Terms & Conditions
These Terms and Conditions (“Terms”) constitute a legally binding agreement between One Portfolio Advisory Private Limited, including its affiliates, subsidiaries, authorized representatives, service providers, and partners (collectively referred to as the “Company”, “One Health Assist”, “we”, “our”, or “us”) and any person accessing, browsing, registering on, or using the website, mobile application, software platforms, healthcare services, and related digital interfaces operated by the Company (collectively referred to as the “Platform”).
By accessing, browsing, registering on, or using the Platform or Services, including through OTP-based authentication, account registration, or any other mode of access, the user (“User”, “you”, or “your”) acknowledges that the User has read, understood, and agreed to be bound by these Terms and all applicable policies, guidelines, and notices made available on the Platform.
By proceeding with OTP verification, account creation, or continued use of the Platform, the User expressly acknowledges and agrees to the Company’s Privacy Policy, which forms an integral part of these Terms and is available on the Platform.
If the User does not agree to these Terms or the Privacy Policy, the User must immediately discontinue access to and use of the Platform and Services.
These Terms shall govern the User’s access to and use of all Services made available through the Platform, including but not limited to doctor consultations, diagnostics, laboratory services, home sample collection, pharmacy-related services, wellness services, electronic medical records management, subscriptions, healthcare coordination services, and related healthcare facilitation services.
The Platform and Services are intended to operate in accordance with applicable laws, rules, regulations, and industry standards relating to healthcare services, digital platforms, privacy, data protection, and electronic records in India, including the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Digital Personal Data Protection Act, 2023, to the extent applicable.
Eligibility and User Registration
•1.1 The Platform and Services are intended solely for individuals who are competent to contract under applicable law. By accessing or using the Platform, the User represents and warrants that the User is legally capable of entering into a binding agreement and is not prohibited by any applicable law from using the Platform or Services.
•1.2 Where a User accesses or uses the Platform on behalf of another individual, including a family member, dependent, patient, organization, or entity, such User represents and warrants that the User possesses all necessary authority, authorization, and consent to act on behalf of such individual or entity and to provide information relating thereto.
•1.3 In order to access certain features or Services available through the Platform, the User may be required to register and create an account with the Company. The User agrees to provide accurate, complete, current, and updated information during the registration process and throughout the period of use of the Platform.
•1.4 The Company may verify User identity through mobile number verification, One-Time Password (“OTP”) authentication, email verification, or such other verification mechanisms as may be considered necessary by the Company from time to time.
•1.5 The User shall be solely responsible for maintaining the confidentiality and security of account credentials, login information, OTPs, devices, passwords, and other authentication mechanisms associated with the User account. The User agrees to immediately notify the Company of any unauthorized access, suspected breach of security, misuse of account credentials, or unauthorized use of the User account.
•1.6 The Company reserves the right, at its sole discretion, to refuse registration, suspend or terminate accounts, request additional verification information, or restrict access to the Platform where the Company reasonably believes that the information provided by the User is inaccurate, misleading, fraudulent, incomplete, unauthorized, or in violation of applicable law or these Terms.
•1.7 The User acknowledges and agrees that the Company shall not be liable for any loss, damage, unauthorized activity, or consequences arising from the User’s failure to maintain the confidentiality and security of account credentials or from unauthorized use of the User account
•1.8 Where the Platform or Services are accessed for or on behalf of minors, dependents, patients, senior citizens, or individuals lacking legal capacity, the User represents and warrants that such access, registration, consent, submission of information, and use of Services is undertaken with lawful authorization, parental consent, guardian consent, caregiver authorization, or other legally valid authority as required under applicable law. The Company does not knowingly permit unlawful profiling, behavioural monitoring, or prohibited tracking activities relating to minors in violation of applicable law.
