• Larkai Healthcare Pvt. Ltd (referred to as “we”, us”, “Larkai Healthcare”) is the author and publisher of the internet resource https://larkai.in/ on the world wide web as well as other software and applications provided by Larkai Healthcare, including but not limited to the mobile applications (referred to as “App”, and together with Websites referred to as “Services”).

• Larkai Healthcare provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”) This privacy policy ("Privacy Policy") explains how we collect, use, share and protect personal information about the Users of the Services (jointly and severally referred to as “you” or “User” or “Users” in this Privacy Policy). We created this Privacy Policy to demonstrate our commitment to the protection of your privacy and your personal information. Your use of and access to the Services is subject to this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.

BY CONFIRMING THAT YOU ARE BOUND BY THIS PRIVACY POLICY (BY THE MEANS PROVIDED ON THIS WEBSITE OR APP), BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY, YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

This Privacy Policy is published in compliance with, Section 43A of the Information Technology Act, 2000. This Privacy Policy states the following:

1. The type of information collected from the Users, including sensitive personal data or information.

2. The purpose, means and modes of usage of such information.

3. How and to whom we will disclose such information.

Generally, some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

1. Contact data (such as your email address and phone number)

2. Demographic data (such as your gender, your date of birth and your pin code)

3. Data regarding your usage of the services and history of the appointments and other transactions made by or with you through the use of Services

4. Health or medical data (such as your past medical history and conditions, diagnostic reports, prescriptions and medication history)

5. Insurance data (such as your insurance carrier and insurance plan)

6. Other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters, your work details, your family details) The information collected from you by larkai Healthcare may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPDI Rules. Personal information is defined under the SPDI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

1. A condition of each User’s use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by Larkai Healthcare immediately.

2. All the information provided to us by a User, including sensitive personal information, is voluntary. You understand that Larkai Healthcare, either itself or with its Partners, may use certain information of yours, which has been designated as ‘sensitive personal data or information’ under the SPFDI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non- personally identifiable form for research, statistical analysis and business intelligence purposes, for (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to our Partners. Larkai Healthcare also reserves the right to use information provided by or about the User for the following purposes:

a. Publishing such information on the Website.

b. Contacting Users for offering new products or services.

c. Contacting Users for taking product and Service feedback.

d. Analyzing software usage patterns for improving product design and utility.

e. Analyzing anonymized information for commercial use.

You hereby consent to such use of such information by Larkai Healthcareand our Partner.

3. Collection of information which has been designated as ‘sensitive personal data or information’ under the SPDI Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such collection as required under applicable law. Our Services may be unavailable to you in the event such consent is not given.

4. Users’ personally identifiable information, which they choose to provide on the Website or App is used to help the Users describe/identify themselves. Other information that does not personally identify the Users as an individual, is collected by Larkai Healthcare or our Partners from Users (such as, patterns of utilization described above) and is exclusively owned by Larkai Healthcare or its partners. We or our Partners may also use such information in an aggregated or non personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties.

5. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on your profile information page on the Websites or App or by contacting us at [link for contact and help---] We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or Larkai Healthcare has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Larkai Healthcare may, at its sole discretion, discontinue the provision of the Services to you.

6. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through [link for the support/customer care]. We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us or our Partners as long as necessary for us to provide our Services effectively or improve the Services, but our use of the anonymized data will be solely for analytic purposes.

7. Larkai Healthcare may require the User to pay with a credit card, debit card, net banking or other online payment mechanisms for Services for which an amount(s) is/are payable. Larkai Healthcare will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process offered by a third party payment gateway. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.

8. Due to the communications standards on the Internet, when a User or anyone who visits the Website, we automatically receive the URL of the site from which anyone visits. We also receive the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer/ device operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help Larkai Healthcare improve its Service. The linkage between User’s IP address and User’s personally identifiable information may be available to us or our Partners but is not shared with other third parties.

9. The Website may use cookies to store certain data (that is not sensitive personal data or information) that is used by us and our partners for the technical administration of the Website, App, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Larkai Healthcare may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any personal information of the User.

10. In order to have access to all the features and benefits on our Website or App, a User must first create an account on our Website or App. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including Larkai Healthcare, to identify the User: name, User ID, email address, address, date of birth, gender, phone number and password chosen by the User. Other optional information may be requested on the registration page. We may, in future, include other optional requests for information from the User to help us to customize the Services to deliver personalized information to the User.

11. Comments or questions sent to us using email or secure messaging forms will be shared with our employees and health care professionals who are most able to address the comment or question. We will archive your messages once we have made our best effort to provide you with a complete and satisfactory response. Data about your transaction may be stored in these systems, and available to people who test and support these systems.

