Elderly — Terms and Conditions

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

Below terms are applicable only to Users other than Practitioners/Health-care providers.

3.1. END-USER ACCOUNT AND DATA PRIVACY

• 3.1.1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
• 3.1.2. Elderly may by its Services, collect information relating to the devices through which you access the Elderly, and anonymous data of your usage. The collected information will be used only for improving the quality of Elderly’s services and to build new services.
• 3.1.3. The Elderly allows access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.
• 3.1.4. The Privacy Policy sets out, inter-alia:
  • 3.1.4.1. The type of information collected from Users, including sensitive personal data or information;
  • 3.1.4.2. The purpose, means and modes of usage of such information;
  • 3.1.4.3. How and to whom Elderly will disclose such information; and,
  • 3.1.4.4. Other information mandated by the SPI Rules.
• 3.1.5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
  • 3.1.5.1. the fact that certain information is being collected;
  • 3.1.5.2. the purpose for which the information is being collected;
  • 3.1.5.3. the intended recipients of the information;
  • 3.1.5.4. the nature of collection and retention of the information; and
  • 3.1.5.5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
  • 3.1.5.6. the various rights available to such Users in respect of such information.
• 3.1.6. Elderly shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Elderly or to any other person acting on behalf of Elderly.
• 3.1.7. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Elderly. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Elderly of any actual or suspected unauthorized use of the User’s account or password. Although Elderly will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Elderly or such other parties as the case may be, due to any unauthorized use of your account.
• 3.1.8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Elderly has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Elderly has the right to discontinue the Services to the User at its sole discretion.
• 3.1.9. Elderly may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

4. RELEVANCE ALGORITHM

Elderly’s relevance algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Elderly. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Elderly. Elderly will not be liable for any change in the relevance of the Practitioners on search results, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Elderly in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Elderly.

4.1. LISTING CONTENT AND DISSEMINATING INFORMATION

• 4.1.1. Elderly collects, directly or indirectly, and displays on the Elderly, relevant information regarding the profile and practice of the Practitioners listed on the Elderly, such as their specialization, qualification, fees, location, visiting hours, and similar details. Elderly takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Elderly screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
• 4.1.2. The Services provided by Elderly or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Elderly does not provide or make any representation, warranty or guarantee, express or implied about the Elderly or the Services. Elderly does not guarantee the accuracy or completeness of any content or information provided by Users on the Elderly. To the fullest extent permitted by law, Elderly disclaims all liability arising out of the User’s use or reliance upon the Elderly, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Elderly, or any opinion or suggestion given or expressed by Elderly or any User in relation to any User or services provided by such User.
• 4.1.3. The Elderly may be linked to the website of third parties, affiliates and business partners. Elderly has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Elderly. Inclusion of any link on the Elderly does not imply that Elderly endorses the linked site. User may use the links and these services at User’s own risk.
• 4.1.4. Elderly assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Elderly or the downloading of any material, data, text, images, video content, or audio content from the Elderly. If a User is dissatisfied with the Elderly, User’s sole remedy is to discontinue using the Elderly.
• 4.1.5. If Elderly determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Elderly reserves the right to immediately suspend your access to the Elderly or any of your accounts with Elderly and makes such declaration on the Elderly alongside your name/your clinic’s name as determined by Elderly for the protection of its business and in the interests of Users. You shall be liable to indemnify Elderly for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Elderly or its Users.

4.2. BOOK APPOINTMENT AND CALL FACILITY

Elderly enables Users to connect with Practitioners through two methods:

• Book facility that allows Users book an appointment through the Elderly;
• Value added Video call services which connect Users directly to the Practitioner’s provided on the Elderly.

