BEINGSWASTH TERMS OF USE

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by BeingSwasth( “we,” “us,” and “our”), including the (beingswasth.in) websites (collectively, the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. The terms “you” and “your” means you, your dependents if any, and any other person accessing your Account. The professional medical services (which are provided by your Medical Practitioner) and the non-clinical Site services (which are provided by BeingSwasth) are collectively referred to in this Terms of Use as, and included in the definition of, the “Services”. The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within the Terms of Use, the Notice of Privacy Practices beingswasth.in/privacy-policy provided to you by the BeingSwasth or your own Healthcare Practitioners and applicable Privacy Policies. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Binding Arbitration. These Terms of Use provide that all disputes between you and BeingSwasth that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with BeingSwasth.

1. Privacy Practices

You agree that information provided by you in connection with the Services and Site shall be governed by the BeingSwasth Privacy Policy beingswasth.in/privacy-policy which is hereby incorporated and made a part of this Agreement.

2. Services Provided – No Medical Care or Advice by BEINGSWASTH

BEINGSWASTH does not provide medical advice or care. For purposes of these Terms of Use, “medical, “medical advice,” or “medical care” includes nutritional, behavioral, psychological, and veterinary information and advice. BEINGSWASTH merely enables independent physicians who deliver virtual care services and other clinical services via the BEINGSWASTH platform to their patients. Healthcare Practitioners are not employed by BEINGSWASTH. The Healthcare Practitioners, and not BEINGSWASTH, are responsible for the quality and appropriateness of the care they render to you. BEINGSWASTH do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Healthcare Practitioners, including but not limited to any compliance obligations or steps necessary to comply with any laws and regulations.

The Healthcare Practitioners are independent of BEINGSWASTH and are merely using the Site as a way to communicate with you. Any information or advice received comes from them alone, and not from BEINGSWASTH. Neither BEINGSWASTH, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Healthcare Practitioners via the Site or Service, nor any information obtained on the Site. BEINGSWASTH does not recommend or endorse any specific Healthcare Practitioners, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Healthcare Practitioners or information delivered by the Healthcare Practitioners via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

Some Healthcare Practitioners listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Services. To help you find Healthcare Practitioners who may be suitable for your needs, and enable the maximum choice and diversity of Healthcare Practitioners participating in the Services, we will provide you with lists and/or profiles of Healthcare Practitioners. These results are based on information that you provide to us, such as symptomatic search, geographical location, and healthcare specialty. They may also be based on other criteria (including, for example, Healthcare Practitioners availability, past selections by and/or ratings of Healthcare Practitioners by you or by other Site users, and past experience of Site users with Healthcare Practitioners). BEINGSWASTH does not (a) recommend or endorse any Healthcare Practitioners, or (b) make any representations or warranties about the training or skill of any Healthcare Practitioners who deliver services via the Site or Service. You will be provided with available Healthcare Practitioners based solely on the information you submit to the Site. BEINGSWASTH does not receive any additional fees from Healthcare Practitioners for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below). We may show you advertisements or sponsored results (“Sponsored Results”) on the Site, including above the search results. BEINGSWASTH receives additional fees from Healthcare Practitioners for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by BEINGSWASTH of the Healthcare Practitioners. You are ultimately responsible for choosing your own particular Healthcare Practitioners.

The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by BEINGSWASTH. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by BEINGSWASTH, or in connection with any communications supported by BEINGSWASTH, is intended to be for general information purposes only, and is in no way intended to create a Healthcare Practitioners-patient relationship as defined by law. While BEINGSWASTH facilitates your selection of, and communications with, Healthcare Practitioners, BEINGSWASTH itself does not provide medical services, and the doctor/Healthcare Practitioners-patient relationship is between you and the Healthcare Practitioners you select.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL [EMERGENCY SERVICES] IMMEDIATELY.

BEINGSWASTH’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call [Emergency Services] immediately.