Scope of Services
2.1 The Platform is a technology-enabled healthcare facilitation platform that enables Users to access and avail various healthcare, wellness, diagnostic, pharmacy-related, consultation, electronic medical record management, and allied support services made available through the Platform. The Services offered through the Platform may include, without limitation:
- a. booking and scheduling of medical consultations;
- b. access to independent healthcare professionals and medical practitioners;
- c. diagnostic test bookings and laboratory coordination services;
- d. home sample collection services;
- e. access to pharmacy-related and prescription facilitation services;
- f. maintenance and management of electronic medical records and health-related information;
- g. wellness, preventive healthcare, and health monitoring services;
- h. healthcare coordination, support, subscription, and assistance services; and
- i. such other healthcare-related or technology-enabled services as may be introduced by the Company from time to time.
2.2 The User acknowledges and agrees that the Company acts primarily as an intermediary technology platform facilitating access to healthcare-related services offered by independent healthcare professionals, laboratories, pharmacies, diagnostic centers, wellness providers, and other third-party service providers.
2.3 The Company does not independently provide medical treatment, medical diagnosis, emergency healthcare services, pharmaceutical manufacturing, laboratory testing, or clinical services unless expressly stated otherwise.
2.4 The availability of Services may vary depending upon geographical location, healthcare provider availability, operational constraints, applicable laws, regulatory requirements, technical limitations, and other factors beyond the reasonable control of the Company.
2.5 The Company reserves the right, at its sole discretion and without prior notice, to add, modify, suspend, discontinue, restrict, or withdraw any part of the Platform or Services, either temporarily or permanently, without incurring any liability to the User or any third party.
2.6 Nothing contained on the Platform shall be construed as creating any physician-patient relationship, fiduciary relationship, partnership, agency, employment relationship, or joint venture between the Company and any User or healthcare service provider, except to the extent expressly required under applicable law.
2.7 Automated Systems and Technology-Enabled Features The Platform may utilize automated systems, algorithms, artificial intelligence-enabled tools, machine learning technologies, analytics systems, workflow automation tools, software-based recommendation systems, communication automation systems, and other technology-enabled processing mechanisms in connection with the operation of the Platform and provision of Services. Such systems may be used for purposes including healthcare coordination, appointment management, communication facilitation, operational analytics, wellness insights, service optimization, fraud prevention, platform security, customer support, reporting, workflow management, and other operational or healthcare-support purposes. Any automated outputs, wellness insights, reminders, summaries, analytics, recommendations, notifications, or technology-generated information made available through the Platform are intended solely for informational, operational, facilitation, or wellness-support purposes and shall not independently constitute medical advice, diagnosis, treatment recommendations, emergency healthcare services, or clinical decision-making unless expressly stated otherwise. Users are advised to consult qualified healthcare professionals before relying upon any healthcare-related information or outputs generated through automated or technology-enabled functionalities of the Platform
User Obligations and Responsibilities
•3.1 The User agrees to access and use the Platform and Services only for lawful purposes and in accordance with these Terms, applicable law, and all applicable regulations, guidelines, and policies governing the use of healthcare and digital services.
•3.2 The User represents, warrants, and undertakes that all information, data, records, documents, prescriptions, reports, consents, and other materials submitted, uploaded, shared, or communicated through the Platform shall be true, accurate, complete, current, lawful, and not misleading in any manner.
•3.3 The User shall be solely responsible for ensuring the accuracy and completeness of medical history, health-related information, prescriptions, diagnostic reports, allergy information, medication details, insurance information, and other healthcare-related records provided through the Platform
3.4 The User agrees not to:
- a. use the Platform in any manner that violates applicable law, public policy, or the rights of any third party;
- b. impersonate any person or entity or falsely represent identity, affiliation, authorization, or credentials
- c. submit false, inaccurate, fraudulent, misleading, defamatory, obscene, unlawful, or unauthorized information through the Platform;
- d. interfere with, disrupt, compromise, damage, or adversely affect the integrity, security, functionality, performance, or operation of the Platform or Services;
- e. attempt unauthorized access to any systems, accounts, servers, databases, networks, or information connected with the Platform;
- f. use automated systems, bots, scraping tools, scripts, malware, or other unauthorized technologies to access or interact with the Platform;
- g. misuse prescriptions, medical records, consultation services, healthcare information, promotional offers, subscriptions, or any Services provided through the Platform;
- h. engage in fraudulent transactions, payment abuse, chargeback abuse, or other unlawful financial activities through the Platform;
- i. upload or transmit any material containing viruses, malicious code, harmful software, or other technologically harmful components; or
- j. use the Platform in any manner that may harm the reputation, goodwill, legal interests, operations, healthcare partners, employees, or Users of the Company.