• 4.2.1. Elderly will ensure Users are provided confirmed appointment on the Book facility. However, Elderly has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. Provided, it does not fall under the heads listed under the Elderly Guarantee Program, in which case the terms of this program shall apply.
• 4.2.2. If a User has utilized the Video call services, Elderly reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
• 4.2.3. The results of any search Users perform on the Elderly for Practitioners should not be construed as an endorsement by Elderly of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.
• 4.2.4. Without prejudice to the generality of the above, Elderly is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Elderly will not be liable for:
  • 4.2.4.1. User interactions and associated issues User has with the Practitioner;
  • 4.2.4.2. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
  • 4.2.4.3. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
  • 4.2.4.4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
  • 4.2.4.5. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;
  • 4.2.4.6. Cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged, provided these have been addressed to under, Elderly Guarantee Program.
• 4.2.5. Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Elderly shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Elderly.
• 4.2.6. In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Booking Address:
  • 4.2.6.1. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Elderly using the Book Appointment facility, has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Elderly of the incident or marks a particular appointment as P.N.S. using the Elderly App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 4.2.6.2, for not showing up.
  • 4.2.6.2. Following instances, solely at the discretion of Elderly, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a):
    • 4.2.6.2.1. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS Communication;
    • 4.2.6.2.2. In case User responds to the PNS Communication with below reasons:
      • 4.2.6.2.2.1. Forgot the appointment
      • 4.2.6.2.2.2. Chose to visit another Practitioner/consulted online;
      • 4.2.6.2.2.3. Busy with other work; or such other reasons (which Elderly at its discretion decides to be a valid reason to not show up).
    • 4.2.6.2.3. Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Elderly, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
  • 4.2.6.3. Elderly reserves the right to make the final decision in case of a conflict. The total aggregate liability of Elderly with respect to any claims made herein shall be INR 200.
• 4.2.7. Cancellation and Refund Policy
  • 4.2.7.1. In the event that, the Practitioner with whom User has booked a paid appointment via the Elderly, has not been able to meet the User, User will need to write to us at info@theelderlywellness.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Elderly will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 4.2.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.
  • 4.2.7.2. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

4.3. NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

• 4.3.1. Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Elderly (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Elderly and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner/caretaker.
• 4.3.2. It is hereby expressly clarified that, the Information that you obtain or receive from Elderly, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Elderly is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Elderly. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
• 4.3.3. The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly.

4.4. ELDERLY HEALTH FEED

These terms & conditions governing Elderly Health feed are applicable to Users (being both end-users/ Practitioner). However, it is clarified that the terms and conditions herein applicable only to Practitioners and applicable to Users are called out separately, as the context warrants.