You should seek emergency help or follow up care when recommended by a Healthcare Practitioners or when otherwise needed. You should continue to consult with your primary Healthcare Practitioners and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare Practitioners concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Site and Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Healthcare Practitioners; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Prescriptions and Product Policy

BEINGSWASTH does not endorse any specific medication, pharmacy, product, supplies, equipment, or devices. If a Healthcare Practitioners prescribes a medication or product, he/she must limit supply based upon regulations and will only prescribe a medication or product as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Healthcare Practitioners reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Healthcare Practitioners will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

3. Availability of Services

BEINGSWASTH operates subject to regulations, where applicable, and the Services may not be available in your state, territory, and country. You represent that you are not a person barred from enrolling for or receiving the Services under the applicable jurisdictions in which you may be located. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

4. Requests for Products and Services

For Users of the BeingSwasth Site (beingswasth.in) :

Acceptance for BeingSwasth

Your request for a consult or Services does not necessarily ensure that we will accept your request for a consult or Services. We may require additional information regarding your request if you have not provided all the information required by us to be completed. Once a properly completed request and authorization of your form of payment is received, we will process your request and prepare for the delivery of the Products and Services to you. We do not accept requests from dealers, wholesalers, or other customers who intend to resell items offered on our Site.

Typographical Errors and Incorrect Pricing for BeingSwasth

In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any requests placed for the Products or Services listed at the incorrect price. We shall have the right to refuse or cancel any such requests whether or not the request has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

Online Payments for BeingSwasth

For BeingSwasth Healthcare Practitioners

The applicable fee and taxes will be charged to your credit card on the date your membership is created and every monthly billing period thereafter, on the day corresponding to the monthly commencement of your membership (the “Membership Anniversary Day”). If your Membership Anniversary Day, the date of expiry of your current billing period, does not exist in a particular month (because your Membership Anniversary Day is the 29th, 30th or the 31st of the month) then we will charge your credit card on the last day of that month. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

Payment processing services for our Site are provided by Razorpay and are subject to their Terms of Service. By agreeing to these Terms of Use or using our Product or Service, you agree to be also bound by it, as it may be modified by Razorpay from time to time. As a condition of BEINGSWASTH enabling payment processing services through Razorpay, you agree to provide BEINGSWASTH accurate and complete information about you and your business, and you authorize BEINGSWASTH to share it and transaction information related to your use of the payment processing services provided by Razorpay. If a credit card account is being used for a transaction, BEINGSWASTH or Razorpay may obtain preapproval for an amount up to the amount of the payment.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Your payment to BEINGSWASTH will automatically renew at the end of the subscription period, unless you cancel through your subscription page before the end of the current subscription period. You may cancel your membership at any time by filling out the cancellation form on your account page, or you may also email a request using the contact information below. Please have available and/or include the email associated with your account if you cancel by email. If you do not include such email, then you acknowledge and accept that your cancellation may be delayed or not accepted. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the standard non-subscription service. However, if you cancel your payment or Service and/or terminate any of these Terms of Use before the end of the current subscription period, we will not refund any subscription fees already paid to us.

If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account and follow instructions to cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the Site from your devices. Deleting your Account with us or deleting the Site from your devices does not cancel your subscription; BEINGSWASTH will retain all funds charged to your account until you cancel your subscription through your account page.

For BeingSwasth Patients

You agree to pay all fees or charges to your Healthcare Practitioners in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing BEINGSWASTH with your payment information, you agree that BEINGSWASTH is authorized to immediately charge your Account for all fees and charges due and payable to your Healthcare Practitioners and that no additional notice or consent is required.

BEINGSWASTH, on behalf of your Healthcare Practitioners, reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to this Agreement.

If you have a dispute concerning any payment transaction, please contact our Support department. If, at any time, you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. BEINGSWASTH will not be liable for any loss of files, data, or content as a result of a Chargeback. In order to resume use of the Services, you must re-subscribe for the Services and pay all applicable fees for the Service as well as any fees incurred by us or our payment processor as a result of the Chargeback.

