We, JUSTKARE TECHNOLOGIES PRIVATE LIMITED, a Company registered under the Companies Act 2013 and having its registered office at 14/291 A SQUARE BUILDING, EDATHALA P O, KUZHIVELIPADY, KANGARAPPADY, ERNAKULAM KL 683561, India hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

The Company ensures steady commitment to your usage of the Platform and privacy with regard to the protection of your valuable information. This document contains information about the Website and domain www.mykarehealth.com and mobile application “Mykare health, Mykare partner app and Mykare business app” (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

1. DEFINITIONS
1. “We”, “Our”, and “Us” shall mean and refer to the Domain and/or the Company, as the context so requires.
2. “You”, “Your”, “Yourself”, “User”, shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per Indian laws.
3. Services” shall refer to providing a platform which connects Users with specialist doctors and acts as an aggregator selling treatment packages, Health Check Packages, Wellness packages, Spa Packages, Gym Packages. The detailed explanation for the same shall be provided in Clause 3 of these Terms of Use.
4. “Third Parties” refer to any Application, company or individual apart from the User, Vendor and the creator of this Platform. It shall include such payment gateways as partnered by the Company.
5. The term “Platform” refers to the Website/Domain created by the Company which provides the Client to avail services of the Company thru the use of the platform.
6. "Member/Patient/User" means a person, who completes the registration process and avails the services of the Platform in connecting with doctors or purchasing the wellness or health packages, offered on the Platform.
7. “Hospitals/Doctors / Clinic/ Diagnostic centre / Spa/ Gym” refers to those entities listed on the Platform and from whom patients can choose to avail the services.
8. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
9. The use of this Platform by the Members is solely governed by these Terms as well as the Privacy Policy and other policies as listed on the Platform, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The Member expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
10. The Member unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Member and the Company, and that the Member shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The Member acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Member and that the Member’s act of visiting any part of the Platform constitutes the Member’s full and final acceptance of these Terms and the aforementioned Policy.
11. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Member, and the Member expressly agrees that any such amendments or modifications shall come into effect immediately. The Member has a duty to periodically check the terms and stay updated on its requirements. If the Member continues to use the Platform following such a change, the Member will be deemed to have consented to any and all amendments/ modifications made to the Terms. In so far as the Member complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the Member does not adhere to the changes, the Member must stop using the Services at once. Your continued use of the Services will signify your acceptance of the changed terms.
2. REGISTRATION
1. Registration is not mandatory for all Members in order to acquire information about the Platform or its features, however, to avail the services, the Member shall be a registered on the platform;
General Terms
2. The Members are also provided with an option to link their Facebook/Google accounts with the Platform at the time of their registration in order to smoothen the process of registration.
3. Registration for this Platform is available only to those above the age of Eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. If you are a minor and wish to use the Platform as a Member, You may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
4. Further, at any time during your use of this Platform, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your User name and password, and any activity under the account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any herein below use of your account.
3. PLATFORM OVERVIEW

The Platform acts as an aggregator and connects the Users with hospitals, doctors and wellness centers of their choice from among those listed on the Platform. The following are the Services provided by the Platform:

1. Booking Appointment: The platform facilitates booking of preliminary consultations with the doctors/surgeons of the member’s choice and book subsequent consultations only on their request. The User has to click “book a consultation button” on the profile page of the medical professional on the Platform. To avail this Service, the member has to select from among consulting hospital of the doctors/surgeons of their choice listed on the Platform and pick a time slot of their choice from among the available time slots. To confirm the consultation, the Users would be required to provide the contact information requested by the Platform. Upon receiving a request, The Company will confirm the consultation subject to availability of the doctor/surgeon during the selected time slot.
2. Ask your Expert Opinion: The Platform facilitates the User to connect to doctors/surgeons and seek reply to their queries. To avail this Service, the User has to provide his/her contact information including their email address and mobile phone number along with the query they want to raise to a doctor/surgeon. Upon successful generation of the query, the Platform will facilitate the User in receiving a response from the doctor/surgeon via messaging application. It is specifically stated that the Company is not providing any medical advice and/or endorsing any specific doctor/surgeon or medical procedure and the Company will not be responsible for any medical advice given by any doctor/surgeon.
3. Get Quotations: The Platform shall facilitate the Users to get an estimated quotation of required surgery or medical procedure at various consulting hospitals of the surgeons/doctors specializing in the specified medical procedure in the selected city (provided the Services are available in the selected city) from among those listed on the Platform. It is hereby stated that the final price may vary from the quotation depending upon the complexities in the User’s treatment, their needs and their treatment plan.
4. Diagnostic Facility: The Platform facilitates the User to avail diagnostic tests, as required in the course of medical treatment and as advised by the doctor/surgeons the User chooses from among those listed on the Platform. It is hereby stated that the company does not conduct any diagnostic tests, therefore they are not responsible for any sample collected, tests conducted and the accuracy, authenticity and/or correctness of diagnostic test reports.
5. Online Consultation: The platform facilitates online consultation that is a paid service for the time period of ten to fifteen minutes for the users seeking immediate redressal, The platform is not responsible for the network connectivity of the users, the consulting doctors take full responsibility of the consultation advice given by them and the platform is not responsible for the same.
6. Treatment Packages: The Platform facilitates treatment packages which can be customized by the Users in accordance with their needs.
7. Health Check: The Platform facilitates the Users to avail packages for the hospital/clinic/diagnostic centres listed on the Platform.
8. Wellness: We sell Spa and Massage packages.

