MEDISENSE TERMS AND CONDITIONS

1. INTRODUCTION

1.1 Applicable Terms: Please read the following terms and conditions (“Terms and Conditions”) before accessing or using the website located at www.medisense.me and/or www.medisensehealth.com (each a “Website”), the Medisense mobile application (the “App”) and all associated sites linked to www.medisense.me and/or www.medisensehealth.com ( hereinafter collectively referred to as the “Platforms”) in any way. By accessing the content of the Platforms, you agree to the Terms and Conditions set out herein and also accept our Privacy Policy. If you (“Health Professionals” or “you” or “your”) do not agree to any of the Terms and Conditions you should not continue to use the Platforms and leave immediately.

1.2 Medisense is a limited liability company incorporated in the State of Delaware under the name ‘Medisense Healthcare Solutions LLC’ and having CR No. 6839171 (“Medisense”). Medisense offers web-based health services through its Platforms by health care providers like you through telemedicine. Telemedicine involves the use of electronic communications to enable health care providers such as you at sites remote from patients (“Users”) to provide services.

1.3 You acknowledge that Medisense is not a provider of the Services listed on the Platforms and merely facilitates the Services provided by you to the User.

1.4 For avoidance of doubt, it is clarified that Medisense only acts as an intermediary that facilitates the transactions between you and the User. You are independent contractors and are free to determine your method/ manner of providing the Services under applicable laws. Medisense does not exercise control over you. The relationship between Medisense and you is not that of agent and principal or employee and employer or partners/ joint venture partners.

1.5 Acceptance: This Terms and Conditions constitute a legally binding agreement between you and Medisense. By accessing, installing, downloading, or using the Platforms, you shall be contracting with Medisense and shall be deemed to have read, understood, accepted and agree to be bound to the Terms and Conditions. If these Terms and Conditions (or any part thereof) are not acceptable, such person must not access/use or continue to access/use the Platforms. In any event, Medisense reserves the right to suspend or terminate access to or usage of all or any part of this Platforms at any time, without any liability to you and/or any other person.

1.6 Updates to this Terms and Conditions: Medisense reserves the right to update, change or replace any part of this Terms and Conditions by posting updates and/or changes to the Platforms, with or without notification to you. Any new features or tools which are added to the Platforms shall also be subject to this Terms and Conditions. Any new version of this Terms and Conditions shall take effect and will govern the use of the Platforms and your relationship with Medisense, immediately upon the date of uploading such revised version on the Platforms. The Service Provider’s continued usage/access to the Platforms following the upload of any changes constitutes acceptance of those changes.

2. DEFINITIONS

For the purpose of this Terms and Conditions:

“Account” shall have the meaning ascribed to it under clause 4.1 of this Terms and Conditions.

“Affiliates” shall mean any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity that directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or under common control of Medisense.

“Applicable Law(s)" shall mean all applicable laws, rules, regulations, guidelines, statutory or government notifications of Delaware.

“Data Protection Legislation” shall mean any data protection legislation applicable in the State of Delaware; and (b) General Data Protection Regulation and any other legislation in force from time to time relating to privacy and/or the processing of personal data and applicable to the provision and receipt of Services under these Terms and Conditions.

“Feedback” shall mean any submission of any ideas, suggestions, and/or proposals to Medisense through its suggestion, feedback, wiki, forum or similar pages.

“Health Passport” shall mean an electronic record allotted to each individual User and the members that the User adds to the Account, while he/she registers on the Platforms. This Health Passport shall contain all important health information of the User which is subject to modification or alteration at the sole discretion of the User.

“Services” shall mean the listed services advertised and marketed by Medisense including, but not limited to, (a) Telemedical Services and (b) Telemedicine as required by the User on the Platforms which you shall provide on the Platforms and may or may not accept at its absolute discretion.

“Order” shall mean a request for Services placed by the User on the Platforms.

“Privacy Policy” shall mean Medisense’s privacy policy.

“Service” shall mean services provided by you and other providers as may be determined by Medisense in their sole discretion on the Platforms as identified herein and Annexure 1.

“Terms and Conditions” shall mean these terms and conditions.

