Terms & Condition

THE TERMS OF SERVICE (“TERMS”) SET OUT BELOW GOVERN YOUR USE OF WWW.HEALTH29.IN AND SERVICES; YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. 

1. This agreement (together with the documents referred to therein) informs you as to the terms of use by which you may use www.health29.in and the services available on www.health29.in (the “Services”), whether as a registered user or as a guest. This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.health29.in www.health29.is an internet based portal owned by Across laboratories Pvt ltd, registered in Delhi and duly incorporated under the companies act. The user agrees to use the service to authorize the company to provide an individual who shall act in the capacity as the agent of the user and get the products requested by the user from the third party on the user behalf. We are offering the services to facilitate Oncology/Health related services only in certain locations in India and never outside India. 

2. APPLICABILITY OF THE TERMS AND CONDITIONS AND FORMATION OF AN AGREEMENT The TERMS &CONDITIONS constitute a binding agreement between Users and www.health29.in. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY, THEN YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS WEBSITE. These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by www.health29.in (“www.health29.in “, “We” or “Us”). These Terms and Conditions represent the whole agreement and understanding between www.health29.in and the individual or entity who subscribes to our service (“User” or “You”). PLEASE READ THIS AGREEMENT CAREFULLY. By your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. www.health29.in may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that www.health29.in believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. www.health29.in may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Users upon posting of the modified Agreement to this web address (URL): http://www.health29.in/terms-and-conditions/ and are deemed accepted by Users each time that User use or access www.health29.in or www.health29.in Services. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
 
3. These Terms apply to: (a) the content, materials, information, documents, graphics and images made available on or from www.health29.in (“Content”); (b) any content, materials, information or documents that you may upload (including any comments that you send or post to any message boards or user blogs) on www.health29.in (“Postings”); (c) the chat or video software that you may need to download in order to use the services being offered bywww.health29.in(“Software”).Such terms will be accessible on www.health29.in and may be updated from time to time. At all times, your access to the services offered is subject to the Regulations and you have recourse to these terms and conditions and the remedies herein in the event of a dispute or other issue with respect to services offered. 

4. Services Offered to Users by www.health29.in. The health29 is a platform that facilitate the online requisition by the user for any oncology/health related services these services are provided by various registered third parties (it includes third party licensed facilities) with company. The company is not and cannot be a party to or control in any manner, any transaction between you and third party. The company has full rights to change or modify the terms and conditions at any time and in its sole discretion.

