Terms of Service

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These terms and conditions of use (hereinafter the “Terms of Use”) establish a legally binding agreement between Skearth Healthcare Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at No. 677, 27th Main Road, 13th Cross, HSR Layout, Sector 1, Bangalore-560102 (hereinafter referred to as “5e”, “us”, “we” or “our”), which expression shall include where appropriate its affiliates, successors and assigns) and the persons (“Users” or “you” or “your”) accessing and using this 5eCare mobile application (hereinafter referred to as "App") or website www.5e.healthcare or www.5ehealthcare.com (“Website”), to the extent applicable. 5e owns the App or the Website and your use of the App or the Website shall deem that you have read these Terms of Use and accept to be bound by the terms contained herein. In the event the App or the Website is being used by a person on your behalf, the expression “Users” or “you” or “your” shall apply to such person as well. If you do not accept and agree to be bound by all of the terms of these Terms of Use, please do not use the App or the Website.

The Privacy Policy (click here to view: https://www.5e.healthcare/legal/patient/privacy-policy/ ) and any other policies communicated by 5e or disclaimers made in the App or the Website shall be applicable to your use of the App or the Website shall collectively constitute the terms of your access and use of the App or the Website and the Services (as defined below).

This Terms of Use 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 Terms of Use for access or usage of the App or the Website. This Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder 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.

1. Definitions

The following terms shall have the meaning ascribed to such term in this Clause 1, and all other capitalized terms used elsewhere in these Terms of Use and not mentioned in this Clause 1 shall have the meaning ascribed to such term in any other provision of these Terms of Use.

  1. 1.1. “5e Doctor App” shall mean the mobile application owned and operated by 5e under the name ‘5eConsultant’ on the App or the Website Store and accessible by persons who wish to use the online consultation services provided by the Users on this App or the Website;
  2. 1.2. “App” shall mean this mobile application owned and operated by 5e under the developer name ‘5eCare - Doctors online, emergency & video consult’ on the App or the Website Store;
  3. 1.3. “Doctor” shall mean the licensed doctors registered on the 5e Doctor App, providing their services to Patients on this App;
  4. 1.4. “Registered User(s)” shall mean users of the App, who has registered with the App or the website;
  5. 1.5. “Patient(s)” shall mean the patients registered on the 5e App or the Website seeking the medical advice of medical professionals;
  6. 1.6. “Unregistered Users” shall mean users of the App or the Website who have not registered with 5e and created an account to provide consultation and treatment recommendations to Patients through the App or the Website and who shall not have access to the Services and information available on the App or the Website.
  7. 1.7. “Partner” shall mean 3rd party vendor or individual or enterprises or companies who have partnered with 5e to provide various services including but not limiting to in-hospital treatment, OPD consultation, blood/urine/cough sample collection, medicine delivery, pathological services, radiological services, etc.

2. Ownership

  1. 5e is the author and publisher of the App or the Website (including all files, images and downloadable material available on the App or the Website or generated on the App). The App or the Website may be used by Users to avail the Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, information provided by Doctors, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information.

3. Access to the App

  1. 2.1. Both Registered Users and Unregistered Users shall be permitted to access and view the App or the Website but shall be prohibited for using the App or the Website for any purpose other than as specified in these Terms of Use.
  2. 2.2. A Registered User is specifically permitted to enjoy all access to the Services provided on the App, subject to the limitations and restrictions prescribed in these Terms of Use or as may otherwise be communicated to Registered Users in writing from time to time.
  3. 2.3. An Unregistered User is specifically permitted to access and browse the App, read the Terms of Use and Privacy Policy, and App or the Website with others. However, an Unregistered User cannot access any Services provided on the App or the Website.

