Terms of service

This Terms of Use (hereinafter referred to as "Terms," "Agreement," or "ToU") is a binding legal agreement between you (hereinafter referred to as "User," "you," "your," or "yourself") and HealAssist Healthtech Private Limited (hereinafter referred to as "HealAssist," "the Company," "we," "us," or "our"), a company incorporated and registered under the Companies Act, 2013, with CIN U86900HR2026PTC140418 and registered office at Innov8 UCP, 9th Floor, Tower D, Unitech Cyber Park, Sector 39, Gurugram, Haryana, 122001, India.

These Terms of Use govern your access to, use of, and engagement with the HealAssist Website, mobile application (iOS and Android versions), web application, services, features, content, and any related digital or non-digital interfaces or touchpoints (collectively referred to as the "Platform" or "Service").

BY ACCESSING, VISITING, REGISTERING ON, OR USING THE HEALASSIST PLATFORM IN ANY MANNER, YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND ACCEPT ALL TERMS, CONDITIONS, DISCLAIMERS, RESTRICTIONS, AND LIMITATIONS SET FORTH IN THIS AGREEMENT.

If you do not agree to the entirety of these Terms, you must immediately cease access to and discontinue use of the Platform. Continued use of the Platform constitutes your unconditional acceptance of these Terms.

These Terms of Use are issued in compliance with:

• The Information Technology Act, 2000;
• The Consumer Protection Act, 2019;
• The National Medical Commission (Regulations) 2022 (formerly Medical Council of India Code of Ethics 2002);
• The Indian Contract Act, 1872;
• The Indian Penal Code, 1860;
• All applicable laws, regulations, and directives issued by competent authorities in India.

1.1 Service Description

HealAssist operates as a hospital matching and comparison platform that facilitates connection between patients and healthcare providers. The Platform provides the following services:

• a) Hospital Discovery and Matching: Users can search, discover, compare, and identify hospitals and healthcare providers based on their medical needs, location, insurance coverage, and service requirements;
• b) Information Provision: The Platform provides information about hospitals, services offered, estimated costs, facilities, and healthcare provider details;
• c) Patient-Hospital Facilitation: The Platform facilitates initial contact and communication between patients and hospitals to enable treatment consultation, service inquiry, and appointment scheduling;
• d) Comparison Tools: The Platform provides tools and features to compare hospitals, services, pricing, and healthcare options;
• e) Patient Assistance Services: HealAssist provides ancillary services including patient registration, inquiry management, information provision, and coordination services to facilitate the patient-hospital connection.

1.2 Nature of Services - Not Medical Services

IMPORTANT DISCLAIMER: HealAssist does not provide, perform, or facilitate any medical services, medical treatment, medical advice, diagnosis, or healthcare delivery. The Platform is solely a matching, comparison, and facilitation platform and is:

• a) Not a healthcare provider and does not practice medicine or provide any medical services;
• b) Not a medical referral service and does not constitute or imply any form of medical referral, clinical recommendation, or clinical advice;
• c) Not providing inducement in any form for medical treatment or medical decision-making;
• d) Not subject to medical commission regulations regarding medical referrals or inducements, as the Platform facilitates patient-hospital connection based on non-medical criteria (location, cost, facilities, services) without medical referral or clinical recommendation;
• e) Purely informational and facilitative in nature, providing hospital information, patient assistance, and administrative facilitation services only.

1.3 Scope of Facilitation Services

HealAssist's facilitation services are limited to:

• a) Administrative Coordination: Receiving patient inquiries, coordinating patient information with hospitals, and facilitating initial communication;
• b) Information Provision: Providing hospital information, service details, facility descriptions, and general healthcare information (not medical advice);
• c) Logistics Support: Assisting with appointment scheduling, travel guidance, accommodation information, and administrative processes;
• d) Patient Support: Providing non-medical support to patients during their hospital engagement journey.

All clinical, medical, and treatment-related matters are exclusively the responsibility of the hospital and treating physicians.

