Terms and Conditions.

VYTAL | Terms of Service

Last Updated Date: 10 May 2020

Vytal Healthtech Pvt. Ltd (“VYTAL” or “VYTALAPP” or “we” or “us” or its connotations) provides a website (“Website”), and a mobile application (“App”) (together referred to as “Platform”) which is engaged in the service of:

  • Organizing, storing and managing health information related to your healthcare or the healthcare of your children, parents, and loved ones;
  • Connecting and facilitating patients receive permitted consultation and treatment from Registered Medical Professionals; and
  • allied services required to carry out the above; as above through a system

(together the “VYTAL Service(s)” or “Service(s)”). Please read the following terms of service (“Terms”) and our privacy policy available at http://vytalapp.com/privacy.php OF PRI (“Privacy Policy”), which is incorporated by reference into these Terms, before you decide to avail the Services offered by us. Access to the Platform through any medium, including but not limited to mobile phones, smartphones, and tablets, also makes you subjected to these Terms. These Terms supersede all previous oral and written terms and conditions (if any) communicated to you. These Terms govern your access to and use of the VYTAL Services and the text, graphics, images, software, audio, video, information or other materials (“Content”) via the Platform, and constitute a binding legal agreement (“Agreement”) between you and VYTAL. Your use of our Services and your access to our Platform, in whatever order, make you unambiguously party to the applicable provisions of these Terms and the Privacy Policy. You acknowledge and agree that, by accessing or using the VYTAL Services, or by downloading, uploading or posting any content from or on the Platform or through the VYTAL Services, you are indicating that you have read and that you understand and agree to be bound by, these Terms, whether or not you have registered via the Platform.

CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Platform in any manner. By registering, visiting and using the Platform or accepting this Agreement, you represent and warrant to VYTAL that you are 18 years of age or older and that you have the right, authority and capacity to use the Platform and the Services available through the Platform, and agree to and abide by this Agreement. In the event the Services are used on behalf of any other individual (such as a child/ parent etc.), or on behalf of any entity, the Users represent that they are authorized to accept this Terms and provide consent as required on behalf of such person or entity.

CHANGE OF TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Platform so you are aware of any changes, as they are binding on you.

APPLICABILITY OF TERMS

In order to access the Platform and avail the Services, the listing is mandatory on the Platform, and such listing may include needing to be registered on the Platform. The VYTAL Services Platform allows for the listing of, and provides its Services to the following:

  • Registered Medical Professional: A registered medical practitioner under the applicable law wishing to be listed, or already listed, on the Platform, including designated, authorized associates of such practitioners or institutions.
  • End User: A patient, his/her representatives or affiliates, searching for registered medical practitioners through the Platform and taking consultation from the Registered Medical Professional

The Registered Medical Professional(s), End User(s) and visitor(s) of the Platform shall collectively be referred to as “Users”.

Application of these Terms to Registered Medical Professionals ONLY, shall be referred to as such. Application of these Terms to patients, End User, visitor et al. shall be referred to as such. Where such reference is not made, it is deemed that the application of the Terms shall be to all Users.

We shall not be responsible for any loss, damage, injury et al. in relation to and emanating from any listings or disclosures made on the Platform about a Registered Medical Professional and/or an End User.

NO MEDICAL ADVICE

If you are having a medical emergency, contact your healthcare provider immediately.

We do not provide any medical or pharmaceutical advice. We are not health care providers. As a result, the VYTAL Services are not intended to provide medical or pharmaceutical information or replace the advice of a healthcare professional. The VYTAL Services are solely designed to support, not replace, the relationship that exists with any physician, pharmacist, and other healthcare professionals. At no point is there any doctor-patient relationship assumed, deemed or created by and between VYTAL and the Users We take both the protection of your private health information and your ability to control and access such information very seriously, and will only use and disclose your information in accordance with our Privacy Policy.