• 4.4.1. Elderly Health feed is an online content platform available on the Elderly, wherein Practitioners who have created an Elderly profile can login and post health and wellness related content.
• 4.4.2. Practitioners can use Elderly Health feed by logging in from their Elderly account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Elderly’s servers. Elderly will make available to the User a gallery of images licensed by Elderly from a third-party stock image provider (“Elderly Gallery”). The User can upload their own images or choose an image from the Elderly Gallery. Elderly does not provide any warranty as to the ownership of the intellectual property in the Elderly Gallery and the User acknowledges that the User will use the images from the Elderly Gallery at their own risk. Elderly shall post such Content to Elderly Health feed at its own option and subject to these Terms and Conditions. The Content uploaded via Elderly Health feed does not constitute medical advice and may not be construed as such by any person.
• 4.4.3. Practitioners acknowledge that they are the original authors and creators of any Content uploaded by them via Elderly Health feed and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Elderly reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person, including but not limited to patent, trademark, copyright or other proprietary rights. Practitioner agrees to absolve Elderly from and indemnify Elderly against all claims that may arise as a result of any third-party intellectual property right claim that may arise from the Practitioner’s uploading of any Content on the Elderly Health feed. The Practitioner may not use the images in the Elderly Gallery for any purpose other than those directly related to the creation and uploading of Content to Elderly Health feed. The Practitioner also agrees to absolve Elderly from and indemnify Elderly against all claims that may arise as a result of any third-party intellectual property claim if the Practitioner downloads, copies or otherwise utilizes an image from the Elderly Gallery for his/her personal or commercial gain.
• 4.4.4. Practitioner hereby assigns to Elderly, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Elderly Health feed.
• 4.4.5. Elderly shall have the right to edit or remove the Content and any comments in such manner as it may deem Elderly Health feed at any time.
• 4.4.6. Practitioner shall ensure that the Content or any further responses to the Content (including responses to Users) is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic or libelous in any manner. Further, Practitioner should ensure that the Content is not invasive of any other person’s privacy, or otherwise contains any elements that are hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Elderly reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time. Also, the Practitioner agrees to absolve Elderly from and indemnify Elderly against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the Practitioner on Elderly Health Feed.
• 4.4.7. Practitioner shall ensure that no portion of the Content is violative of any law for the time being in force.
• 4.4.8. Practitioner shall ensure that the Content is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further, the Practitioner shall ensure that the Content will not cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation.
• 4.4.9. User may also use Elderly Health feed in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed (“User Comment”).
• 4.4.10. User acknowledges that the User Comment reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Elderly.
• 4.4.11. User agrees that the Content they access on Elderly Health feed does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content is solely attributable to the User. The User agrees to absolve Elderly from and indemnify Elderly against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Elderly Health feed.
• 4.4.12. User acknowledges that all intellectual property rights in the User Comment on Elderly Health feed vests with Elderly. The User agrees not to infringe upon Elderly’s intellectual property by copying or plagiarizing content on Elderly Health feed. Elderly reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. Also, User Comment will be the sole intellectual property of Elderly. The User agrees not to post User Comment that would violate the intellectual property of any third party, including but not limited to patent, trademark, copyright or other proprietary rights. Elderly reserves the right to remove any User Comment which it may determine at its own discretion as violating the intellectual property rights of any third party. The User agrees to absolve Elderly from and indemnify Elderly against all claims that may arise as a result of any third-party intellectual property right claim that may arise from the User Comment.
• 4.4.13. User shall ensure that the User Comment is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic or libelous in any manner. Further, User should ensure that the User Comment is not invasive of any other person’s privacy, or otherwise contains any elements that is hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever. Elderly reserves the right to remove any Content which it may determine at its own discretion is violative of these Terms and Conditions or any law or statute in force at the time Also, the User agrees to absolve Elderly from and indemnify Elderly against all claims that may arise as a result of any legal claim arising from the nature of the User Comment.
• 4.4.14. User shall ensure that the User Comment is not threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order. Further, the Practitioner shall ensure that the User Comment will not cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting to any other nation.

4.5. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

• 4.5.1. The contents listed on the Elderly are:
  • User-generated content, or
  • Belong to Elderly.
  The information collected by Elderly directly or indirectly from the End-Users and the Practitioners shall belong to Elderly. Copying of the copyrighted content published by Elderly for any commercial purpose or for the purpose of earning profit will be a violation of copyright, and Elderly reserves its rights under applicable law accordingly.
• 4.5.2. Elderly authorizes the User to view and access the content available on or from the Elderly solely for ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Elderly, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of content on the Elderly (collectively, "Elderly Content"), are the property of Elderly and are protected under copyright, trademark, and other laws. User shall not modify the Elderly Content or reproduce, display, publicly perform, distribute, or otherwise use the Elderly Content in any way for any public or commercial purpose or for personal gain.
• 4.5.3. User shall not access the Services for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes.

5. PATIENT STORIES

By using this Elderly, you agree that any information shared by you with Elderly or with any Practitioner will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Elderly, including any patient stories or recommendations (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Elderly in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Elderly disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Elderly shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

Your publication of patient stories on the Elderly is governed by Clause 11 of these Terms. Without prejudice to the detailed terms stated in Clause 11, you hereby agree not to post or publish any content on the Elderly that:

• infringes any third-party intellectual property or publicity or privacy rights, or
• violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules.

Elderly, at its sole discretion, may choose not to publish your patient stories if so required by applicable law, and in accordance with Clause 11 of these Terms. You agree that Elderly may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

• 5.1. Obtaining feedback in relation to Elderly or Elderly’s services; and/or
• 5.2. Obtaining feedback in relation to any Practitioners listed on the Elderly; and/or
• 5.3. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

6. RECORDS

Elderly may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Elderly’. Information available in your Records is of two types:

• 6.1. User-created: Information uploaded by you or information generated during your interaction with Elderly ecosystem, e.g.: appointment, medicine order placed by you.
• 6.2. Practice-created: Health Records generated by your interaction with a Practitioner who uses ‘Elderly Service Provider’ or other Services of Elderly software.