2.1 Eligibility Requirements

By using the Platform, you represent and warrant that:

• a) Age: You are eighteen (18) years of age or older. Users below 18 years must have verifiable parental or guardian consent;
• b) Legal Capacity: You have the legal capacity and authority to enter into and be bound by this Agreement;
• c) Jurisdiction: You are a resident of India or authorized to use services available in India;
• d) Not Prohibited: You are not prohibited or restricted by any applicable law, regulation, or court order from entering into this Agreement or using the Platform;
• e) Accuracy of Information: Any information you provide is accurate, complete, truthful, and up-to-date;
• f) Authorized Use: You are authorized to provide the information you submit, and such information does not infringe any third-party rights.

2.2 Registration and Account Creation

a) Voluntary Registration: While the Platform may allow certain limited use without registration, full access to services requires user registration and account creation;

b) Information Submission: Upon registration, you must provide accurate personal information including name, age, contact number, email address, residential city, and insurance information as requested;

c) Self-Declaration: By submitting your information, you declare and affirm that all information provided is true, accurate, complete, and not misleading. You are solely responsible for the accuracy and validity of all information you provide. HealAssist does not independently verify personal information provided by users;

d) Account Responsibility: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities and transactions undertaken using your account;

e) Unauthorized Use: You must immediately notify HealAssist if you become aware of any unauthorized access to or use of your account.

2.3 Use of Self-Declared Information

CRITICAL ACKNOWLEDGMENT: You acknowledge and agree that:

• a) All information you provide (name, age, medical conditions, insurance information, contact details) is provided by you as self-declared information;
• b) HealAssist does not verify, authenticate, or validate the accuracy of self-declared information;
• c) HealAssist does not perform background checks, identity verification, or information validation on user-provided data;
• d) You are solely responsible for the accuracy, truthfulness, and legality of all information you provide;
• e) You assume all risk associated with inaccurate, false, misleading, or fraudulent information you provide;
• f) Hospitals and third parties receiving your information will rely on such self-declared information, and you indemnify HealAssist against any liability arising from inaccuracy of such information.

2.4 Account Termination and Suspension

HealAssist reserves the right, in its sole discretion, to suspend, terminate, or deactivate your account and deny access to the Platform without prior notice or liability if:

• a) You provide false, fraudulent, misleading, or inaccurate information;
• b) You violate any provision of these Terms;
• c) You engage in illegal, unethical, or harmful conduct;
• d) You misuse the Platform or services offered;
• e) You engage in harassment, abuse, or offensive conduct toward HealAssist representatives or other users;
• f) You attempt to circumvent security measures or unauthorized system access;
• g) Your account is used for commercial purposes without authorization;
• h) HealAssist reasonably believes your use violates applicable law or infringes third-party rights;
• i) You engage in fraudulent activities or misrepresentation;
• j) You violate any regulations or policies of HealAssist.

Upon account termination, you lose all rights to access the Platform and services. HealAssist shall not be liable for any loss or damage resulting from account termination.

3.1 Permitted Uses

You may use the Platform solely for:

• a) Searching, discovering, and comparing hospitals and healthcare services;
• b) Submitting inquiries and requesting information about hospitals and services;
• c) Creating and managing your user account;
• d) Communicating with HealAssist representatives for support;
• e) Accessing information provided on the Platform;
• f) Personal, non-commercial use only.

3.2 Prohibited Uses

You agree that you shall not and shall not permit others to:

• a) Data Scraping and Unauthorized Collection: Scrape, crawl, extract, download, copy, or harvest data from the Platform using automated tools, scripts, bots, or any unauthorized method;
• b) Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or system architecture of the Platform;
• c) Unauthorized Access: Gain unauthorized access to the Platform, servers, systems, or networks; attempt to bypass security measures, firewalls, or access controls;
• d) Fraud and Misrepresentation: Submit false, fraudulent, misleading, or inaccurate information; create fake or duplicate accounts; impersonate other persons or entities;
• e) Illegal Content: Upload, transmit, or share content that is illegal, defamatory, obscene, offensive, hateful, harassing, threatening, or violates intellectual property rights;
• f) Malicious Activities: Transmit viruses, malware, ransomware, or any code designed to damage, disrupt, or interfere with the Platform, systems, or users;
• g) Spam and Harassment: Send unsolicited communications, spam, bulk messages, or engage in any form of harassment or abuse;
• h) Commercial Use: Use the Platform for commercial purposes, business operations, competitive intelligence, or unauthorized business activities;
• i) Health Professionals Misuse: If you are a healthcare professional, you shall not use the Platform to generate unauthorized referrals, solicit patients inappropriately, or violate professional ethics;
• j) Intellectual Property Violation: Violate, infringe, or misuse intellectual property rights of HealAssist or third parties;
• k) System Disruption: Disrupt, overload, or interfere with the normal functioning of the Platform or its systems;
• l) Unauthorized Sharing: Share, sell, transfer, or authorize others to use your account or access credentials;
• m) Competitive Activities: Monitor, benchmark, or conduct competitive research on the Platform;
• n) Deep Linking: Create unauthorized links to the Platform or specific pages without permission;
• o) Content Removal: Attempt to remove, obscure, or alter any proprietary notices, copyright, or ownership information;
• p) Policy Violation: Violate any terms, policies, guidelines, or conditions established by HealAssist;
• q) Legal Violation: Engage in any conduct that violates applicable laws, regulations, or court orders.