"User" or “Customer” shall mean any person who accesses or uses the Services provided by the Platforms.

"We", "we" or "us" or “our” shall mean Medisense.

“Website” shall have the meaning ascribed to it under Clause 1.1. of these Terms.

3. REPRESENTATION AND WARRANTIES

3.1 By use of the Platforms in any manner or taking any action that signifies your acceptance of the Terms and Conditions (including accessing or using the Platforms), or completing the Account registration process, you hereby represent and warrant the following:

1. you have read, understand, and agree to be bound by these Terms and Conditions and any future amendments and additions to these Terms and Conditions as published from time to time on the Platform;
2. you are eighteen (18) years of age or older;
3. you are capable of entering into a legally binding agreement;
4. you are and shall be duly registered, licensed and qualified to practice medicine/provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and you are and shall not be part of any arrangement which will prohibit you from practicing medicine within the territory of your residence. You shall at all times ensure that all the applicable laws that govern you are followed and utmost care shall be taken in terms of the consultation/ services being rendered.
5. you are not barred or otherwise legally prohibited from accessing or using the Platforms under the jurisdiction in which you reside in;
6. you while providing the Services agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while providing the Services;
7. you may only provide the Services using authorized means. It is your responsibility to check to ensure you download the correct application for your device. Medisense is not liable if you do not have a compatible device or if you have downloaded the wrong version of the App for your device. Medisense reserves the right to terminate your use of the Platforms and/or Services should device you use is incompatible with the Platforms.

3.2 By providing the Services on the Platforms, you agree that:

1. you will only provide the Services for lawful purposes;
2. you will not provide the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes;
3. you will not provide any consultation which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
4. you will not advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
5. you will not advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, Facebook, twitter etc., telephone/ mobile numbers, YouTube, and address;
6. you will not sell, license, modify, publicly perform, publish, adapt, copy or distribute the Services or any content displayed through the Services or create derivative works without prior written permission from Medisense;
7. you will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed you can access through the Services except for the purposes as agreed between you and Medisense;
8. the information you provide to us when you register an Account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request;
9. you will keep secure and confidential all User information include information under Health Passports, your Account password or any identification credentials we provide you which allows access to the Services;
10. you will not use the Platforms in any way that could damage, disable, overburden or impair any Medisense server, or the networks connected to any Medisense server;
11. you will not attempt to gain unauthorized access to any part of the Platforms and/or to any service, account, resource, computer system and/or network connected to any Medisense server;
12. you will not deep-link to the Platforms or access the Platforms manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Platforms or any content on the Platforms, unless Medisense has given you permission to do so in writing;
13. you will not copy any content displayed through the Services in any format or medial;
14. you will not conduct any systematic retrieval of data or other content from the Platforms or Services;
15. you will not try to harm other service providers or Users or Medisense, the Platforms or Services in any way whatsoever;
16. you will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Platforms or Services.