 4.1) Technology Platform for Oncology/health related treatments: The company facilitates the complete solution on Oncology/health related treatment through third party arrangement which shall also include OTC and wellness products offered by third-party licensed retail pharmacies & diagnostic facilities (“licensed Retail Pharmacies/diagnostic centers or Third Party Pharmacies/ diagnostics / Health 29”). The Company and the Website merely provide hosting services to the individuals browsing or visiting the Website. All items offered for sale on the Website, and the content made available by the licensed service providers, are third party/ Health 29 user generated contents and third party Health 29 / products. The Company promises no control over such third party user generated contents and/Pharmaceutical goods & Oncology/health related services and does not originate or initiate the transmission, or select the sender/recipient of the transmission, or the information contained in such transmission. The quality of the services and Services made available by the licensed solution provider through the Website shall be the sole responsibility of the solution provider. The Company shall have no liability with respect to the authenticity of the Services being facilitated through the Website. The Company does not take any representation or warranty as to legal title of the services offered for sale by the service provider on the Website. The right, title, claim or interest in the products sold through the Website shall not vest with the Company and the Company shall not have any obligations or liabilities in respect of any transactions on the Website. The Company is not responsible for delayed, non-performance or breach of contract entered into between you and the third-party/ Health 29 for purchase and sale of goods or services offered by such Third Party service provider on the Website; The Company gives no guarantee that the concerned third-party service provider will perform any transaction concluded on the Website. The Company is not responsible for the Services or products which are out of stock or non performed, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by you. Content: You agree and acknowledge that the respective third-party/ Health 29 services are exhibiting Third Party Content which includes catalogue of drugs/ pharmaceutical products or oncology/health related services, and information in relation to such drugs/ pharmaceutical products or oncology/health related services, on the Website. The content available on the Website, including without limitation, text, copy, audio, video graphics Etc is for general information purposes only and does not constitute either an advertisement or promotion of any drug or services being offered for sale by the thirdparty pharmacies/ oncology services/ Health 29 on the Website or any professional medical advice, diagnosis, treatment or recommendation of any kind. Further, the Company shall not be responsible for ensuring that the content made available are not misleading and describe the actual condition of the Pharmaceutical Goods and oncology/health related Services. Also, you acknowledge and understand that the Company provides no warranty or representation with respect to the authenticity of the information provided on the Website and you must do your own check. The Company shall not be, in any event, held responsible or liable for any damages arising out of such content by third-parties. Prescription Drugs/ Oncology/health related treatments – In order to purchase drugs and pharmaceutical products or avail oncology/health related treatment that requires a valid prescription, you are required to upload a scanned copy of the valid prescription via email, or on the Website or any other digital platform of the Company. Third- Party Pharmacies/ doctors / Health 29 will verify the prescription forwarded by You and in case of any discrepancy observed by the Third-Party Pharmacies/ doctors / Health 29, the order will not be processed and be cancelled by the third-party pharmacies/ doctors / Health 29 immediately. You are also required to make the original prescription available at the time of receipt of the order as per the conditions laid down by the ThirdParty pharmacies/doctors / Health 29. You shall also allow the User’s Agent to offer, on your behalf, the right to get stamped, the original prescription at the time of receipt of medicine/ treatment. It is clarified that User’s Agent shall mean the individual agent offering services as an agent of the User, acting for and behalf of the User for the purpose of procuring the requisitioned medicines/ services through the process of collecting the medicines/ services ordered by the User with the User’s consent from the Licensed Retail Pharmacies/ doctors. Substitution of Prescribed Drugs/ treatment protocol-You acknowledge and accept that the order for a substitute of a Prescription Drug/ treatment protocol would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug/ treatment protocol to be dispensed in place of the Prescription Drug/ treatment protocol in the prescription or if the prescription solely lists the salt names instead of a specific brand name/ treatment You further acknowledge and accept that, in the absence of the above, the concerned Third Party Pharmacy/ doctor would not dispense a substitute drug/ treatment in place of the Prescription Drug/ treatment. Invitation to offer for sale – The listing of drugs and other pharmaceutical products/oncology/health related services on the Website by the Third Party Pharmacies/ Health 29/ service provider is merely an ‘invitation to an offer for sale’ and not an ‘offer for sale’. The placement of an order by You shall constitute an offer by You to enter into an agreement with the Third Party Pharmacies/ service provider (“Offer”). Post the Offer from the Third Party Pharmacies/service provider, the Company shall send an email to You with the information on the Offer along with the details of the concerned Third Party Pharmacy(s)/service provider who may undertake the sale, and such an email shall not be considered as an acceptance of the Offer. The acceptance of the Offer would only be undertaken by the Third Party Pharmacy(s)/service provider after the validation/ verification of the prescription by such Third Party Pharmacy / service provider (in case of Prescription Drugs/ treatment protocol) and the ascertainment of the available stock in the relevant Third Party Pharmacy(s)/ service provider (in the case of prescription as well as other drugs/ pharmaceutical products), by way of a confirmatory email to be sent to You. It is hereby clarified that any reference of the term ‘offer/ offered for sale by the licensed Retail Pharmacies’/ service provider, as appearing in these Terms of Use, shall be construed solely as an ‘invitation to offer for sale’ by any such licensed Retail Pharmacies/ service provider. Transfer of Property and Completion of Sale – Upon acceptance of the Offer by the concerned licensed Retail Pharmacies/ service provider (being the brick and mortar pharmacy/ hospital, the Pharmaceutical Drugs and Services would be dispensed at the pharmacy/ hospital, in accordance with the terms of the order placed by You. Such dispensation shall also take place under the direct/ personal supervision of the pharmacist/ service provider of the licensed Retail Pharmacies/ service provider, wherever required under the applicable law(s). You agree and acknowledge that the property and title in the Pharmaceutical Drugs and Services ordered by You shall stand immediately transferred to You upon the dispensation of Pharmaceutical Drugs and Services and the raising of the invoice at the concerned licensed Retail Pharmacies/ hospital. Accordingly, the sale of Pharmaceutical Drugs and Services is concluded at the concerned licensed Retail Pharmacies/ hospital itself. The invoice in relation to the Pharmaceutical Drugs and Services, that are required to be delivered to You shall be issued by the concerned licensed Retail Pharmacies/ service provider (being the brick and mortar pharmacy/hospital) which is to process and satisfy the order for such Pharmaceutical Drugs and Services. Selling of Drugs – The Pharmaceutical Drugs shall