3.3 Consequences of Prohibited Use

Any violation of prohibited uses shall result in:

• a) Immediate account suspension or termination;
• b) Removal of content;
• c) Loss of access to the Platform;
• d) Potential legal action and liability;
• e) Cooperation with law enforcement authorities;
• f) Collection of damages and legal costs.

4.1 Platform Ownership

HealAssist owns, or has valid licenses for, all intellectual property rights in the Platform, including but not limited to:

• a) Source Code and Systems: The underlying code, architecture, algorithms, and technology systems;
• b) Trademarks and Logos: "HealAssist," associated logos, slogans, and brand identifiers;
• c) Content: All text, graphics, images, videos, data compilations, hospital databases, information, and other content displayed or made available on the Platform;
• d) Databases: All databases, data collections, and compilations of information;
• e) Features and Functionality: All features, functionality, tools, interfaces, and user experience elements;
• f) Documentation: All documentation, manuals, guides, and related materials.

All rights are reserved. No part of the Platform may be reproduced, transmitted, distributed, or used without HealAssist's prior written consent.

4.2 User License Grant

Subject to your compliance with these Terms, HealAssist grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial purposes as contemplated in these Terms. This license is non-transferable and may be revoked at any time.

4.3 User-Generated Content

4.3.1 User Content Rights

If the Platform permits you to post, submit, upload, or otherwise contribute content (including but not limited to reviews, ratings, feedback, comments, testimonials, photos, videos, or other materials) (collectively, "User Content"), you represent and warrant that:

• a) You own or have valid authorization to use all User Content;
• b) User Content does not infringe third-party intellectual property rights, privacy rights, or other rights;
• c) User Content complies with applicable laws and is not illegal, obscene, defamatory, or harmful;
• d) You have obtained all necessary consents and permissions for the use of User Content.

4.3.2 Grant of Rights to HealAssist

By submitting User Content on the Platform, you irrevocably grant HealAssist (and its successors, licensees, and authorized partners) perpetual, worldwide, royalty-free, non-exclusive, transferable, and fully sublicensable rights to:

• a) Use and Reproduce: Reproduce, copy, and create derivative works based on User Content;
• b) Display and Distribute: Display, publish, broadcast, and distribute User Content on the Platform and through any other channels (website, mobile app, social media, marketing materials, third-party platforms, etc.);
• c) Modification: Modify, edit, truncate, excerpt, or adapt User Content as HealAssist deems appropriate;
• d) Commercial Use: Use User Content for commercial purposes, marketing, promotional activities, and business operations;
• e) Archive and Preservation: Archive, backup, and preserve User Content for compliance, business continuity, and operational purposes;
• f) Attribution: Remove or retain attribution to you at HealAssist's discretion;
• g) Further Licensing: License, sublicense, and authorize third parties to use User Content.

4.3.3 Perpetual Rights

These rights are perpetual, irrevocable, and survive termination of your account, discontinuation of services, or deletion of User Content. You waive any moral rights associated with User Content, including rights of attribution, integrity, and privacy in User Content.

4.3.4 Third-Party Content Rights

User Content posted on the Platform (including reviews, ratings, feedback about hospitals) may be shared with hospitals, healthcare providers, and third parties. Such third parties may use this information for their own purposes, including promotional use, reputation management, and business operations.