4. SERVICE PROVIDER ACCOUNT

4.1 Account Registration:

1. (a) Your account (the “Account”) is only created after you have signed up and explicitly accepted these Terms. You will be asked to provide the below, amongst other details (if applicable):
   1. Your name
   2. Gender
   3. Email address
   4. Phone number
   5. Government ID
   6. Years of experience
   7. Consultation Address
   8. Specialization
   9. Academic Information including qualifications
   10. Work history including institution name, work type, office address, duration etc.
   11. Other information such as areas of interest, professional contribution, research details, publications
   12. Registration History such as the Medical Council registered with, registration number etc.
   13. Location information
   14. Cost of In-person consultation
   15. Contact number
   16. Available timings for tele consultations
   17. Self video verification
2. Upon providing the details as mentioned above, your Account will be created upon Medisense’s approval and will be able to log into your Account with the help of your mobile number or email address and password. You hereby agree to not disclose your Account details to any party unless permitted by law. Even though we undertake to adopt maximum care and caution while dealing with all the personal information you provided with us while registering an Account, we are not responsible for any information loss on our end. You are solely responsible for the safety and security of your Account.
3. You may voluntarily submit, and hereby authorize Medisense, its employees, agents and others operating on its behalf, to use and/or disclose information about you, including, without limitation, certain information that personally identifies you, as further described in the Privacy Policy. You have the right to update any information provided by you during the account registration process anytime as per your discretion. You shall be required to upload copies of documents such as Passport, Medical Council Registration Certificate, qualification certificate etc. for verification purposes. You have the right to refuse to authorize the use and/or disclosure of your personal information in terms of our Privacy Policy. The Privacy Policy explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.
4. Upon logging into your Account, you can view your completed and future appointments by clicking on the tab ‘Appointment’. You can view the number of patients treated, the response rate etc. You can search for a User and an appointment for a User for types of consultation such as “Walk-in-Patient”, “Appointments” and “Video/Audio consultation”, by providing his/her details. You can view the details of your completed appointments, such as patient name, diagnosis, examinations, investigations, his/her health passport, medical reports, medical profile, treatment details etc. Once an appointment is booked, you can view the name of the User and the appointment slot in the list displayed.
5. If you are registering as an institution, it is your responsibility to verify, validate and add accurate details of the service providers working for your institution viz. doctors, allied health professionals etc.
6. Any information provided by you or the User is provided on an as-is basis and Medisense does not validate the said information and makes no representation in connection therewith. You should contact the relevant User in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
7. Under the tab “Health Passport” you can view the names of the Users who were treated and the names of the doctors/institutions they are referred to along with the referred date. The ‘SMS notification’ or ‘push notifications on the app” provided by the Platforms is only a supplementary way of reminding you to consume the services on a timely basis. You can also add posts or video under the “Add Blogs and Video” tab.. Any information posted on the blog should be accurate and not defamatory or derogatory to any community, individual or institution.
8. It is your responsibility to keep your information updated in your Account. The records will be stored to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Medisense is not responsible for any loss or inconvenience caused due to your not updating your contact details on your Account.
9. Medisense uses industry–level security and encryption to your Account. However, Medisense cannot guarantee unauthorized access if you lose your login credentials, or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to medical@medisense.health.
10. In case you want to delete your Account and cease providing Services on the Platform, you can do so by writing to us at medical@medisense.health . This will ensure that your Account and any associated records will be deactivated from the Account. Medisense may choose to maintain the information for its records for legal and compliance purposes for a period of time as stipulated in the Applicable Law.

4.2 Accuracy of Information: You agree that any information you give to us will always be true, accurate, correct, complete and up to date. Any phone number used to register with the Platforms needs to be registered in your name and you might be asked to provide supporting documents to prove the same. You understand and agree that you are responsible for the accuracy of all the information provided by you for providing the Services.

4.3 Unauthorized use of the Account: You agree you will take sole responsibility for any activities or actions under your Account. You shall notify Medisense immediately in case of any breach of security or any unauthorized use of your Account at medical@medisense.health. Although Medisense will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Medisense or such other parties as the case may be, due to any unauthorized use of your account. You agree that you will not misrepresent yourself or represent yourself as another Health Professional/service provider of the Platforms. You hereby expressly acknowledge and agree that you will be liable for any losses, damages (whether direct or indirect) caused to you, Medisense or any others as a result of unauthorized use of your Account. You agree not to create an Account or use the Services if you have been previously removed by Medisense, or if you have been previously banned from providing the Services.

5. RESPONSIBILITIES OF THE HEALTH PROFESSIONALS

5.1 You are responsible for all use of the site and for all use of your credentials (email ID and password), including use by others to whom you have given your credentials. You may not use the site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the site or the services.

5.2 You may not attempt to gain unauthorized access to any of the services, User accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

1. Access, retrieve or index any portion of the site and/or the services for purposes of constructing or populating a searchable database of reviews related to the healthcare industry or providers;
2. Reformat or frame any portion of the web pages that are part of the site and/or the services;
3. Create user accounts by automated means or under false or fraudulent pretenses;
4. Collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
5. Use any means, including software means, to conduct web scraping of any portion of the site, its content or materials, and/or the services.
6. upload or transmit any information, the content of which is an expression of bigotry, racism, defamation or hatred based on age, gender, caste, religion, race, ethnicity, disability or nationality or is in the nature of being derogatory, slanderous, grossly harmful, objectionable, disparaging to any third party.