3.5 The User acknowledges and agrees that healthcare decisions, treatment choices, medication usage, interpretation of medical advice, and reliance upon consultations or healthcare information obtained through the Platform shall remain the sole responsibility of the User and the relevant healthcare professional.
3.6 The User shall be solely responsible for maintaining the confidentiality and security of account credentials, passwords, OTPs, devices, and account access information associated with the Platform.
3.7 The Company reserves the right to suspend, restrict, terminate, investigate, or take appropriate legal action against any User who violates these Terms, applicable law, or the security and integrity of the Platform or Services.
Medical Services Disclaimer
4.1 The User acknowledges and agrees that the Platform is a technology-enabled healthcare facilitation platform and that the Company does not independently practice medicine, provide medical advice, diagnose medical conditions, prescribe treatment, operate pharmacies or laboratories, or provide emergency healthcare services unless expressly stated otherwise.
4.2 Medical consultations, healthcare opinions, diagnostic services, prescriptions, laboratory reports, wellness recommendations, treatment advice, and other healthcare-related services made available through the Platform may be rendered by independent healthcare professionals, laboratories, pharmacies, diagnostic centers, hospitals, wellness providers, or other third-party healthcare entities. Healthcare professionals offering teleconsultation or digitally enabled healthcare services through the Platform shall remain independently responsible for complying with applicable medical, professional, ethical, licensing, telemedicine, and regulatory requirements, including the Telemedicine Practice Guidelines issued by the applicable regulatory authorities in India, where applicable.
4.3 The Company does not endorse, guarantee, warrant, or assume responsibility for the accuracy, adequacy, quality, reliability, appropriateness, legality, validity, or effectiveness of any medical advice, diagnosis, consultation, treatment, prescription, healthcare service, laboratory report, or healthcare recommendation provided by any independent healthcare professional or third-party service provider accessed through the Platform.
4.4 The User acknowledges that all healthcare decisions, treatment choices, medication usage, interpretation of diagnostic reports, and reliance upon healthcare information obtained through the Platform shall be undertaken solely at the User’s discretion and risk and in consultation with qualified medical professionals where necessary.
4.5 The Platform and Services are not intended for medical emergencies or urgent healthcare situations. In the event of any medical emergency, the User must immediately contact appropriate emergency medical services, hospitals, or qualified healthcare professionals.
4.6 The Company shall not be liable for any injury, illness, adverse medical outcome, treatment complication, delay in diagnosis, prescription error, healthcare negligence, laboratory discrepancy, medical misinterpretation, or other consequence arising out of or relating to the acts, omissions, professional judgment, services, or conduct of independent healthcare professionals or third-party healthcare service providers.
4.7 Nothing contained on the Platform shall be construed as creating a doctor-patient relationship between the Company and the User.
Payments, Pricing, and Refunds
5.1 The User agrees to pay all fees, charges, subscriptions, consultation fees, diagnostic charges, pharmacy-related charges, convenience fees, taxes, and other applicable amounts associated with the Services availed through the Platform in accordance with the pricing displayed or otherwise communicated at the time of booking or transaction.
5.2 All payments made through the Platform shall be processed through authorized payment gateway service providers, banking partners, or financial institutions engaged by the Company. The User agrees to provide accurate and complete payment-related information and authorizes the Company and its payment processing partners to process transactions in connection with the Services availed by the User.
5.3 The Company reserves the right to revise, modify, update, or change pricing, subscription plans, service charges, convenience fees, discounts, promotional offers, or payment terms at any time without prior notice, subject to applicable law.
