Please go through the below mentioned terms and conditions (“Terms”) and the privacy policy before you decide to access the Website or App or avail the Services offered by us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Larkai Healthcare in connection with your visit to the Website and your use of the Services (as defined below). This Agreement applies to all services made available by Larkai Healthcare on the Website or App.

Services may change from time to time, at the sole discretion of Larkai Healthcare, and the Agreement will apply to your visit to and your use of the Website or App to avail the Service, as well as to all information provided by you on the Website or App at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and App and describes the manner in which we shall treat your account while you are registered as a member with us. By downloading or accessing the App or Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time. You hereby acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Larkai Healthcare that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

i. The terms “personal information” and “sensitive personal data or information” are defined under the SPDI Rules, and are reproduced in the Privacy Policy.

ii. Larkai Healthcare and its Partners may by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.

iii. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:

(a) the fact that certain information is being collected;

(b)the purpose for which the information is being collected;

(c) the intended recipients of the information;

(d)the nature of collection and retention of the information;

(e) the various rights available to such Users in respect of such information

iv. Larkai Healthcare and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to Larkai Healthcare or to any other person acting on behalf of Larkai Healthcare or its Partners

v. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Larkai Healthcare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Larkai Healthcare has the right to discontinue the Services to the User at its sole discretion

vi. It is your responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Larkai Healthcare is not responsible for any loss or inconvenience caused due to your non-updation of your contact details.

vii. Larkai Healthcare and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

viii. Larkai Healthcare may now or in the future provide Services where you may be able to :

a. The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless Larkai Healthcare and its Partners with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by the You or on your behalf on the Website or App.

b. The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Larkai Healthcare or its Partners are not liable for any interruption that may be caused to your access of the Services.

c. If you access your dependents’ record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependent’s would have had had they maintained their own separate individual personal health record.

d. If you provide anyone else access to your personal health record, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. Larkai Healthcare or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.

(a) The Services provided by Larkai Healthcare or any of its Partners are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).

(b) Larkai Healthcare and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, or audio content from the Website or App. If a User is dissatisfied with the Website or App, User’s sole remedy is to discontinue using the Website or App.

(a) The Website and App provide you the ability to pay online through a third-party payment gateway for some of the Services available on the Website or App.

(b) If you choose to pay online, you may be directed to a third-party payment gateway to enable processing of the payment. This transaction will be governed by the terms and conditions and privacy policy of the third-party payment gateway. Larkai Healthcare shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly arising out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.

Larkai Healthcare authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, App, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, " Larkai Healthcare Content"), are the property of Larkai Healthcare or its Partners and are protected under copyright, trademark and other applicable laws. User shall not modify the Larkai Healthcare Content or reproduce, display, publicly perform, distribute, or otherwise use the Larkai Healthcare Content in any way for any public or commercial purpose or for personal gain

The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks ("IP Marks") displayed on the Website or App are the property of Larkai Healthcare or its Partners or have been licensed to Larkai Healthcare or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by Larkai Healthcare or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from Larkai Healthcare or its Partners.

The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website or App that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website or App with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website or App should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Larkai Healthcare.

i. Larkai Healthcare reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law where:

(a) Such User breaches any terms and conditions of the Agreement;

(b) A third-party reports violation of any of its right as a result of your use of the Services;

(c) Larkai Healthcare is unable to verify or authenticate any information provide to Larkai Healthcare by a User;

(d) Larkai Healthcare has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

(e) Larkai Healthcare believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Larkai Healthcare its Partners or are contrary to the interests of the Website

ii. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

i. The information available on the Website or App could include inaccuracies or typographic errors. Larkai Healthcare has endeavored to ensure that all the information on the Website is correct, but Larkai Healthcare neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Larkai Healthcare makes no warranty, express or implied, concerning the website or App and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website

ii. In no event shall Larkai Healthcare or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, App, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website or App, or otherwise arising out of the use of the Website or App, whether based on contract, tort, negligence, strict liability or otherwise. Further, Larkai Healthcare shall not be held responsible for non-availability or access to the Website or App during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Larkai Healthcare control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

User agrees to indemnify and hold harmless Larkai Healthcare, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Larkai Healthcare will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost

i. You agree that this Agreement and any contractual obligation between the Company and User will be governed by the laws of India..

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

i. If a User has any questions concerning the Company, the Website or App, this Agreement, the Services, or anything related to any of the foregoing, please write to us at connect@larkai.in

ii. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: connect@larkai.in

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.