These terms and conditions apply

Please read the following terms ("Terms of Use" or "Terms") and Privacy Policy (as defined below) before accessing, viewing, or using the Platform (as defined below).

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of The Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000 which requires the publishing of the platform's rules and regulations, privacy policy, and user agreement.

It is your responsibility to carefully read these Terms of Use before using or registering on the Website, or accessing any Material, Information or Services through the Website. If you do not agree with these Terms of Use, please do not use the Website.

The definition The term "Platform" refers to both the website (www.bhawanii.com) and the application "Bhawanii"

Through the Platform, the Platform provides a variety of services, including booking consultations, facilitating diagnostic services, providing general advice, selling various products, and providing content as requested by You.

Users may provide any and all information about themselves, including their name, age, sex, address, email, and phone number, as well as the names and ages of their children, when they sign up for the Platform or thereafter.

2.1. General information

Please be advised that these Terms of Use are subject to change by Bhawanii at any time. We kindly ask our Users to carefully review these terms periodically before utilizing our Platform. The updated version of the Terms of Use will be accessible on our Website/Platform. It is recommended that you regularly visit our Platform to stay informed of any revisions. If available, you can also refer to the "Last Updated" date in the document to determine when Bhawanii made changes. Your responsibility includes periodically checking these terms for updates. In certain cases, we may require your consent in order to continue using our Website and Services after any changes have been made. However, if no separate consent is requested, your continued use of the Platform will serve as your acceptance of the revised Terms of Use.

In case of Conflicts:

Any conflict between the Privacy Policy and any other Agreement will be resolved by the Privacy Policy.
For that Service, the Additional Service Terms shall take precedence over any other part of these Terms of Use.
If there is a conflict between these Terms of Use and any other notices, disclaimers, or guidelines appearing on the Website, these Terms of Use shall take precedence.

The services provided

Before availing of any Services, the User must register on the Platform.
In order to take advantage of the Services, the User must make the requisite payment.

Currently, the Platform offers the following Services, which may change in the future:
Booking of consultations with Registered Medical Practitioners ("RMP"), Dietitians, Nutritionists, etc... who are qualified to practice as such in the Indian Territory.
Booking diagnostic services with various service providers.
The above-mentioned booking services and payments are bundled together for ease of use.
The User acknowledges that the Platform solely serves as a mediator and booking platform, and does not guarantee the accuracy of medical advice or information provided by RMP's, Dietitians, and Nutritionists on the Platform. These individuals represent themselves as experts in their fields with necessary qualifications to provide such advice. The User agrees that the Platform is not accountable for any misinformation given by these individuals. Furthermore, the User understands that the Platform is solely an intermediary and booking service for diagnostic services, and does not guarantee the reliability of test results which are guaranteed by the diagnostic service provider under applicable law.

The Platform's Use

The Services are intended for your personal, non-commercial use only and must not be shared with any third party, whether individuals or otherwise. Given the sensitive nature of the Services and their tailored nature to your interactions with the Platform and specific requirements, you may only utilize the advice, prescriptions, and consultations for your own purposes. It is strictly prohibited to share this information with others for their own medical needs or use.

All our Services must be used in accordance with applicable laws, rules and regulations, or any other restrictions on their use.

By using our Platform, you confirm that You are legally able to enter into a binding contract and are not prohibited from accessing our Services and Content according to Indian laws. If You are under 18 years of age, we kindly ask that You review these Terms of Use with a parent or legal guardian. In this case, the Terms of Use will be considered a contract between the Platform and Your parent or legal guardian and will be enforceable against You within the boundaries of applicable laws.

The user's obligations

As a condition of using the Platform, you agree to provide accurate information, both to the Platform and to the RMP/health professional/diagnostic service from which you are engaging. The Customer is solely responsible for any unintended consequences, medical or otherwise, resulting from failing to do so.

Platform, including the Services and Content provided therein, may only be used for purposes permitted by: (a) the Agreements (including these Terms of Use); and (b) any applicable law.

