Welcome to the mobile application services of Skearth Healthcare Private Limited (“5e”, “us”, “we” or “our”). These Terms of Service (the “Terms of Service”) are a binding agreement between 5e and you and set out the terms and conditions by which you may use and/or access the services listed in the App (“5e Services”), in connection with our mobile and software applications, services, features and/or content associated therewith (collectively, the "App"). For purposes of these Terms of Service, "you" and "your" mean you as the user of the 5e Services. If you use the 5e Services on behalf of a company, organization or other entity, then (a) "you" includes you and that entity, (b) you represent and warrant that you are a major and an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity's behalf, and (c) your entity is legally and financially responsible for your use of the 5e Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

We are dedicated to providing you with a highly interactive and positive experience, while at the same time protecting our rights and the rights. We have developed these Terms of Service to govern your use of the 5e Services, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. By accessing or using the 5e Services, you hereby affirm that you have read, understood, and agree to be bound by these Terms of Service, whether or not you are a registered user. Please read the Terms of Service carefully. Your use of the 5e Services is subject to our Privacy Policy (which you may access here), incorporated herein by this reference. If you do not agree with any of these Terms of Service or any subsequent amendments or update which may take place, please refrain from using or accessing the 5e Services. We reserve the right to amend or update any portion of the current version of the Terms of Services at any time. Such modifications will be notified to you by appropriate notifications on the App. You should read these Terms of Services at regular intervals. Your continued use of or access to the App following publishing of such modification constitutes your acceptance of such changes.

If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current App shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service. You agree that it is your responsibility to check this page periodically for changes. Your continued use of or access to the App following publishing of any changes constitutes your acceptance of such changes.

This Terms of Service is published in compliance of, and is governed by the provisions of Indian law, including but not limited to the Indian Contract Act, 1872, the Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the Information Technology (Intermediaries Guidelines) Rules, 2011.

1. SCOPE OF COLLABORATION

5e shall, subject to this Terms of Service and pursuant to our collaboration with you, provide the 5e Services to the Patients seeking medical consultation, diagnostic services, in-patient department treatment and related services (“Patient”), in the following manner:

1. a. Any Patient that visits or contacts you shall be provided with an option to consult or schedule an appointment with a doctor or avail of such other 5e Services listed in the App. You shall, through a mobile phone or such other device which has the App pre-installed, create the Patient’s profile, on behalf of the Patient, by entering the Patient’s personal details such as name, age, gender, mobile number and/or email address, past and present medical concerns and such other information, required in the App (“Personal Information”).
2. b. Prior to entering a Patient’s Personal Information, 5e shall procure the Patient’s consent (being a one-time process) by sending a one-time password to the Patient’s registered mobile phone. The Patient may thereafter (i) enter the one-time password on the App; and (ii) at the Patient’s sole and absolute discretion, consent to the Privacy Policy (which the Patient can access here).
3. c. Upon completion of the authentication process, the Patient may or you on behalf of the Patient may, opt for any 5e Service(s) listed on the App. The Patient may also avail of the 5e Services on behalf of another person(s).
4. d. The booking of such 5e Services shall be processed after receipt of the full fees payable for the 5e Service(s) sought to be availed by the Patient (“Fee”). The Patient may make payment of the Fee: (i) directly to 5e via electronic payment; or (ii) by making a cash payment to you, and you consequently processing such payment via electronic mode, in full, on behalf of the Patient.
5. e. 5e shall, subject to receipt of the Fee, schedule an appointment and / or render the 5e Service(s) selected by the Patient, either immediately or at a pre-scheduled time, subject to the availability of the concerned 5e Service(s).
6. f. The 5e Service(s) will be rendered by the service providers that have partnered with 5e through the App to the Patient through video or audio consultancy, phone calls or chat, as appropriate.
7. g. In the event of a consultation with a licensed practitioner listed on the App (the “Doctor”), it is hereby clarified that the Doctor may, at their sole discretion, advise the Patient to schedule further physical appointments, diagnostic tests or in-patient treatment(s), as they may deem appropriate. Upon completion of the examination of the Patient, the Doctor may, at their sole discretion and as they deem appropriate, prescribe medication to the Patient on the App. A copy of the prescription shall be sent to the Patient at their registered mobile number.
8. h. In the event the Patient desires to avail of 5e Services in relation to diagnostic tests listed on the App, you may refer the Patient to the nearest diagnostic center and provide the referral code generated in the App, subject to the booking fee payable by the Patient in the manner stipulated in Clause 1(d) above. Upon payment of the booking fee, we will schedule an appointment with the relevant diagnostic center and the report generated thereto shall be sent to the Patient at their registered mobile number.
9. i. The Patient’s profile along with all other profiles created by the Patient on behalf of another person, including their respective Personal Information shall be securely stored in the App and may be accessed solely by the Patient upon the Patient entering a one-time password generated by the App and sent to the Patient’s registered mobile number.

