TERMS OF USE

1. Registration

If you wish to schedule an appointment with a doctor or conduct a transaction on the Website or mobile app, you will have register on the Website and become a registered user ("Ayusmart User") prior to the completion of any transaction on the Website. To register onto the our services, a user will have to provide information such as his/her name, email address and phone number and create a user name and password. You understand that Ayusmart may introduce a fee for registration on the Website ("Registration Fees"). Registration Fees, if and when introduced shall be non-refundable. Ayusmart may introduce special features which may be made available to Ayusmart Users who pay Registration Fees. Registration is only a one time process and if the Ayusmart User has been previously registered, s/he shall login / sign into his / her account using the same credentials as provided during the registration process. We request you to please safeguard your password to your account on the Website and make sure that others do not have access to it. It is your responsibility to keep your account information current. A Ayusmart User may wish to schedule an appointment through his/her account for his/her family members and friends. While a Ayusmart User will be able to do, please note that such Ayusmart User will be responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.

2. Interaction on the Website or Mobile apps

You understand and agree that any interactions and associated issues with the doctors on the Website or mobile apps including but not limited to the medical outcomes and service issues, is strictly between you and the doctors. You shall not hold Ayusmart responsible for any such interactions and associated issues. Ayusmart is not involved in the providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor you interact with. If you decide to engage with a doctor to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for doctors, or provision of access to any healthcare professional or doctor on the basis of your specific request, should not be construed as endorsement by this Website of any such particular doctor. Ayusmart shall not be responsible for any breach of service or service deficiency by any doctor or health care provider. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of doctors or other health care providers to fulfil their obligations in any transaction. We advise you to perform your own investigation prior to selecting a doctor or a health care provider.

Third Party Services:

You understand that third party services may be made available by the Company on the Website. For example, you may be able find or book an ambulance or schedule a home visit by a doctor through the Website. Please note that in the event you choose to avail any such third party services that are made available on the Website or mobile apps, you will be absolutely and solely responsible for your interactions with such third party service providers. Ayusmart shall not be held responsible for any lapses, shortcomings or deficiency of services by such third party service providers to you. Ayusmart hereby does not endorse the services of any third party service providers that are made available on the Website or Mobile apps.

Information Uploaded by You on the Website or Mobile Apps

You understand that you may have the option of uploading your health / medical information on the Website or mobile app in order to enable your doctor access your previous medical history. While Ayusmart takes utmost care with respect to the security of the information you decide to upload, you understand that any information that you disclose on the Website is at your own risk. By uploading / sharing / disclosing your medical information on the Website, you hereby give your consent to Ayusmart to store such health / medical information on Ayusmart's servers. Ayusmart will retain such medical / health information you upload on the Website for as long as it is needed to fulfil the service you seek to avail our services. If you delete your account, Ayusmart will delete such medical / health information. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

Sharing of Information Uploaded by You on the Website:

Unless you specifically consent to share information, medical or otherwise, with either doctors or third party service providers, Ayusmart does not share such information that you upload on the Website or Mobile apps. While Ayusmart takes utmost care with respect to the security of the information you decide to share, you understand that any information that you disclose on the Website or is at your own risk. In the event you do not trust Ayusmart with such information, please do not share such information on the Website or Mobile apps.

3. Applicable Law

The interpretation of this Agreement and the resolution of any disputes arising under these Terms of Use shall be governed by the laws of India. If any action or other proceeding is brought on or in connection with this Agreement, the venue of such action shall be exclusively at Bangalore, India.

4. Arbitration

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a single arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of such arbitration shall be Bangalore, India. 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.

The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with Clause 11(a).

5. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use 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 these Terms of Use 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.

6. Notices

All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

If to Ayusmart:
Nikhil Embassy, 133/53, East End 'B' Main Road,
Jayanagar 9th Block,
Bangalore - 560078,

If to you: at the email address provided by you to us when you registered as a Ayusmart User.

7. Waiver

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

8. Complete Understanding

These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

9. Advice of Counsel

Each Party acknowledges: (a) having fully read these Terms of Use in its entirety; (b) having had full opportunity to study and review these Terms of Use; (c) having been advised that counsel for us has acted solely on our behalf in connection with the negotiation, preparation, and execution of these Terms of Use; (d) having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under these Terms of Use; and (e) having had access to all such information as has been requested.

10. Disclaimer of Warranties

You expressly understand and agree that your use of the Website and / or Services is at your sole risk. The Website and / or Services are provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Company makes no warranty that (i) the Website and / or Services will meet your requirements, (ii) the Website and / or Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website and / or Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website and / or Services will meet your expectations, and (v) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the Website and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.

11. Indemnification

You hereby indemnify, defend, and hold the Company, the Company's distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website, Application and Services.