By using the Platform, you acknowledge and adhere to accessing it solely through the designated interfaces provided. Any attempts to use deep-links, robots, spiders, or other automated methods to obtain information or bypass the navigational structure of the Website/Platform are strictly prohibited, as are any efforts to access materials or documents not explicitly available through the Platform.

By using the Platform and/or accessing the Services/Content, you agree to not:
- Host, display, upload, modify, publish, transmit, update or share any information or Content that belongs to someone else without their permission; is harmful, harassing, defamatory, obscene, pornog
raphic, paedophilic, invasive of privacy; encourages illegal activities or is otherwise unlawful; harms minors; impersonates others; threatens national security or friendly relations with other countries.
- Infringe on any patents, trademarks, copyrights or other proprietary rights.
- Engage in activities that disrupt access to the Platform or Services (or connected servers/networks), attempt unauthorized access through hacking or other illegitimate means.
- Probe or scan for vulnerabilities in the Platform or connected networks.
- Use the Platform for purposes prohibited by the Agreement or violate any applicable laws and regulations.
- Falsify author attributions and legal notices within uploaded files.
- Violate codes of conduct and guidelines specific to certain Services.

Use and access of the Platform, its content, and features is subject to the following agreements and undertakings:

You are impersonating someone else.
By automated means or under false or fraudulent pretenses, create User accounts.
Any action that places an unreasonable or disproportionately large load on the Platform's IT infrastructure.
Invade the privacy of any person or other User.
Inform other Users of the Platform of the origin of the messages you post, or communicate any information that is grossly offensive or menacing.
If you use the Platform for any unauthorized marketing or spamming purposes; and
This Platform and any vouchers/coupons purchased through it shall be used only for personal, non-commercial purposes, and may not be resold.
Without the permission of such other person, you agree that you will not create more than one User account or create a User account for anyone other than yourself. As a result of noncompliance with any eligibility requirements for such registration, the Platform may refuse to accept your registration at its sole discretion.
All activities carried out through your User account are your responsibility at all times.
As a platform user, you represent that the information you provide on the Platform, including the User Information, is true and accurate.
As part of the Platform's fulfilment services, third parties, including courier services, are engaged to fulfill your orders. Your relevant information will be shared with them as necessary.
In order to use, access, and transact on the Platform, you shall be solely responsible for maintaining the necessary computer/mobile equipment, internet connections, and other software and technologies. If you purchase and/or use the services, third parties may charge access or data fees to you. These fees are your responsibility.
In order to use our services, Products, Website, downloads, and required functionality, you may need to install updates introduced by us or any third party from time to time. These updates may include bug fixes, patches, enhanced functions, missing plug-ins, or new versions (collectively, "Updates"). If you wish to use the Products or Website you have installed, you must agree to automatically receive updates.
The registration process

It is mandatory for the User to register on the Platform in order to receive the Platform's services. Each User may only create one account on the Platform.
In the case of minors, parents must give their consent to use the Platform and its Services, as they must reach the age of maturity/consent in their country or 18 Years, whichever is higher. It is the User's representation that he or she has all the rights to access the Platform and use the Services provided, and that in the case of minors, the parent/legal guardian has given consent to the use of the Platform.
All activities conducted through the User account are the responsibility of the User.
All information provided by the User at the time of registration shall be accurate and up-to-date. Any consequences resulting from inaccurate information shall be solely the responsibility of the User.
For the purpose of fulfilling your orders placed on the Platform, the Platform engages third-party service providers, including courier services. Your relevant information will be shared with these third parties as necessary.
The use of services

Platforms have the sole discretion to determine the mode of communication between users and RMPs, diagnostic service providers, and health professionals.
To use tele-consultation with service providers registered on the Platform, you must maintain a secure and stable internet connection.
The information you provide about the context, your health condition, and medical condition is accurate, and you agree that it will be included in your health records, diagnosis, prescriptions, or any other documents or records you may create through the Platform during your consultation. In order to maintain its accuracy, you agree to update it.

A further obligation on your part is to comply with all instructions provided by the RMPs, diagnostic service providers, and Health Professionals (as applicable), including health education, counselling, and prescriptions. The Platform, the RMP, diagnostic service providers, and Health Professionals (as applicable) are not liable for any adverse situation/consequences that may result from a deviation from such prescription, health education, and counselling.