4.3.5 No Confidentiality

You acknowledge that User Content posted on the Platform is not confidential. HealAssist and third parties may use, disclose, and license User Content without restriction or compensation to you.

5.1 Hospital Listing Eligibility

HealAssist maintains the right, in its sole discretion, to determine which hospitals are listed on the Platform based on:

• a) Internal Criteria: HealAssist's internal verification criteria, eligibility standards, and quality standards;
• b) Hospital Application: Hospitals' application and registration requests;
• c) Verification Process: HealAssist's internal verification and due diligence processes;
• d) Compliance: Hospital compliance with applicable law and regulatory requirements;
• e) Agreement: Execution of written agreements between HealAssist and the hospital.

5.2 Hospital Information Accuracy

CRITICAL DISCLAIMER:

• a) Hospital Responsibility: Each hospital listed on the Platform is solely responsible for the accuracy, completeness, currency, and legality of all information provided by the hospital, including services offered, pricing, facilities, doctor information, qualifications, certifications, and availability;
• b) Minimal Verification: HealAssist performs minimal or no verification of hospital-provided information and does not independently verify the accuracy of such information;
• c) No Guarantee: HealAssist does not guarantee the accuracy, completeness, or truthfulness of any hospital information displayed on the Platform;
• d) Changes and Updates: Hospital information may change, become outdated, or be inaccurate. HealAssist is not responsible for updating or correcting hospital information in real time;
• e) User Verification: Users are solely responsible for independently verifying hospital information, credentials, services, and pricing through direct communication with hospitals;
• f) No Representation: Display of hospital information on the Platform does not constitute representation, warranty, or endorsement by HealAssist regarding the accuracy or reliability of such information.

5.3 Hospital Agreements

HealAssist maintains written agreements with partner hospitals that outline:

• a) Information provision and accuracy obligations;
• b) Service standards and compliance requirements;
• c) Data handling and privacy obligations;
• d) Termination and removal conditions.

However, HealAssist assumes no liability for hospital breach of such agreements or for any hospital conduct, negligence, malpractice, or violations.

5.4 Hospital Quality and Performance

HealAssist does not guarantee the quality, safety, effectiveness, or appropriateness of any hospital's services, facilities, or treatment. Hospital selection, quality assessment, and suitability determination are solely the responsibility of the user.

5.5 Hospital Removal and Delisting

HealAssist reserves the right to remove, delist, or suspend any hospital from the Platform at any time without notice or liability if the hospital:

• a) Violates applicable law or regulations;
• b) Breaches agreements with HealAssist;
• c) Provides inaccurate or misleading information;
• d) Engages in fraudulent or unethical practices;
• e) Receives complaints or negative feedback;
• f) Fails to maintain compliance standards.

6.1 Free Platform for Users

The Platform is completely free for patients/users. HealAssist does not charge patients any fees for:

• a) Accessing the Platform;
• b) Searching and discovering hospitals;
• c) Comparing hospitals and services;
• d) Submitting inquiries;
• e) Receiving hospital information or recommendations;
• f) Initial hospital consultation or contact.

6.2 Hospital Revenue Model - Non-Medical Business Services

HealAssist charges partner hospitals exclusively for non-medical business services, specifically:

• a) Marketing Services: Promotional visibility, featured listings, targeted marketing, and digital marketing services;
• b) Patient Outreach Services: Lead generation, patient acquisition assistance, and outreach program support;
• c) Patient Facilitation Services: Patient registration assistance, inquiry management, appointment coordination, and patient support services;
• d) Administrative Services: Administrative support, data management, reporting, and analytics services.

6.3 Non-Medical Referral Nature

IMPORTANT COMPLIANCE NOTICE: In full compliance with National Medical Commission (Regulations) 2022 (formerly Medical Council of India Code of Ethics 2002):

• a) Not Medical Referral: Charges levied on hospitals do not constitute or imply any form of medical referral, clinical recommendation, or patient inducement as prohibited under medical ethics regulations;
• b) Business Services Only: All charges are exclusively for non-medical business support services (marketing, outreach, facilitation) that are not subject to medical referral restrictions;
• c) No Clinical Referral: The Platform does not provide clinical referrals, medical recommendations, or clinical patient matching based on medical criteria or clinical suitability;
• d) Hospital Matching Criteria: Patient-hospital matching is based on non-medical criteria only, including location, cost, facilities, services, and user preferences—not medical indications or clinical suitability;
• e) User Autonomy: Users independently select hospitals based on their own judgment, and HealAssist does not influence or recommend based on medical factors;
• f) No Inducement: Hospitals are not incentivized based on patient outcomes, treatment delivery, or medical referral volume.