PROFILES

When you register with us for access to the VYTAL Services and successfully complete the account registration process you will become a User as understood pursuant to these Terms. As a User, you will have the opportunity to create a User profiles for yourself individually, or profiles of your child, parents or other loved one (“Profiles”) and to add information, data, and images to such Profile(s) (“Profile Content”). As an End User, you will have the opportunity to invite third-party caregivers to access the Profiles that you create. If you elect to invite a caregiver to access your Profile(s), that caregiver will receive an invitation to register with VYTAL and will need to complete the account registration process to become a User of Services. In addition, any caregiver that you invite to access your Profile(s) will have full access to all Profile Content within your Profile(s) as well as the ability to add, delete, distribute, download and edit the same. As, a User you agree to provide accurate, current and complete information and update the information regularly to maintain its accuracy. VYTAL reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be offensive, inaccurate, not current or incomplete. You would be required to create a password when you create an account. VYTAL does not have access to your password and in the event you forget your password you would be required to create a new one. You would be responsible for safeguarding your password and agree not to disclose the password to any third party. You will immediately notify VYTAL if you become aware of any unauthorized use of your Account.

Because of the sensitive and private nature of your healthcare and the healthcare of those loved ones on whose behalf you may be creating a Profile, we recommend that you protect the private and sensitive information contained within your Profile(s) and consider carefully whether to permit any caregiver to access your Profiles. All Users are responsible for monitoring the Profile Content uploaded or added to their Profiles, whether uploaded by the Registered Medical Professional, End User, by a caregiver or by other third parties (not applicable to Registered Medical Professionals accessing the Services), to whom details of access are provided.

Please note that you, and not VYTAL, are responsible for maintaining and protecting all Profile Content. VYTAL will not be liable to you for any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content.

ADDITIONAL TERMS

Certain areas of the Platform (and your access to or use of certain aspects of the VYTAL Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions in order to obtain access to or use of that Platform area or VYTAL Service. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Platform or a particular VYTAL Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Platform or particular VYTAL Services, as applicable.

PRIVACY

See VYTAL’s Privacy Policy for information and notices concerning VYTAL’s collection and use of your personal information and the Profile Content you submit.

OWNERSHIP

The Platform, VYTAL Services and the news and other content provided by VYTAL through the same, including the trademarks, trade dress and copyrightable text (collectively, the “VYTAL Content”), are protected by copyright, trademark, and other laws of India and foreign countries and are the proprietary designations of vytalapp.com and Vytal Healthtech Pvt. Ltd. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You acknowledge and agree that the Platform, VYTAL Services and VYTAL Content, including all associated intellectual property rights, are the exclusive property of VYTAL and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, VYTAL Services or VYTAL Content.

As between any User and VYTAL, all Profile Content is and remains the sole and exclusive property of you as the User. VYTAL does not own any Profile Content and its use of the same is subject to these Terms and our Privacy Policy

LICENSE GRANTED BY USER

By making available any Profile Content on or through the VYTAL Services, you hereby grant to VYTAL a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid up right and license to access, use, view, copy, adapt, reformat, and download, such Profile Content only on, through or by means of the VYTAL Services and for the limited purpose of making such Profile Content available to you and any caregivers with whom you choose to share access to one or more of your Profiles via the VYTAL Services and as otherwise set forth in our Privacy Policy. In the event you do elect to make one or more Profile(s) and their corresponding Profile Content available to one or more caregivers, you further grant VYTAL a right to sublicense the Profile Content to such caregiver to allow access to and use of the same as permitted by the VYTAL Services. Although any caregiver is subject to these Terms as a User, we cannot control any use of Profile Content by any caregiver and you are solely responsible for the same and any liability for such access.

