Term of Service

  1. INTRODUCTION
  1. Welcome to Howzu (“the Company”, “we”, or “our”, or “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.
  1. GENERAL TERMS

BY CLICKING ON THE “I AGREE” (OR OTHER SIMILAR) BUTTON OR BY VISITING, ACCESSING, DOWNLOADING OR INSTALLING OUR PLATFORM, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS(AS DEFINED BELOW).

THESE TERMS OF SERVICE, OUR PRIVACY POLICY LOCATED AT [ https://howzu.co.in/term-services.html], TOGETHER WITH ANY ADDITIONAL SPECIFIC TERMS AND CONDITIONS AGREED BETWEEN YOU AND THE COMPANY, OTHER POLICIES WHICH MAY BE APPLICABLE AND/OR AVAILABLE ON THE PLATFORM AND ANY DISCLAIMERS WHICH MAY BE PRESENT ON THE PLATFORM ARE JOINTLY REFERRED TO AS THESE “TERMS” OR “TERMS OF SERVICE”. THESE TERMS GOVERN THEUSE AND ACCESS OF OUR PLATFORMAND THE SERVICES (AS DEFINED BELOW) BY THE USERS (AS DEFINED BELOW) AND CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN US AND USER (AS DEFINED BELOW).

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN YOU ARE NOT ENTITLED TO ACCESS, DOWNLOAD OR USE THE PLATFORM AND THE SERVICES AND ARE REQUIRED TO DELETE ANY DATA DOWNLOADED BY YOU WHILE USING THE PLATFORM.

YOU SHALL NOT ACCESS AND/OR USE THE PLATFORM, IF YOU ARE OUR COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS THE PLATFORM FOR PURPOSES OF MONITORING ITS AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

  1. DEFINITIONS
    • “Administrator”shall mean an individual who is (i) an owner or employee of Pathology Lab, or (ii) employee of a Doctor, government department or an entity, who accesses the Platform on behalf of its employer.
    • “Doctor”shall meanany medical practitioner (including homeopathic practitioner), physician, surgeon, specialist and super specialist or other medical practitioner, enrolled in the state medical register and the Indian Medical Register under the Indian Medical Council Act, 1956 and enlisted on the Platform.
    • “e-Consultation” shall mean the consultation, guidance, advice, or information You receive from Doctor basis the Medical Reportvia the Platform.
    • “Employee”shall mean an individual, who is an employee of an entity or organizationlicensed to use and access the Platform and avails the Services through the Platform.
    • “Medical Report”shall mean any medical report, data, discoveries, findings, result of the test conducted by Pathology Lab or uploaded by the User on the Platform.
    • “Pathology Lab”shall mean any pathology lab approved by Indian Council of Medical Research and enlisted on the Platform.
    • “Patient” shall meanany individual who has subscribed to the Platformfor availingthe
    • "Platform" shall mean the platform namely “Howzu”,developed, owned and offered by the Company on "software as a service" or "on-premises" basis and deployed for Your use through its mobile application namely "Howzu"and via its website-https://howzu.co.in/, and acts as an intermediary that enables You to avail the Services.
  1. “Protected Health Information” or “PHI”, “Sensitive Personal Information” or “SPI” includes personal, contact related (such as email id, address and phone number), health, genetic, or other physiological or psychological data related to a natural person, and/ or Medical Reportand history or sexual orientation of such natural person, or any information indicating or capable of indicating the mental or physical health of a natural person, created, used or referred to in the course of providing any of the Services.
  1. “Service” or “Services” shall mean(i) search for the Pathology Lab, schedule visits to or by  Pathology Lab for test and collections of samples, (ii) receive Medical Report from the Pathology Lab via the Platform; (iii) pay for the services availed from the Pathology Lab and/or Doctor via the Platform; (iv) upload, maintain, store and access all the Medical Report(s) on the Platform; (e) share the Medical Report with Doctor; (v)receive e-Consultation from Doctor, (vi) receive generalhealth insights basis the PHI uploaded by You; and (viii) any other services which the Company may introduce from time to time.
  1. “Subscription Fees”shall mean fees paid or payable by Patient to the Company for availing the Services through the Platform.
  1. “Subscription Term”commences on the date you sign up for the Platform (“Effective Date”) and continues in force until the User Account has been terminated in accordance with the provisions contained herein.
  1. “You/User/Your”shall either mean as(i)Patient; (ii) Employee; (iii) Administrator; or (iv) any individual who accesses the Platform,as the case may be.
  1. ACCOUNT
    • In order to use the Platform, You need to create an account (“User Account”). You can create a User Account on the Platform using your email address. When logging in or creating a User Account on the Platform, we will ask for Your permission to access selected data, which enables Your User Account. This data is stored by us against Your User Account.
    • If You amend the details about yourself within Your User Account, this data will be retained as the master copy of Your data. By creating the User Account, You authorize us to obtain and verify Your credentials provided for creating the User Account.
    • When you create a User Account with us, Youguarantee that You are above the age of 18, and that the information You provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of User Account.
    • You are solely responsible for maintaining the confidentiality of Your UserAccount and password, including, but not limited to the restriction of access to Your computer and/or User Account. You shall solely be responsible for any and all activities or actions that occur under Your User Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your User Account.
    • The Company shall not be liable for any losses caused by any use or unauthorized use of Your User Account, loss of data or functionality by the User.
    • You shall not use as a username the name of another person that is not lawfully available for use, without appropriate authorization. You may not use as a username, any name that is offensive, vulgar or obscene.
    • If the Company reasonably believes that a User Account and password is being misused in any manner, the Company reserves the right to cancel access rights immediately without notice, and block access to User from that IP address.
    • The Company may send You certain notifications, including, but not limited to, the Services related notices or updates regarding a change in any of our policies or these Terms. For example, we may send you notice regarding server problems, scheduled maintenance of the Platform, newsletters, marketing offers or promotions, if any.These notifications may be sent through an email or a message on Your mobile phone.However, Youmay opt out of receiving any, or all, of these notifications from us by following the unsubscribe link or by emailing at anuj@howzu.co.in.