5.3 You hereby agree to adhere to the following:

1. You shall not use the Platform for emergency situations. You agree and acknowledge that the Platform is a platform for exchange of information regarding general medical consultancy services and should not be used for emergency situations.
2. You acknowledge that the consultations between you and the User are subject to doctor-patient privilege and a doctor-patient relationship is thereby established.
3. You shall not share your personal, religious and/or moral views with the User while providing consultancy services.
4. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates, or violates the intellectual property, publicity, privacy, or other rights of any party.
5. You may not provide any posted information that falsely expresses or implies that such content or material is sponsored or endorsed by Medisense.
6. You understand and agree that Medisense may (but is not obligated to) review and delete any posted information that in the sole judgment of Medisense violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the site and/or other website users.
7. You agree that you will only provide information and feedback that you believe to be true and you will not purposely provide false or misleading information.
8. By posting information on the site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Medisense, and its contractors, have an irrevocable, perpetual, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted information (both Personal Information and feedback) and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such posted information. This license is non-exclusive, except you agree that Medisense shall have the exclusive right to practice this license to the extent of combining your posted information with the posted information of other Medisense users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.

The above is a partial list of the kind of content and communications that are illegal or prohibited on/through the site. Medisense reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the services and terminating the membership of such violators or blocking your use of the services and/or the site.

6. RIGHTS OF MEDISENSE

Medisense may terminate this Agreement at any time in its sole and absolute discretion. Medisense may block, discontinue or prevent your access to the Platforms (either by disabling your username and password or by any other means) at any time in its sole and absolute discretion, for any reason or for no reason. Medisense shall have no obligation at any time to do any of the foregoing. We reserve the right to suspend or terminate your Account and your access to the Services if:

1. any information provided by you proves to be inaccurate, not current or incomplete; and/or
2. if it is believed that your actions may cause legal liability for you, Users, other Service Providers or us; and/or
3. if you are found to be non- compliant with this Terms and Conditions.

7. NO DUTY OF CARE

Any liability arising out of the consultation provided by you will be borne solely by you. The Platform is only a platform interface provided by Medisense for to the Users for consultation purposes. You acknowledge and agree that Medisense is not engaged in the practice of medicine. Medisense disclaims any duty of care. You expressly agree that Medisense owes no duty of care to the Users and that the reliance of your Services provided to the Users is at your sole risk. Medisense expressly disclaims any liability for medical malpractice or any claim arising out of the use of this website or the Platforms, or any claim arising out of any care rendered by a Service Provider as a result thereof. Medisense expressly disclaims any liability for any act or omission done on your behalf. You agree and acknowledge that you alone shall be liable for your dealings and interaction with the Users, his/her representatives or affiliates, and Medisense shall have no liability or responsibility in this regard. Medisense does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by Users or any third party through the Services.

8. PAYMENT AND CANCELLATION POLICY

Under the tab “Payments”, you can see the details of the User and the amount to be paid to you. This shall depend on your consultation fees set by Medisense. You can also view the total amount you have received from the Users along with their payment details such the mode of payment, status, date of payment etc. In the event you observe any discrepancy in any of the payment records, kindly send a mail to medical@medisense.health stating the discrepancy in the payment record along with relevant payment details.

9. FRAUD OR UNAUTHORIZED USE

You will be entirely responsible for any unauthorized access or use of your personal or financial information through your Account, including any loss/ damage or claims suffered/ made against any of the Users or Service Providers and/or Medisense, on account or arising from such unauthorized use/ access. To assist in preventing unauthorized use of your Account, you should comply with the security measures recommended by us. If you believe your Account has been accessed or used in an unauthorized manner, please contact medical@medisense.health . Although Medisense will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Medisense or such other parties as the case may be, due to any unauthorized use of your account

10. USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

10.1. Subject to the terms of this Agreement, Medisense hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the network facilities, content and documentation on and in the Platforms to the extent, and only to the extent, necessary to access and use the Platforms. The use or misuse of the Platforms, except as provided in these Terms and Conditions, is strictly prohibited.