12. If you are using the Websites or App, with your permission, we will use the geolocation feature of your mobile device or same or similar feature of the device you are using to access the Websites. When you download and use the App, we automatically collect information on the type of device you use, operating system version, and the device identifier. Larkai Healthcare and our Partners do not share your location information with other any third party. You may opt out of location-based services on your mobile phone by changing the relevant/ applicable setting at your device level.

13. Larkai Healthcare has implemented international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Larkai Healthcare or its Partners shall not be held liable for any loss whatsoever incurred by the User.

14. Larkai Healthcare ensures it and its partners implement reasonable security practices and procedures that are commensurate with respect to the information being collected. The reasonable security practices and procedures implemented by us include but are not limited to: encrypting data when it is on the move using industry standard practices, regularly changing production keys and password, secure access to all production servers, performing regular security updates on our servers and more.

15. Larkai Healthcare takes your right to privacy very seriously and other than as specifically stated in this privacy Policy, will only disclose your personal information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when Larkai Healthcare in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.

1. No sensitive personal data or information is automatically collected by Larkai Healthcare from any casual visitors of this website, who are merely perusing the site.

2. Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave the Website immediately.

3. You are not a casual visitor if you have willingly submitted any personal data or information to Larkai Healthcare through any means, including email, post or through the registration process on the Website or App. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

1. Your Personal Information is maintained by Larkai Healthcare in electronic form on its or its employees and Partners equipment. We take necessary precautions to protect your personal information online , and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Larkai Healthcare’s business.

2. No administrator at Larkai Healthcare will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone or device. If you suspect any unauthorized use of your account, you must immediately notify Larkai Healthcare by sending an email to tech@larkai.in You shall be liable to indemnify Larkai Healthcare, its employees and Partners due to any loss suffered by them due to such unauthorized use of your account and password.

3. Larkai Healthcare makes all User information accessible to its employees only on a need-to-know basis.

4. Notwithstanding the above, Larkai Healthcare is not responsible for the confidentiality, security or distribution of your personal information by our Partners and third parties outside the scope of our agreement with such Partners and third parties. Further, Larkai Healthcare and its Partners shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Larkai Healthcare and its Partners including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

Larkai Healthcare may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way Larkai Healthcare treats User’s personally identifiable information, or in the Privacy Policy itself, Larkai Healthcare will display a notice on the Website or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. If you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact connect@larkai.in to deactivate your account.

Larkai Healthcare strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Larkai Healthcare Website, App and Services are not intended for use by minors, Larkai Healthcare respects the privacy of minors who may inadvertently use the internet or the mobile application.

You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the other Services, and you unconditionally agree that becoming a User of the Website, the App and its Services signifies your assent to this Privacy Policy. Your visit to the Website, use of the App and use of the Services is subject to this Privacy Policy and the Terms of Use.

Should you have questions about this Privacy Policy or Larkai Healthcare's information collection, use and disclosure practices, you may contact us at connect@larkai.in. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to: connect@larkai.in

Shipment Related

Title and risk of loss to Equipment and Third Party Equipment passes to Buyer on delivery to Buyer’s designated delivery location. The Buyer is responsible for the preparedness of the location for delivery of the Product. The price includes the product cost and goods and services tax and excludes entry taxes (where applicable), which the Buyer will pay. Buyer acknowledges that the price quoted above is based on the effective rate of duty and taxes prevailing on the date of this Agreement and agrees that any increase in any of the duties, levies or taxes or any rates thereof, including the imposition of any new duty, levy or tax after such date will be paid additionally by the Buyer. As mentioned on the website, delivery timelines are subjective and inconclusive as it depends on regulatory approvals, inventory availability, payments, etc. Our sales team will contact you within a reasonable time to inform you of the shipment schedule and pending obligations (if any).

Exclusions to Warranty

This Agreement shall not cover the following:

(a) Consumable parts, such as batteries or protective coatings, body covers, glass items and accessories not supplied by Seller that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship

(b) Cosmetic damage, including but not limited to scratches, dents and broken plastic on ports

(c) Consultation or training to assist Buyer’s development or modification of any software or protocols not provided by the Seller

(d) Material and labour costs associated with reusing existing facilities and temporary installation of products for testing, training and other purposes

(e) Any service, components or parts replacement, or downtime required as the result of-

(i) A design, specification, software program, protocol, or instruction provided by Buyer

(ii) Buyer’s failure to fulfil any of its obligations or responsibilities under any agreement

(iii) The failure of anyone (other than Seller) to comply with Seller’s written instructions or recommendations

(iv) Buyer combining the Product with any item of others or with any incompatible item

(v) Any alteration or improper storage, handling, use, or maintenance of any part of the Product by anyone (other than Seller)

(vi) design or manufacturing defects, specifications, or functionalities in any non-Seller item

(vii) Buyer’s failure to provide and adhere to the specified or recommended power, grounding, temperature, humidity, or other environmental conditions necessary for optimal health of the equipment

(e) Damage by fire, theft, burglary, accident, neglect, misuse, or abuse. Acts of God include but are not limited to earthquakes, storms or tempests (wind), sand, water, floor, rising water, lightning, malicious damage, aircraft, vehicle impact, corrosion, battery leakage, power outages or surges, inadequate or improper voltage, or current, animal or insect infestation.

