assume those risks;

The User has made its own independent assessment of the adequacy of the systems and the connections and are satisfied with that assessment; and

TGHC is not responsible for any errors or problems that arise from the malfunction or failure of the systems or the connections.

The communication lines used to transmit emails and text messages only have the same security features, as made available by the providers of the email and text message services. By accessing or using the Web Services, the User acknowledge that TGHC is unable to ensure the security of information sent by the User to TGHC through the User’s systems or connections until that information reaches TGHC, and the User acknowledges that information sent via email or text message or otherwise through your systems or connections may not be encrypted or secure.

RIGHTS AND OBLIGATIONS

While providing information to TGHC, the Wellness Practitioners, or anywhere on the Web Services, the User shall not display, upload, modify, publish, transmit, update or share any information that:

Is intentionally incomplete, false or inaccurate;

Belongs to another person and to which the User does not have any right over;

Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

Harms minors in any way;

Infringes any patent, trademark, copyright or other proprietary rights;

Violates any law for the time being in force;

Impersonates another person;

Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

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 any other nation.

The User shall not copy or duplicate, in any manner, any content belonging to TGHC, or any other information available on the platform of the Web Services of TGHC.

The User shall not transmit any information that is disruptive or competitive or prejudicial to the provision of Web Services by TGHC.

Upon obtaining knowledge by an affected person in writing, or on being notified by the appropriate Government that the Web Services are being used by the User to commit any unlawful act and/or is being used in violation of this Clause, TGHC shall be entitled to remove or disable access to the material or information that is in contravention of this Clause. TGHC is entitled to act within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. TGHC shall also be entitled to preserve such information and associated records for at least 180 days (One Hundred and Eighty Days) for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or this Agreement by a User, TGHC has the right to immediately terminate the access or usage rights of the User to the Web Services and to remove non-compliant information from the Web Services.

TGHC may disclose or transfer User-generated information to its governmental authorities in such manner as required by applicable law, and the User hereby consents to such transfer. TGHC will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

The User is responsible for providing and maintaining, at the User’s own risk, option and expense, the appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the App or the Site) to enable use of the platform and the Web Services. TGHC reserves the right to change the access configuration, including any software, hardware or other requirements of the Web Services at any time without prior notice.

The Wellness Practitioner may prescribe medication and use of medical equipment on the platform, including medical supplies, e.g., diabetic test supplies, including blood sugar and blood ketone strips, which may be supplied by TGHC based on the Wellness Practitioner’s advice. The timing, fees, quantity and terms of all such supplies shall be at the Wellness Practitioner’s sole discretion. Refusal to provide additional supplies shall not relieve Users of their obligation to pay the fees specified for the Web Services and the Health and Wellness Services as applicable.

By accepting these terms, the User agrees that all items provided in connection with the Web Services and Health and Wellness Services are for your personal use only and not for resale. If the User dispenses any of these supplies to others, including for resale, the User acknowledges and agrees that such breach of these terms is likely to cause irreparable harm to TGHC.

The User further agrees and acknowledge that TGHC is a mere facilitator providing the Web Services and facilitating the provision of the Health and Wellness Services, and these do not fall within the purview of the Drugs and Cosmetics Act, 1940, read with the Drugs and Cosmetics Rules, 1945 and the Medical Device Rules, 2017.

PRICING, CHARGES, AND PAYMENT TERMS

If the User is an individual using the Web Services and Health and Wellness Services under a health plan or through his/her employer, the pricing and payment terms shall be as agreed between the party providing the health plan or the employer and TGHC. All other terms contained herein shall continue to apply to the User, in respect of the Web Services and the Health and Wellness Services.

If the User is not accessing or using the Web Services under the health plan or employer provider, the User agrees to the pricing and payment terms as set forth in the User’s account or made available to the User on the Web Services. TGHC may add new services for additional fees and charges and add or amend fees and charges for existing services. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to the User as provided in these terms. All fees payable on the platform are payable to TGHC directly.

At the time of payment, the User may be provided with various payment options, including payment in full or in a staggered manner, as may be specified from time to time. The User agrees that to continue access to the Web Services and the Health and Wellness Services, the User must make timely payment of the fees and TGHC reserves the right to deny the User access to the Web Services and the Health and Wellness Services in the event any default.

The User may cancel any of the Health and Wellness Services of its own volition. However, the User agrees that there are no refunds for cancellation, unless explicitly stated at the time of booking.

In the event that TGHC suspends or terminates the User’s account for any of the reasons set out herein, the User agrees that it will receive no refund.

INTELLECTUAL PROPERTY RIGHTS

The contents of the Web Services and the Health and Wellness Services are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and / or commercial use of any or all the material on the Web Services and the Health and Wellness Services are prohibited. The logos, service marks and trademarks displayed on the platform of the Web Services are the property of TGHC or have been licensed to TGHC by the relevant owners for use. The User may use this material only as expressly authorized by TGHC, and shall not copy, transmit or create derivative works of such material without express authorization from TGHC.

The User acknowledges and agrees that he/she shall not upload, post, reproduce or distribute any content on or through the Web Services that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Web Services with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

Nothing displayed / provided on the platform of the Web Services should be construed as granting, by implication, or otherwise, any license or right to use any trademarks without written permission from TGHC.

REPRESENTATIONS AND WARRANTIES

The Web Services provided by TGHC and the Health and Wellness Services are provided on an “as is” and “as available” basis, and without any warranties or conditions.

