# Terms of Use

 

## 1. Introduction

 

1.1. These terms of use, read together with the Privacy Policy, constitute a legal and binding contract (the “Agreement”) between you and **Cupid Clinics (SHTCPL)**, a company existing under the laws of India. This Agreement governs your access to use (i) the **SHTCPL** website [INSERT WEBSITE], (ii) **SHTCPL** mobile applications, (iii) **SHTCPL** online healthcare solutions, which inter alia facilitate interaction between healthcare providers including, but not limited to, healthcare practitioners such as doctors, diagnostic centres, etc. (collectively referred to as the “Healthcare Providers”) and recipients (the “Healthcare Recipients”). The Healthcare Providers and the Healthcare Recipients shall hereinafter collectively be referred to as “Users,” as the context may require. (v) Any other service that may be provided by **SHTCPL** from time to time (collectively referred to as the “Services”).

 

You hereby agree and understand that this Agreement is a binding contract between **SHTCPL** and anyone who accesses, browses, or uses the Services in any manner. Accordingly, you agree to be bound by the terms contained in this Agreement. If you do not agree to the terms, you shall not have the right to use the Services and should immediately leave the Website and stop using the Mobile Applications. The terms contained in this Agreement shall be accepted without any modification. Using the Services constitutes acceptance of the terms of this Agreement.

 

 

### 2. Terms and Conditions Applicable to Users

 

2.1. Users must be 18 (eighteen) years of age or older to register, or visit or use the Services in any manner. By registering, visiting, or using the Services, you hereby represent and warrant to SHTCPL that you are 18 (eighteen) years of age or older, and that you have the right, authority, and capacity to use the Services and agree to and abide by this Agreement.

 

2.2. This Agreement is published in compliance with, and is governed by the provisions of Indian law, but not limited to:

 

2.2.1. the Indian Contract Act, 1872;

 

2.2.2. the Information Technology Act, 2000;

 

2.2.3. the rules, regulations, guidelines, and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and

 

2.2.4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

 

2.3. The contents of the Services, including information, text, graphics, images, logos, button icons, software code, interface design, and the collection, arrangement, and assembly of the content on the Website, Mobile Applications, or any of the other Services, are the property of SHTCPL and are protected under copyright, trademark, and other applicable laws. You shall not modify the SHTCPL Content or reproduce, display, publicly perform, distribute, or otherwise use the SHTCPL Content in any way for any public or commercial purpose or for personal gain.

 

2.4. All rights and liabilities of SHTCPL with respect to any Services to be provided by SHTCPL shall be restricted to the scope of this Agreement. In addition to this Agreement, you shall also ensure that you are in compliance with the terms and conditions of third parties, whose links are contained/embedded in the Services. It is hereby clarified that SHTCPL shall not be held liable for any transaction between you and any such third parties.

 

2.5. You understand that on your registration as a User on the Website or the Mobile Applications, you will receive text messages from SHTCPL on your registered mobile number. These messages could relate to your registration, your activities on the Website or Mobile Applications, and the promotions that are undertaken by SHTCPL. These messages shall be sent by SHTCPL only to your registered mobile number or such other contact number that you may designate for any particular transaction. You shall be solely responsible for updating your registered mobile number on the Website or the Mobile Applications in the event of a change. Further, SHTCPL may also send you notifications and reminders with respect to your scheduled appointments. While SHTCPL shall make every endeavor to share prompt reminders and notifications with you, SHTCPL shall not be held liable for any failure to send such notifications or reminders to you. It shall be your responsibility entirely to ensure that you make yourself available at an appointment with a Healthcare Provider scheduled by you through the Website or the Mobile Applications.

 

2.6. SHTCPL may, at any time and without having to serve any prior notice to you, (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of this Agreement or the Privacy Policy. It is your responsibility, in such cases, to review the terms of this Agreement from time to time. Such changes shall be made applicable when they are posted. SHTCPL may also alter or remove any content from the Website or Mobile Applications without notice.

 

2.7. While SHTCPL shall strive to maintain high standards of security and shall provide the Services by using its best efforts, any interruption caused to your access or use of the Services shall not hold SHTCPL liable.