4. General Terms and Conditions

  1. 4.1. You must be at least 18 years of age and must have a sound mind to access and use the App or the Website and must be a licensed medical practitioner to use the Services provided herein. In case the App or the Website is accessed by a minor. In case a Patient is a minor, the legal guardian or any other representative of such minor shall be able to raise any claims on behalf of the Patient and shall be liable for any claims by 5e or its affiliates.
  2. 4.2. In case a Patient is a minor, the legal guardian or any other representative of such minor shall create an account and register themselves on the App or the Website and shall provide the information of the Patient, medical history and health-related information requested on the App or the Website shall be the minor’s information. The legal guardian or any other representative of a minor registered on the App or the Website shall be solely responsible for any claims in relation to the inaccuracy or misrepresentation of the information provided on the App or the Website.
  3. 4.3. The patient of the App or the Website shall not be outside of India, and in a situation where you avail of any Services outside of India, you agree and understand that you should have the advice and / or prescription given by the Appointed Doctors validated by a local registered medical practitioner in your place of residence or use of the App or the Website.
  4. 4.4. You understand that certain Services may be location specific and you may not have access to the same in your area.
  5. 4.5. You will not deliberately use the App in any way that is unlawful or harms 5e, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or Doctors and/or data or content on the App or the Website.
  6. 4.6. You may have access to business sensitive information provided on the App or the Website. You shall not share such information with any third party, except with 5e’s prior written consent and shall not, under any circumstances, disclose such sensitive information with 5e direct competitors or use it for competitive purposes.
  7. 4.7. You understand that you may receive confirmation of registration or notifications with your Information via SMS or WhatsApp or email or all of these based on your registered contact information and hereby consent to the receipt of such communications. You hereby agree that 5e shall not be responsible for any disclosure or loss of Information if you provide incorrect contact information.
  8. 4.8. You agree to maintain the confidentiality of your account and shall not disclose your log-in details with anyone. 5e shall not be liable for any losses caused by the unauthorized use of your account, you may be liable for the losses suffered by 5e due to such unauthorized use.

5. Information Collected and Stored

  1. 5.1.. To create your profile on the App, 5e requires and will collect the following information from you and shall create and store such other information as provided below (“Information”):
    1. a. Full Name;
    2. b. Mobile number;
    3. c. Age;
    4. d. Gender;
    5. e. Current Address;
    6. f. Permanent Address;
    7. g. Family contact details
    8. h. Allergies
    9. i. Existing diseases history
    10. j. Medical history including all tests, diagnostics results, diseases and long-term illnesses now or in the past, family history, smoking / drinking habits, and such other medical information required for your profile or requested by the Doctors;
    11. k. Records of all interaction with 5e representatives;
    12. l. Details of your usage of the App or the Website such as time, frequency, duration of use, pattern of use, features used;
    13. m. master data, payment history, transaction data and other data stored in your user account;
    14. n. recordings of video calls with Appointed Doctors from whom you obtain consultation by yourself or aided by a family member or friend;
    15. o. prescriptions given by the Doctors and any other doctors in the past, as may be relevant to the availing of services of the Appointed Doctors;
    16. p. Internet Protocol (IP) address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system used by you and other visitor details collected in our log files;
    17. q. User’s tracking information including but not limited to the device ID, GPS location, Google Advertising ID and Android ID;
    18. r. All your disease details, treatment details as provides by doctor, video-consultations, SMS, chat consultations, audios / videos transcripts, photographs of handwritten prescriptions, email and hard copy correspondences between you and the Appointed Doctors shall be recorded, saved and stored on a cloud-based platform for record purposes and in the event such records are required to be produced as evidence on the direction of a court of law. 5e may review this data from time to time for quality evaluation purposes and shall not otherwise, under normal circumstances, access any information that identifies you and shall either omit, mask or anonymize your personal information at the time of quality evaluation to the extent possible; and
    19. s. Any other information that is willingly shared by you.
  2. 5.2. If the Information provided by you is false/deceptive/inaccurate or misleading, 5e reserves the right to cancel your membership forthwith without assuming any liability whatsoever.
  3. 5.3. The Information provided by you may be used by for the purpose of services including analysis, research, training and disclosure (where required) to its affiliates, agents and government authorities
  4. 5.4. The Information provided by you can be kept with 5e indefinitely and can be used without revealing your
  5. 5.5. Based on doctor’s prescription, 5e or 5e partners may offer you additional services suitable to your condition.