5. Eligibility; Site Access, Security and Restrictions; Passwords

You agree to fully, accurately, and truthfully create your Account, including but not limited to your name, mailing address, phone number, email address, and password, which become your BEINGSWASTH ID and credentials. The BEINGSWASTH ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your BEINGSWASTH ID or credentials, and for all activities that occur under such BEINGSWASTH ID or credentials. You agree to prohibit anyone else from using your BEINGSWASTH ID or credentials and agree to immediately notify BEINGSWASTH of any actual or suspected unauthorized use of your BEINGSWASTH ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by BEINGSWASTH at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. BEINGSWASTH will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

6. Electronic Communications

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us or your Healthcare Practitioners electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. BEINGSWASTH or your Healthcare Practitioners may contact you by telephone, mail, or email to verify your account information. BEINGSWASTH or your Healthcare Practitioners may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

7. Consent to Receive Calls and Text Messages and Video Recording

By providing your mobile number you are agreeing to be contacted by or on behalf of BEINGSWASTH or your Healthcare Practitioners at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, reminders, etc.) communications relating to the Site and Services. Message and data rates may apply. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

Your Healthcare Practitioners may record and preserve (text, audio, and video) all or part of your interaction with him or her (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Products and Services, and to help BEINGSWASTH improve the Site. BEINGSWASTH will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

8. Ownership of The Site and Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of BEINGSWASTH, or its licensors or suppliers, as applicable. The Site is protected by local and international copyright and trademark laws.

All rights not expressly granted to you in these Terms of Use are reserved and retained by BEINGSWASTH or its licensors, suppliers, publishers, rights holders, or other content Healthcare Practitioners. Subject to these Terms of Use and the payment of all applicable fees, BEINGSWASTH grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BEINGSWASTH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BEINGSWASTH without express written consent. You may not use any meta tags or any other “hidden text” utilizing BEINGSWASTH’s name or trademarks without the express written consent of BEINGSWASTH. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by BEINGSWASTH. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content, or other proprietary information (including; images, text, page layout, or form) of BEINGSWASTH without our express written consent.

9. Special Rules for User Under 18 Years Old

If you are under the age of eighteen (18) and wish to create an account with BEINGSWASTH (“Account”), your parent or legal guardian must create the Account, submit your personal information, and agree to these Terms of Use on your behalf. If you are under the age of 13, you may only use our Services or access our Site with the supervision and consent of your parents or legal guardians, including the Healthcare Practitioners consultation services. If we learn that we have collected personal information from someone under the age of 13 that was not provided with the supervision and consent of the minor’s parents or legal guardian, we will promptly delete that information. If you believe we have impermissibly collected personal information from someone under the age of 13, please contact us using the information below.

10. Accuracy of Information; Functionality

Although BEINGSWASTH attempts to ensure the integrity and accurateness of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, the Services, Product descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform BEINGSWASTH so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, BEINGSWASTH shall have no responsibility or liability for information or content posted to the Site from any non-BEINGSWASTH affiliated third party, including Healthcare Practitioners.

BEINGSWASTH reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.

11. Links to Other Sites

BEINGSWASTH makes no representations whatsoever about any other website that you may access through this Site. When you access a non-BEINGSWASTH site, or link to a Healthcare Practitioners site, you acknowledge and agree it is independent from BEINGSWASTH, and that BEINGSWASTH has no control over the content on that website. In addition, a link to a non-BEINGSWASTH website does not mean that BEINGSWASTH endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

12. User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to BEINGSWASTH that you have the legal right and authorization to provide all User Information to BEINGSWASTH for use as set forth herein and required by BEINGSWASTH and the Healthcare Practitioners.

BEINGSWASTH, or your Healthcare Practitioners may de-identify your information such that it is no longer considered protected health information or personally identifiable information. BEINGSWASTH, or your Healthcare Practitioners may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to BEINGSWASTH. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect Protected Health Information about any other individual who uses the Site or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

You agree to defend, indemnify, and hold harmless BEINGSWASTH, , and your Healthcare Practitioners from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.

13. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

BEINGSWASTH respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to BEINGSWASTH’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Copyright Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this Copyright Notice, with all items completed, to our Copyright Agent:

BeingSwasth Legal Department

Email: [email protected]

14. Intellectual Property

With the exception of your electronic medical record, BEINGSWASTH retains all right, title, and interest in and to the Site, the Services, and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by BEINGSWASTH (in that case, the license Healthcare Practitioners retains all right, title, and interest therein). The information available through the Site and the Services is the property of BEINGSWASTH, or the Healthcare Practitioners, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of BEINGSWASTH trademarks, service marks, and logos are strictly prohibited without the prior written permission of BEINGSWASTH. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by BEINGSWASTH or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

BEINGSWASTH may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

15. Disclaimer of Warranties

BEINGSWASTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. BEINGSWASTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. BEINGSWASTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY BEINGSWASTH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY BEINGSWASTH OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. BEINGSWASTH DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. HEALTHCARE PRACTITIONERS DO NOT PRESCRIBE CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. BEINGSWASTH DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO ANY MEDICATIONS.

16. Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

BEINGSWASTH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE HEALTHCARE PRACTITIONERS. BEINGSWASTH AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF BEINGSWASTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

17. No Third-Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies to any persons other than you, BEINGSWASTH and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, BEINGSWASTH and its affiliates, nor shall any provision give any third parties any right of subrogation or action against you, BEINGSWASTH and its affiliates.

18. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without BEINGSWASTH’s prior written consent. BEINGSWASTH may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

19. Supplemental Terms Applicable to Healthcare Practitioners

General

These supplemental terms apply to Healthcare Practitioners in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare Practitioners using the Site (“Healthcare Practitioners” or “you”) you must be a certified physician or other healthcare professional and duly licensed/registered under applicable local and international law, as required, and must agree to comply with all laws, professional licensing board rules and other rules and regulations applicable to you as a Healthcare Practitioners or otherwise. You represent and warrant that, at all times while using the Site, you have medical malpractice insurance coverage satisfying the requirements of all jurisdictions in which you are licensed or registered. Your relationship with the BEINGSWASTH users (including your patients) is directly between you and the patient. The patient will never have a physician-patient or Healthcare Practitioners-patient relationship with BEINGSWASTH. BEINGSWASTH does not practice medicine and offers no medical or healthcare services. As set forth more fully below, Healthcare Practitioners are solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Healthcare Practitioners are solely responsible for all billings and collections from patients and other consumers, and BEINGSWASTH shall have no liability whatsoever to Healthcare Practitioners with respect to any amounts owed by any patient or other consumer to Healthcare Practitioners.

BEINGSWASTH does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical or healthcare issues associated with Healthcare Practitioners, or goods or services or Products offered by Healthcare Practitioners, including but not limited to any compliance obligations or steps necessary to comply with any laws and regulations. Healthcare Practitioners should seek legal counsel regarding any legal and compliance issues, and must not rely on any materials or content associated with the Services in determining Healthcare Practitioner’s compliance obligations under law. Healthcare Practitioners and BEINGSWASTH agree that BEINGSWASTH is not providing, to the Site users or anyone else, medical advice or legal advice.