be displayed, exhibited, offered for sale or sale / sold by the Licensed Retail Pharmacies to the Users and not by the Company in any manner whatsoever. User accepts and acknowledges that the User’s Agent shall be responsible to collect the medicines ordered by User from the Licensed Retail Pharmacy and to carry it to the address notified by User, with no control over the Pharmaceutical Drugs displayed, exhibited, offered for sale or sale / sold by the Licensed Retail Pharmacies and that the there is no direct or indirect liability of the Company and/or User’s Agent and there is no additional obligation on the Company and / or User’s Agent apart from collection of medicines for the User and that the Company and / or User’s Agent assumes no vicarious liability of any form or nature whatsoever. User further agrees and acknowledges that the User’s Agent acts as the agent of the User for collecting the medicines from the Licensed Retail Pharmacy. The aforementioned services are being undertaken by Users’ Agent with Users’ consent and therefore the Company is merely facilitating for the User and Users’ Agent to connect. The Users’ Agent is independently offering pick-up and collection services and in no event shall the Company be responsible and liable for the act of the Users’ Agent’s including acts of omissions or commissions while carrying out its obligation. • 4.3) Online Doctor Consultancy – The Company is a facilitator of healthcare services that provides healthcare products and services to the Users. The words “Your Physician” or “Your Doctor” or “Healthcare Provider” or similar words on the Website, shall be interpreted and mean the User’s personal doctor with whom the User has a doctor-patient relationship. The third party registered medical practitioners are not related to Company but merely providing medical consultation to You with Your consent. You agree and acknowledge that the third party registered medical practitioners are independent contractors and hence, the Company, in no event, shall be directly or vicariously liable for any advice or medical consultancy or any loss arising from the third party registered medical practitioners. • The e-prescription which may be issued by the registered medical practitioner(s), in certain events, may not be a valid prescription under applicable law(s) of India and may not be used for dispensation of medicines/services by any pharmacist /hospitals including the third-party licensed retail pharmacies/ hospitals. We will only act as an aggregator in the event You request Us to process the eprescription or any form thereof (whether original or scanned copy of the original prescription). We will have no responsibility or liability in such events. You agree and acknowledge that it shall be at your sole responsibility and risk. • The Company does not recommend any specific registered medical practitioner(s), tests, products, opinions or other information that may be mentioned in the Website. Dependence on any information provided on the Website is solely at Your own risk. You should connect to the nearest doctor/hospital or any related helpline in case of any medical emergency. • The Services are not for use in medical emergencies or for critical health situations and may not be best solution where a face-to-face consultation is required. Hence, we discourage any delay in seeking advice from Your doctor on account of something that You may have heard/viewed on the Website. • Further, the Company shall not and it is Your responsibility for ensuring that the information submitted by third party/doctors is accurate and the Company shall not make any effort to validate any information provided by You for using the Services with respect to content, • The opinions, statements, consultation via digital mode provided by the third party registered medical practitioners through the Website is not the opinions of the Company or its affiliates etc. The Company makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by the Company employees. The Company is not responsible for transmission errors, corruption of data. • 4.4) Cancellation, Returns and Refund Policy Cancellation Policy: Medicine/ services Orders • You can cancel the order from the Company’s Website or digital platform. You can also refuse to accept the order, at the time of handing over of the products/ services that are brought to you by the Agent and the refund will be processed into the payment source, in the event the order amount was paid online or in any manner prior to accepting these products and / or services. • Healthcare Products • An order can be cancelled by getting in touch with our Customer Care team before the shipment is handed over to your logistics agent/ start of services. You can also refuse to accept the order/services, at the time of handing over of the products/ services that are brought to you by the User’s Agent and a refund will be processed into the payment source, in the event the order amount was paid online or in any manner prior to accepting these products and / or services. • Return Policy: Health29 offers a flexible return policy for items/ services ordered using the Company’s Website and / or digital platform Under this policy, each item/ services purchased by the User will have a returnable window which can vary anywhere between 0 to 15 days, post acceptance of the products / services that are handed over by the User’s Agent to the User, depending on the product and / or service ordered by the User. The return window will be updated regularly and listed in the product details section and in the returns section of the order, once products / services that are handed over by the User’s Agent to the User, depending on the product and / or service ordered by the User, depending on the terms offered by the Third- Party Pharmacy and/or third party vendor/ service provider. . • As per terms offered by all the Third-Party Pharmacies and/or any other third party vendor/ service provider on the Platform. The items shall not be eligible for a return under the following circumstances: • 1. If the item has been opened, partially used or disfigured. The User is strongly advised to check the package carefully at the time of acceptance of products by the User from the User’s Agent. • 2. If the item is a consumable item. • 3. If the item’s / packaging/ box/ seal has been tampered with; The User is strongly advised to check the package carefully at the time of acceptance of products by the User from the User’s Agent and it is emphasized that the User should not accept the order if the package appears to be tampered/broken. 
• 4. If it is mentioned on the product detail page that the item is non-returnable • 5. If the return window for any or all items in an order has expired. 
• 6. Any accessories supplied with the item(s) are missing.
 • 7. If the item does not have the original serial number / UPC number / barcode affixed, which was present at the time of acceptance of products by the User from the User’s Agent.
 • 8. Any damage / defect which is not covered under the manufacturer’s warranty. 
• 9. If the item is damaged due to visible misuse. 
• 10. Items related to baby care, food & nutrition, healthcare devices and sexual wellness such as but not limited to diapers, health drinks, health supplements, glucometers, glucometer strips/lancets, health monitors, condoms, pregnancy/fertility kits, etc. 
• Injections, health monitor and equipment’s, ortho support. 
• Return Process: You can raise a request to return the items.
 • We will pick up the returnable items within 2 – 4 days from the date of request. Please keep the return package ready in its original packaging. You are also requested to keep a copy of the invoice/ bill from the partner licensed retail pharmacy handy for verification. Special Note – Items marked as “Non-Returnable” on the product/ services detail page or items/ services whose return window has expired cannot be returned. If such an item/ services is indeed returned along with another returnable item, health29 will disallow a refund or return of the “Non-Returnable” product/ services to you when our partner licensed retail pharmacy verifies the returned item(s). Refund Policy: • Once the refund has been initiated for eligible returns 