6. Use of Information

  1. 6.1. We may use the Information you provide about yourself to fulfil your requests for our Services (except the sensitive medical information), and inquiries or communications from Doctors that we believe may be of interest to you. The Information may also be used to communicate with you. We may also use this Information to offer our products, programs, or services to the User.
  2. 6.2. 5e shall disclose the Information it maintains when such disclosure is required by law, a court order or in response to a law enforcement agency.

7. Services

  1. 7.1. The App or the Website may be used to avail healthcare services from Doctors through online communication of information and video conferencing. If you are a Registered User, you may avail the following services on the App or the Website (“Services”):
    1. 7.1.1. Viewing the Doctor Information and customer ratings of such Doctors on the App or the Website;
    2. 7.1.2. Seeking online consultations with Doctor(s) you may choose (“Appointed Doctor(s)”) via the video calling facility provided by a third-party API;
    3. 7.1.3. Follow-up appointments with Appointed Doctor(s), as required;
    4. 7.1.4. Obtaining post-surgery advice through online consultations;
    5. 7.1.5. Built-in app features such as medicine reminders, storage and display of your medical records, information and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports along with information regarding your family members or other information sought by the Appointed Doctor(s) and uploaded by you to the App or the Website; and
    6. 7.1.6. Recording body vital parameters as blood pressure, pulse rate, blood oxygen level and other parameters as offered in the app
    7. 7.1.7. Such other services as may be intimated from time to time by 5e.
  2. 7.2. These Services are non-transferable and every Registered User shall avail the Services for the specific Patient whose medical information is recorded in the App or the Website;
  3. 7.3. You have the option to reschedule or cancel an online consultation appointment, subject to the reschedule or cancellation fee. 5e may cancel or reschedule any online consultation appointments at any time without prior notice and without providing any reason thereto.
  4. 7.4. You are advised not to use the online consultation services if you are in critical condition or a state which needs physical examination by the doctor or any such condition where you need a visit to a clinic or hospital. 5e shall not be responsible or liable for any harm or loss that You may suffer if You choose to access those Services.
  5. 7.5. All Registered Users who opt for online consultation services may be required to undergo an initial medical examination to ascertain and record medical history before an Appointed Doctor can consult.
  6. 7.6. You hereby agree to avail the Services in accordance with and subject to the following obligations:
    1. 7.6.1. All Information provided by you is fully accurate and any and you shall regularly update the Information as may be required;
    2. 7.6.2. You will not use any engine, software, tool, agent or other device or mechanism (such as spiders or intelligent agents) to navigate or search the App or the Website and shall not attempt to reverse engineer or duplicate the content on the App or the Website;
    3. 7.6.3. You will not remove any copyright, trademark registration, or other proprietary notices from the App or the Website and / or attempt to pass off any copyrighted, trademarked or other proprietary material owned by 5e as your own;
    4. 7.6.4. You further agree not to access or use this App or the Website in any manner that may be harmful to the operation of this App or the Website or its content or harmful to any other person;
    5. 7.6.5. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the internet; and
    6. 7.6.6. You will not delete or modify any content of the App or the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
    7. 7.6.7. You shall not post any incorrect reviews or remarks in play store or app store or any social media channels that would mislead other users or create hatred on 5e or its services.
  7. 7.7. Disclaimers