  The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

  • Your Records is only created after you have signed up and explicitly accepted these Terms.
  • Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Elderly does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.
  • The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Elderly is not liable for any interruption that may be caused to your access of the Services.
  • The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Elderly, you should refer to your prescription before taking any medicines. Elderly is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Elderly app.
  • It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Elderly is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Elderly.
  • Elderly uses industry–level security and encryption to your Health Records. However, Elderly does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Elderly of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to info@theelderlywellness.com
  • If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Elderly assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Elderly and its officers against any such claim or liability arising out of unauthorized use of such information.
  • In case you want to delete your Records, you can do so by contacting our service support team. However, only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.
  • You may lose your “User created” record, if the data is not synced with the server.
  • If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.
  • Elderly is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.
  • The Health Records are shared with the phone numbers that are provided by your Practitioner. Elderly is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.
  • Elderly is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.
  • Elderly has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.
  • Elderly will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
  • You agree and acknowledge that Elderly may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
  • You acknowledge that the Practitioners you are visiting may engage Elderly's software or third-party software for the purposes of the functioning of the Practitioner’s business and Elderly's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws.
  • To the extent that your Records have been shared with Elderly or stored on any of the Elderly products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Elderly pertaining to such previously visited clinics and hospitals who have tie ups with Elderly for the purposes of their business and for Elderly's services including but not limited to the usage and for storage of Records in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Elderly, to the mapping of such Records as may be available in Elderly’s database to your User account.

7. ELDERLY MEDICINE INFORMATION

Elderly Information System on medicines and other medicinal products

This feature is an information source on medicines and/or medicinal products and concentrates on providing information (critical or otherwise) required for understanding such information including but not limited to the:

• components or elements used in the manufacturing of such medicines and/or medicinal products,
• the side effects that may be caused or arise owing to the use of the medicines and/or medicinal products,
• the alternative medicines/medicinal products that may be used for certain type or category of medicines/medicinal products
• symptoms and associated medicines/medicinal products generally administered in such cases.

For Users:

You understand that any information provided under this feature is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. You are hereby notified that the medicines and/or medicinal products related information differs from country to country and varies from region to region and hence the information/content published herein is India specific and neither Elderly nor the content owner is responsible for the applicability of the content outside India. Elderly provides information here on an ‘as is’, basis and not with an intention to replace consultation with a qualified medical practitioner.

Elderly has used commercially reasonable efforts to source the information from reliable databases, however, you understand that the information contained in this feature is brought to you from open source platforms and third party sites/research reports. Elderly shall not be responsible or in any manner be liable for the accuracy of the information or for any errors, omissions or inaccuracies contained herein irrespective of the reason for the cause of such occurrence, or for any consequences arising therefrom. The inclusion or exclusion of any medicines and/or medicinal products does not mean that Elderly advocates or rejects the use of a particular medicine and/or medicinal product listed herein.

You understand that the information on medicines and/or medicinal products contained herein does not constitute an offer or invitation or advise to use the same. The information on medicines and/or medicinal products provided hereunder should not be relied upon in connection with any decision to self-medicate. It is suggestible that you always consult a medical practitioner at all times prior to relying upon any information set out herein.

For Practitioners:

Practitioners agree and acknowledge that Elderly does not make any representation or warranty and does not guarantee the accuracy and/or legitimacy of any information or content provided vide the feature mentioned herein.

The feature herein acts as an information source only and not as a database of medical prescription, and thus, does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality and/ or the applicability thereof. The Practitioners understand that any information provided under this feature is therefore not intended to serve as a substitute for clinical judgement and agrees to use his/her discretion while relying upon the same for treatment related advice, decisions or otherwise.

Elderly does not represent or warrant that the information provided herein will meet with the requirements or expectations of the Practitioner and that any content, material or results that may be obtained from use of information provided under the said feature will be accurate, timely, complete, reliable, genuine and that any errors with regard to the same will be correct at all times.