• • 1)NEFT: 10-15 business days post refund initiation; 

• 2) Online refund: 10-15 business days post refund initiation subject to the bank turnaround time and RBI Guidelines. 

• • *The MRP/ list price mentioned at the time of return is without discount and total amount to be refunded listed is an estimate. Total amount paid by You for the medicine(s)/ services will be refunded once pick up is completed and verified by the third-party licensed Retail Pharmacies/ service provider 

4.5 Services Offered In Operator’s Discretion. Access to www.health29.in is permitted on a temporary basis, and We reserve the right to withdraw or amend the Services we provide without notice. www.health29.in is updated regularly, and may change at any time. You acknowledge and agree that the specific form and/or nature of www.health29.in or Services may change from time to time without prior notice and we may cease providing the Services (or any specific features within the Services) to You or to users generally at our sole discretion, without prior notice to you. If the need arises, we may suspend access to www.health29.in,or close it indefinitely. Any of the material on www.health29.in may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason www.health29.in is unavailable at any time or for any period but this shall not, of itself, preclude us from returning to you any money that is properly due to you. We may terminate your Account, delete any content or information that you have posted on www.health29.in, and/or prohibit you from using or accessing www.health29.in or Service (or any portion, aspect or feature of the Service) for any reason, at any time in our sole discretion. Without limiting the generality of the foregoing, we shall have the right to reject any chat or Video Call in Our absolute discretion. We will not be liable for any loss whatsoever arising from the cancellation of any chat or Video Call, including any realizable or perceived loss, for whatever reason. 

4.6. Your Access. You may only use the Services if you reside in a jurisdiction that permits you to seek medical advice online for secondary purposes , the primary being the physical examination by Practitioner of Your choice. Subject to these Terms, You are responsible for making all technical or other arrangements necessary for You to have access to www.health29.in. 