5.4 The User acknowledges that certain Services may be subject to separate pricing policies, cancellation charges, consultation fees, partner-specific terms, laboratory policies, pharmacy policies, or healthcare provider terms, which may be communicated at the time of booking or availing such Services.
5.5 Refunds, cancellations, rescheduling requests, and reversals shall be governed by the Company’s applicable cancellation and refund policies, as may be updated from time to time.
5.6 The Company reserves the right to deny, withhold, reverse, or cancel refunds in circumstances including, without limitation:
a. completed consultations, completed healthcare services, or fulfilled orders;
b. misuse or abuse of promotional offers, discounts, subscriptions, or payment systems;
c. fraudulent transactions or suspected unauthorized activities;
d. violations of these Terms or applicable law; or
e. circumstances where refunds are restricted under applicable healthcare, pharmacy, laboratory, or partner policies.
5.7 Refund timelines may vary depending upon the payment method, banking systems, payment gateway providers, financial institutions, healthcare partners, and operational processes involved.
5.8 The Company shall not be liable for any delay, failure, interruption, deduction, or error attributable to payment gateway providers, banks, financial institutions, telecommunication systems, or third-party payment processing systems beyond the reasonable control of the Company.
5.9 The User agrees that all applicable taxes, levies, duties, governmental charges, and statutory deductions associated with transactions undertaken through the Platform shall be borne by the User unless expressly stated otherwise.
Intellectual Property Rights
6.1 All rights, title, and interest in and to the Platform, including its software, technology, source code, object code, user interfaces, designs, layouts, graphics, logos, trademarks, service marks, trade names, content, text, databases, compilations, audiovisual material, features, functionalities, and all related intellectual property rights, whether registered or unregistered, shall vest solely and exclusively in the Company or its licensors, partners, or authorized content providers.
6.2 Nothing contained in these Terms shall be construed as transferring, assigning, licensing, or granting any ownership rights or proprietary interests in the Platform or any intellectual property associated therewith to the User, except for the limited, revocable, non-exclusive, non-transferable right to access and use the Platform strictly in accordance with these Terms.
6.3 The User shall not, directly or indirectly:
a. copy, reproduce, modify, distribute, publish, display, transmit, perform, republish, license, sublicense, sell, commercialize, reverse engineer, decompile, disassemble, adapt, create derivative works from, or exploit any portion of the Platform or its content without prior written authorization from the Company;
b. remove, obscure, alter, or tamper with any copyright, trademark, proprietary notice, disclaimer, or other intellectual property notice displayed on the Platform;
c. use the trademarks, logos, brand names, trade dress, domain names, or other proprietary identifiers of the Company without prior written consent; or
d. use the Platform or any content available thereon for commercial exploitation, competitive analysis, unauthorized data extraction, or unlawful purposes.
6.4 Any feedback, suggestions, recommendations, ideas, enhancement requests, reviews, comments, or other submissions voluntarily provided by the User relating to the Platform or Services may be used by the Company without restriction or obligation, and the User hereby grants the Company a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, adapt, publish, distribute, and incorporate such submissions for lawful business purposes.
6.5 All third-party trademarks, healthcare provider names, logos, service marks, and content displayed on the Platform shall remain the property of their respective owners, and their inclusion on the Platform shall not be construed as granting any rights or licenses to the User.
