TERMS OF USE

YOUR USE OF THIS APPLICATION, INCLUDING ANY USE OF Dhanush Healthcare BY PHONE, IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE. BY CLICKING “ACCEPT”, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS APPLICATION.

PLEASE READ THESE TERMS OF USE CAREFULLY

Services Provided

Dhanush Healthcare provides a technology platform and infrastructure to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the “Providers”) in real time via live streaming video and/or telephone for the purpose of participating in a health care consultation. Dhanush Healthcare also provides other types of administrative services and information (“Services”). Dhanush Healthcare does not provide medical care or practice medicine or any other licensed profession, and Dhanush Healthcare does not interfere with the practice of medicine or other licensed profession by Providers. All of the participating Providers have independently contracted to be in the network , and are solely responsible for their services and compliance with any requirements applicable to his or her professional license. Dhanush Healthcare does not provide any physicians’ or other Providers’ services itself, and neither Dhanush Healthcare nor any third parties who promote its services shall be liable for any professional advice you obtain from a Provider via the Dhanush Healthcare Services.

Use of This Application and the Services - NOT FOR EMERGENCIES

Dhanush Healthcare Application and Services are NOT FOR use in case of medical EMERGENCIES or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears on Dhanush Healthcare. IF YOU THINK YOU HAVE ANY EMERGENCY, PLEASE VISIT A HOSPITAL IMMEDIATELY!

Your interaction with the Providers through the Service is not intended to replace your relationship with your existing primary care physician. The Providers reserve the right to deny care for actual or potential misuse of the Services. The Services do not include the provision of medical care by Dhanush Healthcare. Rather, the Dhanush Healthcare Services enable access to Providers who have agreed to provide patient care to customers using Dhanush Healthcare Services. These Terms of Use apply to your use of the application and to your registration for, subscription to, and use of the Dhanush Healthcare Services.

Legal Notices and Disclaimers

1. General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE Dhanush Healthcare SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW Dhanush Healthcare AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Dhanush Healthcare AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER. Dhanush Healthcare MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES. YOU AGREE THAT Dhanush Healthcare IS ONLY A FACILITATOR. Dhanush Healthcare HAS EXERTED REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION PUBLISHED ON THE APPLICATION IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH INFORMATION FOR WHICH Dhanush Healthcare SHALL HAVE NO LIABILITY. Dhanush Healthcare RESERVES THE RIGHT TO REMOVE OR ALTER ANY OF THE INFORMATION CONTAINED ON THE APPLICATION AT ITS SOLE DISCRETION. Dhanush Healthcare DISCLAIMS RESPONSIBILITY FOR ANY HARM TO PERSONS RESULTING FROM ANY INSTRUCTIONS, PRODUCTS OR SERVICES REFERRED TO IN THE APPLICATION. Dhanush Healthcare IS NOT ASSOCIATED WITH ANY MANUFACTURER OF MEDICINES OR MEDICAL PRACTIONER ON THE APPLICATION. WE DO NOT WARRANT THAT THE APPLICATION OR ITS CONTENT WILL MEET YOUR REQUIREMENTS. Dhanush Healthcare ACCEPTS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE SUFFERED DUE TO YOUR RELIANCE ON THE SERVICE REVIEWS POSTED BY OTHER USERS OF THE APPLICATION. Dhanush Healthcare RESERVES THE RIGHT TO MAKE MODIFATIONS TO THE APPLICATIONS WITHOUT NOTICE AND YOU AGREE TO KEEP YOURSELF UPDATED WITH THE REVISED TERMS OF USE.

Medical Disclaimers

Dhanush Healthcare makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of Dhanush Healthcare. You and your physician are solely responsible for all information and/or communication sent during a video and/or telephone consultation or other communication. Dhanush Healthcare does not guarantee that a video and/or telephone consultation is the appropriate course of treatment for your particular health care problem. Furthermore, telemedicine is not a substitute for your primary care physician. You agree to contact your physician immediately should your condition change or your symptoms worsen and Dhanush Healthcare shall not be responsible for the same. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that Dhanush Healthcare does not provide medical advice, diagnosis, or treatment, but strictly provides a technology platform and infrastructure for connecting patients with independent third party network providers.

Content Disclaimers

No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by Dhanush Healthcare. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. Dhanush Healthcare makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.

Intellectual Property

You, hereby, agree to indemnify and hold harmless UTTARAKHAND HEALTH SYSTEMS DEVELOPMENT PROJECT from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by UTTARAKHAND HEALTH SYSTEMS DEVELOPMENT PROJECT directly or indirectly by reason including but not limited to the following:

Indemnification

• your use/misuse of or access to the Application;
• your violation of these Terms of use;
• any activity related to your internet account (including negligent or wrongful conduct) by you or any other person accessing the Website using your internet account;
• from any transaction you conduct as a result of the contact facilitated by the Application;
• from any transaction you conduct as a result of the contact facilitated by the Application;
• from your infringement of any intellectual property rights in any posting to or transmission via the Application.

Force Majeure

Dhanush Healthcare shall not be liable for any failure to perform any obligations under these Terms, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of Dhanush Healthcare and in such case our Services under these Terms of Use shall be suspended for so long as such event continues.

1. Privacy By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy and Notice of Privacy Practices, which is incorporated herein and made part of these Terms of Use by reference.
2. No Third Party Rights. Unless expressly granted in these Terms of Use or in the Privacy Policy, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Use or the Privacy Policy on any persons other than you, Dhanush Healthcare and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to you, Dhanush Healthcare or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, Dhanush Healthcare or its Affiliates.
3. Assignment: You may not assign, transfer or delegate these Terms of Use or the Privacy Policy or any part of them without Dhanush Healthcares prior written consent. Dhanush Healthcare may freely transfer, assign or delegate all or any part of these Terms of Use and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Use and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

These Terms of Use shall be governed by the laws of India and the courts at Hyderabad shall have the jurisdiction.