4.7. Services for Personal Use Only. You shall not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 

4.8. Access Disruptions. We are not responsible or liable in any way for any Internet disruptions or disconnections, and all risk and responsibility rests with You.

 5. REGISTRATION AND ACCOUNT CREATION 

5.1. Account Registration. You must register an account with Us (“Account”) before you can download any Software, or use any of the services being offered by www.health29.in. You must be at least 18 years old in order to register an Account. We reserve the right to suspend your Account and request proof of age in order to ensure that minors are not using the service. If satisfactory proof of age is not provided we further reserve the right to permanently suspend your Account. It is further mandatory that for the services to be utilized for a minor, the Account shall be maintained by a major and the services to be utilized by the minor under the direct supervision of the major.

 5.2. Accounts Open in Our Discretion. We reserve the right to suspend, disable or terminate your Account at any time in our sole discretion. Unless otherwise required or directed by the Concerned authorities in accordance with the relevant provisions of the Regulations, all decisions regarding the opening, maintenance and closing of Accounts rests with us and any decisions We take regarding any aspect of the services to be offered or not is final. 

5.3. Information Required. If you choose to register an Account you will be required to provide your full name, address, date of birth, email address and telephone/mobile phone number. If your identity cannot be validated, you may be required to submit additional information or documentation. You will also be required to answer one or more security questions, after which you will be sent a confirmatory email. You may also be required to update the information or data or to provide additional items as part of ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with the Medical ethics policies and protocols. 

5.4. Information to be Valid and Verifiable. All information and data that you provide to us either at the time you register for an Account or at any subsequent time must be truthful, accurate and verifiable in all respects. By providing such information and data you consent to us submitting it to third party providers of age and identification services to verify that you are who you say you are and that the information you give is true and accurate. We reserve the right to use third party verification services to authenticate your account information and identity, and you expressly acknowledge and agree that we may confirm the accuracy of any information you submit against government-issued ID. If you have provided false information or if you are unable or unwilling to provide documentation to confirm your information, as we are unable to confirm your identity, your Account may be terminated and any and all activity within the Account deemed invalid. By registering an Account you grant us the right to disclose your identity and any information that you have provided in connection with your account to anyone who makes any claim or allegation that: (a) you are a minor or under the minimum age required to make use of any part of www.health29.in; or (b) any Posting or other material posted or uploaded by you to www.health29.in constitutes a violation of their intellectual property rights, or of their right to privacy or was otherwise posted or uploaded in breach of these terms of use. 

5.5. Access Credentials. You will be able to log in to your Account using your email address. You must treat your user Account ID and password as confidential and not disclose any part of them to anyone else. We have the right to disable any user Account ID, password whether chosen by you or assigned by us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms of Service. You are responsible for ensuring that no one else (particularly but without limitation those who may share your internet connection) is able to make use of your Account ID (or email address) and password and you shall be responsible for all transactions that take place on your Account whether or not you knew or consented to such transactions taking place. 

5.6. Account Reviews. You agree that we may at any time investigate your Account to ensure compliance with these Terms and to ensure that no improper or illegal activity is or has taken place, including without limitation fraudulent activity or activity that is contemplated as breach by Our Medical ethics committee policy and protocols. In the event that it is determined that your Account has been involved in any of the above, we shall be entitled to close Your account without any further notice. Details regarding Users account can be found in your account control panel (https:// www.health29.in/sign) 

7. INDEMNIFICATION The User shall defend, indemnify, save and hold www.health29.in, its affiliates harmless from all demands, liabilities, claims and expenses, including attorney’s fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, infringement by You or someone else using the service with your device ( Smartphone, Tablet or Computer), of any intellectual property or other proprietary right of any person or entity, or from the violation of any of policies relating to the Service(s) provided. Notwithstanding the above, the Consumer’s exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate INR amount which the User paid directly to www.health29.in for the service in question. Such limitations shall apply to www.health29.in total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. In no event shall www.health29.in nor any of its affiliates/directors be liable for any direct damages in excess of the purchase price for the product. In addition, to the maximum extent permitted by law, in no event shall www.health29.in or its directors nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, loss of profits, interruption of service or loss of data, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorized representative of www.health29.in is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions. 