Prohibited Activities
7.1 The User agrees not to engage in any activity that may compromise the security, integrity, functionality, availability, legality, reputation, or proper operation of the Platform or Services. Without prejudice to the generality of the foregoing, the User shall not, directly or indirectly:
a. access or use the Platform in violation of applicable law, regulatory requirements, professional standards, or these Terms;
b. impersonate any person, healthcare professional, entity, organization, or falsely represent affiliation, authorization, identity, or credentials;
c. submit false, misleading, fraudulent, forged, unlawful, defamatory, obscene, offensive, harmful, or unauthorized information, documents, prescriptions, reports, or content through the Platform;
d. attempt to gain unauthorized access to any account, server, database, system, network, application, infrastructure, or information associated with the Platform;
e. interfere with, disrupt, damage, disable, overburden, impair, or compromise the security, functionality, stability, or performance of the Platform or any connected systems or networks;
f. introduce or transmit viruses, malware, ransomware, spyware, malicious code, harmful scripts, bots, automated tools, or other technologically harmful material through or in connection with the Platform;
g. scrape, crawl, extract, harvest, copy, monitor, or collect data, content, or information from the Platform through automated means or unauthorized technologies;
h. misuse consultations, prescriptions, laboratory services, promotional offers, discounts, subscriptions, payment systems, referral programs, or healthcare services made available through the Platform;
i. engage in fraudulent transactions, payment abuse, refund abuse, chargeback abuse, or unauthorized financial activities;
j. use the Platform to transmit unsolicited communications, spam, advertisements, chain messages, phishing attempts, or unlawful promotional material;
k. infringe the intellectual property rights, confidentiality rights, privacy rights, contractual rights, or other legal rights of the Company or any third party;
l. attempt to reverse engineer, decompile, disassemble, copy, replicate, or create derivative works of the Platform or its underlying technology; or
m. engage in any conduct that may harm the reputation, goodwill, legal interests, healthcare partners, employees, Users, operations, or business interests of the Company.
7.2 The Company reserves the right, at its sole discretion and without prejudice to any other legal remedies available, to suspend, restrict, terminate, investigate, report, or take appropriate legal action against any User engaged in prohibited activities or violations of these Terms or applicable law.
Privacy and Data Protection
8.1 The Company may collect, receive, store, process, use, disclose, transfer, and otherwise handle personal data and health-related information of Users in connection with the operation of the Platform and provision of Services. For the purposes of applicable data protection laws, the Company may act as a data fiduciary, intermediary, technology platform, processor, service provider, or equivalent responsible entity depending upon the nature of the Services, healthcare workflows, contractual arrangements, and processing activities undertaken through the Platform.
8.2 The collection, processing, storage, sharing, retention, disclosure, and protection of personal data and health-related information shall be governed by the Company’s Privacy Policy, which is incorporated into and forms an integral part of these Terms.
8.3 By accessing or using the Platform or Services, including through OTP-based authentication, account registration, or submission of personal or health-related information, the User expressly acknowledges and agrees to the terms of the Privacy Policy and consents to the processing of information in the manner described therein.
8.3A Communications Consent
The User acknowledges and agrees that the Company, its healthcare partners, service providers, authorized representatives, communication partners, or technology service providers may send transactional, operational, healthcare-related, security-related, service-related, promotional, educational, or engagement communications through SMS, calls, WhatsApp, email, push notifications, in-app notifications, or other electronic communication modes in connection with the Platform or Services, subject to applicable law.
The User further acknowledges that certain healthcare-related, operational, transactional, authentication, appointment-related, prescription-related, security-related, or service-related communications may be sent notwithstanding any registration under Do Not Disturb (“DND”) preferences to the extent permitted under applicable law.
8.4 The User further acknowledges and agrees that certain health-related information, medical records, prescriptions, consultation records, diagnostic reports, and other sensitive personal data may be shared with independent healthcare professionals, laboratories, pharmacies, diagnostic centers, payment service providers, technology partners, and other authorized third parties strictly for the purposes of providing Services, complying with legal obligations, maintaining Platform functionality, and facilitating healthcare coordination. Such processing, storage, transmission, or handling of information may involve the use of cloud infrastructure, software systems, technology service providers, communication systems, or authorized entities located within or outside India, subject to applicable law and reasonable safeguards implemented by the Company.
8.5 The Company undertakes to implement reasonable administrative, technical, operational, and organizational safeguards designed to protect personal data and health-related information in accordance with applicable law and reasonable security practices.