The Platform only provides aggregator services and shall not responsible in any manner for any death, injury or any other medico legal issues that may arise as a consequence of availing the services, the onus for the same shall lie with the hospital and or the doctors providing the treatment.
Any services availed which do not fall within the ambit of the package availed will have to be paid by the User directly at the facility.

4. ELIGIBILITY
1. The Members further represent that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
2. The Members may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.


5. CONTENT

All text, graphics, Member interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided by Platform and the Platform have control over it and assures a reasonable quality, the accuracy, integrity or genuineness of the services offered through the Platform.

The Users/doctors, clinics/hospitals/wellness centres and spas shall be solely responsible for the Content uploaded by them on the Platform including but not limited to details of the medical professional, hospital or specific queries and requirements. In case of any dispute pertaining to the authenticity, accuracy or originality of such content, the User responsible for posting the content alone shall be responsible for the same. They shall be further responsible for indemnifying the Company and the Platform under such circumstances.

All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.

The Members are solely responsible for the integrity, authenticity, quality and genuineness of the feedback and comments by Members can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Members or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any Member for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any Member who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The Member shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Members have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Members shall not copy, adapt, and modify any content without written permission of the Company.

6. CUSTOMISATION OF PACKAGE

The Platform facilitates the Users to customise the treatment packages that they seek to avail through the Platform for medical treatments in accordance with their specific needs or requirements. However, the customisation of treatment packages would have to be abiding the following terms:

1. The pricing of the services offered under the customised package will depend on the line of treatment or medical procedure you choose to undergo, the category of post-operative care provider chosen by the User, the category of hospital room the User opts for, the choice of food/beverages chosen by the User, the User’s pharmaceutical needs which shall be based on doctors/surgeons advice and any other special facility that may be required by the User at any stage of treatment.
2. The Customisation package shall not include the following costs:
   1. Any additional expenses that may be incurred due to any complications during surgery/treatment;
   2. Any additional test or diagnosis required as a result of special nature of treatment or procedure;
   3. Any transportation cost involved; and
   4. d. Pharmaceutical expenses incurred towards medications not prescribed by the doctor or in cases where medication is required beyond the period prescribed by the doctor.
3. Any services not specified in the package will be charged additionally and the charges for the same would have to be paid directly at the hospital.


7. TERM
1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the Member continues to access and use the Platforms.
2. The Members may terminate their use of the Platform at any time.
3. The Company may terminate these Terms and close a Member’s account at any time without notice and/or suspend or terminate a Member’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
4. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
5. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.


8. TERMINATION
1. The Company reserves the right, in its sole discretion, to unilaterally terminate the Member’s access to the Platform, or any portion thereof, at any time, without notice or cause.
2. The Platform also reserves the universal right to deny access to particular Members, to any/all of are on its Platform without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
3. The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Members, or to change any of the features or introduce new features without prior notice.
4. The Member shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Member shall not have the right to terminate these Terms till the expiry of the same.
9. COMMUNICTION

By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Members hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.

Clients can report to "9709706555" if they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

The Member expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any Services availed by the Member on the Platform or anything pursuant thereto and the Members agree to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the Member with the Company shall be governed by the Privacy Policy.

10. PAYMENT

Charges:

1. Registration on the Platform is free of cost at present. However, in case of availing the services, the Users shall pay the appropriate fee for the package directly to the Company in any of the prescribed modes of Payment Methods
   1. Debit Card
   2. Credit Cards
   3. Amex Card
   4. Net Banking
   5. UPI
2. Online Payment Gateways: Paytm, Googlepay, Phonepe or any other payment apps
3. The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. An additional processing charge of 3% would be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
4. The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions.
5. For appointments booked with doctors or any other medical professionals booked through the Platform, the Users are advised to make payment for the same through the Platform.
6. For any payments made through the Platform, the Company or the Platform shall not be responsible for:
   1. Lack of authorization for any transaction.
   2. Exceeding of any pre-set limit mutually agreed by the User and their bank
   3. Any payment issues arising as a result of the transactions.
   4. The transaction being declined for any other reason
7. In the event of money getting deducted from the User’s Account, despite a failure of transaction, the payment deducted will be returned to the User’s account within 7 working days.