8. DISCLAIMERS User acknowledges that the use of www.health29.in services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. To the extent that any of the Content included on www.health29.in is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on www.health29.in. All information, products or services contained on or provided through this website are provided “as is”, without any warranty of any kind, express or implied, to the fullest extent permissible under applicable law. www.health29.in and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement and freedom from virus strains. Without limiting the foregoing, www.health29.in and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the www.health29.in products and services provided hereunder. www.health29.in makes no representations or warranties about the satisfaction of government regulations. The Advice being availed on the portal is purely for specific informational purposes and in no manner shall be construed as the primarily medical advice/prescription, or a substitute for physical examination or care from the medical professionals. No consultation availed through the portal shall be used for correction/treatment of any health disorder or shall be construed as symptomatic treatment. The interactive responses (if any) furnished by or through, this Website are not intended to or implied to be professional medical advice. Users are advised to treat the responses of the portal as Second Opinion and synchronization by the treating physician or health service provider is recommended. No medications or treatments as may be described on this Website should be taken or begun without first consulting your physician or other healthcare provider. Use of any service of www.health29.in, in any manner, doesn’t lead to establishment of Doctor-Patient relationship and thus the consequences flowing from such relationship are as well debarred. The portal doesn’t intend to treat a patient, diagnose any health disorder or prescribe the medication. On-line consultations lack physical examination and hence, the same shall not be treated as Professional advices as the advices on the portal are provided on the basis on medical history, inputs and symptoms extended by the User itself and hence , do not cements themselves as prescriptions. It is hereby clarified that in no circumstances or manner, to the maximum extent ,the professionals concerned shall not be responsible or liable for any loss or damage of any kind incurred as the result of advices or transactions. Neither www.health29.in nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Site. 

9. OUR LIABILITY 

9.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO WWW.HEALTH29.INAND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, WE AND OUR SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF WWW.HEALTH29.IN OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF WWW.HEALTH29.INOR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF WWW.HEALTH29.INOR SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WWW.HEALTH29.IN OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM WWW.HEALTH29.INOR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ND NON-INFRINGEMENT.

 9.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES AND AFFILIATES, AND SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH WE MAY MAKE TO WWW.HEALTH29.IN OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (C) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON OUR LIABILITY ABOVE SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 10.INFORMATION ABOUT YOU AND YOUR VISITS TO WWW.HEALTH29.IN 

10.1. We process information about You in accordance with Our privacy policy. By using www.health29.in, you consent to such processing and you warrant that all data provided by You is accurate and complete. 10.3. You hereby release and hold harmless us and Our Associates, service providers, licensors, licensees, affiliates, successors and assigns from any and all claims, causes of action, remedies and / or damages arising from the use of your rights in accordance with the previous clause. 

11.VIRUSES, HACKING AND OTHER OFFENCES 

11.1. You must not misuse www.health29.in by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain un-authorized access to www.health29.in, the server(s) on which www.health29.in is stored or any server, computer or database connected to www.health29.in. You must not attack www.health29.in via a denial-ofservice attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use www.health29.in will cease immediately and you shall immediately forfeit all amounts in your Account as liquidated damages incurred as a consequence of such attack. 

11.2. We will not be liable for any loss or damage caused by a distributed denial-ofservice attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of www.health29.in or to your downloading of any material posted on it, or on any website linked to it. 

11.3. We carry out continuous monitoring and undertake rigorous examination of play by both manual and automated means in order to detect such behavior and any players who violate this will be banned from using www.health29.in for life. 12.LINKING TO AND FROM www.health29.in 

12.1. You may link to our home page with our permission, which you can request from service@www.health29.in, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This permission may be revoked by us at any time. 

12.2. You must not establish a link from any website that is not owned by You. 

12.3. www.health29.in must not be framed on any other website, nor may you create a link to any part of www.health29.in other than the home page. We reserve the right to withdraw linking permission without notice. www.health29.in from which you are linking must comply in all respects with the standards we establish from time to time. 

12.4. If you wish to make any use of material on www.health29.in other than that set out above, please address your request to service@www.health29.in.

 12.5. www.health29.in may include hyperlinks to other web sites or content or resources. We have no control over any web sites or resources which are provided by companies or persons. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and We do not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that We shall not be liable for any loss or damage that may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. We encourage You to be aware of when you leave www.health29.in, and to read the terms and conditions and privacy policy of any thirdparty website or service that You visit.