6.4 Pricing and Fee Changes

HealAssist reserves the right to:

• a) Modify Pricing: Change, increase, or modify hospital service charges and fee structures at any time with reasonable notice to hospitals;
• b) Add Services: Introduce new services or paid features;
• c) Discontinue Services: Discontinue services or features without liability;
• d) Promotional Pricing: Offer promotional rates, discounts, or special pricing at its discretion.

7.1 User Payments

Users do not make payments through HealAssist. Any payments for hospital services, treatments, or medical procedures are made directly between the user and the hospital outside the Platform.

7.2 Hospital Payments

Hospital service charges are invoiced separately by HealAssist and governed by separate agreements with hospitals. Hospital payment terms, billing, and collection are separate from these Terms of Use.

7.3 Refund Policy

NO REFUNDS ARE PROVIDED under the following circumstances:

• a) Post-Treatment: Once treatment or services have been commenced or completed at a hospital, no refunds are available for any reason;
• b) Hospital Services: Refunds for medical treatment, hospital services, or medical procedures must be requested directly from the hospital, not from HealAssist;
• c) Patient Satisfaction: HealAssist does not provide refunds or compensation based on patient satisfaction, treatment outcomes, or hospital experience;
• d) Pre-Treatment Only: If a user cancels before any hospital engagement or treatment commencement, user-side requests may be considered (though not guaranteed), but no guarantees are made;
• e) Hospital Discretion: Hospital-side refunds for treatment are entirely at the hospital's discretion and are not HealAssist's responsibility.

7.4 Dispute Resolution for Payments

For disputes regarding hospital services or payments, users must contact the hospital directly. HealAssist is not responsible for resolving payment disputes between users and hospitals.

8.1 Medical DISCLAIMERS

8.1.1 No Medical Services

CRITICAL DISCLAIMER: HealAssist:

• a) Does NOT provide medical services, medical advice, diagnosis, treatment, or healthcare delivery;
• b) Does NOT constitute a healthcare provider and does not practice medicine;
• c) Does NOT provide clinical recommendations or medical referrals;
• d) Does NOT diagnose, treat, cure, mitigate, prevent, or manage any medical condition or disease;
• e) Does NOT provide personalized medical advice or clinical guidance;
• f) Is NOT a substitute for professional medical consultation or professional medical advice from licensed healthcare providers.

8.1.2 For Medical Matters, Consult Healthcare Professionals

You acknowledge and agree that:

• a) For any medical concerns, medical conditions, symptoms, or health-related matters, you must consult a licensed physician, healthcare professional, or medical specialist;
• b) Any information provided on the Platform regarding health, medical conditions, or treatments is general informational content only and is not medical advice;
• c) Medical diagnosis, treatment decisions, clinical recommendations, and healthcare choices are exclusively between you and your treating healthcare provider;
• d) HealAssist's information should never substitute professional medical judgment or consultation;
• e) Self-diagnosis or self-treatment based on Platform information is dangerous and expressly prohibited;
• f) Medical emergencies require immediate professional medical attention, not Platform consultation.

8.1.3 Emergency Situations

In case of medical emergencies:

• a) DO NOT rely on the HealAssist Platform for emergency assistance;
• b) Immediately contact emergency services by dialing 112 (or local emergency number) in India;
• c) Visit the nearest hospital emergency department immediately;
• d) Call emergency ambulance services (e.g., dial 108 in India for ambulance);
• e) Do not delay seeking immediate medical care to use the Platform.

HealAssist shall NOT be held liable for any delay, failure, or inadequacy in emergency response, treatment, or care resulting from reliance on the Platform during emergencies.

8.2 Hospital Quality and Performance Disclaimers

8.2.1 Hospital Independence

All hospitals listed on the Platform are independent entities not controlled by, owned by, affiliated with, or acting as agents of HealAssist (except for the limited purpose of being listed for patient discovery).