2. YOUR OBLIGATIONS

You represent and warrant that you:

1. a. shall act strictly in accordance with the Terms of Service and in compliance with the prevailing laws of India;
2. b. ensure that your employees and representatives acting on your behalf shall act strictly in accordance with the Terms of Service and in compliance with the prevailing laws of India;
3. c. shall not do or cause to be done anything, nor omit to do something required to be done, which is prejudicial to the interest of 5e or whereby the business or reputation of 5e may be injured or damaged;
4. d. shall be solely liable for any negligence, wilful misconduct, fraud or malpractice in the process of enabling 5e in rendering the 5e Services;
5. e. shall not store or retain the Personal Information of any Patient;
6. f. shall make forthwith payment, in full, of the sums refunded by 5e to the Patient pursuant to a cancellation described in Clause 4, in the event the Patient has made a payment in accordance with Clause 1(d)(ii) above;
7. g. shall promote the App amongst the locals and your customers;
8. h. shall cause to display 5e’s board with its name, logo and details of the 5e Services rendered under the 5e App, which shall be situated at a suitable place and visible to all visitors of the App;
9. i. shall market and promote the App and its business and participate in the marketing and promotion of the App as and when requested by us; and
10. j. your execution, delivery and performance under this Terms of Service will not conflict with or result in any material breach or violation of any of the terms and conditions of, or constitute a default under, any instrument, contract or other agreement to which you are a party or by which you are bound.

3. REFUND AND CANCELLATION POLICY

1. 3.1. In case of cancellation by the Doctor / 5e / 5e’s partners or non-confirmation of the appointment on the App due to any reason whatsoever, the Patient may, at their sole discretion, opt for one of the following options:
1. a. request to reschedule the appointment for the 5e Services on the App;
2. b. request a refund of the Consultation Fee, subject to applicable deductions; or
3. c. request that the Consultation Fee be refunded in the form of credit to the registered account of the Patient, which may be utilized by the Patient for future consultations.
2. 3.2. In the event, the Patient cancels the appointment with respect to the 5e Services booked on the App, the Patient shall be entitled to a refund of 70% of the Consultation Fee (“Cancellation Refund”). The Cancellation Refund shall be credited to the account from which the payment of the Consultation Fee was made. In the event that the Consultation Fee was paid by you on behalf of the Patient in accordance with Clause 1(d)(ii) above, you represent and warrant that you shall forthwith make payment of the Cancellation Refund, in full, to the Patient.
3. 3.3. In the event your credit card/debit card/payment account has been accidentally overcharged, you shall notify 5e within 24 (Twenty Four) hours of such event. 5e shall, upon verification, endeavour to refund the overcharged amount within 7 (Seven) working days.

4. PAYMENT GATEWAY DISCLAIMER

The online payment gateway services for the payment of the Consultation Fees and Platform Fees are provided by a third party and 5e shall not be responsible for any technical errors or losses during the use of the payment gateway. The institute or the payment service provider(s) do not make any representation of any kind, express or implied, as to the operation of the payment gateway other than what is specified on the App for this purpose. By accepting/ agreeing to these Terms of Service, you expressly agree that your use of the aforesaid online payment service is entirely at own your risk.