10.2. Any reproduction, retransmission, redistribution, sale, use, rebroadcast, publication or other dissemination, by whatever means or manner, of the content of this website or the Platforms shall constitute a violation of this Agreement and is strictly prohibited. All of the content available on or through the Service is the property of Medisense and is protected by copyright, trademark, trade secret and other intellectual property law.

10.3. Any reproduction, reverse engineering, disassembling, retransmission in any form or by any means (including, but not limited to, electrical, mechanical, photographic, copying, recordation or otherwise), transcription, redistribution, storage in a retrieval system, translation into a computer language or other language, or sale of the Platforms or any portion thereof shall be a violation of the terms and conditions of this Agreement and is strictly prohibited. You agree that the license granted to you herein does not permit any of the foregoing. If any of these terms are violated, it shall amount to immediate termination of your enrollment from the Services and we reserve all rights to take any legal actions against such breach.

10.4. As between the parties, you shall own all right, title and interest in and to all of your data provided to us for the purpose of providing the Services. You grant us an irrevocable, unlimited and royalty-free license to use your personal data provided to us for the purposes of providing the Services. Each party warrants that for the purposes of this Terms and Conditions it shall comply with the provisions of our Privacy Policy.

10.5. The Platforms are owned and operated by Medisense. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of this Platforms provided by Medisense are protected by copyright, patent, and trademark laws of Delaware, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. You agree not to remove, obscure, or alter Medisense’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through this Platforms.

11. INDEMNITY

11.1 You agree to indemnify, save, and hold Medisense, its Affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (a) your use or misuse of the Platforms; (b) any violation by you of these Terms and Conditions; or (c) any breach of the representations, warranties, and covenants made by you herein, or (d) any misrepresentation; or personal bodily injuries, including death, or property damage resulting from your or your personnel’s’, employees’ or agents’ acts or omissions; or (v) unauthorized use of the User data or any other content or materials provided by the User through the Platform. Medisense reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Medisense, including rights to settle, and you agree to cooperate with Medisense’s defense and settlement of these claims. Medisense will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these Terms and Conditions.

11.2 Without prejudice to the generality of the above, Medisense will not be liable for:

1. any wrong medication or treatment quality being given by you, or any medical negligence on your part;
2. any type of inconvenience suffered by the User due to a failure on your part to provide agreed services or to make himself/herself available at the appointed time, no show by you, inappropriate treatment, or similar difficulties;
3. any misconduct or inappropriate behavior by you or your staff;
4. cancellation or rescheduling of booked appointment or any variance in the fees charged;
5. for your conduct and dealings with the User;
6. any medical eventualities upon the User that might occur subsequent to using the services provided by you, whom the User has selected on the basis of the information available on the Platforms or with whom the User has booked an appointment through the Platforms.

12. PRIVACY AND COMMUNICATIONS

12.1 Privacy Policy: Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy and Data Protection Legislation.

12.2 Transfer of Data: Medisense may share your payment-related information with banks, third-party providers, and Partners required for operations, settlement payment processing, and promoting Services.

12.3 Data Protection: Medisense offers the use of secure server for the transactions conducted by Users on the Platforms. All supplied Personal Information is transmitted and encrypted into our payment gateway providers database. Such information is only to be accessible by those authorized with special access rights to such systems and such information is kept confidential. Personal Information shall not be stored on our servers and the usage of the same shall be in compliance with the Data Protection Legislation.

12.4 Your Submissions and Unsolicited Communications: This section concerns communications sent to Medisense. It does not concern the communication of personal information to Medisense in relation to customer enquiries, the use of Services through the Platforms. The latter is governed by the rules stipulated in our Privacy Policy. Any unsolicited communication or material that you transmit to Medisense via the Platforms, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Medisense. By sending communications to Medisense, you automatically grant Medisense a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Medisense and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

13. LIMITATIONS OF LIABILITY

13.1 In no event, Medisense or its Affiliates, contractors, agents, licensors, partners or suppliers (“Indemnified Persons”) will be liable to you or the User for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (a) this Terms and Conditions; (b) the Services, the Platforms; or (c) Your use or inability to use the Platforms, content, materials and functions related thereto even if Medisense or a Medisense authorized representative has been advised of the possibility of such damages; or (d) the Services, User’s provision of information via the Platform, lost business or lost Users; or any actions or omissions on your part. In such cases, Medisense’s liability will be limited to the fullest extent permitted by Applicable Law.