You acknowledge and agree that you are solely responsible for all Profile Content that you make available through the VYTAL Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Profile Content that you make available through the VYTAL Services or you have all rights, licenses, consents and releases from your loved one that are necessary to grant to VYTAL the rights in such Profile Content, as contemplated under these Terms, including the provision to VYTAL of Personal Information (as defined in the VYTAL Privacy Policy) submitted to us as part of a Profile; and (ii) neither the Profile Content nor your posting, uploading, publication, submission or transmittal of the Profile Content or VYTAL’s use of the Profile Content (or any portion thereof) on, through or by means of the VYTAL Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

LICENSES GRANTED BY VYTAL TO VYTAL CONTENT AND USER CONTENT

Subject to your compliance with the terms and conditions of these Terms, VYTAL grants you a limited, non-exclusive, non-transferable license to view, download and print any VYTAL Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, download, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, VYTAL Services or VYTAL Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by VYTAL or its licensors, except for the licenses and rights expressly granted in these Terms. Any misuse of the Platform, VYTAL Services or VYTAL Content available via the same may be pursued by VYTAL to the fullest extent permitted by law.

In addition, if you are invited as a caregiver to receive access to one or more Profile(s) by another User(s) subject to your compliance with the terms and conditions of these Terms, VYTAL grants you a limited, non-exclusive, non-transferable license to access and use the Profile Content to which you are granted access by another User. You have no right to sublicense the license rights granted in this section. Unless otherwise agreed between you and the User granting you access to such Profile Content, all Profile Content is deemed to be confidential and you may not publicly disclose, display, distribute, transmit, stream, broadcast or otherwise use or exploit any Profile Content for any purpose other than the lawful provision and assistance of the management of the personal health care of the individual to whom the Profile Content relates

TERMS APPLICABLE TO REGISTERED MEDICAL PROFESSIONALS

The Terms in herein along with the declaration signed by the Registered Medical Professional (“RMP Declaration”) are only applicable between VYTAL and the Registered Medical Professionals

In addition to, and in conjunction with these Terms, Registered Medical Professional shall also be bound to comply including but not limited to the following:

The Information Technology Act, 2000 (“IT Act”), wherever applicable

  • The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “IT Rules”), wherever applicable
  • Telemedicine Practice Guidelines i.e., appendix 5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation), 2002 (the “Telemedicine Guidelines”);
  • Mandatory requirements/directions/information from the applicable State Medical Council (“SMC”) and the Medical Council of India (“MCI”).
  • Drugs & Cosmetics Act, 1940 and Rules 1945
  • The Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation 2002
  • The Indian Medical Council Act, 1956
  • The Clinical Establishment (Registration and Regulation) Act, 2010
  • The Indian Medical Council Act, 1956

The Registered Medical Professional along with their authorized representatives shall be a registered medical practitioner enrolled in the State Medical Register or the Indian Medical Register under the Indian Medical Council Act 1956.

The Registered Medical Professional shall decide whether a technology-based consultation is sufficient or an in-person review is needed without compromising the quality of care.

The Registered Medical Professional agrees and accepts that they shall provide the best possible professional consultation to the End Users through the Platform considering their abidance to their professional ethics irrespective of providing their consultation over the Platform. The Registered Medical Professional accepts and agrees to prescribe only such medicines as specified in the Telemedicine Guidelines if offering telemedicine services and to maintain such health records as prescribed in the Telemedicine Guidelines.

The Registered Medical Professional can choose not to proceed with the consultation of any End-User at any time.

n addition to these Terms and the RMP Declaration, a Registered Medical Professional who is providing his/her/its professional service on the Platform, shall, by being party to these Terms, agree to abide by all applicable requirements of the Telemedicine Guidelines, including but not limited to Section 3 of the Telemedicine Guidelines, and specifically abide by the requirements of the section titled ‘DUTIES AND RESPONSIBILITIES OF A RMP IN GENERAL’. The same may be accessed here https://www.mohfw.gov.in/pdf/Telemedicine.pdf

A Registered Medical Professional shall use the Platform to confer, refer and assist any other Registered Medical Professional if required. Due consideration shall be given to the professional ethics and ethical norms and standards as applicable to traditional in-person care, within the intrinsic limitations of telemedicine, wherever applicable.