5. CONFIDENTIALITY

1. 5.1. You shall ensure that the Personal Information disclosed by any Patient and any confidential information provided by 5e (“Confidential Information”) shall (a) be strictly in accordance with 5e’s Privacy Policy; and (b) not be used or permitted to be used in any manner incompatible or inconsistent with that specifically authorized by 5e. You shall safeguard all Confidential Information and take all necessary action to protect such Confidential Information against misuse, loss, destruction, alterations or deletions thereof. You shall hold the Confidential Information in confidence and protect it adequately. You shall restrict disclosure of the Confidential Information solely on a need to know basis and ensure that such person is made aware of his/her obligations with respect to the Confidential Information.
2. 5.2. You shall ensure that all your employees and personnel shall be made aware of the confidential nature of all such Confidential Information. You shall not be absolved from any liability that may arise as a consequence of breach of confidentiality by any of your employees, staff, advisors, counsels, personnel or any other representatives of whatsoever nature who is made privy to any Confidential Information.
3. 5.3. If you are directed by court order or other legal or regulatory request or similar process to disclose information recorded on any documents or any Confidential Information, you, having received such order or request to disclose the Confidential Information shall immediately notify 5e in writing, with the relevant details of such disclosure to be made, within 1 (One) day upon receipt of such court order, legal or regulatory request or similar process, in order to permit 5e to make an application for an appropriate protection order (at its own expenses) to protect its Confidential Information. Such notice shall be accompanied by a copy of the court order, legal or regulatory request, or any documentation of a similar process.

6. INDEMNITY

You shall indemnify and hold harmless (“Indemnifying Party”) 5e and its employees, shareholders, directors, authorized representatives and agents (“Indemnified Party”) promptly upon demand at any time and from time to time, from and against the losses, claims, damages, liabilities, costs (including reasonable attorneys’ fees and disbursements) and expenses actually suffered and incurred (collectively, “Losses”) to which any Indemnified Party may become subject, insofar as such Losses arise out of, or in any way relate to, or result from:

1. a. the representations made by you is false or incorrect;
2. b. your failure to perform your obligations under this Terms of Service or breach of any terms of this Terms of Service;
3. c. fraud, negligence, or misconduct by the Indemnifying Party; and
4. d. the failure by the Indemnifying Party to fulfil any agreement, covenant or condition contained in, or made pursuant to, this Terms of Service.

7. LIMITATION OF LIABILITY

1. 7.1. In no event, including but not limited to negligence, shall 5e, or any of its directors, officers, employees, agents or content or service providers (collectively, the “5e 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 App or the content, materials and functions related thereto, the 5e Services, user’s provision of information via the App, lost business or lost end-users, even if such 5e Entity has been advised of the possibility of such damages. In no event shall the 5e Entities be liable for:
1. a. provision of or failure to provide all or any 5e Services whether contacted or managed by you through the App or otherwise;
2. b. any content posted, transmitted, exchanged or received by or on behalf of any user, Patient, Doctor or other person on or through the App; or
3. c. any unauthorized access to or alteration of your transmissions or data.
2. 7.2 5e shall not be held responsible or liable for any negligence, fraud or malpractice in the provision of the 5e Services.

8. MISCELLANEOUS

1. 8.1. Force Majeure

If the performance by 5e to this Terms of Service or of any obligation hereunder is prevented or restricted by reason of force majeure such as:

1. a. war, terrorist attacks, revolution, strike, epidemic, pandemic, civil commotion or acts of public enemies, acts of God, or other concerted industrial action or agitation in the region and the industry, or similar such events beyond 5e’s reasonable control; or
2. b. change in any applicable law;
3. then 5e shall, upon giving prior written notice to you, be excused from such performance to the extent that such cause prevents or restricts it to perform its obligations hereunder provided that it shall use its best efforts to avoid or remove such cause of non-performance and shall continue performance hereunder with the utmost dispatch whenever such causes are removed.

8.2. Contact Information Grievance Officer

1. a. In the event any Patient has any queries in connection with the 5e Services, the App or this Terms of Service, you may direct the Patient to reach us through the contact details provided in the App.
2. b. In the event you have any queries or concerns in connection with the 5e Services, the App or this Terms of Service, you may contact our grievance officer at:
3. Name: Ms. Nachiketa Das
   Phone: +91 82492 62583
   Email: nachiketa@5e.care

8.3. Independent Service Provider

The Services rendered by 5e, through you, is on a principal-to-principal basis and does not create any employer-employee relationship. Nothing contained herein shall be deemed to create an association, partners or relationship of principal and agent or master and servant, or employer and employee between you and 5e.

8.4. Governing Law and Jurisdiction

1. a. This Terms of Service and any dispute over or interpretation of its provisions shall be governed by the laws of India.
2. b. The courts in Bhubaneshwar, India shall have exclusive jurisdiction over all matters arising pursuant to this Terms of Service.

8.5. Severability

If any provision of this Terms of Service is held to be void, invalid or otherwise unenforceable, in whole or part, the other provisions shall remain in full force and effect.