13.2 In no event shall the Indemnified Persons be liable for:

1. provision of or failure to provide all or any service by Healthcare Professionals to Users contacted or managed through the Platform;
2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Platform;
3. any unauthorized access to or alteration of your transmissions or data; or
4. any other matter relating to the Platform or the Service.

13.3 While we make all the effort for providing continuous care for the Users on the Platform, laws operational in the jurisdiction within which the User resides, may prohibit few medicines, treatments and other medical or other related services to be used in this particular jurisdiction. In such cases the Indemnified Persons will not be liable for disruption of services.

13.4 Further, the Indemnified Persons will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platforms.

13.5 We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

13.6 We make no representation or warranty regarding any of your Services nor will we be liable to you for any consequences or claims arising from or in connection with your Services and not limited to, any liability or responsibility for, death, injury or impairment experienced by the User. We also make no representation or warranty with respect to the training or ability or professional qualification of any Service Provider who provides services through the Platforms and that the scope of care will be at your sole discretion, with no guarantee of diagnosis, treatment, or prescription.

13.7 In no event will the Indemnified Persons be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by you to the Users through the Platforms, whether based on warranty, contract, tort (including negligence), or any other legal theory and whether or not we are advised of the possibility of such damages. However, we will attempt to refund any amount paid by the User, at our sole discretion, and our liability in this regard, if any will be limited to just the amount paid by the User with respect to the Services on the Platforms.

13.8 Medisense tries to ensure that the information provided is accurate and complete. However, Medisense does not warrant or represent that the Platforms are accurate, error-free or reliable or that use of the Services will not infringe rights of third parties.

13.9 While we put our best efforts in providing you with a robust application without defects, Medisense does not warrant that the functional and/or technical aspects of the Platforms will be error free or that the servers that make them available are free of viruses or other harmful components. If use of the Platforms results in the need for servicing or replacing property, material, equipment, data or other element, Medisense is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "as is" and "as available" and, to the fullest extent permitted by Applicable Law, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Medisense and its suppliers make no warranties about the Services provided by Medisense, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

13.10 To the fullest extent permitted by Applicable Law, Indemnified Persons shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort or otherwise, even if Medisense has been advised of the possibility of such damages.

13.11 You acknowledge and agree that the Indemnified Persons will not be liable under any circumstances whatsoever, including, but not limited to, direct, indirect, incidental, consequential or punitive damages arising out of the use of or inability to use this website or the Platforms, and/or arising under any law or theory, even if Medisense has been advised of the possibility of such damages. Under no circumstances shall Medisense be liable in any way for your use of the Platforms or any of its content.

13.12 This Clause shall survive the termination of this Terms and Conditions.

14. FORCE MAJEURE

If performance under this Terms and Conditions by Medisense is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, government imposed lockdowns, pandemics, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Platforms, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Medisense and could not have been prevented by reasonable precautions then Medisense shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Medisense of its obligations herein.

15. GOVERNING LAW AND JURISDICTION

This Terms and Conditions shall be interpreted, construed and enforced in all respects in accordance with the laws of Delaware. You irrevocably consent to the exclusive jurisdiction of the courts of Delaware, in connection with any action to enforce the provisions of this Terms and Conditions, to recover damages or other relief for breach or default under this Terms and Conditions, or otherwise arising under or by reason of this Terms and Conditions.

16. WAIVER

The failure of Medisense to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Medisense.

17. SEVERABILITY

If any provision of these Terms and Conditions is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from these Terms and Conditions to the minimum extent required, and the remaining provisions will remain valid and enforceable.

18. ASSIGNMENT

You will not assign any of your obligations under this Terms and Conditions to any third party without prior written consent of Medisense. However, Medisense may assign its rights and responsibilities under this Terms and Conditions to a third party at its own discretion, provided that upon such assignment, Medisense shall inform you of the concerned assignment within a month.