VYTAL does not rank Registered Medical Professionals, but provide various search criteria in the best interest of the End User and may adjust the search results algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Registered Medical Professionals. We shall not be liable for any effect on the Registered Medical Professionals' business interests due to the rank of the doctor in the search results.

VYTAL has a right to charge fees for the Services it is providing to the Registered Medical Practitioners (“Service Fees”). Service Fees shall be charged to the Registered Medical Practitioners for the Services that are opted to be taken by them from VYTAL.

TERMS APPLICABLE TO END USERS

Selecting the Registered Medical Professional: The Platform allows End Users to select and schedule appointments with Registered Medical Professionals through the Platform.

VYTAL will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to VYTAL (such as area of specialty and geographical location). Information regarding doctors and health care providers and practice information found on the Platform is intended for general reference purposes only. Such information found on the Platform is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Platform nor VYTAL provides any advice or qualification certification about any particular doctor or healthcare provider. You are encouraged to independently verify any such information you see on the Platform with respect to a doctor or healthcare provider that you seek to make an appointment with.

The End User can choose not to proceed with the consultation of any Registered Medical Professional at any time.

In all cases of emergency, the patient is advised to seek for an in-person interaction with the Registered Medical Professional or any other registered medical practitioner at the earliest. End User acknowledges that the Services provided by VYTAL through the Platform are not a substitute for medical emergency services.

In the event the End User and patient is different: If the patient is a minor (aged 16 or less)or the patient is incapacitated, for example, in medical conditions like dementia or physical disability etc., the End User is deemed to be authorized to consult on behalf of the patient. For any other cases, End User shall have a formal authorization or a verified document establishing his relationship with the patient and/or has been verified by the patient in a previous in-person consult(explicit consult).

End Users understand that they may have the option of uploading health/medical/ professional information on the Platform. Such information may be shared with a Registered Medical Professional, by them or by us. By uploading/sharing/disclosing your medical information on the Platform, you hereby give your consent to VYTAL to store such health/medical information on our servers. VYTAL will retain such medical / health information you upload on the Platform for as long as it is needed to fulfill the service you seek to avail on the Platform. If you delete your account, VYTAL will delete such medical/health information. But please note: (1) there might be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

The End Users understand and accept that the Registered Medical Professionals may exercise their professional autonomy in deciding whether telemedicine versus face-to-face consultation is appropriate.

Although the Registered Medical Professionals are verified by VYTAL, the End Users understand and acknowledge that VYTAL is not responsible for any consultation provided by the Registered Medical Professional to the End User and the results thereof.

Cancellation/ Refund: The cancellation and refunds for any payments made by a Payer shall be as mentioned here. Please write to customer support for the same on the details provided at support@vytalapp.com.

PHARMACY FACILITATION SERVICES

Our Users can request their drug orders refill through Vytal. Vytal sends these orders on your behalf along with the mandatory prescription documents signed by the Registered Medical Professional, from whom the End User has acquired any medical consultation/treatment, to a retail pharmacy located in and licensed under Maharashtra law. This feature is currently in beta testing.

OTHER SERVICES

From time to time, we may present you with offers or promotions we believe to be helpful or relevant, which may be from us at VYTAL or they may be from third parties. Certain offers may require you to share or enter additional information about you or your loved one. You are responsible for managing the information you choose to share. VYTAL is providing the Platform through which these services can be coordinated and managed, and although we do our best to select the highest quality third-party partners and providers, we are not responsible for the choices you make to share your private information or the accuracy or quality of such third party services. In such an instance VYTAL Services act only as a link for you to access those third party services and VYTAL is not a party to, nor are we otherwise involved in any transactions entered into via or facilitated by the VYTAL Services. Furthermore, VYTAL is not liable or responsible for any dispute that arises between you and any third party.