8.2.2 Hospital Liability

HealAssist is NOT responsible for and shall NOT be liable for:

• a) The quality, safety, effectiveness, appropriateness, or legality of hospital services;
• b) Hospital staff competence, qualifications, certifications, or medical expertise;
• c) Medical malpractice, negligence, or adverse events at hospitals;
• d) Treatment outcomes, medical errors, or complications arising from hospital treatment;
• e) Hospital conduct, practices, policies, or business operations;
• f) Violations of professional standards or regulations by hospitals;
• g) Breach of agreements between hospitals and patients;
• h) Hospital failure to provide promised services;
• i) Hospital billing practices, pricing accuracy, or financial dealings;
• j) Any damage, injury, or loss resulting from hospital services or conduct.

8.2.3 Sole Responsibility of Hospital

Each hospital is solely responsible for:

• a) Providing appropriate, safe, effective medical services;
• b) Maintaining professional standards and regulatory compliance;
• c) Obtaining informed consent from patients;
• d) Ensuring staff qualifications and competence;
• e) Maintaining patient safety and confidentiality;
• f) Providing accurate information about services and pricing;
• g) Handling patient data securely and in compliance with law;
• h) Resolving patient complaints and disputes.

8.2.4 Hospital Selection and Due Diligence

You acknowledge and agree that:

• a) Your responsibility: Selecting a hospital is entirely your responsibility;
• b) Independent verification: You must independently verify hospital credentials, qualifications, services, and reputation;
• c) Research and inquiry: You should research hospitals thoroughly, check credentials, review feedback, and make informed decisions;
• d) Direct communication: You should communicate directly with hospitals to clarify services, pricing, and expectations;
• e) Assumption of risk: By selecting and engaging with a hospital through the Platform, you assume all risk associated with that hospital and its services.

8.3 Information Accuracy Disclaimers

8.3.1 General Disclaimer on Information

HealAssist makes no warranty or representation regarding:

• a) The accuracy, completeness, currency, or reliability of any information on the Platform;
• b) Hospital information, including services, pricing, facilities, doctor qualifications, certifications, or availability;
• c) The truthfulness or validity of user-provided information;
• d) The accuracy of comparisons, recommendations, or matches;
• e) The reliability of third-party information or data sources.

8.3.2 "As Is" Disclaimer

The Platform and all information are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to:

• a) Implied warranties of merchantability or fitness for a particular purpose;
• b) Warranties of accuracy, completeness, or relevance;
• c) Warranties of non-infringement or title;
• d) Warranties of absence of viruses or harmful code;
• e) Warranties of uninterrupted availability or compatibility.

8.3.3 User Verification Responsibility

You assume sole responsibility for:

• a) Verifying all information before relying on it;
• b) Independently confirming hospital information through direct contact;
• c) Assessing the relevance and appropriateness of hospitals for your needs;
• d) Conducting due diligence before engaging with hospitals;
• e) Determining the accuracy and reliability of information.

8.4 Service Availability and Platform Disclaimers

8.4.1 Service Interruptions

HealAssist does not guarantee continuous, uninterrupted, or error-free access to the Platform. The Platform may experience:

• a) Scheduled Maintenance: Scheduled maintenance, updates, and improvements (with or without notice);
• b) Unscheduled Downtime: Unplanned downtime, system failures, or technical issues;
• c) Internet Issues: Internet connectivity problems, network disruptions;
• d) Performance Issues: Slow performance, latency, or functionality delays;
• e) Complete Discontinuation: Service discontinuation or platform shutdown.

8.4.2 Right to Modify Services

HealAssist reserves the right to:

• a) Add or Remove Features: Add, modify, or remove Platform features, functionality, or services at any time without notice;
• b) Change User Experience: Modify the user interface, design, or user experience;
• c) Change Services: Alter, suspend, or discontinue services or features without liability;
• d) Technology Changes: Change underlying technology, infrastructure, or systems;
• e) Service Discontinuation: Completely discontinue the Platform or services without liability or compensation.

8.4.3 No Liability for Downtime

HealAssist shall NOT be liable for any downtime, service interruption, loss of data, inability to access the Platform, or inability to use services, including for:

• a) Scheduled maintenance and updates;
• b) Unscheduled technical issues;
• c) Third-party provider failures;
• d) Internet connectivity issues;
• e) Device or software incompatibility.