Healthcare Practitioners will use the Site and Services only in accordance with applicable standards of good medical or healthcare practice. While software products such as the Site and Services can facilitate and improve the quality of service that Healthcare Practitioners can offer patients, many factors, including the Healthcare Practitioners-patient relationship, can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Healthcare Practitioners shall be solely responsible for its use of the Site and Services, and the provision of medical or healthcare services to Healthcare Practitioner’s patients. In this regard, Healthcare Practitioners releases BEINGSWASTH and waives any and all potential claims against BEINGSWASTH as a result of Healthcare Practitioner’s use of the Site and Services, and the provision of services to Healthcare Practitioner’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Healthcare Practitioners agrees to defend, indemnify and hold BEINGSWASTH harmless from any claim by or on behalf of any patient of Healthcare Practitioners, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against BEINGSWASTH, regardless of the cause if such claim arises for any reason whatsoever, out of Healthcare Practitioner’s use or operation of the Site and Services. Healthcare Practitioners will obtain BEINGSWASTH’s prior written consent to any settlement or judgment in which Healthcare Practitioners agrees to any finding of fault of BEINGSWASTH or defect in the Site or Services. BEINGSWASTH will promptly notify Healthcare Practitioners in writing of any claim subject to this indemnification, promptly provide Healthcare Practitioners with the information reasonably required for the defense of the same, and grant to Healthcare Practitioners exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Healthcare Practitioners Content”) or provide any Healthcare Practitioners Content to patients or other consumers, you agree not to provide any Healthcare Practitioners Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Healthcare Practitioners is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to BEINGSWASTH that you have the legal right and authorization to upload all Healthcare Practitioners Content at the Site. BEINGSWASTH shall have a royalty-free, irrevocable, transferable right and license to use the Healthcare Practitioners Content however BEINGSWASTH desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Healthcare Practitioners Content or incorporate such Healthcare Practitioners Content into any form, medium, or technology throughout the world. BEINGSWASTH is and shall be under no obligation (1) to maintain any Healthcare Practitioners Content in confidence; (2) to pay to you any compensation for any Healthcare Practitioners Content; or (3) to respond to any Healthcare Practitioners Content.

BEINGSWASTH does not regularly review Healthcare Practitioners Content but does reserve the right (but not the obligation) to monitor and edit or remove any Healthcare Practitioners Content submitted to the Site. You grant BEINGSWASTH the right to use the name that you submit in connection with any Healthcare Practitioners Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Healthcare Practitioners Content. You are and shall remain solely responsible for the content of any Healthcare Practitioners Content you post to the Site or provide to patients or other consumers. BEINGSWASTH and its affiliates take no responsibility and assume no liability for any Healthcare Practitioners Content submitted by you or any third party.

20. Dispute Resolution; Arbitration Agreement

We will try work in good faith to resolve any issue you have with Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and BEINGSWASTH agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the Courts. You agree that, by agreeing to these Terms of Use, you and BEINGSWASTH are each waiving the right to a trial in courts or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and BEINGSWASTH.

If you desire to assert a claim against BEINGSWASTH, and you therefore elect to seek arbitration, you must first send to BEINGSWASTH, by certified mail, a written notice of your claim (“Notice”). The Notice to BEINGSWASTH should be addressed to:

Email: [email protected]

If BEINGSWASTH desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by BEINGSWASTH, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If BEINGSWASTH and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or BEINGSWASTH may commence an arbitration proceeding or file a claim in court. During the arbitration, the amount of any settlement offer made by BEINGSWASTH or you shall not be disclosed to the arbitrator. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND BEINGSWASTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BEINGSWASTH agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Austin, Texas.

21. Force Majeure

BEINGSWASTH will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

22. Indemnification

You agree to defend, indemnify, and hold harmless BEINGSWASTH and any affiliates from and against any and all third-party rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to BEINGSWASTH or any Healthcare Practitioners or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products or Services or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

23. Application Support; Functionality

All questions and requests relating to Site support must be directed to BEINGSWASTH. To submit a support request, please email us at:

Email: [email protected]

You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services or the Site. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

24. Modified Devices and Operating Systems

BEINGSWASTH will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.

25. No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site. BEINGSWASTH, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE (I) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00)USD; AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

26. Revisions; General

BEINGSWASTH reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. BEINGSWASTH reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between BEINGSWASTH and you pertaining to the subject matter hereof. In its sole discretion, BEINGSWASTH may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Copyright/Trademark Information. Copyright ©2021 BeingSwasth, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

27. How to Contact Us

By Email:

[email protected]

Address :

61/GH 12, Paschim Vihar New Delhi 110087

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BEINGSWASTH TERMS OF USE

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