The services are not intended to provide emergency care or to address circumstances that require a visit to the casualty/emergency department of a hospital. If there is a medical emergency, you agree not to rely on the Services. A medical emergency requires you to seek urgent and immediate medical care in a nearby physical facility, or with a medical professional who is locally and physically available.

It is your responsibility to comply with applicable laws and our contractual obligations with the RMPs, diagnostic service providers, and health professionals when interacting with them. Platform and Platform facilitate the interaction between you and the RMPs, diagnostic service providers and/or Health Professionals. The Platform and Platform are subject to the following limitations and disclaimers.

It is possible for the Services to offer a range of offerings, both in asynchronous as well as in synchronous formats, accommodating real-time and store-and-forward consultation models. These Terms and other internal Platform policies will also apply to any new modes of communication introduced as and when they are introduced.

Using the contact details you provide, we may contact you through any mode or medium.

Users consent to the Platform and the Services being terminated at any time by the Platform.

Furthermore, the Platform reserves the right to refuse Service/access to any User for any reason, including, but not limited to, non-payment for services.

The content

The User acknowledges that the content on the Platform is for informational purposes only and should not be considered as medical advice without consulting with qualified professionals. The information provided is intended for general use and may not be suitable for everyone. As such, the Platform cannot be held responsible for any changes in lifestyle or medical treatment decisions made based on this information. The Platform holds no liability for your use of this information.

Content on the Platform, including the design, is covered by copyright. The Customer understands and agrees that all intellectual property as on the Platform, including copyright, trademarks, and patents, is owned by the Platform and will be subject to legal action if used unauthorisedly.

You are not allowed to copy, transfer, download or republish any Content on the Website without the explicit permission/licence from the Platform. Any such unauthorized use of Content shall be at the sole risk and liability of the User, and the Platform reserves the right to initiate appropriate legal action against such User.

Services related to bookings

Through the Platform, you can book consultations with RMPs, diagnostic services, and other health professionals.

The Platform serves as a mediator for users, RMP's, diagnostic service providers, and Health Professionals to connect and carry out transactions. Acting as an aggregator, we present the most suitable options for each user based on information provided by all parties involved - including details on specialties, expertise, experience, availability, and location. If a user chooses to engage with any of these professionals listed by us for purposes such as seeking medical advice or making appointments, please note that we are not responsible for any outcomes arising from this communication.

For the provision of this Service, the Platform will accept payments through a third party payment gateway.

Upon booking an appointment, the Platform collects and is required to collect medical information from the User.

As determined by the RMP and the Platform, the Platform will set up an online/telephonic consultation with the RMP/Health Professional.

Ensure that the RMPs, Health Professionals and diagnostic service providers confirm the User's appointments through the Platform. Nevertheless, the Platform shall not be liable in the event that such appointments are cancelled by RMPs, diagnostic service providers, or health instructors.

The User understands and agrees that the Platform is not responsible for any healthcare or medical advice or diagnosis provided by RMP's, diagnostic service providers, and Health Professionals. As such, the Platform will not be held liable for any interactions or associated issues between Users and these parties, including but not limited to: (i) any user interactions; (ii) the ability or intent of these parties to fulfill their obligations towards the Users; (iii) incorrect medication or inadequate treatment administered by RMP's, diagnostic service providers, and Health Professionals; (v) misconduct or inappropriate behavior by these parties or their staff; and (vi) changes in booked appointments or fees charged.

Additionally, diagnostic services shall be subject to the following terms:

As long as the diagnostic service provider offers home collection services, the User can opt to collect samples at home. As per the internal procedures and policies of such diagnostic service provider, the technicians will conduct the home collection process.

The responsibility for (i) fulfilling obligations towards Users during interactions and associated activities and (ii) any issues related to cancellations, no shows, rescheduling or fees charged lies solely with the diagnostic service provider. It is important for Users to note that the Platform does not have control over the procedures of the diagnostic service provider, as they are a third-party. The role of the Platform is simply to facilitate the connection between User and diagnostic service provider. Thus, it is the diagnostic service provider who holds sole liability for conducting the test, analyzing results, and providing a diagnosis in the report. The Platform hereby disclaims all responsibility and excludes all warranties with regard to the information and diagnosis contained in the report generated by the diagnostic service provider. This applies to the fullest extent permitted by law.