11. MEMBER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The Users agrees and acknowledges that they are a restricted Member of this Platform and that they:

1. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. The Company is not liable if the Member has provided incorrect information.
2. Agree to ensure the Name, Email address, Address, Mobile number and any such other information provided during account registration is valid at all times and shall keep your information accurate and up-to-date. The Member can update their details anytime through accessing their profile on the platform.
3. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Company reserves the right to close your account at any time for any or no reason.
4. Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The Member also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the Member, and to streamline the Services through the Platform.
5. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Client responses, Client locations, Member comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of Member-related options and Services.
6. Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Platform or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
7. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
8. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the Member’s access to the Platform. The Member acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.
9. Expressly agree and acknowledge that the Content generated by the Member and displayed on the Platform is not owned by the Company and that the Company is in no way responsible for the content of the same. The Member may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
10. Agrees and understands that the Platform only provides aggregator services and shall not responsible in any manner for any death, injury or any other medico legal issues that may arise as a consequence of availing the services, the onus for the same shall lie with the hospital and or the doctors providing the treatment.
11. Agrees and understands that any services availed which do not fall within the ambit of the package availed will have to be paid by the User directly at the facility.
12. Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Members are utilizing services.

The Users further undertakes not to:

1. Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
3. Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The Member may not reverse look-up, trace or seek to trace any information relating to any other Member of, or visitor to, the Platform, or any other viewer of the Platform, including any Member account maintained on the Platform not operated/managed by the Member, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
4. Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
5. Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
6. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Platform;
7. Violate any applicable laws, rules or regulations currently in force within or outside India;
8. Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
9. Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;

Further:

10. The Member hereby expressly authorizes the Company/Platform to disclose any and all information relating to the Member in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The Member further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
11. By indicating Member's acceptance to purchase any service offered on the site, the Member is obligated to complete such transactions after making payment. Members shall prohibit from indicating their acceptance to avail services where the transactions have remained incomplete.
12. The Member agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
13. The Member agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned Member account.
14. The Member agrees to provide authentic and true information. The Company reserves the right to and validate the information and other details provided by the Member at any point of time. If upon verification such Member details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject the registration and debar the Member from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
15. The Member agrees not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the Member agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
    1. belongs to another person and to which the Member has no right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
    3. is in any way harmful to minors;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
    8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    9. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; 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;
    10. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.


12. SUSPENSION OF MEMBER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the Member’s access and/or activity by immediately removing the Member’s access credentials either temporarily or indefinitely, or suspend/terminate the Member’s association with the Platform, and/or refuse to usage of the Platform to the Member, without being required to provide the Member with notice or cause:

1. If the Member is in breach any of these Terms or the Policy;
2. If the Member has provided wrong, inaccurate, incomplete or incorrect information;
3. If the Member’s actions may cause any harm, damage or loss to the other Members or to the Company, at the sole discretion of the Company.
13. INDEMNITY

The Members of this Platform agree to indemnify, defend and hold harmless the Company/Platform, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed pursuant to these terms of use. Further, the Member agrees to hold the Company/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

1. Member’s use of the Platform,
2. Member’s violation of these Terms and Conditions;
3. Member’s violation of any rights of another;
4. Member’s alleged improper conduct pursuant to these Services;
5. Member’s conduct in connection with the Platform;

Member agrees to fully cooperate in indemnifying the Company and the Platform at the Member’s expense. The Member also agrees not to reach a settlement with any party without the consent of the Company.

In no event shall the Company/Platform be liable to compensate the Member or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Member’s use of or access to the Platform and/or the Services or materials contained therein.

14. LIMITATION OF LIABILITY
1. The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any consequences arising out of the following events:
   1. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
   2. If the Member has fed incorrect information or data or for any deletion of data;
   3. If there is an undue delay or inability to communicate through email;
   4. If there is any deficiency or defect in the Services managed by Us;
   5. If there is a failure in the functioning of any other service provided by the Platform.
2. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the Member, the Member’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the Member through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
3. Members are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
4. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
5. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.


15. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the Member a right to use any of the Platform’s, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The Member may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Members of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.

16. DISCLAIMER OF WARRANTIES AND LIABILITIES
1. The Member agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
2. The Member agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
3. The Company/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the Member hereby expressly accepts any and all associated risks involved with the Member’s use of the Platform.
4. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy


17. JURISDICTION

The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts Tiruvallur, Tamilnadu, India.

18. FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

19. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Kochi, Kerala, India.

The Parties expressly agree that the Terms of Use, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

20. NOTICES/GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the Member may be communicated to the Company by the Member by emailing to admin@mykarehealth.com

21. MISCELLANEOUS PROVISIONS
1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the Member and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

If you have any questions about this Policy, the practices of the Platform, or your experience with the Service provided by the Platform, you can contact us at admin@mykarehealth.com