    1. 7.7.1. The Services are not an alternative to emergency services offered at hospitals and should not be accessed if the Patient is in a critical condition. In case of emergency, please contact emergency services to rush to the nearest hospital.
    2. 7.7.2. The video calling facility for online consultations shall be provided by a third-party API and 5e shall record every online consultation and store the data on a cloud-based account. 5e shall not be liable for any technical issues faced by you due to errors in the video calling facility. If you face any issues with the video calling facility, you must raise a complaint to 5e immediately, and in any case, within 1 (One) day of facing such issue(s) and 5e will share necessary troubleshooting methods or seek the resolution of the issues from such third party facility provider.
    3. 7.7.3. 5e shall not be liable for any theft of your Information from the App or the Website or the cloud-based storage system database.
    4. 7.7.4. It is hereby clarified that 5e does not have any obligation to pre-screen or monitor any User content or any information provided by the Doctors at any time. However, 5e may modify or remove any User content from the App or the Website if it determines in its sole discretion that such information is in violation of these Terms of Use or applicable law. It may also delete or temporarily suspend your profile and account under certain circumstances.
    5. 7.7.5. The Services availed by you on the App or the Website shall include the audio / video online consultation you seek from Appointed Doctors or through an email communication, as the case may be. It shall be your responsibility to ensure that you are equipped with proper video conferencing devices and equipment and internet connectivity and other requirements for Services to be availed on the App or the Website;
    6. 7.7.6. In case you have inadequate video conference equipment, face technical error or defective internet connectivity, 5e may reschedule or cancel your appointment without any notice, and you may have to pay the Appointed Doctor the cancellation fee as applicable.
    7. 7.7.7. You understand and acknowledge that there will not be any physical examination of the Patient seeking consultations online from the Doctors and all consultation services shall be provided remotely and based on the Information provided to the Appointed Doctor. In the event the Patient requires physical examination and / or is advised by the Appointed Doctor to seek physical examination and consultation from a doctor in person, and the Patients continues to seek medical assistance and advise from the Appointed Doctor, the Patient shall not hold the Appointed Doctor responsible for any misdiagnosis or error in judgment by such Appointed Doctor.
    8. 7.7.8. 5e shall not be liable for any claims raised by Patients or their legal heirs for the misdiagnosis or faulty judgment or other adverse event caused by the prescribed treatment or diagnosis of Patients by the Appointed Doctors.
    9. 7.7.9. 5e shall not be liable for any claims raised by Patients or their legal heirs for the misdiagnosis or faulty judgment or other adverse event caused by the prescribed treatment or diagnosis or services by 5e services providers to Patients.
  8. 7.8. Without prejudice to the rights that 5e may have under other provisions of these Terms of Use, where 5e has reasons to believe that a User has violated a term or condition of these Terms of Use, then 5e shall, in its sole discretion:
    1. 7.8.1. Suspend the Services on the App or the Website; and/or
    2. 7.8.2. Suspend the account of the User unless it is determined whether the User had violated a term or condition of these Terms of Use; and/or
    3. 7.8.3. Raise a claim against a User to make good that loss or damage caused to 5e as a pre-condition to revoke the suspension; and/or
    4. 7.8.4. Take any such action against the User as it permissible under law; and/or
    5. 7.8.5. Raise invoice of Services availed by the User; and/or
    6. 7.8.6. Disable and/or delete such User Content that is in contravention of these Terms of Use while preserving such information and associated records for the purpose of production to governmental authorities.