Information related to payments

By using the Platform, you agree to provide accurate and up-to-date financial information, such as your credit/debit card details or pre-paid payment instrument account. It is important to note that you should only use your own credit/debit card or pre-paid instrument account in any transaction, as using someone else's without lawful ownership is strictly prohibited. Please rest assured that any information provided by you will be kept confidential and will not be shared with any third party except in cases of fraud verification, legal requirements, or as stated in our Privacy Policy. You are solely responsible for maintaining the security and confidentiality of your credit/debit card details or pre-paid instrument account. The Platform holds no liability for any unauthorized use of these details.

Payment options for Your orders: The Platform may engage third party payment service providers, such as banks, periodically to set up a nodal bank account in accordance with applicable Indian laws. This facilitates payments between Users (i.e. buyers and sellers) and collection of the Platform's fees and other charges. These payment providers could include banks, credit card gateways, payment aggregators, prepaid instruments, cash on delivery services, or mobile payment services authorized by the Reserve Bank of India for collecting, refunding, and remitting payments.

Payments made on the Platform may also be subject to the terms and conditions of Your bank, financial institution, or card issuing association in addition to the Agreement(s). You may not be able to make electronic payments for buying products/Services on the Platform due to your bank, financial institution or card issuer, and the Platform is not responsible for any such decision.

Cancellation and refund policy

A cancellation request made less than 5 hours before the scheduled appointment will be reviewed on a case-by-case basis.

An appointment may be rescheduled up to 5 hours at any time by paying the difference in fee in case of a change of healthcare provider.

In case of a No Show, the Platform shall not be liable and shall not be able to offer any refunds, free reschedulings or extended appointment durations.

Patients will have the option of rescheduling the appointment or receiving a refund if the healthcare provider does not attend the appointment (or does not provide diagnostic services).

Limitation of Liability and Disclaimer of Warranties

Bhawanii provides the Website, Services, Content, User content and any third party content on an "As it is" basis without Warranty of any kind. This includes express, implied, statutory or otherwise implied warranties of Title, Non-Infringement, Merchantability or Fitness for a specific purpose. Bhawanii does not guarantee that the Platform or Content will meet your requirements or be uninterrupted, timely, secure or error-free. It also does not assure that the Results obtained from using the Website or Content will be effective, accurate or reliable. While we strive to meet your expectations in terms of quality, we cannot guarantee it. Additionally, any errors or defects in the Website or Content may not be corrected. Please note that any advice or information obtained from Bhawanii via the Website / Content shall not create any further Warranties beyond those expressly stated in these Terms of Use.

Bhawanii is not liable for any intellectual property rights, libel, privacy, publicity, obscenity, or other legal liabilities arising from User content or third party content to the maximum extent permitted by applicable Law. Any User and / or third party content may be misused, lost, modified or unavailable by Bhawanii at any time.

You expressly understand and agree that, to the maximum extent permitted by applicable law, Bhawanii will not be held liable for any loss resulting from unauthorized use of your Account or Account Information in connection with the Website or any Services. While Bhawanii has made efforts to ensure the correctness of all Information on the Platform, no warranties or representations are made regarding its quality, accuracy, or completeness. Bhawanii shall not be responsible for any delay or inability to use the Platform or related functionalities, nor for any information, software, products, functionalities, and related graphics obtained through the website. This applies regardless of whether the issue arises from a contract, negligence, strict liability, or other factors. Additionally, Bhawanii cannot be held accountable for non-availability of the Platform during maintenance operations or unexpected suspension of access due to technical limitations or circumstances outside of Bhawanii's control. It is understood and agreed that users download material and data from the platform at their own risk and will be solely responsible for any damage or loss resulting from such downloads. Bhawanii is not liable for typographical errors that may render a coupon invalid. Furthermore, no liability is accepted for errors or omissions in any Information provided by either Bhawanii or third

The Platform, its directors, officers, employees, affiliates, agents, contractors, interns or partners will not be held responsible for any harm, loss, claim or damages of any kind resulting from your use of the information provided on the Platform. This includes direct, indirect, incidental, punitive, special or consequential damages such as lost profits or data. This applies whether based on contract, negligence or any other legal basis. The Content is intended for informational purposes only and does not establish a patient-doctor relationship between you and the Platform. We do not guarantee the accuracy or completeness of the information provided on the Platform and make no representation about the qualifications or expertise of those providing the information. The Platform will not be liable for any decisions made or actions taken by you based on this information.