Disclaimer:

The content/information provided herein, regarding medicine and/or medicinal products including but not limited to dietary supplements etc., have not been evaluated or approved by the Drug Controller of India or any other statutory body.

THE INFORMATION PROVIDED UNDER THIS FEATURE IS BROUGHT TO THE VIEWERS ON AN, "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ELDERLY EXPRESSLY DISCLAIMS ALL WARRANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED HEREIN. ELDERLY ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING HEREUNDER, BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, TO THE INFORMATION CONTAINED HEREIN.

Limitation of Liability

In no event, shall Elderly be liable to you for any lost or corrupted data, downtime, lost profits, business interruption, replacement service or other special, incidental, consequential, punitive or indirect damages, however caused and regardless of theory of liability, including without limitation negligence and in no event shall the total aggregate liability of Elderly, for all claims arising out of or under these terms and conditions, exceed INR 1000 (Indian Rupees One Thousand only).

Change or modification: Any reference to any medicines and/or medicinal products thereof, is subject to change/modification depending upon the applicable laws/technical/medical updates. These, changes or improvements to such medicines and/or medicinal products may be made at any time without notice.

Hold harmless:

The use of the feature herein and the content is at the viewer’s sole risk and consequence. Elderly shall not be responsible for the results of viewer’s decisions resulting from the use of this feature.

The viewers/Users/Practitioners hereby release and agree to hold harmless Elderly, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the viewers/Users/Practitioners arising due to the negligence or misconduct of viewers/Users/Practitioners or due to the access of or decisions taken on the information provided herein.

Third Party Links:

Elderly may provide links to third party websites or external websites/internal servers or resources including advertisements by others. Elderly has no control over such sites and the information provided in them. Elderly does not recommend and does not endorse the content on/of any third party websites including that of advertisers. Elderly is not responsible or liable for the content of these external sites nor does it endorse, warrant or guarantee the accuracy, genuineness, reliability offered or advertised on the products, services or information provided by such third party websites.

Payment:

The prices mentioned with respect to the medicines/drugs are for indicative purposes.

8. Elderly Q&A;

• 8.1. Terms for Practitioners:
  • 8.1.1. Every Practitioner on the Q&A; Platform must be qualified in the area of expertise that he represents as being his qualification.
  • 8.1.2. The Q&A; Platform is a platform for exchange of information which is of general nature in a question-and-answer format. The Q&A; Platform is not for emergency situations.
  • 8.1.3. Any Q&A; interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
  • 8.1.4. Elderly Users may post questions on medical issues (“Querist”), and these queries can be answered by multiple Practitioners on the Q&A; Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Q&A.;
  • 8.1.5. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
  • 8.1.6. Practitioner shall not share their personal, religious and/or moral views with the Querist while issuing their response.
  • 8.1.7. The Practitioner cannot issue and/or prescribe any medicines on the Q&A; platform. It is a platform for only exchange of information and not a consultation/ medical advice.
  • 8.1.8. The Practitioner is absolutely and expressly prohibited to:
    • Provide a medical diagnosis;
    • Issue a prescription;
    • Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
    • Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
    • Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;
    • Promote content and activities which are illegal in nature;
  • 8.1.9. In the event of any breach of these QA T&C;, Elderly will take appropriate action inter alia ranging from issuing warnings to removal of Practitioner from the Q&A; Platform, in its sole and absolute discretion, on a case-to-case basis.
  • 8.1.10. Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner. Q&A; Platform is only a platform interface provided by Elderly for sharing and exchanging information purposes.
  • 8.1.11. The Q&A; Platform shall be audited on a regular basis by Elderly for ascertaining compliance by the Practitioner to Paragraph 6, and the Practitioners consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Practitioner.
  • 8.1.12. All general Elderly Terms and Conditions shall govern the QA T&C; to the extent applicable. Decision of Elderly is final and binding on the issues arising under the QA T&C; and Elderly Terms and Conditions.
• 8.2. Terms for User/Querist:
  • 8.2.1. The personally identifiable information of the querist shall be anonymized by Elderly prior to posting the question on the Q&A; Platform;
  • 8.2.2. Q&A; Platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A; Platform.
  • 8.2.3. User shall not use the Q&A; Platform for emergency situations.
  • 8.2.4. The User is prohibited to post any query/issue on the Q&A; Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
  • 8.2.5. Any response provided by the Practitioner shall not be construed as medical advice on the Q&A; Platform. Q&A; Platform is a platform for exchange of information which is of general nature in a question-and-answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
  • 8.2.6. It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Q&A.; The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.
  • 8.2.7. All general Elderly Terms and Conditions shall govern the QA T&C; to the extent applicable. Decision of Elderly is final and binding on the issues arising under the QA T&C; and Elderly Terms and Conditions.