 13.JURISDICTION, APPLICABLE LAW, AND DISPUTE RESOLUTION 

13.1. The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of India and State Laws of State of Haryana . You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Haryana .for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. However, We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets. The concerned party declares to have read and understood these terms & conditions and agrees with the conditions and the privacy statement. The Terms & conditions are published and as may be updated from time to time and posted at http:// www.health29.in/terms-and-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement. If any dispute arises between a user/users and www.health29.in arising out of use of www.health29.in or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party appointed by www.health29.in. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be at New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

 
13.2. If you have any complaints or concerns arising from your use of www.health29.in, including any concerns about material which appears on www.health29.in, please in the first instance contact service@www.health29.in, where a dedicated member of Our team of Customer Service Representatives will handle your complaint. If your complaint cannot be resolved to your satisfaction by our Customer Service Representative, you may request in writing to service@www.health29.in that the complaint be escalated to a Customer Service Supervisor. If your complaint cannot be resolved to your satisfaction by our Customer Service Supervisor, you may request in writing to service@www.health29.in that the complaint be further escalated to our General Manager. 

13.3. We prefer to deal with disputes internally in accordance with the above procedures, you can also direct your complaint to Our Managing Director (MD) at md@www.health29.in. Complaints must be submitted not less than seven days and not more than six months after the date on which the subject matter of the complaint first arose. 

Article 14. Advertising on www.health29.in 

14.1 www.health29.in offers several possibilities of advertising viawww.health29.in, including company presentations and banners. The form, time, and placing conditions of individual advertisements are discussable. The tariffs of www.health29.in are available on www.health29.in and need to be agreed on by both parties before signing an agreement. 1. www.health29.in has the right to cancel or refuse a banner, presentation or other advertisements at any time in case of conflict with law or the policy of www.health29.in. 2. www.health29.in also has the right to cancel or refuse the content of a banner, presentation or other advertisements if the content is considered illegal, unethical or shocking. 3. www.health29.in also has the right to directly cancel the contract with the advertiser without involvement of jurisdiction. This right overrules the other rights of www.health29.in. 

Article 15. Force Majeure www.health29.in will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning. 

Article 16. Intellectual property rights 

16.1 All brand rights, business rights, database rights and all other intellectual property rights based on www.health29.in, the services of www.health29.in, the information on www.health29.in are only given by www.health29.in and/or its licensee. 

Article 17. Scope conditions 

17.1 If at least one of the issues in these terms & conditions turns out to be invalid or inapplicable, the other issues will keep their validity. The issues that are not valid or applicable will be replaced by issues that are similar and valid in order to make them applicable. Article 18. Length of the agreement, adjustment 

 18.1 Contracts with www.health29.in are valid for an undetermined period, unless the contract specifically states differently. Cancellation is possible at any time, both for the USER and www.health29.in, with a cancellation period of 4 weeks. When ending the contract, all access to www.health29.in will be denied. 

 18.2 www.health29.in has the right to change these terms & conditions at any time. Changes will be notified through www.health29.in. If the User does not agree with the change, the User has the right to inform www.health29.in (by email) within 3 days after the announcement. 

Article 19. Unenforceable Provisions If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way. 

Article 20. Waiver No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. 

Article 21. Privacy Policy Our Privacy Policy describes how we use and protect any information that you may give us when you use this Website and any other personal information that you may provide to us. The Privacy Policy is incorporated into this Agreement as if set forth at length herein. Our Privacy Policy can be located at www.health29.in/privacypolicy. 

Article 22. Copyright Notice This Website is the copyright of www.health29.in effective beginning in 2015 and continuing in all future years. All rights reserved. The Content contained on this Website is the copyright of www.health29.in, except to the extent that www.health29.in is licensed or otherwise permitted to use any Content from third parties. 

Article 23. Successors and Assigns The terms and conditions of this Agreement will inure to the benefit of www.health29.in, its affiliates and each of its respective successors and assigns. The terms and conditions of this Agreement will be binding on you and your heirs, executors, administrators, any permitted assigns, and your personal representatives.

Copyright © 2022 Health29. All Rights Reserved. Design & Developed By : Innovative Solution Technologies | ISOLS Group