The Platform is only an intermediary and a booking service. The Platform does not provide medical advice, diagnostic tests or reports to the User. As a result, the Platform is not liable to the User for any harm, consequences, or negligence resulting from the professional services provided by the RMPs, diagnostic service providers, or Health Professionals. This agreement and understanding states that the Platform will never be held responsible for the following:-

Interactions between the User and RMPs, diagnostic service providers, and health professionals;

Whether RMPs, diagnostic service providers, and health professionals are able to fulfill their obligations to users or not;

Medical negligence, inappropriate treatment, similar difficulties, or any type of inconvenience suffered by the User as a result of a failure of the RMPs, diagnostic service providers and Health Professionals to provide agreed Services, or any type of medical negligence, inappropriate treatment, or similar difficulties;

Misconduct or inappropriate behavior on the part of RMPs, diagnostic service providers, or health professionals;

Medication or treatment provided by RMP healthcare instructors and diagnosticians

Any cancellations or no-shows by RMPs, diagnostic service providers, and health professionals or rescheduling of appointments.

A user availing of Services does not establish a patient-doctor relationship between the Platform and the user. The Platform is not liable for the negligence of RMP's, diagnostic service providers, and Health Professionals.

The User acknowledges that the online prescriptions, while bearing the Platform's brand, are the property of the RMP who conducted the medical consultation and provided treatment recommendations based on information provided by the User. The RMP holds full liability and responsibility for the diagnosis and advice given in the prescription, while the Platform takes no responsibility for such matters and therefore disclaims any warranties in that regard.

The User acknowledges that third parties are responsible for all diagnostic services, not the Platform itself. The Platform cannot be held accountable for any shortcomings, negligence, incorrect reporting, failure to provide service, or misconduct of these third party providers. Any responsibility or liability for such actions lies solely with the service provider in question. It is the diagnostic center's sole responsibility to ensure accuracy and reliability in the testing and analysis process, as well as the resulting diagnosis detailed in the lab report. The Platform explicitly disclaims and excludes all warranties pertaining to the information and diagnosis found in the lab report.

You agree to indemnify, defend and hold harmless the Platform and its related parties from any and all losses, liabilities, claims, suits, proceedings, penalties and expenses resulting from (i) your breach of the Agreement(s); (ii) third party claims related to your use of the Website; (iii) any damage caused by Third Party Content / content provided by You; or (iv) your infringement on another's rights, including intellectual property.

If the Platform does not fulfill its obligations under these Terms of Use or otherwise, its total and aggregate liability to You shall not exceed the greater of Indian Rupees One Thousand (INR 1000) or the amount of fees paid by You to the Platform under the relevant order to which the liability arises.

Despite anything stated in the Agreement(s), under no circumstances shall the Platform, its subsidiaries or affiliates, and their respective officers, directors, employees, partners or suppliers be held liable for any special, incidental, indirect, consequential, exemplary or punitive damages incurred by You. This includes damages resulting from loss of use, data or profits, regardless of foreseeability or whether the Platform was informed of the potential for such damages. This also applies to any theory of liability such as breach of contract or warranty, negligence or other tortuous action related to Your use of the Platform, Services or Content.

The term and termination of the agreement

The Agreement will continue to apply until either You or the Platform terminates it as set forth below. You may terminate Your agreement with the Platform by closing Your Account for all of the Services you use, where the Platform has made this option available.