9. ELDERLY DIAGNOSTICS

Qikwell Technologies India Private Limited (“QTIPL” or “we”) is the service provider of services mentioned below. QTIPL under the brand name ‘Practo’ operates the said services through https://www.practo.com and the mobile application ‘Practo’ (together, “Website”).

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.practo.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and QTIPL in relation to the Services (as defined below).

QTIPL is inter alia engaged in providing healthcare services, in the form of pathology/diagnostics services. We cater to the needs of patients/Users/Sample Provider where they need to get various tests done. These could be for the purpose of conducting regular tests or the specific test that the hospitals/clinics/medical practitioners recommend. Our phlebotomists/logistics partners will come to your doorstep to procure the samples and reports shall be provided by us online.

Information Collection

• Your Name

• Your date of birth

• Your prescription (if applicable)

• Your test details

• Your gender

• Name of the doctor who prescribed the tests (if applicable)

• Your email id

• Your address

• Your phone number

• Your financial information and such other details as may be required from time to time.

Other Terms

• You agree to provide the details sought above, for the purposes mentioned herein. We will have access not just to your details but to your reports and health records as well.

• You understand and agree that your personal information, health records, shall reside with us and may be used for R&D; purposes or shared with third parties, to bring better user experience, by sometimes prompting you to take tests regularly if there is a lifestyle disease / such other concern highlighted at the time of booking or otherwise.

• You understand that QTIPL undertakes risk assessment, but this is provided to the best of our knowledge. They are based on reports based on tests undertaken at labs and scientific studies available in public domains (some of which are listed below). This is not meant to be professional advice and you should always consult a physician before making any medical decisions.

• You understand that we may sometimes reach out to you or record all your calls with us and/or placed through us to laboratories and/or logistics partner, for investigative purposes.

• The Sample Provider shall provide the valid prescription, if required and applicable, issued by a doctor which contains the tests that are to be conducted, for which the phlebotomist is required to collect the samples from the Sample Provider.

• The Sample Providers may be required to provide a valid proof of identification to the phlebotomist.

• The Sample Provider explicitly provides consent to the phlebotomists /QTIPL for collection of the requisite samples from the Sample Provider.

• The services provided by QTIPL are for the purpose of enabling diagnostic discovery of patient’s condition for which the relevant test/ procedure is prescribed/ recommended, and for no other purpose.

• QTIPL shall use the Website to enable booking of appointments for pathology services including but not limited to home collection of samples by phlebotomist, delivery of reports and such related services.

• The process of home collection shall be conducted by the phlebotomists as per QTIPL standard operating procedures and policies. However, in the event any Sample Provider has a special request, the same may be communicated to QTIPL at the time of booking the appointment so that QTIPL and phlebotomists are enabled appropriately to handle the said request.

• The invoice will be provided to the Sample Provider online by QTIPL either before or after the home collection service. Payment towards the said invoice may be made either by electronic mode or cash on delivery (i.e., at the time of collection of samples).

Diagnostic Test Booking with Discount Coupon Codes

Discount coupon codes and the associated terms/ discounts may vary from scheme to scheme.

Refund Policy/Cancellation

• In case there is a no show from the Phlebotomist / laboratories and/or logistics partner, at your home, then we would indicate the same beforehand, should we fail to do so, you could contact us at: support@practo.com

• If there are instances where you have made payments online and the Phlebotomist / laboratories and/or logistics partner, are unable to book appointment/collect samples from you, we would refund your money completely within ten (10) working days.

