Terms & Conditions

Ekinwise Technologies Private Limited (“ekinwise”) is the first owner, publisher and operator of the LY5E web and mobile application ‘LY5E’ (together, “Application”) more particularly described in Schedule -1 Annexed hereto. 

 

  1. NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at ly5e.com (“Privacy Policy”) before you decide to access the Application or avail the services made available on the Application by ekinwise. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and ekinwise in connection with your visit to the Application and your use of the Services (as defined below).

 

The Agreement applies to you whether you are :-

  1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Application, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or
  2. A patient, his/her representatives, affiliates, searching for Practitioners through the Application (“End-User”, “you” or “User”); or
  3. Otherwise a user of the Application (“you” or “User”), all of whom shall collectively/singly be referred to as “Users/ User”.

 

This Agreement applies to those services made available by ekinwise on the Application, which are offered free of charge to the Users (“Services”), including the following:

  1. LIST THE SERVICES

Facility to

(i) create and maintain ‘Health Accounts’,

(ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by ekinwise and

(iii) to make appointments with Practitioners.

(iv) share Health Records and Health Accounts with different practitioners for the purpose of consultation.

 

The Services may change from time to time, at the sole discretion of ekinwise and the Agreement will apply to your visit to and your use of the Application to avail the Service, as well as to all information provided by you on the Application at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@ly5e.com

 

  1. By downloading or accessing the Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your acceptance to the terms and conditions of this Agreement.

We reserve the right amend to modify or terminate any portion of the Agreement for any reason and at any time, and such ammendments and modifications shall be informed to you in writing/ email and shall supersede and replace all previous versions of the same  You should read the Agreement at regular intervals. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Application or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of ekinwise

Upon termination all obligation  of and upon the User mentioned in this agreement will continue and survive termination

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  1. the Indian Contract Act, 1872,
  2. the (Indian) Information Technology Act, 2000, and
  3. Other extant laws within indian territories 

 

 

  1. CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to ekinwise that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.

 

  1. TERMS OF USE APPLICABLE TO ALL USERS 

 

  1. USER ACCOUNT AND DATA PRIVACY
  1. The terms “personal information” and “sensitive personal data or information” are reproduced in the Privacy Policy.
  2. ekinwise may by its Services, exchange or share personal information” and “sensitive personal data or information”, collect information relating to the devices “Collectively Information” through which User/Users access the Application, and anonymous data of your usage. The information may be used only for improving the quality of LY5E services and to build new services.
  3. The Application allows ekinwise to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of security, booking appointments, for obtaining feedback in relation to the Practitioners and their practice and updates 
  4. The Privacy Policy sets out:-
  1. The type of information collected from Users, including sensitive personal data or information;
  2. The purpose, means and modes of usage of such information;
  3. How and to whom ekinwise will disclose such information; and,
  4. Other information mandated by the laws within India

 

( E) The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

  1. the fact that certain information is being collected;
  2. the purpose for which the information is being collected;
  3. the intended recipients of the information;
  4. the nature of collection and retention of the information; and
  5. the various rights available to such Users in respect of such information.

(F )  ekinwise shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to LY5E or to any other person acting on behalf of LY5E

 

(G) The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify ekinwise of any actual or suspected unauthorized use of the User’s account or password. Although ekinwise will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ekinwise or others due to such unauthorized use.

 

(H) If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ekinwise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ekinwise has the right to discontinue the Services to the User at its sole discretion.

 

ekinwise may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

 

(J) ekinwise may provide Users with a free facility known as ‘Health Account’ on the Website and its mobile application ‘LY5E’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy;

(i) .Your Health Account is only created after you have signed up and explicitly accepted these Terms;

(ii) Information available in your Health Account is of two types:

(a)Patient-created: Information generated and uploaded by you.

(b)Practice-created: Information generated by your interaction with a Practitioner who uses ‘5YLE’ or other Services of software

(iii) Any Practice created information is provided on an as-is basis and ekinwise does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.

iv. The Health Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, ekinwise is not liable for any interruption that may be caused to your access of the Services.

  1. The ‘SMS Rx Reminder’ provided by the Health Account is only a supplementary way of reminding you to take your medication as prescribed by your doctor. You should refer to your prescription before taking any medicines. ekinwise is not liable if for any reason SMS Rx Reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the SMS Rx Reminders, you can request your doctor to not enable it during your consultation or otherwise, or give a missed call to the number included in the first SMS Rx Reminder that you receive.
  2. It is your responsibility to keep your correct mobile number and email ID updated in the Health Account. The records will be sent 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. ekinwise is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Health Account.
  3. ekinwise uses industry–level security and encryption to your Health Account. However, ekinwise cannot guarantee prevent 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 support@ly5e.com.
  4. If you access your dependents’ record through your Health Account by registering your dependents with your own Health Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Health Accounts.