You acknowledge that the Platform reserves the right to terminate Your access to the Website and prevent Your future use of the Platform if it determines that You have violated these Terms of Use or any other Agreement(s), without prior notice. Furthermore, You understand that any breach of the Agreement(s) may result in significant harm to the Platform, for which monetary compensation may not be sufficient. As such, You authorize the Platform to seek any necessary injunctive or equitable relief in these situations. These remedies are supplementary to any other legal or equitable options available to the Platform.

Furthermore, the Platform may, at any time, with or without notice, terminate these Terms of Use (or any portion thereof, such as any Additional Terms) with You if:

When the Platform is required to do so by law (for example, if the Services are unlawful or become unlawful), or when law enforcement or other government agencies request it;

According to the Platform, providing the Content/Service to You is no longer commercially viable;

Access to the Website (or any part thereof) has been discontinued by the Platform, with or without cause; or

If the Platform encounters any unexpected technical issues or problems that prevent the Website and/or Content from working.

The Platform reserves the right to terminate or suspend Your Account or access to the Services, with or without reason. This may include (i) removing access to all features and offerings within the Platform, as well as any Content and Services; (ii) disabling access to Your Account Information, including personal information, log-in information, and any related files and materials; and (iii) prohibiting further use of the Platform or access to Content and Services. These actions may be taken in accordance with any applicable Additional Terms.

The Platform shall be solely responsible for any termination of Your Account (and the deletion of Your Account Information), or Your access to the Website and Services, and shall not be liable to You or to any third party.

Despite the above, any terms in this Agreement intended to endure beyond its termination or expiration will remain in effect unless the Platform decides otherwise. The Platform may notify sellers, RMP's, diagnostic service providers, and Health Professionals who have accepted your purchase orders or bookings on the Platform that this Agreement has ended, leading them to cancel the bookings or orders. Additionally, the Platform holds the right to cancel any of your unfulfilled orders on the Platform without any responsibility or liability towards you.

Jurisdiction and governing law

You and the Platform shall be governed by the laws of India in relation to these Terms of Use and all transactions entered into on or through the Platform.

The User agrees that any and all claims, differences, and disputes related to the Platform, these Terms of Use, the Agreement(s), transactions on the Website, or the User's relationship with the Platform shall be subject to the exclusive jurisdiction of the courts at Deoghar, Jharkhand, India. By using the Platform, the User accepts and consents to this jurisdiction. Each party relinquishes any objection to improper venue or forum non conveniens now or in the future. Both parties also agree that a judgment in such legal matters may be enforced in other jurisdictions through a lawsuit or by other means allowed by law. Service of process and any notices regarding this Agreement will be considered valid if given as stated here.

The Report Abuse and Take Down Policy

Should you encounter any abuse or violation of these Terms of Use, become aware of any objectionable content on the Platform, or feel that your intellectual property rights have been violated in any way through the Platform, please contact legal@bhawanii.com.

According to the Information Technology Act, 2000 and the rules made thereunder, the Platform's Grievance Officer should be contacted at legal@bhawanii.com from time to time.

The General Provisions

You will be notified of any changes to these Terms of Use by email or by a general notification on the Platform. Please notify the Grievance Officer at Ms Chitra at legal@bhawanii.com of any notices submitted to the Platform pursuant to these Terms of Use.

In the event that a court with appropriate authority deems any part of the Agreement unenforceable, the remaining provisions will still be in effect. The Platform may adjust the unenforceable provision to make it valid and such changes will be implemented according to the amendment terms outlined in these Terms of Use.

Non-Enforcement: Should a party fail to enforce or exercise a provision of the Agreement, or any related right, it shall not be considered a waiver of that provision or right. The exercise of one or more rights by a party does not mean that other rights or remedies provided for in these Terms of Use, through law, or equity, cannot also be exercised. Any waivers must be in writing and signed by an authorized officer of the waiving party.

If any service or obligation under these Terms of Use or other Agreement is prevented, restricted, delayed, or interfered with due to a Force Majeure Event, the Platform and its third parties may be excused from such performance. A Force Majeure Event includes situations such as labor disputes, natural disasters like floods and earthquakes, shortages of materials, government actions, and similar occurrences beyond the reasonable control of the Platform. During such an event, the Platform will make every effort to continue fulfilling its duties.