    1. SERVICES FOR PATIENT AND EMPLOYEE
      • During the Subscription Term and subject to the terms contained herein, we shall grant a non-exclusive, non-transferable, non-assignable, non-sub licensable, limited license to use the Platform for availing the Services. Nothing herein contained shall be construed as granting to You any rights, title or interest in, or to any intellectual property rights in or to the Platform, except as expressly provided for hereunder.
      • Subject to section (c) mentioned hereinbelow, we shall use commercially reasonable efforts to make the Services available to you except for: (a) planned downtime; or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquake, civil unrest, acts of terror, strikes or other labour problems (other than those involving our employees), or Internet service provider failures or delays, or denial of service attacks, or failure in the Platform.
      • During the Subscription Term,the Services such as bookingvisits to or by the Pathology Lab ande-Consultationwill be subject to availability of Pathology Lab and Doctor.
      • You understand and acknowledge that the Services are not intended to substitute any face-to-face medical advice and/or consultation received from any doctor. In the case of a health emergency, we encourage You to seek immediate assistance from emergency medical professionals and not rely on the Platform and/or the Services.
      • That as a part of the Services, the Platform provides you general insights as to your health basis the PHI uploaded by You. The general insights provided via the Platformhave been formulated by the authors basis the information available with a reasonable standard of accuracy, but the general insights have not been developed to meet your specific individual requirements.
    1. USE AND ACCESS TO THE PLATFORM FOR THE ADMINISTRATORS

    Subject to the terms contained herein and any other terms agreed between us and Your employer, we grant a non-exclusive, non-transferable, non-assignable, non-sub licensable, limited license to use the Platform on behalf your employer. Nothing herein contained shall be construed as granting to You any rights, title or interest in, or to any intellectual property rights in or to the Platform, except as expressly provided for hereunder.