 

( k) Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to nonpayment, ekinwise will make available to the User for download a copy of such User’s data in pdf format or any other format as determined by ekinwise. After such 30 (thirty) days period, ekinwise shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription  Users data will not be available after termination of subscription in such cases.

 

( L) Theft of Subscription Services

You agree to notify ekinwise immediately, in writing or by mail to support@ly5e.com, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you call or write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, ekinwise shall not be liable to extend the subscription period or waive-off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. ekinwise will not issue refunds for fraudulent use resulting from your negligent or wilful acts or those of an authorized user of your Subscription Services.

 

 

3.2 LISTING ALGORITHM

ekinwise listing algorithm for the Practitioners is a fully automated system that lists the Practitioners, their profile and information regarding their Practice on its Application. These listings of Practitioners do not represent any fixed objective ranking or endorsement by ekinwise. ekinwise will not be liable for any change in the listing of the Practitioners, which may take place from time to time. The listing of Practitioners will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. The listing algorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm. ekinwise in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners on the Website.

 

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

(a) ekinwise collects, directly or indirectly, and displays on the Application, relevant information regarding the profile and practice of the Practitioners listed on the Application, such as their specialisation, qualification, fees, location, visiting hours, and similar details. ekinwise takes reasonable efforts to ensure that such information is updated at frequent intervals. Although ekinwise screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

(b) The Services provided by ekinwise or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). ekinwise does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services. ekinwise does not guarantee the accuracy or completeness of any content or information provided by Users on the Application. To the fullest extent permitted by law, ekinwise disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Application, or any opinion or suggestion given or expressed by ekinwise or any User in relation to any User or services provided by such User.

(c ) The Application may be linked to the website/application of third parties, affiliates and business partners. ekinwise has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites/application or made available by/through our Application. Inclusion of any link on the Application does not imply that ekinwise endorses the linked site. User may use the links and these services at User’s own risk.

(d) ekinwise assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.

(e ) If ekinwise determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, ekinwise reserves the right to immediately suspend your access to the Application or any of your accounts with LY5E and makes such declaration on the Application alongside your name/your clinic’s name as determined by ekinwise for the protection of its business and in the interests of Users. You shall be liable to indemnify ekinwise for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected LY5E or its Users.

 

3.4  APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS:

(A) While ekinwise will try to ensure a confirmed appointment for an End-User who requested an appointment on Application, ekinwise does not guarantee that a patient will get a confirmed appointment. Further, ekinwise has no liability if such appointment is confirmed but later cancelled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.

(B) ekinwise provides/ will provide value added telephonic services which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, ekinwise reserves the right to share the contact details of the User with the Practitioners contacted.

(C )  You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold ekinwise responsible for any such interactions and associated issues. For avoidance of doubt, ekinwise is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Application. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Application for Practitioners should not be construed as an endorsement by ekinwise of any such particular Practitioner. ekinwise shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.

 

(D )  Without prejudice to the generality of the above, ekinwise will not be liable for:

i. any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);

ii. any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;

iii any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;

iv. Cancellation or rescheduling of booked appointment or any variance in the fees charged;

v any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Application or with whom the User has booked an appointment through the Application.

 

(E ) Further, ekinwise shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at sole discretion of ekinwise and may be modified or withdrawn at its sole discretion. ekinwise may moderate such feedback at any time. ekinwise shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Application.

 

3.5 NO DOCTOR PATIENT RELATIONSHIP FOR EMERGENCY USE

(A) Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Application (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between ekinwise and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

 

(B) It is hereby expressly clarified that, the Information that you obtain or receive from ekinwise and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Application. In no event shall we be liable to you or anyone.

 

(C ) The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

 

3.6 CONSULTATION

(A ) The User hereby grants consent to ekinwise to transfer the health related queries posted by the User to Practitioners for the provision of the services under LY5E Consult and agrees that any such information provided by the User will be subject to our Privacy Policy

(B) LY5E  is intended for general purposes only and is not meant to be used in emergencies. 

(C )The User understands and agrees that any interactions and associated issues with the Practitioner on LY5E Consult including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Practitioner. The User shall not hold ekinwise responsible for any such interactions and associated issues. ekinwise is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between the User and the Practitioner, the User interacts with. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. ekinwise shall not be responsible for any breach of service or service deficiency by any doctor or health care provider.

 

3.7  CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

(A) The contents listed on the Application are (i) User generated content, or (ii) belong to ekinwise. The information that is collected by ekinwise directly or indirectly from the End- Users and the Practitioners shall belong to ekinwise. Copying of the copyrighted content published by ekinwise on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and ekinwise reserves its rights under applicable law accordingly.