8. License and App access

Subject to your compliance with these Terms of Use, 5e grants you a limited, non-exclusive, revocable, non-transferable license to access and make personal use of this App or the Website and not to download (other than page caching) or modify it, or any portion of it, except with the prior written consent of 5e. The App or the Website and its source code are the exclusive property of 5e. This license does not include any resale or commercial use of this App or the Website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. This App or the Website or any portion of this App or the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without prior written consent of 5e. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the App or the Website or of 5e and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the App’s or 5e’s name or trademarks without the prior written consent of 5e. Any unauthorized use shall terminate the permission or license granted by 5e.

9. Cookies

This App and the Website uses cookies and by using this App or the Website and agreeing to these Terms of Use, you consent to the 5e’s use of cookies in accordance with the terms of the Privacy Policy.

10. Consultation and other services Fee[1]

  1. 10.1. For such time as 5e may deem fit and the Doctors may so agree, the online consultation services provided to the Patients on the App or the Website shall be free of cost.
  2. 10.2. 5e shall charge for all the services including but not limited to online consultation, pathology and radiology diagnosis services. Price may vary time to time and the same would be shown to you before you decide to avail of the service.
  3. 10.3. Price for services would be decided solely by 5e and it may change time to time.

11. Refund and Cancellation Policy

  1. 11.1. In case of cancellation or non-confirmation of the appointment or non-availability of a 5e or partner service after confirmation by 5e due to any reasons, three options are available to you:
    1. 11.1.1. you may ask for rescheduling the appointment with the specialist doctor;
    2. 11.1.2. you may claim a refund of the advance payment; or
    3. 11.1.3. the advance payment may be added as credit in the account of the consumer and be adjusted in due course for future consultations.
  2. 11.2. In the event, you miss or cancel your appointment, you shall not be entitled to any refund whatsoever.
  3. 11.3. In case your credit card/debit card/payment account has been accidentally overcharged, please notify 5e of the same within 24 (Twenty Four) hours of such event. In case of over-charging, you may claim a refund of the outstanding amount. In such a scenario, 5e shall make all endeavours to refund the overcharged amount within 7 (Seven) working days. The outstanding amount may also be credited to the your account so as to be adjusted in future consultations of himself or of any other person.
  4. 11.4. The refund shall be made by e-banking or by demand draft or by other such mode other than cash, as 5e may deem fit in its sole discretion. For claiming refund, you should necessarily have the valid invoice of the appointment, so as to be able to get the refund.

12. Payment Gateway Disclaimer

The online payment gateway services are provided by a third party and 5e shall not be responsible for any technical errors or losses during the use of the payment gateway. The institute or the payment service provider(s) do not make any representation of any kind, express or implied, as to the operation of the payment gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, you expressly agree that your use of the aforesaid online payment Service is entirely at own your risk and responsibility.

13. Accuracy & Completeness of Information

While 5e strives to ensure that the information contained in the App is accurate and reliable, 5e makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information and the information provided by the Doctors and displayed on the App, and assumes no liability or responsibility for any omissions or errors in the content of the App or the security, reliability, quality, timeliness or performance of the App or the Website.

14. Modification of Terms & Conditions of Service

5e may at any time modify the Terms of Use of the App without any prior notification to you. You may access the latest version of these Terms of Use at any given time on the App, and it will be your responsibility to regularly review the Terms of Use on the App or the Website. In the event the modified Terms of Use are not acceptable to you, you should discontinue using the App or the Website. However, if you continue to use the App, you shall be deemed to have agreed to accept and abide by the modified Terms of Use of this App or the Website.

15. Reviews, Feedback, Submissions

  1. 15.1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to or by this App or otherwise disclosed, submitted or offered in connection with your use of this App (collectively, the “Comments”) shall be and remain the property of 5e. Such disclosure, submission or offer of any Comments shall constitute a perpetual transfer and assignment to 5e of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, 5e owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. 5e will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
  2. 15.2. 5e is and shall be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; or (iii) to respond to any Comments. You agree that any Comments submitted by you to the App will not violate these Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the App will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. 5e does not regularly review posted Comments, but reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the App or the Website. You grant 5e the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments that you may submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify 5e and its affiliates for all claims resulting from any Comments you submit. 5e and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

16. Intellectual Property Rights

5e, its affiliates, partners, suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, design, processes, technology, content and other materials, except for the confidential information of the Users and the Doctors, which appear on this App or the Website. The access to the App does not confer and shall not be considered as conferring upon anyone any license under any of 5e or any third party's intellectual property rights. All rights, including copyright, in this App are owned by or licensed to 5e. Any use of this App or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of 5e. You may not modify, distribute or re-post anything on this App for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of 5e, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this App or the Website. Access to this App does not authorize anyone to use any name, logo or mark in any manner. References on this App to any names, marks, products or services of third parties or hypertext links to third party App or information are provided solely as a convenience to you and do not in any way constitute or imply 5e endorsement, sponsorship or recommendation of the third party, information, product or service.

17. Limited Warranty

  1. 17.1. 5e is not responsible for the content of any third-party App or the Website and does not make any representations regarding the content or accuracy of material on such App or the Website. If you decide to link to any such third-party App, you do so entirely at your own risk.
  2. 17.2. All materials, including images, text, illustrations, designs, icons, photographs, programs, downloads, video clips and written and other materials that are part of this App (collectively, the "Contents") are intended solely to provide the Services. You may download or copy the Contents and other downloadable materials displayed on the App to avail the Services only.
  3. 17.3. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the App or any related software.
  4. 17.4. All software used on this App is the property of 5e or its licensee(s) and suppliers and protected by Indian and international copyright laws. The Contents and software on this App may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this App is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by 5e, one of its affiliates or by third parties who have licensed their materials to 5e and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this App is the exclusive property of 5e and is also protected by Indian and international copyright laws.