In addition, VYTAL will do its best to enable you to use the VYTAL Service as a singular console through which these third party services may be managed, including facilitating the delivery and receipt of communications between you and your healthcare providers, from pharmacies to physician’s offices. We cannot guarantee that we can or will be able to maintain our relationship with any particular third party. We also are not responsible for any of the service levels, availability or quality of any such connections with third parties, and disclaim any responsibility for errors or miscommunication with the same. To the extent providing other services requires actions on your behalf, you consent to appointing VYTAL as your agent as reasonably needed to facilitate those services.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the VYTAL Services (“Feedback”). You may submit Feedback by emailing us at support@vytalapp.com, or via the Contact Us section on the Platform. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any compensation to you of any kind.

GENERAL PROHIBITIONS

You agree not to do any of the following:

  • Impersonate or misrepresent your affiliation with any person or entity;
  • Collect or store any personally identifiable information, including any Profile Content and/or Personal Information (as defined in the Privacy Policy) from the VYTAL Services from other Users of the VYTAL Services without their express permission;
  • Post, upload, publish, submit or transmit any Profile Content that:
  • infringes, misappropriates or violates a third party’s privacy or any rights of publicity, or any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights;
  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • is fraudulent, false, misleading or deceptive;
  • is defamatory, obscene, pornographic, vulgar or offensive;
  • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
  • promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the Platform, or any individual element within the VYTAL Services or VYTAL Content, or VYTAL’s name, any VYTAL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without VYTAL’s express written consent;
  • Access, tamper with, or use restricted areas of the Platform, VYTAL’s computer systems, or the technical delivery systems of VYTAL’s providers;
  • Attempt to probe, scan, or test the vulnerability of any VYTAL system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by VYTAL or any of VYTAL’s providers or any other third party (including another user) to protect the Platform, VYTAL Services, VYTAL Content or Profile Content;
  • Attempt to access or search the Platform, VYTAL Services or VYTAL Content or download VYTAL Content or Profile Content from the VYTAL Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by VYTAL or other generally available third party web browsers;
  • Use the VYTAL Services or Platform to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a VYTAL trademark, logo URL or product name without VYTAL’s express written consent;
  • Use the Platform, VYTAL Services, VYTAL Content or Profile Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or VYTAL Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or VYTAL Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform or VYTAL Services; or
  • Encourage or enable any other individual to do any of the foregoing.

VYTAL will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. VYTAL may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that VYTAL has no obligation to monitor your access to or use of the Platform or VYTAL Services or to review or edit any Profile Content, but has the right to do so for the purpose of operating the Platform and VYTAL Services, to ensure your compliance with these Terms, and to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

VYTAL reserves the right, at any time and without prior notice, to remove or disable access to any Profile Content that VYTAL, at its sole discretion, considers being in violation of these Terms or otherwise harmful to the Platform or VYTAL Services.

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, VYTAL will have the right to suspend or disable your Account or terminate these Terms and disable access to your Profiles that those Profiles to which you have been permitted access by other Users, at its sole discretion and without prior notice to you. VYTAL reserves the right to revoke your access to and use of the Platform and VYTAL Services at any time, with or without cause. You may cancel your Account at any time by sending an email to support@vytalapp.com.

REFUND AND CANCELLATION POLICY

Vytal Connect portal (the web application for registered doctors), Vytal mobile apps (including Vytal App, Vytal Health Tracker, VCan Prostate app, Vytal Teleconnect), vytal.in and vytalapp.com allow Users ("Payer") to make an online payment for the professional services/consultation/advice delivered by a Registered Medical Practitioner ("Receiver"). Any dispute between Payer and Receiver should be mutually resolved without involving VYTAL. If a Payer demands a full or partial refund of its payment from Receiver, the refund should be directly sought from the Receiver and should be settled between Payer and Receiver directly. VYTAL will be unable to process refunds after the payment has been made by Payer to the Receiver.

WARRANTIES

You warrant and represent to VYTAL that your use of the VYTAL Services, as a User is solely for lawful purposes. Neither the VYTAL Services, nor the Platform, nor any VYTAL Content, nor any Profile Content may be used in any instance for any unlawful purpose.