 

2.8. The use of Services is governed by SHTCPL’s Privacy Policy. SHTCPL’s Privacy Policy sets forth its practices regarding the collection, use, and disclosure of personal information that it obtains about you in connection with the Services.

 

2.9. Save for the provisions of Clause 3 which is specifically applicable to Healthcare Recipients and Clause 4, which is specifically applicable to Healthcare Providers, all other provisions of this Agreement are applicable to all Users of the Websites and/or the Mobile Applications unless specifically mentioned otherwise.

 

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### 3. Terms and Conditions Applicable to Healthcare Recipients

 

3.1. **Registration**

 

3.1.1. For the purposes of viewing the details of, scheduling an appointment with, and communicating with a Healthcare Provider, you shall be required to register yourself on the Website or the Mobile Applications by creating a username and a password. For the purposes of securing your registration, you shall be required to share certain details including, but not restricted to, your name, age, sex, email address, and phone number. You understand that SHTCPL may eventually introduce a fee on sign-up, and such sign-up fee, as and when introduced, shall have to be paid by you and shall be non-refundable.

 

3.1.2. Registration on the Website or the Mobile Applications is one-time, and you are required to remember your username and password details and keep them confidential. In the event that you have misplaced your username and password details, you can retrieve and change them using the “forgot username/password” option on the Website or Mobile Applications.

 

3.2. **Communication with Healthcare Providers**

 

3.2.1. The Services shall enable you to communicate with verified Healthcare Providers of your choice. While engaging in such communication on the Website or Mobile Applications, you agree to refrain from consulting the Healthcare Providers for advice on serious health conditions, emergencies, or major illnesses. All communication engaged between you and the Healthcare Providers on the Website or Mobile Applications shall be restricted to providing a brief description of your illness or the tests you intend to take and the scheduling of an appointment with them.

 

3.2.2. You acknowledge that you may be required to share certain medical information with Healthcare Providers, which may be classified as sensitive personal data or information under the provisions of the SPI Rules. You agree that while you share such information, you shall do so exercising independent judgment, and SHTCPL shall not be held responsible for any misuse, loss, or divulgence of the information that you have shared with Healthcare Providers by the Healthcare Providers or any third parties.

 

3.3. SHTCPL authorizes you to view and access the content available on the Services solely for identifying suitable Healthcare Providers, scheduling appointments with them, obtaining an electronic copy of your prescriptions, rescheduling follow-up appointments, obtaining an electronic copy of your diagnostic reports, and communicating with such Healthcare Providers. It is expressly clarified that the Website and Mobile Applications should not be used in cases of medical emergencies, and it is strongly encouraged that you verify any information you have been provided through the Website or Mobile Applications.

 

3.4. Some of the information on the Website or Mobile Applications such as content, responses, text, data, graphics, images, information, suggestions, health tips, guidance, and other materials (collectively referred to as “Information”) that may be available on the Website or Mobile Applications may be provided by the Healthcare Providers. The provision of such Information does not create a licensed medical professional-patient relationship between SHTCPL and you and does not constitute an opinion, medical advice, diagnosis, or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. SHTCPL makes no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, or expertise of the Healthcare Providers or with respect to any other Information provided on the Website or Mobile Applications. In no event shall SHTCPL be liable to you or anyone else for any decision made or action taken by you by relying on the advice rendered by a Healthcare Provider or by relying on the Information.

 

3.5. SHTCPL does not recommend or endorse any advice rendered to you by any of the Healthcare Providers on the Website, the Mobile Applications, or in person. Any advice or opinions relating to medication, procedures, diagnosis, treatment, etc., is provided to you by the Healthcare Provider in his or her capacity as a qualified practitioner, and any use of such advice or opinions by you should be made exercising independent judgment. SHTCPL shall not be held liable for:

 

3.5.1. Any prescription of incorrect medication or any inadequacy in the quality of the treatment provided to you by the Healthcare Provider;

 

3.5.2. Any inconvenience suffered by you owing to a failure on the part of the Healthcare Provider to provide the agreed services to you or his/her failure to make himself/herself available at the appointed time;

 

3.5.3. Any misconduct or inappropriateness in the behavior of the Healthcare Provider or his/her support staff;

 

3.5.4. Any change in the time of the appointment or any cancellation thereof by the Healthcare Provider;

 

3.5.5. Any incorrect findings made in a diagnosis or in carrying out medical examinations;

 

3.5.6. Any variation in the fee quoted; or

 

3.5.7. Any contingencies that may occur pursuant to you visiting the Healthcare Provider, including further sickness, terminal illness, or death.