    1. PURCHASES
      • The Services enable you to pay for the services rendered by the Pathology Lab and Doctor(“Purchase”), you may be asked to supply certain information relevant to Your Purchase including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. By submitting Your information, Yougrant us the right to provide the information to these third parties subject to our Privacy Policy.
      • You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) available on the Platform in connection with any Purchase; and that (ii) the information You supply to us is true, correct and complete.
      • We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. You agree that you will not hold us liable for any claims arising out of the use of such third-party services/payment gateway on the Platform and that the Company shall not be liable for any losses or damages suffered by You due to the use of such third-party services/payment gateway on the Platform.
    1. SUBSCRIPTION FEES FOR PATIENTS AND FEESFOR THE EMPLOYEES
      • We at our sole discretion and at any time, may introduceor modify the Subscription Fees. Any Subscription Fee change will become effective at the end of the then-current billing cycle.
      • We may provideYou with a reasonable prior notice of any introduction of Subscription Fees or any modification in Subscription Fees to give you an opportunity to terminate Your User Accountbefore such modificationbecomes effective.
      • Your continued use of Services after the introduction or modification in Subscription Fee constitutes Your agreement to pay the Subscription Fees/modified Subscription Fees.
      • Except when required by law, paid Subscription Fees are non-refundable.
      • Additionally, we,at our sole discretion and at any time, may introduce feesforthe Employees for any of the Services with or without any notice.
    1. CONTENT
      • The Platform allows you to post, link, store, share and otherwise make available certain information, text or other material (excluding the Medical Report and PHI) (“Content”). You are responsible for Content that you post on or through the Platform.
      • By posting Content on or throughthe Platform, You represent and warrant that: (i) Content is Yours (You own it) and/or You have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Platform  does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate User Account of anyone found to be infringing on a copyright.
      • You retain any and all of your rights to any Content You submit, post or display on or through the Platform and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third-party posts on or through the Platform. However, by posting Content using the Platform,Yougrant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform. You agree that this license includes the right for us to make your Content available to other Users of the Platform, who may also use your Content subject to these Terms.
      • The Company has the right but not the obligation to monitor and edit all Content provided by Users.
      • In addition, content found on or through the Platform is the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

     

    1. CONSENT

    You hereby provide the Company the license to use, store, share or make available your Medical Report or PHI, including, but not limited to the Medical Report regarding HIV test on the Platform for the purpose of rendering the Services. However, we, the Doctors, the Pathology Labs, the Administrators will collect, process and treat your Medical Reports and PHI in compliance with the provisions of Information Technology Act, 2000 and the Information Technology (Reasonable Security and Procedures and Sensitive Personal Data or Information Rules, 2011 or any other applicable data protection laws.

    1. YOUR RESPONSIBILITIES
      1. Your Responsibilities:

    You agree:

    • That You can lawfully enter into and form contracts under the Indian Contract Act, 1872 (or any other applicable law in force) and that You are fully able, competent and authorized to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms.
    • To use the Services only for lawful purposes and strictly in accordance with these Terms;
    • To ensure full disclosure of your medical historyand other relevant information to the best of your knowledge, so as to enable the Doctor(s) attending to you to provide you proper e-Consultation.
    • To abide by the applicable laws, rules and/or regulations;
    • THATREGARDLESS OF THE SERVICES RECEIVED BY YOU THROUGH THE PLATFORM, YOU ALONE SHALL BE RESPONSIBLE FOR YOUR ACTIONS TAKEN AFTER RELYING UPON SUCH SERVICES OR ANY PART THEREOF AND NEITHER THE COMPANY NOR ANY DOCTOR WHO HAS PROVIDED AN E-CONSULTATION OR PATHOLOGY LAB SHALL BE HELD LIABLE FOR YOUR ACTIONS OR DECISIONS. YOU UNDERSTAND THAT NEITHER THE COMPANY NOR ANY DOCTOR NOR ANY PATHOLOGY LAB SHALL BE RESPONSIBLE FOR YOUR INTERPRETATION OF THE E-CONSULTATION, MEDICAL REPORT AND OTHER SERVICES (OR ANY ASSISTANCE OR ADVICE THEREUNDER) RECEIVED BY YOU THROUGH THE PLATFORM; and
    • To make timely payments pertaining to the Purchases.
    1. Usage of the Platform:

    You acknowledge that the Company is merely an intermediary and does not endorse the services of any Doctor and/or the Pathology Lab or any third party empaneled with the Platform. You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

    You shall not:

    • Seek unnecessary and frivolous e-Consultation from any Doctor;
    • Decompile, disassemble, reverse engineer, and attempt to discover the Platform's source code or otherwise reduce the Platform to a human-perceivable form;
    • Attempt to gain unauthorized access to the Platform or their related systems or networks;
    • Use the Platform to upload, store or transmit infringing, libelous, threatening, or otherwise unlawful or tortious material, or store or transmit material in violation of third-party privacy or publicity rights;
    • Use the Platform to store or transmit malicious code or viruses or the like;
    • Use the Platform and/or the Services in any way that violates any applicable national or international law or regulation;
    • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
    • Impersonate or attempt to impersonate another user, or any other person;
    • Use the Services and/or the Platform in any manner that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
    • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform and/or the Services, or which, as determined by us, may harm or offend the Company or the other users ofthe Platform or expose them to liability;
    • Create a User Account on behalf of another individual;
    • Create more than one User Account;and
    • Impersonate yourself to be someone else. In the event You impersonate yourself to be someone else, we shall not be responsible for such impersonation.