8.5 Limitation of Liability

8.5.1 Aggregate Liability Cap

To the maximum extent permitted by applicable law, HealAssist's total aggregate liability for any and all claims, damages, losses, and expenses arising from or related to these Terms, the Platform, services, or your use thereof shall not exceed the amounts you have paid to HealAssist (if any). If you have not paid any fees, liability shall be capped at nominal damages only.

8.5.2 Exclusion of Damages

HealAssist shall NOT be liable for any:

• a) Direct Damages: Direct, indirect, incidental, special, consequential, or punitive damages;
• b) Lost Profits: Loss of profits, revenue, business opportunity, or business advantage;
• c) Lost Data: Loss or corruption of data, files, or information;
• d) Lost Opportunity: Lost opportunity or failed business transactions;
• e) Reputational Harm: Reputational damage, loss of goodwill, or brand damage;
• f) Personal Injury: Personal injury, physical harm, or emotional distress;
• g) Medical Damage: Medical complications, adverse health outcomes, or treatment failures;
• h) Third-Party Conduct: Any damage resulting from third-party conduct (including hospitals, other users, hackers);
• i) Non-Economic Losses: Any non-economic or intangible losses.

8.5.3 Damage Exclusion Application

These limitations apply regardless of:

• a) The nature of the claim (contract, tort, negligence, strict liability);
• b) Whether HealAssist was advised of the possibility of such damages;
• c) Whether remedies fail of their essential purpose;
• d) The basis of the claim.

8.6 Hospital Disclaimer

HealAssist is NOT responsible for hospitals' conduct, practices, or service delivery. Each hospital is an independent entity. Users release HealAssist from all liability related to hospitals, their services, or their conduct.

8.7 Data Accuracy and Self-Declared Information Disclaimer

You acknowledge that you provide all personal information voluntarily and at your own risk. HealAssist:

• a) Does not verify your personal information;
• b) Does not validate your age, identity, insurance information, or any other data;
• c) Is not liable for any consequences of inaccurate, false, or fraudulent information you provide;
• d) Assumes no liability if hospitals or third parties rely on inaccurate information you provide.

9.1 Informal Resolution

Before initiating formal disputes, you and HealAssist agree to attempt to resolve disputes through:

• a) Good Faith Negotiation: Direct communication and negotiation between parties;
• b) Grievance Process: Following HealAssist's formal grievance procedure as outlined in the Privacy Policy;
• c) Reasonable Timeline: Attempting resolution within thirty (30) days of the dispute arising.

9.2 Arbitration Agreement

Subject to applicable law, disputes that cannot be resolved through informal negotiation shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

• a) Arbitrator Selection: The dispute shall be heard by a single arbitrator mutually agreed upon by the parties or, if parties cannot agree, appointed under the Arbitration Act;
• b) Seat of Arbitration: The arbitration seat shall be Gurugram, Haryana, India;
• c) Arbitration Rules: The arbitration shall be conducted in accordance with Indian law and procedures as per the Arbitration Act;
• d) Language: The arbitration shall be conducted in English language;
• e) Award: The arbitrator's award shall be final and binding on both parties;
• f) Cost: Each party shall bear its own costs, and arbitrator fees shall be split equally unless the arbitrator orders otherwise.

9.3 Court Jurisdiction

Notwithstanding arbitration, the following matters shall be subject to exclusive jurisdiction of courts in Gurugram, Haryana, India without arbitration:

• a) Intellectual property disputes;
• b) Injunctive relief or emergency orders;
• c) Enforcement of arbitration awards;
• d) Claims by HealAssist for breach of confidentiality or intellectual property protection.

9.4 Class Action Waiver

You irrevocably waive any right to participate in class action lawsuits or representative actions against HealAssist. All disputes must be resolved individually through arbitration or court proceedings, not as class actions or group claims.

9.5 Limitation Period

Any dispute must be brought within one (1) year from the date the dispute arises. Claims brought after this period are time-barred and waived.