TGHC will make available Wellness Practitioners to render the Health and Wellness Services to the Users. However, it is clarified that TGHC’s obligation is restricted to facilitating the Wellness Practitioners, and does not, in any manner whatsoever, extend to the efficacy, effectiveness, authenticity or quality of the advice provided by the Wellness Practitioners.

It is expressly clarified that TGHC shall not be responsible for, inter alia, any of the following:

(a) Any pre-existing medical conditions; or

(b) Any adverse drug reaction caused due to any act or omission in the information provided by the User to the Wellness Practitioner (or at the time of registration or any previous interactions with any Wellness Practitioner); or

(c) Sudden escalation of a prior medical condition or the occurrence of any medical exigency caused on account of omission of critical and material health information by a User; or

(d) Any error or omission or negligence by Wellness Practitioners leading to any adverse health effects.

TGHC does not provide or make any representation, warranty or guarantee, express or implied about the outcome of any services provided by the Wellness Practitioner.

TGHC does not provide or make any representation, warranty or guarantee, express or implied about the Web Services.

TGHC does not guarantee the accuracy or completeness of any content or information provided by Users on the platform of the Web Services.

To the fullest extent permitted by law, TGHC disclaims all liability arising out of the User’s use or reliance upon the Web Services, representations and warranties made by other Users, the content or information provided by the Users on the platform of the Web Services, or any opinion or suggestion given or expressed by TGHC or any User in relation to any User or Web Services provided by such User.

The Web Services may be linked to the website of third parties, affiliates, business partners, and enterprise clients of TGHC. TGHC has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites. Inclusion of any such link on the platform of the Web Services does not imply that TGHC endorses the linked site. User may use the links and these services at their own risk.

If a User is availing of the Web Services and Health and Wellness Services through an enterprise client of TGHC (whether an employer or a health plan service provider), the User agrees that in such an event, the said enterprise client makes no representation in respect of the services contemplated herein, and the User agrees and acknowledges that the said enterprise client shall not be liable to the User for any negligence, commission, or omission under these terms, and that the User shall not implead the said enterprise client in any proceedings whatsoever that he may initiate in respect of the Web Services and Health and Wellness Services.

The Health and Wellness Services are not intended to be a substitute for getting in touch with emergency healthcare facilities. If the User faces a medical emergency, such User is advised to contact an ambulance service, hospital, doctor or appropriate medical professional directly.

TGHC assumes no responsibility, and shall not be liable for, any damages to the User’s equipment, or viruses that may infect the User’s equipment / device on account of User’s access to, use of, or browsing the Web Services, or the downloading of any material, data, text, images, video content, or audio content from the Web Services. If a User is dissatisfied with the Web Services, User’s sole remedy is to discontinue using the Web Services.

TERMINATION

TGHC reserves the right to suspend or terminate a User’s access to the Web Services with or without notice, and its sole discretion, for any reason whatsoever, including but not limited to cases where:

(a) Such when a User breaches the terms and conditions of this Agreement;

(b) Any third party reports violation of any of its right as a result of such a User’s use of the Web Services;

(d) TGHC has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

(e) TGHC believes, in its sole discretion, that the User’s actions may cause legal liability for such User, other Users or for TGHC, or are contrary to the interests of the Web Services.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Web Services under the same account, a different account or re-register under a new account.

LIMITATION OF LIABILITY

In no event shall TGHC be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

(a) The use or the inability to use the Web Services;

(b) The use or the inability to use the Health and Wellness Services; and

TGHC shall not be responsible for the delay or inability to use the Web Services or Health and Wellness Services, the provision of or failure to provide Web Services or Health and Wellness Services, or any loss caused therefrom.

TGHC shall not be held responsible for non-availability or access to the Web Services during periodic maintenance operations or any unplanned suspension of access that may occur due to technical reasons or for any reason beyond the control of TGHC.

Notwithstanding anything contained herein or any other agreement between TGHC and the User, the User agrees that the maximum aggregate liability of TGHC in respect of the Web Services and the Health and Wellness Services shall not exceed the total amount paid by the User to TGHC in the one year preceding the date on which such claim is made by the User. In the event that the User has not made any direct payment to TGHC (on account of the User availing the services herein through an enterprise client or partner of TGHC), the User agrees that the maximum aggregate liability of TGHC in respect of the Web Services and the Health and Wellness Services shall not exceed the total amount that would have been paid by the User to TGHC in the one year preceding the date on which such claim is made by the User, if the User had availed the same Health and Wellness Services and the Web Services as an individual customer.

INDEMNITY

The User agrees to indemnify and hold harmless TGHC, its Partners, affiliates, officers, directors, employees, consultants, licensors, agents, representatives, from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of their account, of any intellectual property or other right of any person or entity.

TGHC shall notify the User of any such claim, loss, liability, or demand, and in addition to the User’s foregoing obligations, the User agrees to provide TGHC with reasonable assistance, at their own expense, in defending any such claim, loss, liability, damage, or cost.

APPLICABLE LAW AND DISPUTE SETTLEMENT

This Agreement shall be governed by and construed in accordance with the laws of India.

The courts of Bangalore shall have exclusive jurisdiction in case of any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof.

SEVERABILITY

The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement.

WAIVER

The waiver of any breach or default of the terms of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.

GRIEVANCES

If a User has any questions concerning TGHC, the Web Services, this Agreement, or anything related to any of the foregoing, such a User may write to TGHC at info@tghclinic.com.

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