Terms & Conditions

THESE TERMS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 PRESCRIBED UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS OF THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENT TO NUMEN HEALTH AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000 AND THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES) RULES, 2011.

DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 112 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

Anantm Technologies Private Limited and its affiliates (collectively, “Numen Health”, “we”, “us” or “our”) operate the website located at https://www.numenhealth.com/ and other related websites and the Numen Health mobile application and website (the “Application”) (“collectively, the “Platform” or “Site”) with links to these Terms of Service. We offer health checks, consultation and other services that may be supplied / provided by third party service providers and suppliers of Numen Health from time to time which includes include Doctor consultation by healthcare professionals (“Care Giver”), (“Services”). By downloading and using the Platform, you agree to be bound by the terms of service set out below (the “Agreement”). If you do not wish to be bound by any of the terms of the Agreement, you may not use the Platform or the Services.

Numen Health reserves the right to amend and update this Agreement at any time. Amendments will be effective upon our posting of such updated terms at this location or in the amended policies (if any) or supplemental terms (if any) on the applicable Service(s). Your continued access or use of the Platform after such posting confirms your consent to be bound by the terms, as amended.

Words denoting one gender shall include the other gender. Words denoting a singular number shall include the plural and vice versa.

Website Content

None of the Site content (other than information you receive from Care Giver) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Services

The Care Giver who deliver services through Numen Health are independent professionals practicing within a group of independently owned professional practices. Numen Health does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Numen Health nor any third parties who promote the services or provide you with a link to the services shall be liable for any professional advice or service you obtain from a Care Giver via the services.

Privacy First

Numen Health is committed towards safety and security of your personal information. Furthermore, the information provided by you to your Care Giver whilst availing Services is confidential, except for certain legal exceptions or permitted usage as detailed out in our Privacy Policy. Numen Health cannot ensure the security or confidentiality of messages sent by email owing to their de facto insecure nature. All your information related to you are stored on secure encrypted servers maintained by Numen Health.

The Care Giver may disclose your health history and other information which by nature may deemed to be confidential or secret that have been discovered whilst undertaking the Services or as intimated by you to prepare a case summary in case a specialist needs to be referred to. By agreeing to this Agreement you hereby give your irrevocable consent for such disclosure.

User Accounts

When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Numen Health (collectively “Account Information”). To create and Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your Account. Numen Health reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Numen Health be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Eligibility

  • You must reside in India and be 18 years of age or older to use the Site and the services provided through the Application. You understand that there may be no Doctor in your area and we cannot guarantee that a Doctor or other Care Giver will be available to provide Services in your area.

  • If you are requesting pediatric services for a minor, you must verify that you are the parent, guardian or other adult responsible for the minor. By using the Site and our services you represent that you are at least 18 years of age or are the parent, guardian or other adult responsible for a minor.

  • You must notify us immediately of any change in your eligibility to use the services including without limitation any changes to your medical condition or physical fitness.

Our Services

Consultation Services by Doctor

  • Our Site provides you with a platform to connect with a medically certified and duly registered doctor (“Doctor”) who will provide services to you through an online interface and on-demand, be it at your home, office or hotel (“Home Visit”) or at Doctor’s .clinic. We perform thorough background checks on Doctors to ensure that they are medically certified and duly registered with the Indian Medical Council.

  • The Doctors empaneled on Numen Health, are not employees of Numen Health. Employees of Numen Health do not provide users healthcare services and take no part in your medical diagnosis and/or treatment. Numen Health shall not be liable for any professional advice from the Doctor providing the service to the users in-person or via telephone, nor for any information obtained on our Site. We do not recommend or endorse any specific tests, healthcare or service providers, medications, products or procedures. You acknowledge that your reliance on any Doctors empaneled on our Application or information provided by such Doctor to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.

  • Consult with your regular licensed doctor as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or healthcare related procedure or activity. Do not disregard medical advice issued to you by your regular licensed doctor or healthcare provider.

  • The Doctor that promotes itself on Numen Health is an independent professional solely responsible for the services he or she provides to you, and Numen Health is not responsible for any issues you may have with respect to the Doctor’s or healthcare professional’s professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Doctor or healthcare professionals.

  • You can also visit the Doctor’s clinic post taking prior appointment from the Doctor subject to his availability.

  • Upon request for a House Call, the Application will automatically transmit your location which will be used to determine whether the Doctor provides services in your area. Upon providing certain relevant information to the Doctor through the Application, if a Doctor is available, he or she will be dispatched to your location.

  • If you are using the Application for Services to a minor, you must be available during the Doctor’s consultation with the minor, you are responsible for payment for the Services provided to the minor, and are assuming the obligations of this Agreement as they relate to the minor.

  • Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. You are responsible for all equipment and/ or devices necessary to access the Application.

Fees/Rates

  • Numen Health charges a fee for the consultation by charging the fees to your credit card or bank account. The fee to be charged is as indicated in the Application and such fees/rates are subject to change at the discretion of Numen Health at any time without prior notice.

  • If you wish for the Doctor to attend to another person while the Doctor is attending to your request, you will need to submit a new request accordingly.

Tele Services

Tele Services is the rendering of Services by means of audio visual means where the patient and the Care Giver are not in the same physical location. At Numen Health, we offer such online tele services enabling users to report their health history and engage Care Giver to obtain Services. All of the Care Givers the Treating Providers who deliver tele Services through Numen Health are independent professionals solely responsible for the services each provides to you. Numen Health does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Care Givers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Numen Health nor any third parties who promote the tele Services shall be liable for any professional advice you obtain from a Care Giver via the tele Services. It is hereby clarified that the tele Services is not a substitute to the rendering of Services physically by the Care Giver.

During your tele consultation with a Care Giver, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Care Giver may perform a physical examination through these technologies.

The telem Services you receive from Care Giver are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Care Giver. However, your initial visit with a Care Giver will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other Care Giver as recommended. We may make arrangements for follow up care either through Numen Health or other healthcare providers. You will have direct access to customer support services to follow up on medication reactions, side effects or other adverse events. Among the benefits of our telemedicine Services are improved access to Care Giver and convenience. However, as with any health service, there are potential risks associated with the use of tele Services. These risks include, but may not be limited to:

  • Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.

  • Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.

  • By accepting these Terms of Service, you acknowledge that you understand and agree with the following:

  • You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured.

  • You understand and have read Numen Health’s Privacy Policy, which can be found here: https://www.numenhealth.com/privacy-policy

  • Your Treating Provider may determine that the telemedicine Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telemedicine services to you through the Site.

Risk and Property

  • Numen Health shall not hold risk and/or property in the Products at any time. Numen Health shall not be liable for any costs incurred or suffered due to loss or destruction of, or damage to, the Products delivered to you.

  • Risk of damage to or loss of the Product(s) purchased shall pass to the customer at the time of delivery, or if the customer wrongfully fails to take delivery of the Product(s) purchased, the time when delivery of the Product(s) is tendered by the Partner.

  • Notwithstanding delivery and the passing of risk in the goods purchased or any other provision of these Terms and Conditions the property in the goods purchased shall not pass to the customer until and unless the Company has received in cleared funds payment in full of the price of the goods purchased and all other goods agreed to be sold by Numen Health to the customer for which payment is then due.

Feedback

  • You hereby grant Numen Health an exclusive, royalty-free, perpetual, transferable and irrevocable license to:

  • use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display any comments, bug reports, or feedback provided by you to the Site (collectively, “Customer Assessment”) throughout the world in any media for any purpose, now known or hereafter devised; and

  • use the name that you submit in connection with your Customer Assessment. You represent that your Customer Assessment are non-confidential, non-proprietary, and do not breach any third party’s rights.

  • You further agree that Customer Assessment of the other customers and Site users are not monitored for accuracy, completeness, thoroughness or timeliness, and do not constitute medical or healthcare advice or recommendation of any kind.

  • Numen Health reserves the right for any reason in its sole discretion to remove without notice any Customer Assessment from the Site.

Cancellations, Exchanges and Refunds

  • Numen Health may, at its sole and absolute discretion, allow cancellations, exchanges or refunds on Product(s) or service purchased which are goods, on a case-by-case basis, on the following conditions:

  • The request for cancellation is made to Numen Health within twenty-four (24) hours from the time of order of the Product(s);

  • the request for exchange or refund is made to Numen Health within seven (24) hours from the date of delivery of the Product(s); and

  • The Product(s) in question is of unsatisfactory quality, defective, unfit for their intended purposes, or do not match their description on the Site.

  • Cancellations, exchanges, or refunds on Product(s) which are goods may be subject to a processing fee as shall be determined by Numen Health in its sole and absolute discretion, on a case-by-case basis.

  • Numen Health may, at its sole and absolute discretion, allow extension of the redemption or validity period of a Voucher, on a case-by-case basis, subject to the availability of the Partner, provided the following are fulfilled; and

  • The request for extension is made to Numen Health before the Voucher is redeemed.

Modification/ Suspension or Termination of Customer Account

Numen Health reserves the sole and absolute right to:

  • Add, amend and/or vary the Services without assigning any reasons whatsoever and without any prior notice; and/or(suspend the operation of the Customer Account and/or terminate the Customer Account without assigning any reasons whatsoever and without any prior notice.

Disclaimers of Warranties

  • You irrevocably and unconditionally agree to use the Site and the Services at your own risk. Numen Health expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Site and the Service, and assumes no liability or responsibility to you.

  • You further irrevocably and unconditionally agree that your access to, and use of the Site and the Services are on an “as-is”, “as available” basis and Numen Health specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement.

  • You irrevocably and unconditionally agree to use the Site and the Services at your own risk. Numen Health expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Site and the Service, and assumes no liability or responsibility to you.

Internet Delays

You acknowledge that the Service and/or the Application may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications, including the device used by you or the Care Giver / First Ambulance being faulty, not connected, out of range, switched off or not functioning. Neither Numen Health or its affiliates or Care Givers shall be responsible for any delays, delivery failures, damages or losses resulting from such problems.

IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS

  • IF YOU CHOOSE TO BE CONNECTED WITH THE DOCTOR AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO THE DOCTOR. IF THE DOCTOR IS AVAILABLE, THE DOCTOR WILL MAKE A HOUSE CALL TO YOU AT A LOCATION OF YOUR CHOICE AS INDICATED TO THE DOCTOR.

  • WITH RESPECT TO THE PROVISION OF HOUSE CALLS, THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH INFORMATION REGARDING A DOCTOR THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM OUR APPLICATIONS. HOWEVER, THE PATIENT CAN MAKE AN IN-CLINIC VISIT TO THE DOCTOR IF THERE IS ANY CLINIC NEAR TO PATIENT’S HOUSE. THE DETAILS OF THE DOCTOR’S CLINIC WILL BE PROVIDED BY NUMEN HELATH . A REPORT OF YOUR SYMPTOMS WILL BE CONVEYED TO THE DOCTOR THROUGH NUMEN HEALTH.

  • BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NUMEN HEALTH IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL.

  • PLEASE NOTE THAT NUMEN HEALTH’S EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH THE DOCTOR AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, NUMEN HEALTH EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF CARE GIVER SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION.

Refund

There shall be no refund once services have been rendered. A refund will be given where cancellation is made before a request has been accepted by the Doctor. After the Doctor has accepted a request, the user will be fully charged irrespective of whether the user cancels the visit or not. The Doctor will be notified if a visit has been cancelled by a user through the application. A refund will also be given if the Doctor cancels a visit. The user will not be charged and the Doctor will not receive a payment for that visit. The user will also be given the option to request for another Doctor and the new transaction will be subject to the same refund policy.

Account Security

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. Numen Health will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device or using unencrypted email to discuss private matters with any Doctor, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.

Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by Numen Health, the Doctor, and the Treating Providers, in accordance with applicable law.

License and Limitations on Use

Numen Health grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of Numen Health or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Numen Health. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

By using the Application or the Services, you agree that your use:

  • Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes.

  • Will not cause nuisance, annoyance, disruption, or inconvenience to the Treating Providers

  • Will not impair the proper operation of the network.

  • Will only be through access points or wireless data account (AP) which you are authorized to use and

  • May involve standard messaging charges by your wireless provider.

Member Conduct

We reserve the right to terminate your Member status if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:

You may not:

  • Upload, post, or transmit to the Doctor or Treating Providers by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable

  • Impersonate any person or entity, including another Member, Treating Providers, or an employee of Numen Health, or falsely state or otherwise misrepresent your affiliation with a person or entity

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted

  • Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice”

  • Attempt to interfere with or disrupt our servers or networks

  • Deal directly with our Care Giver through whatever means outside the Numen Health platform including without limitation SMS, WhatsApp texting, social media messaging and e-mail

  • Stalk or otherwise harass another user or Member of our Services or any of our employees, or the independent Doctor or Treating Providers

  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or Members, including user names or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.

  • Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.

DISCLAIMERS REGARDING DOCTOR AND CARE GIVERS

YOU BY THE DOCTOR OR CARE GIVER ARE SOLELY ATTRIBUTABLE TO THE DOCTOR OR CARE GIVER AND NOT NUMEN HEALTH. RELIANCE ON ANY INFORMATION PROVIDED BY THE DOCTOR OR CARE GIVER ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. NUMEN HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE DOCTOR OR CARE GIVER AND/OR THE SERVICES PROVIDED BY SAID DOCTOR OR CARE GIVER OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. DOCTOR AND CARE GIVER ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH DOCTORS ARE BETWEEN YOU AND THE LICENSED DOCTOR. BY USING THE SERVICE, YOU AGREE NOT TO HOLD NUMEN HEALTH LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE DOCTOR MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL NUMEN HEALTH BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A DOCTOR OR HEALTHCARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY DOCTORS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH DOCTOR AND CARE GIVERPARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON.

Indemnification

You agree to defend, indemnify, and to hold harmless Numen Health and pharmacies, together with their respective affiliates, directors, officers, agents and employees, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Application, Services or our website or your inability to use the Application, Services or our website; or (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold Numen Health (and its officers and directors) harmless applies whether a claim against Numen Health is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our website. In addition, you agree to indemnify, defend and hold harmless your Care Giver(s) from and against any third-party claims resulting from your lack of adherence with the advice or recommendation(s) of such Care Giver. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website.

Business Uses of Our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Numen Health and Pharmacies, together with their respective directors, officers, affiliates, agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.

Governing Law, Jurisdiction and Dispute Resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bhopal, India.

Assignments

Numen Health may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Numen Health’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Promotions and Offers

We may, as part of our services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Application reserves the right to send particular promotions to particular Users. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy; provided, however, that we will not use your personal information for our promotions or for our marketing of products without your prior written consent. Notwithstanding the foregoing, you agree that Numen Health may communicate your personal information to the Doctor featured on the Application in connection with any healthcare services provided by the Doctor and Treating Providers.

Numen Health is not responsible for any unauthorized promotions and offers offered by third parties through the Application.

Force Majeure

Numen Health shall not be liable to you as a result of any delay or failure to perform its obligations under the Terms and Conditions as a result of the Force Majeure Event.

Severability

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

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