10.1 User Indemnification

You irrevocably agree to indemnify, defend, and hold harmless HealAssist, its officers, directors, employees, agents, successors, and licensees from and against any and all:

• a) Claims and Lawsuits: Any claims, lawsuits, legal proceedings, or demands;
• b) Liabilities and Damages: Any liabilities, damages, losses, penalties, fines, or expenses;
• c) Causes of Action: Arising from or related to:

10.2 Defense Cooperation

You agree to cooperate fully with HealAssist in the defense of any indemnified claims, including providing information, documentation, and testimony as requested.

11.1 Contact Authorization

By submitting your contact details on the Platform, you authorize HealAssist and hospitals to contact you via:

• a) Telephone calls;
• b) SMS/WhatsApp messages;
• c) Email communications;
• d) Other electronic or non-electronic communication methods;

For purposes of:

• a) Service delivery and hospital matching;
• b) Appointment scheduling and coordination;
• c) Treatment assistance;
• d) Follow-up communication;
• e) Service updates and notifications;
• f) Promotional and marketing communications (unless you opt-out).

You authorize such contact notwithstanding registration under Do Not Call (DNC) or National Consumer Protection Authority (NCPA) registries, to the extent permitted by applicable law.

11.2 Communication Consent

You acknowledge that you are providing informed, explicit consent for communications and understand that such consent may result in frequent or repeated contact by HealAssist and hospitals. You may opt-out of non-essential communications by notifying care@healassist.in.

12.1 No Responsibility

The Platform may contain links, references, or redirects to third-party websites or services (including hospital websites, social media, payment gateways, or other external platforms). HealAssist:

• a) Is not responsible for the content, services, products, or practices of third-party websites;
• b) Does not endorse or recommend third-party websites or services;
• c) Is not liable for any damage or loss arising from third-party websites;
• d) Disclaims responsibility for the accuracy, legality, or safety of third-party content.

12.2 Third-Party Terms

You acknowledge that third-party websites have their own terms of use, privacy policies, and disclaimers. By accessing third-party websites, you agree to their terms and accept their conditions.

13.1 Legal Compliance

You agree to use the Platform in compliance with:

• a) All applicable laws, regulations, and directives of India;
• b) All applicable laws of your jurisdiction of residence;
• c) All regulatory requirements and court orders;
• d) All industry standards and ethical guidelines;
• e) All agreements with HealAssist.

13.2 Prohibited Jurisdictions

If you are prohibited by applicable law or regulatory authorities in your jurisdiction from using the Platform or services, you must immediately discontinue use.

13.3 National Medical Commission Compliance

The Platform operates in full compliance with:

• a) National Medical Commission (Regulations) 2022;
• b) Medical Council of India Code of Ethics 2002 (as applicable);
• c) Regulations prohibiting unauthorized medical referrals or patient inducements;
• d) Professional ethics and regulatory requirements for healthcare platforms.

14.1 Right to Modify

HealAssist reserves the right to modify, amend, update, or supplement these Terms of Use at any time at its sole discretion.

14.2 Notification of Changes

Material changes shall be notified to users through:

• a) Website banner or homepage notice;
• b) Email notification to registered users;
• c) Updated "Last Updated" date on these Terms;
• d) In-app notifications or messages.

14.3 Acceptance of Changes

Continued use of the Platform after modifications constitutes acceptance of updated Terms. Users who disagree with changes must discontinue use of the Platform.

14.4 Effective Date

Updated Terms become effective immediately upon publication, except as otherwise specified in the modification notice.

15.1 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of India, specifically including:

• a) The Information Technology Act, 2000;
• b) The Consumer Protection Act, 2019;
• c) The Indian Contract Act, 1872;
• d) The Indian Penal Code, 1860;
• e) The National Medical Commission (Regulations) 2022;
• f) All other applicable laws of India.

15.2 Exclusive Jurisdiction

All disputes, claims, and legal proceedings arising from these Terms shall be subject to the exclusive jurisdiction of competent courts located in Gurugram, Haryana, India. You irrevocably submit to such jurisdiction and waive any objection to jurisdiction or venue.

15.3 Severability

If any provision of these Terms is found invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

These Terms of Use, together with the Privacy Policy and any other policies published on the Platform, constitute the entire agreement between you and HealAssist regarding your use of the Platform and supersede all prior communications, understandings, and agreements.

For any questions, clarifications, or concerns regarding these Terms of Use: