2.1END-USER ACCOUNT AND DATA PRIVACY

2.1.2 HealthOmax may, by its Services, collect information relating to the devices through which you access the Website and anonymous data of your usage. The collected information will be used only to improve the quality of HealthOmax’s services and to offer new services.

2.2 RELEVANCE ALGORITHM

HealthOmax’s relevance algorithm for the practitioners is a fully automated system that lists the practitioners, their profiles, and information regarding their practice on its website. These practitioners’ listings do not represent any fixed objective ranking or endorsement by HealthOmax. HealthOmax will not be liable for any change in the relevance of the Practitioners on search results, 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, their comments, and feedback. Such factors may change from time to time to improve the listing algorithm. HealthOmax, in no event, will be held responsible for the accuracy and the relevancy of the listing order of the practitioners on the Website.

2.3 LISTING CONTENT AND DISSEMINATING INFORMATION

2.3.1 HealthOmax collects, directly or indirectly from the public domain, and displays similar details on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialization, qualification, location, visiting hours, and similar details. HealthOmax makes reasonable efforts to ensure that such information is updated frequently. Although HealthOmax 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.

2.3.2 The Services provided by HealthOmax or any of its licensors or service providers are provided on an "as is" and "as available basis, “without any warranties or conditions. HealthOmax does not provide or make any representation, warranty, or guarantee, express or implied, about the Website or the Services. HealthOmax does not guarantee the accuracy or completeness of any content or information users provide on the Website. To the fullest extent permitted by law, HealthOmax disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations, and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by HealthOmax or any User in relation to any User or services provided by such User.

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

Content deemed objectionable content posted by users on the healthOmax platform shall be removed by reviewers.

An objectionable content can belong to following categories:

- Spam and suspicious

- False information

- Bullying or harassment

- Hate speech

- Nudity or violence

- Intellectual property rights violations

- Others

Any other user can also report a post, group or organization as objectionable under the above categories.

2.4(a)HealthOmax will ensure Users are provided with confirmed appointments on the Book facility. Book a facility that allows Users to book an appointment through the Website; however, HealthOmax has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is unavailable for the appointment.

2.4.5 Cancellation and Refund Policy

In the event that the Practitioner with whom the User has booked a paid appointment via the Website has not been able to meet the User, the User will need to write to us at contact@HealthOmax.com within five (5) days from the occurrence of such an event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In the case where the User does not show up for the appointment booked with a Practitioner without cancelling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the Practitioner), you would not be entitled to a complete refund even if you have cancelled beforehand.

2.6.1The reminder provided by HealthOmax is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by HealthOmax, you should refer to your prescription before taking any medicines. HealthOmax is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly. In case you do not wish to receive the reminders, you can switch it off through the HealthOmax app.

2.6.2If you access your dependents’ Health Records by registering your dependents with your own, you are deemed to be responsible for the Health Records of your dependents and should fulfill all obligations that your dependents would have had, if they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain the prior consent of your dependent and shall have the right to share, upload and publish any sensitive personal information of your dependent. HealthOmax assumes no responsibility for any claim, dispute, or liability arising in this regard, and you shall indemnify HealthOmax and its officers against any such claim or liability arising out of unauthorized use of such information.

2.6.3 HealthOmax may, in its sole discretion, retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

2.6.4You acknowledge that the Practitioners you are visiting may engage HealthOmax software or third-party software for the purposes of the functioning of the Practitioner’s business and HealthOmax services, including but not limited to the usage and for storage of Records (as defined above) in India and outside India, in accordance with the applicable laws.

2.6.5 To the extent that your Records have been shared with HealthOmax or stored on any of the HealthOmax products used by the Practitioner’s you are visiting and may in the past have visited, You hereby agree to the storage of your Records by HealthOmax pertaining to such previously visited clinics and hospitals who have tie-ups with HealthOmax for the purposes of their business and for HealthOmax services including but not limited to the usage and for storage of Records (as defined above) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with HealthOmax, to the mapping of such Records as may be available in HealthOmax database to your User account.

3.1 LISTING POLICY

HealthOmax, directly and indirectly from the public domain, collects information regarding the Practitioners’ profiles, contact details, and practice. HealthOmax reserves the right to take down any Practitioner’s profile as well as the right to display the profile of the Practitioner, with or without notice, to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform HealthOmax immediately to enable HealthOmax to make the necessary amendments.

3.1.2You as a Practitioner affirm that you are duly registered, licensed, and qualified to practice medicine/ provide health care and wellness services, as per applicable laws/regulations/guidelines, and you are not subject to any disqualification which prohibits you from practising medicine within the territory of India. The Practitioner shall always ensure that all the applicable laws that govern the Practitioner shall be followed, and utmost care shall be taken in terms of the consultation/ services being rendered.

3.1.3HealthOmax shall not be liable or responsible for the ranking of the Practitioners on external websites and search engines.