    Additionally, Youagree not to engage in the following conduct:

    • use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use ofthe Platform; including by (a) uploading or otherwise disseminating any virus, hardware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server;
    • use any robot, spider, or other automatic device, process, or means to access thePlatform for any purpose, including monitoring or copying any of the material onthe Platform;
    • use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
    • use any device, software, or routine that interferes with the proper working of the Platform;
    • introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Platform;
    • attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
    • share or upload any content or data that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not upload or store any photographs or images which would outrage the modesty of any third party;
    • intimidate or harass another through the Platform; andYou may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to do so through the Platform;
    • take any action that may damage or falsify the Company’s rating;
    • otherwise attempt to interfere with the proper working of the Platform; and
    • upload, modify, transmit, update or share any information that threatens the unity, integrity, defence, security or sovereignty of any country or that insults any country.

Special restrictions for the Administrator:

In addition to the restrictions mentioned hereinabove, the Administrator shall:

  • Use, process, store the Medical Reports or PHI strictly in accordance with the directions and instructions provided by your employer and any agreement entered into between us and your employer;
  • Not alter the Medical Reports except as otherwise instructed by your employer;
  • Not commercially exploit the PHI of any Patient or Employeeaccessed whilst accessing or using the Platform on behalf of your employer;
  • Not use the Platform for any personal use.
    1. ELIGIBILITY

    The Platformis intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Platform, Youwarrant and represent that You are at least eighteen (18) years of age. If You are not at least eighteen (18) years old, then You are prohibited from both the access and usage ofthe Platform.

    1. INTELLECTUAL PROPERTY
      • The Platform and all the rights including, but not limited to intellectual property rights subsisting under or in relation to the Platform (excluding Content,the Medical Reports, PHI), features and functionality are and will remain the exclusive property of the Company and its licensors.The Companyrespects copyright, and we prohibit Users from submitting, uploading, posting, or otherwise transmitting any content or details on the Platform that violates another person’s proprietary rights.
      • The Platform is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
      • There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting You any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the content on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal laws.
    1. ERROR REPORTING AND FEEDBACK

    You may provideus directly contact us at anuj@howzu.co.inwith information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to the Platform and/or the Services (“Feedback”). You acknowledge and agree that:

    (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

    (ii) the Company may have development ideas similar to the Feedback;

    (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and

    (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

    1. LINKS TO OTHER WEB SITES

     The Platform may contain links to third party web sites or services that are not owned or controlled by us.We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

    YOU ACKNOWLEDGE AND AGREE THAT THE COMPANYSHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.

    WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.

    1. DISCLAIMER OF WARRANTIES
      • THE PLATFORM AND THE SERVICES THEREIN ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND/OR THE SERVICES, THEIR CONTENT, OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR SOLE RISK.
      • NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND US BY USING INFORMATION PROVIDED BY US THROUGH THE PLATFORM INCLUDING, BUT NOT LIMITED TO ANY ASSISTANCE WE PROVIDE TO HELP YOU FIND AN APPROPRIATE DOCTOR/PATHOLOGY LAB OR SPECIALIST IN ANY FIELD CONDUCTING TEST.
      • THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE PLATFORM AND THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
      • THE COMPANY SPECIFICALLY DISCLAIMS REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO OR WITH RESPECT TO:
      • THE OPERATION OFTHE PLATFORM OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN;
      • THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM AND/OR THE SERVICES;
      • THAT THE AVAILABILITY OFTHE PLATFORM WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORMOR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM AND/OR THE SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS; AND
      • PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OF THE DOCTORS AND/OR PATHOLOGY LAB.

    THE COMPANY FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

    • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, THE SERVICES OR THE SERVICES RENDERED BY THE DOCTORS/PATHOLOGY LABS, OR RELIANCE ON THE SAME;
    • ANY UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL, TECHNICAL INFORMATION STORED THEREIN;
    • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM;
    • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM;AND
    • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THE COMPANY SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USERS AND DOCTOR/PATHLOGY LAB.  