8.6 The User acknowledges that no electronic transmission, digital storage system, internet-based platform, or security infrastructure can be guaranteed to be completely secure or immune from unauthorized access, cyber threats, technical failures, or security incidents. Accordingly, while the Company endeavors to protect User information, the Company does not guarantee absolute security of any information transmitted to or stored through the Platform. Notwithstanding suspension, termination, deactivation, consent withdrawal, or discontinuation of Services, the Company may retain certain information, records, logs, healthcare-related information, transaction records, audit trails, consent records, communication records, or other information where reasonably required for legal compliance, regulatory obligations, fraud prevention, dispute resolution, audit preservation, cybersecurity purposes, establishment or defence of legal claims, healthcare coordination, or other lawful purposes permitted under applicable law.
8.7 Users are advised to carefully review the Privacy Policy available on the Platform to understand the Company’s data collection, usage, retention, disclosure, security, and grievance handling practices.
8.8 Users may exercise certain rights relating to their personal data and health-related information in accordance with applicable law and the Company’s Privacy Policy, including rights relating to access, correction, updating, consent withdrawal, grievance redressal, account management, and other rights available under applicable data protection laws.
Suspension and Termination
9.1 The Company reserves the right, at its sole discretion and without prior notice, to suspend, restrict, deactivate, terminate, or otherwise limit the User’s access to the Platform or Services, either temporarily or permanently, in the event of:
a. any violation or suspected violation of these Terms, the Privacy Policy, applicable law, regulatory requirements, or applicable healthcare-related guidelines;
b. submission of false, inaccurate, misleading, fraudulent, unauthorized, or incomplete information by the User;
c. misuse of the Platform, healthcare services, prescriptions, consultations, payment systems, promotional offers, subscriptions, or other Services;
d. unauthorized access attempts, security breaches, suspicious activity, fraudulent transactions, or conduct that may compromise the integrity, security, functionality, or reputation of the Platform;
e. infringement of intellectual property rights, confidentiality obligations, privacy rights, or legal rights of the Company or any third party;
f. requests or directions issued by governmental authorities, regulatory bodies, law enforcement agencies, courts, healthcare authorities, or competent legal forums; or
g. any conduct which, in the Company’s reasonable opinion, may expose the Company, healthcare partners, Users, employees, service providers, or third parties to legal, operational, reputational, financial, or security risks.
9.2 The Company may also suspend, discontinue, modify, restrict, or withdraw any part of the Platform or Services for maintenance, upgrades, technical reasons, operational requirements, security purposes, business decisions, regulatory compliance, or circumstances beyond the reasonable control of the Company.
9.3 The User may discontinue use of the Platform or request deactivation or deletion of the User account in accordance with the procedures communicated by the Company from time to time.
9.4 Suspension, termination, or discontinuation of access to the Platform shall not affect any rights, obligations, liabilities, disclaimers, indemnities, limitations of liability, payment obligations, retention rights, dispute resolution provisions, or other provisions which by their nature are intended to survive termination.
9.5 The Company shall not be liable for any loss, damages, inconvenience, inability to access records, interruption of Services, or consequences arising from suspension, restriction, termination, or discontinuation of the Platform or Services in accordance with these Terms.
Indemnification
10.1 The User agrees to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, directors, officers, employees, agents, representatives, consultants, licensors, healthcare partners, service providers, successors, and assigns from and against any and all claims, actions, proceedings, liabilities, losses, damages, penalties, costs, expenses, demands, fines, settlements, judgments, or expenses of whatsoever nature, including reasonable legal fees and litigation costs, arising out of or relating to:
a. the User’s access to or use of the Platform or Services;
b. any violation or breach of these Terms, the Privacy Policy, applicable law, regulatory requirements, or third-party rights by the User;
c. any false, inaccurate, misleading, unlawful, unauthorized, or fraudulent information, documents, prescriptions, reports, records, or content submitted or shared by the User through the Platform;
d. misuse of healthcare services, consultations, prescriptions, laboratory services, diagnostic reports, payment systems, subscriptions, promotional offers, or any Services made available through the Platform;
e. infringement or alleged infringement of intellectual property rights, privacy rights, confidentiality obligations, contractual rights, or other legal rights of any third party by the User;
f. unauthorized access to or misuse of the User’s account, credentials, OTPs, passwords, devices, or authentication mechanisms due to the User’s acts, omissions, negligence, or misconduct;
g. any disputes, claims, complaints, or proceedings arising between the User and any independent healthcare professional, laboratory, pharmacy, diagnostic center, insurer, wellness provider, or third-party service provider accessed through the Platform; or
h. any negligent act, misconduct, unlawful activity, fraudulent conduct, or omission attributable to the User.