• If there is a no show from you either at your home for collection of samples or at the laboratories, then we would not reimburse the amount paid to us unless upon further investigation by QTIPL there is a genuine reason for such no show, in which case QTIPL may at its discretion decide to reimburse such amount.

Reach out to us

• Should you intend to request stopping of notifications, you can do so, by sending mail request to support@practo.com.

• Should you have any recommendations or such other requests, you could reach out to us at support@practo.com.

10. TERMS OF USE PRACTITIONERS

The terms in this Clause 10 are applicable only to Practitioners.

• 10.1. LISTING POLICY

  • 10.1.1. Elderly, directly and indirectly, collects information regarding the Practitioners’ profiles, contact details, and practice. Elderly reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Elderly in connection with you and your profile is found to be incorrect, you are required to inform Elderly immediately to enable Elderly to make the necessary amendments.
  • 10.1.2. Elderly shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines.
  • 10.1.3. Elderly shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Elderly, where the User has expressly or implicitly consented to the making of disclosures or publications by Elderly. If the User had revoked such consent under the terms of the Privacy Policy, then Elderly shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Elderly prior to its actual receipt of such revocation.
  • 10.1.4. Elderly reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Elderly. However, Elderly shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the Elderly.
  • 10.1.5. Practitioners explicitly agree that Elderly reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.
  • 10.1.6. When you are listed on Elderly.com, End-Users may see a ‘Video Call’ option. When End-Users choose this option, they choose to call you through a free video call service provided by Elderly, and the records of such calls are recorded and stored in Elderly’s servers.
  • 10.1.7. You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Elderly accepts no liability for the same.

• 10.2. PROFILE OWNERSHIP AND EDITING RIGHTS
  • Elderly ensures easy access to the Practitioners by providing a tool to update your profile information. Elderly reserves the right of ownership of all the Practitioner’s profile and photographs and to moderate the changes or updates requested by Practitioners. However, Elderly takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Elderly’s services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Elderly may modify or delete parts of your profile information at its sole discretion with or without notice to you.
• 10.3. PATIENT STORIES DISPLAY RIGHTS OF ELDERLY
  • 10.3.1. All Critical Content is content created by the Users of www.theelderlywellness.com (“Website”) and the clients of Elderly customers and Practitioners, including the End-Users. As a platform, Elderly does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Elderly and other legal rights and obligations relating to the Critical Content are further detailed in Clauses in these Terms.
  • 10.3.2. Elderly reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Elderly.
  • 10.3.3. Elderly shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
  • 10.3.4. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Elderly shall not be liable for any effect on Practitioner’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Elderly however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 5 and 12 of these Terms.
  • 10.3.5. Elderly will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.
  • 10.3.6. If Elderly determines that you have provided inaccurate information or enabled fraudulent feedback, Elderly reserves the right to immediately suspend any of your accounts with Elderly and makes such declaration on the website alongside your name/your clinics name as determined by Elderly for the protection of its business and in the interests of Users.
• 10.4. RELEVANCE ALGORITHM
  • Elderly has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Practitioners. Elderly shall not be liable for any effect on the Practitioner’s business interests due to the change in the Relevance Algorithm.
• 10.5. INDEPENDENT SERVICES
  • Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Elderly.
• 10.6. ELDERLY REACH RIGHTS
  • Elderly reserves the rights to display sponsored ads on the Elderly. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Elderly will not be liable for the accuracy of information or the claims made in the Sponsored ads. Elderly does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Elderly will not be liable for the services of the providers of the Sponsored ads.
  • You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Elderly accepts no liability for the same.
• 10.7. BOOK APPOINTMENT AND CALL FACILITY
  • 10.7.1. As a valuable partner on our platform, we want to ensure that the Practitioners experience on the Elderly booking platform is beneficial to both, Practitioners and their Users. For all terms and conditions of Book facility on Elderly profile check Book Standards.
  • 10.7.2. Practitioner understands that, Elderly shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Practitioner. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Elderly.
• 10.8. PRACTITIONER UNDERTAKING
  • The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
• 10.9. USAGE IN PROMOTIONAL & MARKETING MATERIALS
  • In recognition of the various offerings and services provided by Elderly to Practitioner, Practitioner shall (subject to its reasonable right to review and approve):
  • allow Elderly to include a brief description of the services provided to Practitioner in Elderly’s marketing, promotional and advertising materials;
  • allow Elderly to make reference to Practitioner in case studies, and related marketing materials;
  • serve as a reference to Elderly’s existing and potential clients;
  • provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases;
  • make presentations at conferences; and/or
  • use the Practitioner’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

11. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

• 11.1. Prohibited Content:
  • Information that belongs to another person without proper rights.
  • Content that is harmful, harassing, defamatory, obscene, pornographic, or unlawful.
  • Material that harms minors or infringes on intellectual property rights.
  • Deceptive or misleading information, impersonation, or offensive communications.
  • Content containing viruses, malware, or threatening the integrity of computer resources.
  • Messages threatening the unity, integrity, or sovereignty of India or causing incitement to offense.
• 11.2. Additional Prohibitions:
  • Violating Elderly's integrity or security, or disrupting Services.
  • Sending disruptive or competitive information through Elderly.
  • Submitting incomplete or false information, or making unsolicited communications.
  • Using automated tools to navigate or search Elderly, or attempting reverse engineering.
  • Copying Elderly content, framing, hot linking, or disabling security features.
• 11.3. Elderly's Action:
  • Elderly reserves the right to disable or remove prohibited content upon knowledge or complaint.
  • Prohibited information may be preserved for at least 90 days for investigation purposes.
• 11.4. Non-Compliance:
  • Elderly may terminate access or usage rights and remove non-compliant information.
• 11.5. Data Disclosure:
  • Elderly may disclose user-generated information to affiliates or governmental authorities as permitted by law.
  • Transfer of sensitive personal data is subject to compliance with SPI Rules and user consent.
• 11.6. Intellectual Property:
  • Elderly respects intellectual property rights and disclaims responsibility for violations.

12. TERMINATION

• 12.1. Elderly reserves the right to suspend or terminate a User’s access to the Elderly and the Services with or without notice and to exercise any other remedy available under law, in cases where:
  • Such User breaches any terms and conditions of the Agreement;
  • A third-party reports violation of any of its rights as a result of your use of the Services;
  • Elderly is unable to verify or authenticate any information provided to Elderly by a User;
  • Elderly has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on the part of such User; or
  • Elderly believes in its sole discretion that User’s actions may cause legal liability for such User, other Users, or for Elderly or are contrary to the interests of the Elderly.
• 12.2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Elderly under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Elderly by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

13. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Elderly, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Elderly or the content, materials and functions related thereto, the Services, User’s provision of information via the Elderly, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• Provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Elderly;
• Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Elderly;
• Any unauthorized access to or alteration of your transmissions or data; or
• Any other matter relating to the Elderly or the Service.

14. RETENTION AND REMOVAL

Elderly may retain such information collected from Users from its Elderly or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

15. APPLICABLE LAW AND DISPUTE SETTLEMENT

• 15.1. You agree that this Agreement and any contractual obligation between Elderly and User will be governed by the laws of India.
• 15.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Elderly or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Elderly. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
• 15.3. Subject to the above Clause 15.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Elderly or the Services or the information to which it gives access.

16. CONTACT INFORMATION GRIEVANCE OFFICER

• 16.1. If a User has any questions concerning Elderly, this Agreement, the Services, or anything related to any of the foregoing, Elderly customer support can be reached at the following email address: info@theelderlywellness.com or via the contact information available from the following hyperlink: www.theelderlywellness.com/contact.
• 16.2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Elderly or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer through our Contact Us page or write an email to privacy@theelderlywellness.com.
• 16.3. In the event you suffer as a result of access or usage of our Elderly by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

17. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

18. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Elderly. Any consent by Elderly to, or a waiver by Elderly of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.