    Without prejudice to the generality of the foregoing, we assume no other liability towards You for the items below:

    • Any delay in receiving or rescheduling of e-Consultation;
    • Any rescheduling or cancellation of the booked visits by the Pathology Lab;
    • Any delay in receiving the Medical Report or any of the Services;
    • Any inaccuracies in the Medical Report or any of the Services; and
    • Any inaccurate or incomplete Medical Report, error in your judgment and/or your interpretation of any of e-Consultation, Medical Report, advice/ assistance received by you through or under the Services or the judgment and/or interpretation of Doctoror Pathology Lab.

    INDEMNIFICATION

    You agree to defend (at the Company’s option), indemnify, keep indemnified and hold harmless the Company and licensorsand affiliates, and their respective directors,employees, contractors, agents, officers,from and against any and all claims, allegations,threats,damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:

    • your use of and access to the Platform and/or the Services, including any data or Content transmitted or received by you; or
    • your violation of these Terms; or
    • your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; or
    • your violation of any applicable law, rule or regulation; or
    • your negligent or willful misconduct; or
    • claims from any Doctoror Pathology Lab or your employer.
      1. LIMITATION OF LIABILITY

      THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE,ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE PLATFORM AND/OR THE SERVICES INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF ANY DOCTOR, PATHOLOGY LAB, EVEN IF COMPANY KNEW OR  HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CONTENT POSTED BY YOU OR BY ANY OTHER USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR THE SERVICES IS TO STOP USING THE PLATFORM AND THE SERVICES.

      THE MAXIMUM LIABILITY OF THE COMPANY FOR DIRECT DAMAGES (WHETHER IN TORT, NEGLIGENCE OR OTHERWISE) ARISING IN CONNECTION WITH THESE TERMS, REGARDLES OF THE FORM OF THE ACTION, SHALL NOT EXCEED RUPEES ONE THOUSAND (INR 1,000/-).

      1. TERMINATION
        • We may terminate or suspend your UserAccount and bar your access to the Platform and/or the Services or any part thereof immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms, request from the Pathology Lab/Doctor/employer(in case of a User being an Employee or Administrator).
        • If you wish to deactivate Your User Account, Youmay simply discontinue using the Platform.
        • All provisions of these Terms which by their nature should survive termination shall survive any termination, including, without limitation, intellectual property,  warranty disclaimers, indemnity and limitations of liability.
      1. GOVERNING LAW

      These Terms shall be governed and construed in accordance with the laws of India. Any dispute or matter arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the courts located at Satara, Maharashtra, India.

      1. CHANGES TO THEPLATFORM AND THE SERVICES

      We reserve the right to withdraw the access to the Platform or amend the Services (or any part or content thereof), at our sole discretion with or without notice. From time to time, we reserve our right to restrict access to some parts of the Services/Platform, or the entire Service/Platform, to any person including,the Users,geographic region or jurisdiction. We shall not be liable to You or to any third-party for any modification, alteration suspension or discontinuance of the Services.

      1. AMENDMENTS TO TERMS

      We may amend these Terms at any time by posting the amended Terms on the Platform. It is your responsibility to review these Terms periodically.

      Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so You are aware of any changes, as they are binding on You.

      By continuing to access or use our Platform after any revisions become effective, Youagree to be bound by the revised Terms. If you do not agree to the revised Terms, you are no longer authorized to use the Platform.

      1. NO PARTNERSHIP

      You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company because of these Terms or use of the Platform. The Company’s performance of these Terms is subject to applicable laws and legal process, and nothing contained in these Terms isin derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Platform or information provided to or gathered by the Company with respect to such use.

      1. WAIVER AND SEVERABILITY

      No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

      Severability:

      If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

      1. ENTIRE UNDERSTANDING:

      The Terms constitute the entire agreement between us regarding the Platform and supersede and replace any prior agreements we might have with you pertaining to the Platform.

      1. CONTACT US

      Please send your Feedback, comments, requests for supportby email: anuj@howzu.co.in. The support may be a bot and may further be escalated to the employees of the Company, upper management and finally to the Company’s board of complaint resolution. You agree that You will not approach any court or institute any proceedings or commence any dispute resolution in relation to the Services or the Platform, unless you have utilized this feature on the Platform and exhausted all levels of escalation.