10.2 The Company reserves the right, at its own cost and discretion, to assume exclusive control and defence of any matter otherwise subject to indemnification by the User, and the User agrees to cooperate fully with the Company in the defence of such claims or proceedings.
10.3 The obligations contained in this Clause shall survive suspension, termination, discontinuation, or expiry of the User’s access to the Platform or Services.
Limitation of Liability
11.1 To the fullest extent permissible under applicable law, the Company, its affiliates, subsidiaries, directors, officers, employees, agents, licensors, healthcare partners, service providers, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or remote damages, losses, liabilities, claims, costs, or expenses arising out of or relating to the access to, use of, inability to use, or reliance upon the Platform or Services.
11.2 Without prejudice to the generality of the foregoing, the Company shall not be liable for any damages, losses, or liabilities arising from or relating to:
a. medical consultations, treatment decisions, healthcare advice, prescriptions, diagnostic reports, laboratory services, pharmacy services, or healthcare outcomes provided by independent healthcare professionals or third-party healthcare service providers;
b. interruption, suspension, delay, inaccuracy, unavailability, malfunction, or failure of the Platform, servers, systems, communication networks, software, applications, or technology infrastructure;
c. unauthorized access, hacking, data breaches, cyberattacks, malware incidents, interception of information, or security failures beyond the reasonable control of the Company;
d. acts, omissions, negligence, misconduct, deficiencies, or failures attributable to healthcare professionals, laboratories, pharmacies, payment gateway providers, insurers, logistics providers, telecommunications providers, internet service providers, or other third parties;
e. inaccuracies, incompleteness, delays, or errors in healthcare information, prescriptions, reports, medical records, user-submitted information, or third-party content;
f. misuse of account credentials, OTPs, passwords, devices, authentication systems, or unauthorized access resulting from the User’s failure to maintain account confidentiality;
g. cancellation, rescheduling, delay, unavailability, or non-fulfillment of appointments, consultations, healthcare services, or orders; or
h. force majeure events including natural disasters, pandemics, governmental actions, strikes, labor disputes, network outages, cyber incidents, technical failures, or events beyond the reasonable control of the Company.
11.3 The User acknowledges and agrees that the Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether relating to accuracy, reliability, merchantability, fitness for a particular purpose, uninterrupted availability, or non-infringement.
11.4 To the extent permissible under applicable law, the aggregate liability of the Company arising out of or relating to the Platform or Services shall not exceed the amount actually paid by the User to the Company for the specific Service giving rise to the claim during the three (3) months immediately preceding the occurrence of the event giving rise to such liability.
11.5 Nothing contained in these Terms shall exclude or limit any liability that cannot be lawfully excluded or limited under applicable law.
Governing Law and Dispute Resolution
12.1 These Terms shall be governed by, construed, and interpreted in accordance with the laws of India, without regard to principles relating to conflicts of laws.
12.2 Any dispute, controversy, claim, difference, or legal proceeding arising out of or relating to these Terms, the Privacy Policy, the Platform, the Services, the relationship between the User and the Company, or any rights or obligations arising therefrom shall, to the extent possible, first be attempted to be resolved amicably through good faith discussions between the parties.
12.3 In the event that any dispute is not resolved amicably within a reasonable period, such dispute shall be subject to the exclusive jurisdiction of the competent courts situated at Mumbai, Maharashtra, India.