 

3.6. SHTCPL shall use its best efforts to verify the authenticity of the Healthcare Providers. However, SHTCPL shall not be held liable for any incorrect or misleading details of Healthcare Providers mentioned on the Website and/or the Mobile Applications.

 

 

### 4. Terms and Conditions Applicable to Healthcare Providers

 

4.1. **Listing Policy**

 

4.1.1. As a Healthcare Provider on the Services, you must create an account by providing SHTCPL with complete and accurate information, including your name, qualifications, license details, and other necessary documents as may be requested by SHTCPL.

 

4.1.2. You hereby represent and warrant that you are legally eligible to practice the medical profession under the applicable laws and regulations, and all the information that you provide to SHTCPL, including your qualifications, certifications, and license details, are true and accurate.

 

4.1.3. SHTCPL reserves the right to remove or suspend your listing or to take legal action against you in the event of any misrepresentation of information or violation of any applicable laws, including unethical practices or misconduct.

 

4.2. **Patient Interaction**

 

4.2.1. As a Healthcare Provider, you acknowledge that any interaction with users (Healthcare Recipients) through the Services must be professional and ethical.

 

4.2.2. You shall not prescribe medications, provide a diagnosis, or offer treatment in an unprofessional manner or in cases where it would be inappropriate (e.g., without a thorough in-person consultation for serious health conditions).

 

4.2.3. You understand that your communications, including prescriptions, advice, or recommendations, shall be made available to users as part of their patient records. You agree to maintain patient confidentiality at all times in accordance with applicable laws, including the Information Technology Act, 2000, and the SPI Rules.

 

4.3. **Fees and Payments**

 

4.3.1. You may charge fees for consultations, appointments, or other services provided through the Services, in accordance with your professional discretion. You must clearly communicate these fees to users, and any disputes regarding payments or refunds will be handled by SHTCPL’s payment and refund policies.

 

4.3.2. SHTCPL may deduct a service fee or commission from the fees paid by users for the purpose of maintaining and operating the Services.

 

4.4. **Content and Conduct**

 

4.4.1. You shall not upload or share any content, including medical advice, that is defamatory, discriminatory, false, or misleading on the Services.

 

4.4.2. You shall ensure that all advice, prescriptions, and recommendations comply with applicable medical guidelines and regulations.

 

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### 5. Appointment Booking and Cancellation Policy

 

5.1. **Appointment Scheduling**

 

5.1.1. Users may schedule appointments with Healthcare Providers through the Website or Mobile Applications. Upon scheduling an appointment, users will receive a confirmation message via SMS or email with the appointment details.

 

5.1.2. Healthcare Providers are expected to adhere to the appointment time. In the event of any unavoidable delays or cancellations, the Healthcare Provider should notify the user at the earliest.

 

5.2. **Cancellation Policy**

 

5.2.1. Users may cancel or reschedule an appointment through the Website or Mobile Applications. If a user cancels an appointment, SHTCPL’s refund policy, if applicable, will govern any refund claims.

 

5.2.2. Healthcare Providers reserve the right to cancel or reschedule appointments in the event of emergencies or other unavoidable circumstances. In such cases, SHTCPL will work to reschedule the appointment for the user.

 

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### 6. Privacy Policy

 

6.1. **User Consent**

 

6.1.1. By accessing the Services, you consent to the collection, use, and disclosure of your personal information in accordance with SHTCPL’s Privacy Policy. The Privacy Policy outlines the types of personal information collected, how it is used, and under what circumstances it may be shared with third parties.

 

6.1.2. SHTCPL takes data protection seriously and implements reasonable security practices to safeguard user information in compliance with the SPI Rules.