(f) Consequential losses of any kind and transportation damage are excluded.

(g) Damage caused by service (including upgrades and expansions) performed by anyone not a representative of the Authorized Service Provider

(h) Damage caused by service (including upgrades and expansions) performed by anyone not a representative of the Authorized Service Provider

(i) Product that has been modified to alter functionality or capability without the written permission of Larkai Healthcare Pvt. Ltd.

(j) Defects caused by normal wear and tear or otherwise due to the normal ageing of the Product.

(k) If any serial number has been removed or defaced from the Product

For Repair

Ownership

Intellectual Property

All information displayed, transmitted or carried on this site (including, but not limited to, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, profiles, audio clip, video clips, trademarks, logos, etc) is protected by and in the name of Larkai Healthcare Pvt. Ltd. and under various other intellectual property laws in the territory of India.

• Copyright

All employees (including independent contractors), users, entities, competitors and third parties, while visiting or using the website and buying the Company's product, must adhere to copyright laws and obtain necessary permissions before using any content in any materials created for the Company and displayed on its website.

Any unauthorised use of copyrighted content shall amount to infringement within the meaning of Section 51 of the Copyright Act. The infringer will be prosecuted for causing civil, criminal, or both remedies.

• Trademark

All trademarks, domain names, and logos associated with the Company are the exclusive property of the Company obtained through statutory registration as per the Indian Trademarks Act, 1999.

Any unauthorised use leading to, but not restricted to, counterfeiting, passing-off, or infringement of the Company's trademarks and domain names is strictly prohibited. Any infringing or passing-off action shall be pursued as per the existing laws protecting trademarks and domain names

• Design Rights

All employees (including independent contractors), users, entities, competitors and third parties must respect the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article belonging to the Company or its products, whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which has been utilised in the finished article.

Any person found guilty of violating the design rights of the Company shall be prosecuted and held liable for payment of damages as per the Designs Act, 2000

Except as expressly provided in this clause nothing contained in this website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any intellectual property rights, or under any third party's intellectual property rights, and no part of this web site may be reproduced, republished, copied, transmitted or distributed in any form or by any means without the written permission of Larkai Healthcare Pvt. Ltd. Users are granted a limited license to download material or information from this web site who may take a single copy of the content displayed on this web site for personal, non-commercial use only, provided that they do not remove any trademarks, copyright and any other information contained on this site. Users shall not archive or retain any information or content herein in any form without written permission of Larkai Healthcare Pvt. Ltd

Larkai Healthcare Pvt. Ltd. discourages sending or posting to this web site any information which is considered to be confidential or proprietary. Please note that if any one does send or post any such information or material, Larkai Healthcare Pvt. Ltd. will assume that it is not confidential. Any person by sending or posting any information or material, grants Larkai Healthcare Pvt. Ltd. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information and that Larkai Healthcare Pvt. Ltd. is free to use any ideas, concepts, know-how or techniques that is sent or posted for any purpose on this web site.

As a matter of convenience to users, this web site contains links to other web sites operated by third parties some of which are not controlled by us or affiliated with Larkai Healthcare Pvt. Ltd. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such sites, nor do we control or guarantee the accuracy, integrity or quality of the information, data, sound, photographs, graphics, videos, or other materials available on such sites. The inclusion or exclusion does not imply any endorsement by Larkai Healthcare Pvt. Ltd. of the site, the site's provider, or the information on the site.

Under no circumstances shall Larkai Healthcare Pvt. Ltd. be liable to any users of this site for:

• Loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the material on this site, even if Larkai Healthcare Pvt. Ltd. had been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise.

• Special, direct, indirect, incidental, punitive, exemplary or consequential damages of any kind whatsoever (including without limitation attorney's fees) in any way due, resulting from or arising in connection with the use of or the inability to use this web site or its content/ materials

• Claim attributable to errors, omission or inaccuracies in or destructive properties of any information available herein.

Copyright © 2023 Larkai Healthcare Private Limited. All rights reserved.