 

(B) LY5E authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, "LY5E ‘s Content "), are the property of ekinwise and are protected under copyright, trademark and other laws. User shall not modify the LY5E’s content or reproduce, display, publicly perform, distribute, or otherwise use the LY5E’s content Content in any way for any public or commercial purpose or for personal gain.

 

(C )  User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes

 

3.8 REVIEWS AND FEEDBACK

By using this Application, you agree that any information shared by you with ekinwise or with any Practitioner will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Application, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of ekinwise in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. ekinwise disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. ekinwise shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Application is governed by Clause  6 of these Terms. Without prejudice to the detailed terms stated in Clause 6, you hereby agree not to post or publish any content on the Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. ekinwise at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Paragraph 6 of these Terms. You agree that ekinwise may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

i. Obtaining feedback in relation to Application or services; and/or

ii. Obtaining feedback in relation to any Practitioners listed on the Application; and/or

iii. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by ekinwise

ekinwise Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms

 

  1. INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by ekinwise

REACH RIGHTS

  1. ekinwise reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, ekinwise will not be liable for the accuracy of information or the claims made in the Sponsored Listings. ekinwise does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. ekinwise will not be liable for the services of the providers of the Sponsored Listings.

 

  1. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and ekinwise accepts no liability for the same.

 

6. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

(A) As mandated by Regulation by the emblems act, Indian Penal Code, ekinwise hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

i. belongs to another person and to which the User does not have any   right to;

ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

iii. harm minors in any way;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii. impersonate another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation

.

(B ) Users are also prohibited from:

i. violating or attempting to violate the integrity or security of the Application or any LY5E’s Content;

ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by ekinwise

iii. intentionally submitting on the Applicationany incomplete, false or inaccurate information;

iv. making any unsolicited communications to other Users;

v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;

vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;

vii. copying or duplicating in any manner any of the LY5E’s Content or other information available from the Website;

viii. framing or hot linking or deep linking any LY5E’s Content

i. violating or attempting to violate the integrity or security of the Application or any LY5E’s Content;

ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by ekinwise

iii. intentionally submitting on the Application any incomplete, false or inaccurate information;

iv. making any unsolicited communications to other Users;

v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;

vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;

vii. copying or duplicating in any manner any of the LY5E’s Content or other information available from the Application;

viii.framing or hot linking or deep linking any LY5E’s Content.

ix. Sending any communication that can be classified as ‘spam’ defined as under, including but not limited to:

  1. Irrelevant or unsolicited messages sent over the Internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware, etc.
  2. Unwanted or intrusive advertising on the Application:
  3. send the same or similar message indiscriminately
  4. any content that is reported as spam by it’s receiver

 

 

(C ) ekinwise upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Application is being used by the User to commit any unlawful act and/or is being used in violation of Clause 6 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Clause 6. ekinwise shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

(D )  In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, ekinwise has the right to immediately terminate the access or usage rights of the User to the Application and Services and to remove non-compliant information from the Application.

(E ) ekinwise may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. ekinwise will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

[F] ekinwise may use the content as and when required for debugging or rectifying the application or resolve any issues.

7. TERMINATION

(A ) ekinwise reserves the right to suspend or terminate a User’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,

Such User breaches any terms and conditions of the Agreement;

ii. A third party reports violation of any of its right as a result of your use of the Services

iii. ekinwise is unable to verify or authenticate any information provide to LY5E by a User;

iv. ekinwise has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

v. ekinwise believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for ekinwise or are contrary to the interests of the Application.

(B) Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

 

8. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall ekinwise or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

i. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Application;

ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Application;

iii. any unauthorized access to or alteration of your transmissions or data; or

iv. any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

v. ekinwise shall not be held responsible for any act, including but not limited to, loss of data, unavailability or service and/ or user discomfort which might follow on account of maintenance of Application, upgradation of the Application, viruses and hacking attacks or any act which might occur by Force Majeure.

 

10. INDEMNITY

User agrees to indemnify and hold harmless ekinwise its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. ekinwise will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

11. APPLICABLE LAW AND DISPUTE SETTLEMENT

(A) You agree that this Agreement and any contractual obligation between ekinwise and User will be governed by the laws of India.

(B)Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by ekinwise. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

(C ) Subject to the above Clause  10, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.

 

11. CONTACT INFORMATION GRIEVANCE OFFICER

(a) If a User has any questions concerning LY5E, the Application, this Agreement, the Services, or anything related to any of the foregoing, LY5E customer support can be reached at the following email address support@ly5e.com or via the contact information available from the following hyperlink: LY5E.com

(B) In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Ramesh S.

Designation: Head – Grievance Office

Address: 222, Citi Mall, MIDC, Dombivali East, Mumbai 421201

Email: grievance@LY5E.com

In the event you suffer as a result of access or usage of our Website please address your grievance to the above person.

 

12. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be

interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

13.WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by ekinwise. Any consent by ekinwise to, or a waiver by ekinwise of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.