DISCLAIMERS

The Platform, VYTAL Services and VYTAL Content are provided “AS IS”, without warranty of any kind, either express or implied. Without limiting the foregoing, VYTAL explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. VYTAL makes no warranty that the Platform, VYTAL Services or VYTAL Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. VYTAL makes no warranty regarding the quality of any services or VYTAL Content available from or obtained through the VYTAL Services or the accuracy, timeliness, truthfulness, completeness or reliability of any VYTAL Content or Profile Content obtained through the VYTAL Services. VYTAL will not be held responsible for any unethical, illegal acts performed by the Users and the action of each of the Users shall be their own responsibility solely Profile Content is submitted solely by Users and VYTAL has no responsibility or liability for the truthfulness or accuracy of the same.

No advice or information, whether oral or written, obtained from VYTAL or through the Platform or VYTAL Services, will create any warranty not expressly made herein.

INDEMNITY

You agree to defend, indemnify, and hold harmless VYTAL, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Platform, VYTAL Services, any VYTAL Content or any Profile Content (whether or not it is a Profile you created or otherwise), (ii) any use of our Platform or VYTAL Services for any unlawful or inappropriate conduct, (iv) the infringement by Users of any intellectual property or other rights of any person or entity or (iv) any act or omission by you that constitutes an actual or alleged violation of these Terms.

LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and VYTAL Service, remains with you. Neither VYTAL nor any other person or entity involved in creating, producing, or delivering the Platform or VYTAL Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Platform or VYTAL Services or the inability to use or access a Profile or any specific Profile Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not VYTAL has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will VYTAL’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Platform or VYTAL Services (including without limitation any Pharmacy Assistance) exceed the amounts you have paid to VYTAL for use of the same if you have made any payments to VYTAL for use of the same or one hundred dollars ($100), whichever is greater. The limitations of damages set forth above are fundamental elements of the basis of the bargain between VYTAL and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between VYTAL and you regarding the Platform and VYTAL Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between VYTAL and you regarding the Platform and VYTAL Services. In the event that you have elected to access restricted portions of the Platform or use additional VYTAL Services, which are subject to additional terms and conditions (including without limitation the Pharmacy Assistance), any additional terms and conditions applicable to that portion of the Platform or additional VYTAL Service are expressly included within these Terms as well.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without VYTAL’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. VYTAL may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

APPLICABLE LAW & DISPUTE RESOLUTION

You agree that this Agreement and any contractual obligation between VYTAL and User will be governed by the laws of India. Subject to the what is stated hereinbelow, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, use of the Platform or the Services or the information to which it gives access.

Any dispute, controversy or claim arising out of or in connection with, or relating to, this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act 1996. The seat of the arbitration shall be Mumbai, India, and the arbitration shall be conducted in English. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties and the arbitral award shall be in writing, state the reasons for the award, and be final and binding on the Parties. The cost of arbitration, and specifically the fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides. Neither Party shall disclose the existence, content, or results of any arbitration hereunder without the prior written consent of each of the other Party.

VOID WHERE PROHIBITED

Although the Platform is accessible worldwide, not all features, information, products or services discussed, referenced, provided or offered through or on the Platform are available to all persons or in all geographic locations, or appropriate or available for use outside India. VYTAL reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Platform is void where prohibited. If you choose to access the Platform from outside India, you do on your own initiative and you are solely responsible for complying with applicable local laws.

GENERAL

The failure of VYTAL to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of VYTAL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

CONTACTING VYTAL – USER CUSTOMER SUPPORT

If a User has any questions concerning VYTAL, the Platform, this Agreement, the Services, or anything related to any of the foregoing, VYTAL customer support can be reached at the following email address: support@vytalapp.com

In accordance with the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance with respect to the Platform or the service, including any discrepancies and grievances with respect to the processing of information, you can contact our Grievance Officer at
Grievance Officer: Gunjan Jain
Email ID: gunjan@vytalapp.com