3.1.4 HealthOmax shall not be responsible or liable in any manner to the Users for any losses, damage, injuries, or expenses incurred by the Users because of any disclosures or publications made by HealthOmax, where the User has expressly or implicitly consented to the making of disclosures or publications by HealthOmax. If the User had revoked such consent under the terms of the Privacy Policy, then HealthOmax shall not be responsible or liable in any manner to the User for any losses, damage, injuries, or expenses incurred by the User as a result of any disclosures made by HealthOmax prior to its actual receipt of such revocation.

3.1.5 HealthOmax reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, HealthOmax shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Practitioners are added to the Website.

3.1.6Practitioners explicitly agree that HealthOmax reserves the right to publish the Content provided by Practitioners to a third-party including content platforms.

3.1.7When you are listed on www.HealthOmax.health, End-Users may see your details. End-Users can book remote consulting appointments, which is a service provided by HealthOmax, and the records of such calls are recorded and stored in HealthOmax servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. HealthOmax accepts no liability if the call facility is not used in accordance with the foregoing.

3.1.8You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law in the course of your use of these Services is your sole responsibility, and HealthOmax accepts no liability for the same.

3.3.1All Critical Content is content created by the Users of www.HealthOmax.health("Website") and the clients of HealthOmax customers and Practitioners, including the End-Users. As a platform, HealthOmax does not take responsibility for Critical Content, and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of HealthOmax and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.6 and 5 of these Terms.

3.3.2You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. HealthOmax shall not be liable for any effect on the practitioner’s business due to Critical Content’s negative nature. In these respects, you may use the Service at your own risk. HealthOmax, however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.6 and 5 of these Terms.

3.3.3 Practitioner understands that HealthOmax shall not be liable, under any event, for any comments or feedback given by any of the Users about Services provided by the practitioner. The option of publishing, modifying, moderating, or masking (where required by law or norm, etc.) the feedback provided by Users shall be solely at the discretion of HealthOmax.

3.4.1HealthOmax will ensure Users are provided with confirmed appointments by the Practitioner. However, HealthOmax has no liability if such a Practitioner later cancels such an appointment, and the same Practitioner is not available for the appointment.

3.4.2 If a User has utilized the telephonic services, HealthOmax reserves the right to share the information provided by the Practitioner with the User and store such information and/or conversation of the Practitioner with the User in accordance with our Privacy Policy.

3.4.3The results of any search performed by the Users on the Website in relation to Practitioners should not be construed as an endorsement by HealthOmax.

3.4.4Without prejudice to the generality of the above, HealthOmax is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between the Practitioner and User. The Practitioner understands and agrees that HealthOmax will not be liable for:.

• The Practitioner interactions and associated issues Practitioner has with the User
• The ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users
• Any wrong medication or quality of treatment being given by the Practitioner(s) or any medical negligence on the part of the Practitioner(s);
• Inappropriate treatment, or similar difficulties or any inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services.
• Any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff

3.4.5 Cancellation And Refund Policy

• If the Practitioner with whom the user has booked a paid appointment via the Website is not able to meet the User, and the User writes to HealthOmax within five days, the entire consultation amount is liable to be refunded to the User within five to six days business days in the original mode of payment done by the User while booking
• In the case where the User does not show up for the appointment booked with a Practitioner without cancelling the appointment beforehand, the amount will not be refunded. If cancellation charges have been levied (as charged by the Practitioner), the User would not be entitled to a complete refund even if the Users cancelled beforehand
• Users will not be entitled for any refunds in cases where the Practitioner is unable to meet the User at the exact time of the scheduled appointment time, and the User is required to wait, irrespective of the fact whether the User is required to widely choose not to obtain the medical services from the said Practitioner

4.1Users Are Also Prohibited From

4.2HealthOmax 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. The SPI Rules only permit HealthOmax to transfer sensitive personal data or information, including any information, to any other body corporate or a person in India or located in any other country, which ensures the same level of data protection that is adhered to by HealthOmax as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between HealthOmax or any person on its behalf and the User or where the User has consented to data transfer. HealthOmax respects the intellectual property rights of others, and we do not hold any responsibility for any violations of any intellectual property rights by the Users or Practitioners.

In no event, including but not limited to negligence, shall HealthOmax, 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 Website or the content, materials, and functions related thereto, the Services, User’s provision of information via the Website, 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:

• Provision of or failure to provide all or any service to End-Users contacted or managed through the Website by Practitioners
• Any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website
• Any unauthorized access to or alteration of your transmissions or data
• Any other matter relating to the Website or the Service

6.1Any 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 Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by parties concerned. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be XXXX Place. All proceedings of such arbitration, including, without limitation, any awards, shall be in English. The award shall be final and binding on the parties to the dispute.

6.2Subject to the above Clause 9.2, the courts at Allahabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services, or the information to which it gives access.

7.1 If a User has any questions concerning HealthOmax, the Website, this Agreement, the Services, or anything related to any of the foregoing, HealthOmax customer support can be reached at the following email address: helpdesk@HealthOmax.health

7.2In 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 the processing of information, you can contact our Grievance Officer at:

Name :Surendra Kumar

Email :info@HealthOmax.com

No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent is in writing and signed by HealthOmax. Any consent by HealthOmax to, or a waiver by HealthOmax 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.