18. Confidential information

In course of your dealings with 5e, you or us (“Disclosing Party”) may share and provide the other (“Receiving Party”) with access to its confidential and proprietary information (“Confidential Information”). Such Confidential Information may be disclosed either orally, visually, in writing (including graphic material) or by way of consigned items. The Receiving Party agrees to take all reasonable security precautions, including precautions at least as great as it takes to protect its own Confidential Information, to protect the secrecy of the Confidential Information. The Confidential Information shall be disclosed only on a need-to-know basis. The Confidential Information includes but is not limited to the services, third party materials, development, design details, specifications, patents, copyrights, trade secrets, proprietary information, methodologies, techniques, sketches, drawings, models, inventions, know-how, processes, algorithms, software programs, and software source documents.

19. Objectionable Material

  1. 19.1. You understand that by using this App or any services provided on the App, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the App or the Website and the Services provided herein at your sole risk and that to the fullest extent permitted under applicable law, 5e and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
  2. 19.2. You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
    1. 19.2.1. belongs to another person and over which You does not have sufficient legal rights;
    2. 19.2.2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. 19.2.3. harm minors in any way;
    4. 19.2.4. infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force;
    5. 19.2.5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    6. 19.2.6. impersonate another person;
    7. 19.2.7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    8. 19.2.8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

20. Indemnity

You agree to defend, indemnify and hold harmless 5e, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to 5e or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms of Use or the Privacy Policy or any negligence by Doctors in dealing with the Patients and / or advising them or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, violation of any third party rights, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This indemnification clause shall survive the expiry or termination of these Terms of Use.

21. Limitation of Liability

  1. 21.1&bsp;5e disclaims all liabilities and claims in respect of the App or the Website and the products displayed therein including any services provided and/or listed on the App, to the fullest extent permitted under applicable law. The products are provided on an ‘as is’ basis. 5e shall not, under any circumstances, bear any costs or be liable for any claims raised by you against the Doctors or against you or against 5e partners.
  2. 21.2. In no event shall 5e be liable, whether in contract, tort (including negligence) or otherwise for any loss of profits, business, contracts, or revenues, loss of operation time, increased costs or wasted expenditure, loss of goodwill or reputation, special, indirect, incidental punitive or consequential damage of any nature whatsoever or howsoever arising out of these Terms of Use.

22. Assignment

You may not assign or transfer any of your rights and obligations to a third party these Terms of Use without the prior written consent of 5e. These Terms of Use will be binding upon and inure to the benefit of your legal successors and permitted assigns.

23. Governing Law, Jurisdiction and Dispute Resolution

  1. 23.1. These Terms of Use and any dispute over or interpretation of its provisions are to be construed in accordance with the laws of India, without regard to its conflict of laws principles. In the event of any dispute or claim associated with these Terms of Use arise, that dispute or claim shall be subject to the exclusive jurisdiction of the competent courts in Bengaluru, India, subject to the subsequent provisions relating to arbitration.
  2. 23.2. In the event of disputes, controversies, differences of opinion and claims arising out of or in connection with these Terms of Use or in any way relating hereto or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, you shall first endeavour to settle such differences, disputes, claims or questions amicably, failing which, the same shall be resolved by a sole arbitration appointed by the parties involved.
  3. 23.3. In the event either party does not agree to appoint a sole arbitrator, then each Party shall have the right to appoint one arbitrator and the two arbitrators appointed by the parties shall appoint the third arbitrator in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996, and the rules thereunder, as amended from time to time.
  4. 23.4.. The official language of the arbitration proceedings shall be English and the same shall be governed by the provisions of the Indian Arbitration and Conciliation Act, 1996, and the rules thereunder, as amended from time to time. The seat and venue for the said arbitration proceedings shall be at Bengaluru and the award passed by the arbitral tribunal shall be final and binding on all parties involved.

24. No Waiver

Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

25. Severability

If any of the Terms of Use, conditions or provisions contained in these terms and conditions are determined by any court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining Terms of Use, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

26. Clarifications

If you have any queries or concerns regarding these Terms of Use, please contact 5e at info@5e.healthcare.