 

6.2. **Sensitive Personal Data**

 

6.2.1. In the course of using the Services, users may share sensitive personal data, including medical records and health information. SHTCPL will take all reasonable precautions to protect such sensitive data from unauthorized access or disclosure.

 

6.2.2. SHTCPL shall not be responsible for any unauthorized access, loss, or misuse of data due to factors beyond its control, such as hacking, viruses, or other breaches of security.

 

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### 7. Limitation of Liability

 

7.1. **No Liability for Third-Party Content**

 

7.1.1. SHTCPL is not liable for the accuracy, completeness, or reliability of third-party content, including information provided by Healthcare Providers on the Website or Mobile Applications. Users are encouraged to verify any medical advice or information before acting upon it.

 

7.2. **Limitation of Liability**

 

7.2.1. To the fullest extent permitted by law, SHTCPL, its affiliates, directors, officers, and employees shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the use of the Services, even if SHTCPL has been advised of the possibility of such damages.

 

7.2.2. SHTCPL’s total liability for any claims related to the use of the Services shall not exceed the total amount paid by the user for the specific service giving rise to such claims.

 

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### 8. Indemnification

 

8.1. **User Responsibility**

 

8.1.1. Users agree to indemnify and hold harmless SHTCPL, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:

 

8.1.1.1. User’s violation of this Agreement or applicable laws;

 

8.1.1.2. User’s misuse of the Services;

 

8.1.1.3. Any content or information submitted by the user that infringes on the rights of any third party.

 

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### 9. Governing Law and Jurisdiction

 

9.1. **Applicable Law**

 

9.1.1. This Agreement and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

 

9.2. **Jurisdiction**

 

9.2.1. Any disputes or claims arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Banglore, India.

 

 

 

Here’s the final section of the agreement with **Ask Techsoft Care Private Limited (ATCPL)** replaced by **Cupid Clinics (SHTCPL)**:

 

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### 10. Indemnity

 

10.1. You hereby agree to indemnify and hold harmless **SHTCPL**, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services; (ii) violation of this Agreement; (iii) infringement, or infringement by any other user of your account with **SHTCPL**; and (iv) infringement of any intellectual property or other rights of any person or entity. **SHTCPL** shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide **SHTCPL** with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

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### 11. Grievance Officer

 

11.1. In accordance with the provisions of the SPI Rules, any grievances you may have with respect to the Website, the Mobile Applications, or any other Services, may be directed to the grievance officer of **SHTCPL** who can be contacted at the following details:

 

– **Name**:

– **Phone Number**:

– **Email Address**:

– **Postal Address**:

– **Designation**:

 

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### 12. Severability

 

12.1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision, and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

 

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### 13. Term and Termination

 

13.1. This Agreement will remain in full force and effect while you use any Service in any form or capacity.

 

13.2. **SHTCPL** reserves the right to terminate its Services provided to you in the event of a breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity, or if **SHTCPL** is unable to verify or authenticate any information you submit.

 

13.3. Clauses under the headings ‘User Covenants’, ‘Liability’, ‘Indemnity’, ‘Intellectual Property Rights’, ‘Dispute Resolution’, and ‘Notices’ shall survive the termination of this Agreement.

 

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### 14. Dispute Resolution and Governing Law

 

14.1. This Agreement and any contractual obligation between **SHTCPL** and you shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, India.

 

14.2. All disputes will be subject to arbitration in Mumbai, India, in English, by a single arbitrator appointed by **SHTCPL** under the (Indian) Arbitration and Conciliation Act, 1996.

 

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### 15. Notices

 

15.1. All notices and communications shall be in writing, in English, and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested), or sent by email, with due acknowledgment or complete transmission to the following address:

 

– **Postal Address**:

– **Email Address**:

 

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### 16. Interpretation

 

16.1. Headings, subheadings, titles, and subtitles to clauses, sub-clauses, and paragraphs are for informational purposes only and shall not form part of the operative provisions of this Agreement and shall be ignored in construing the same.

 

16.2. Words denoting the singular shall include the plural, and words denoting any gender shall include all genders.