12.4 Nothing contained in these Terms shall prevent the Company from seeking interim, injunctive, equitable, protective, or other appropriate relief before any court, tribunal, regulatory authority, or competent forum having jurisdiction, where such relief is necessary to protect the rights, interests, confidentiality, intellectual property, operations, security, or legal position of the Company.
12.5 The User irrevocably agrees to submit to the exclusive jurisdiction of the courts located at Mumbai, Maharashtra, India and waives any objection relating to jurisdiction, venue, or forum convenience to the extent permissible under applicable law.
Modification of Terms
13.1 The Company reserves the right, at its sole discretion and at any time, to modify, amend, revise, update, supplement, or replace these Terms, the Platform, the Services, or any policies, guidelines, notices, or procedures associated therewith, in whole or in part, in order to reflect changes in applicable law, regulatory requirements, healthcare practices, operational processes, business models, technology standards, security requirements, or service offerings.
13.2 Any revised or updated version of these Terms shall become effective upon publication on the Platform or upon such other effective date as may be specified by the Company.
13.3 The Company may, at its discretion, notify Users of material changes to these Terms through the Platform, email communications, SMS communications, application notifications, or other reasonable means of communication. However, the User acknowledges that it shall remain the User’s responsibility to periodically review these Terms to remain informed of any modifications or updates.
13.4 The User’s continued access to or use of the Platform or Services following the publication or communication of revised Terms shall constitute the User’s acknowledgment and acceptance of such revised Terms to the extent permitted under applicable law.
13.5 Where required under applicable law, the Company may seek additional consent or acknowledgment from Users in relation to material changes affecting the rights, obligations, processing of information, or use of the Platform or Services.
General Provisions
14.1 Entire Agreement: These Terms, together with the Privacy Policy and any other policies, guidelines, notices, disclaimers, or terms made available on the Platform, constitute the entire agreement between the User and the Company with respect to access to and use of the Platform and Services and supersede all prior communications, understandings, arrangements, representations, or agreements, whether oral or written, relating thereto.
14.2 Severability: If any provision of these Terms is held to be invalid, unlawful, unenforceable, or contrary to applicable law by any competent court or authority, such provision shall be deemed severable and the remaining provisions of these Terms shall continue to remain valid, binding, and enforceable to the fullest extent permissible under applicable law.
14.3 Waiver: No failure, delay, relaxation, or omission by the Company in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any partial exercise preclude any further exercise of such right or remedy.
14.4 Assignment: The User shall not assign, transfer, delegate, sublicense, or otherwise dispose of any rights or obligations under these Terms without the prior written consent of the Company. The Company reserves the right to assign, transfer, delegate, subcontract, or otherwise deal with its rights and obligations under these Terms to any affiliate, successor entity, purchaser, acquirer, or third party without prior notice to the User.
14.5 Force Majeure: The Company shall not be liable for any delay, interruption, failure, deficiency, or inability to perform any obligations under these Terms where such delay or failure arises from events beyond the reasonable control of the Company, including acts of God, natural disasters, pandemics, epidemics, governmental actions, regulatory restrictions, war, terrorism, civil disturbances, labor disputes, network failures, cyber incidents, power outages, technical failures, or disruptions affecting third-party infrastructure or services.
14.6 Relationship of Parties: Nothing contained in these Terms shall be construed as creating any partnership, joint venture, agency, fiduciary, employment, franchise, or representative relationship between the Company and the User.
14.7 Survival: Any provisions of these Terms which by their nature are intended to survive suspension, termination, expiry, or discontinuation of access to the Platform or Services, including provisions relating to intellectual property, indemnification, limitation of liability, dispute resolution, confidentiality, data retention, governing law, and enforcement rights, shall continue to remain in full force and effect notwithstanding such suspension, termination, expiry, or discontinuation.
By continuing, registering, accessing, or verifying your mobile number through OTP, you acknowledge that you have read, understood, and agree to the Terms & Conditions and Privacy Policy of One Health Assist and consent to the collection, storage, processing, and use of your personal data and health-related information in accordance therewith.