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Terms and Conditions

Welcome to the site of Namaste Health!

This Agreement contains the complete terms and conditions that apply when you visit our site (“the Site”) or choose to browse its content. By using this Site, you automatically agree to comply with and be bound by the present Terms and conditions. This agreement describes and comprises the entire agreement between you and Namaste Health, and supersedes all previous or current agreements regarding the subject matter herein, i.e. any representations, warranties and understandings with respect to this Site and the content provided by or through this Site.

The Namaste Health Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Namaste Health in connection with your visit to the Website and your use of the Services.

If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Service. By subscribing to/using the Namaste Health Helpline Services, you hereby acknowledge that you are familiar with these terms and any changes or modifications that may occur from time to time.

For Clarity

BY REGISTERING TO USE THE NAMASTE HEALTH PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:

You acknowledge that DevIndra medical pvt. Ltd. is the owner/ proprietor of the domain name and website, Namaste Health. You also absolve professionals engaged by DevIndra medical pvt. ltd who offer services through the website from any responsibility or liability whatsoever, for any medical, legal or financial events or outcomes related to services attained by you through the use of medical opinion (also referred at Namaste Health as ”online video call or doctor consultation” or ”online doctor consult” or “medical consultations” or “medical consults” or “health queries” or “queries” or “video consultations” or “video consults” or “phone consults” or “phone queries” or “phone consultations” or “video queries” or “direct query to a doctor” or “follow-up query” or “free query” or “paid query” or “common query” or “consultation” or “appointment”).

You also understand and use the website accepting that it is being provided on as it is basis. The website is not intended to be used to: Advise or resolve legal, medical or financial issues outside the scope of what has been agreed or provided. For any medical emergency, you shall immediately contact the emergency number of your choice. Information or advice provided on the Site by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment.

All advice and/or information obtained directly or indirectly from the Site are provided at your own risk. For all consultations including Video medical consultations in particular, before acting on any of the advice offered in/through the site, you should confirm that such action is applicable and suitable to you, by referring to your own medical practitioner or by obtaining a second and third opinion of other medical practitioners. The limitations associated with consultations or other services exclusive of physical examination, in-person medical advice or onsite and extensive investigations are hereby accepted and agreed to by you.

You further absolve Namaste Health from all liability, and its owners, managers, directors, doctors, moderators, employees, agents, partners, advertisers and/ or affiliates from any legal responsibility for any incorrect or misleading information provided by any person professional or contained within the Site.

Namaste Health may, without giving notice, delete any account or information contained on the Site for any reason whatsoever. The information on this Website (including but not limited to video consult, live chat, emails, phone support) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from the physician/surgeon or other qualified healthcare providers.

You shall consult other sources and confirm the information contained within this Website. This shall include consulting your own physician/Surgeon regarding the applicability of any opinions or recommendations with respect to your symptoms or medical condition.Authorized Physicians/Surgeon

All physicians/surgeon providing Healthcare Services or Informational Services, as defined below, (each an “Authorized Physician”) are independent, regulated health care professionals registered to practice medicine in India. Authorized Doctors alone are responsible for the Healthcare Services and Informational Services they provide through the Authorized Physicians/surgeon.Services

The services that is available to you through the Namaste Health:

  1. ordering medicines online;
  2. consulting a doctor through video chat or guidance by a doctor online for help;
  3. booking diagnostic tests and health check-ups;
  4. Pre-paying for doctor appointment bookings.
  5. Conditions of UseYou must be 18 years of age or older to register, use the Services, or visit or use the Website/mobile application in any manner. By registering, visiting and using the website/mobile application or accepting this Agreement, you represent and warrant to Namaste Health that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website/mobile application and the Services available through the Website/mobile application, and agree to and abide by this Agreement.
  6. Binding AgreementThese Terms and Conditions form a binding agreement (the “Agreement”) between you and Namaste Health. Your access to or use of the Physician/surgeon Helpline Service indicates your acceptance of these Terms and Conditions. You are agreeing to use the Physician/surgeon Helpline Service at your own risk.The following definitions apply to this Agreement-
    1. “Physician/Surgeon Helpline Application” or the “Application” (collectively, the “Applications”) means any application under the control of Namaste Health, whether partial or otherwise and includes such Application’s Content, Text, Graphics, Design, Programming, Physician Helpline Materials and Services (as applicable in each context).
    2. “Content” includes all Text, Graphics, Design and Programming used on the Applications.
    3. “Services” means any services provided by Namaste Health or its agents described herein.
    4. “User”and “You” refers to any individual or entity that uses any aspect of the Applications.
    5. “You” means “User” the person who (or the entity on behalf of whom such person is acting) are agreeing to these Terms and Conditions.
  7. General Use RulesThe Applications and the Services are intended for individuals seeking personal medical advice. You may use the Applications and Services only for lawful purposes within the stated context of Namaste Health intended and acceptable use of the Applications and Services.
  8. Privacy Communications and Data Collection
    1. The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
    2. Namaste Health may by its Services, collect information relating to the devices through which you access the Website/mobile application, and anonymous data of your usage. The collected information will be used only for improving the quality of Namaste Health services and to build new services.
    3. The Website/mobile application allows Namaste Health to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments or video calling and for obtaining feedback in relation to the Practitioners and their practice.
    4. The Privacy Policy sets out, inter-alia:
      • The type of information collected from Users, including sensitive personal data or information;
      • The purpose, means and modes of usage of such information;
      • How and to whom Namaste Health will disclose such information; and,
      • Other information mandated by the SPI Rules.
    5. The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
      • the fact that certain information is being collected;
      • the purpose for which the information is being collected;
      • the intended recipients of the information;
      • the nature of collection and retention of the information; and
      • the name and address of the agency that is collecting the information and the agency that will retain the information; and
      • the various rights available to such Users in respect of such information.
    6. Namaste Health shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Namaste Health or to any other person acting on behalf of Namaste Health.
    7. The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website/mobile application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Namaste Health of any actual or suspected unauthorized use of the User’s account or password. Although Namaste Health will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Namaste Health or such other parties as the case may be, due to any unauthorized use of your account.
    8. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Namaste Health has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Namaste Health has the right to discontinue the Services to the User at its sole discretion or may deactivate their account.
    9. Namaste Health may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
    10. Against every Practitioner listed in Namaste Health, you may see a ‘call’ option. When you choose this option, you choose to call on the practitioner’s number through a telephony service provided by Namaste Health, and the records of such calls are recorded and stored in Namaste Health servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Namaste Health should be used only for appointment, value added video telephonic services and booking purposes, and not for consultation on health-related issues. Namaste Health accepts no liability if the call facility is not used in accordance with the foregoing.
  9. Call Facility
    1. Namaste Health enables Users to connect with Practitioners through two methods:
      1. Value added video telephonic services which connect users directly to the Practitioner’s number provided on the app.
      2. Book facility that allows users to book a visit appointment through the mobile application;
      • Namaste Health will ensure Users are provided direct video connect you to the practitioner. Namaste Health has no liability if such video call is not connected or cancelled by the Practitioner, or the same Practitioner is not available to receive video call.
      • If a User has utilized the telephonic services; Namaste Health reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.
    2. The results of any search Users perform on the website/mobile application for Practitioners should not be construed as an endorsement by Namaste Health of any such particular Practitioner. If the User decides to engage with a Practitioner directly to seek medical services, the User shall be doing so at his/her own risk.
    3. Without prejudice to the generality of the above, Namaste Health is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Namaste Health will not be liable for:
    4. User interactions and associated issues User has with the Practitioner;
    5. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
    6. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
    7. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
    8. any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;
    9. In case of no show, the respective practitioner will be levied with penalty and the user may get the refund of the charged fees as per terms and conditions.
    10. Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Namaste Health shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.
  10. Selecting your Doctor or HealthCare Provider on the WebsiteThe Website allows you to select and schedule appointments with doctors and health care providers registered with the Website and to whom certain specific terms and conditions apply. These terms and conditions can be accessed www.namastehealth.in. While choosing your doctor or healthcare provider on the Website, you understand and accept that:
    1. You are ultimately responsible for choosing your own doctor or healthcare provider and Namaste Healthshall not be held responsible or liable for the selection of such doctor or healthcare provider; and
    2. Namaste Health will provide you with lists and/or profile previews of doctors and health care providers who may be suitable to deliver the health care that you are seeking based on information that you provide to Namaste Health(such as area of specialty and geographical location). For certain specific Services, Namaste Healthmay choose a doctor or healthcare provider on your behalf based on the nature of services you request and on the doctor or healthcare professional available to provide you with the clinical services for the same. Please note that Namaste Health
      1. does not recommend or endorse any doctors or health care providers mentioned on the Website; and
      2. does not make any representations or warranties with respect to these doctors or health care providers or the quality of the healthcare services they may provide. Namaste Healthshall not be liable for any reason whatsoever for the services provided by the health care professional or doctor, and we bear no liability for the consequences to you, of your use of the System or Services.
    3. Information regarding doctors and health care providers and their practice information found on the Website is intended for general reference purposes only. Such information found on the Website is mainly self-reported by the doctor or the health care provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor Namaste Health provides any advice or qualification certification about any particular doctor or healthcare provider. You are encouraged to independently verify any such information you see on the Website with respect to a doctor or healthcare provider that you seek to make an appointment with.
  11. No Professional Relationship of patient –doctor Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Namaste Health and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website. We do not in any way endorse any individuals description provided on the website herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
  12. No Medical Advice ProvidedPlease note that we do not recommend or endorse any doctors, health care providers, procedures, opinions, or other Information that may appear on the Website.
    1. If you rely on any of the Information provided by the Site, you do so solely at your own risk. At the same time, it is understood that the information provided on the website are largely correct. But there may be unforeseen errors as well as the fact that there are very fast changes and developments in the medical field which might not have been updated on the website. Also, the opinions of different professionals may differ because medical science is not an exact science hence you have to visit the doctor of your choice to make an opinion.
    2. The Information that you obtain or receive from Namaste Health, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only.
    3. All medically related information comes from independent health care professionals and organizations which are registered with Namaste Health and to whom certain specific terms and conditions apply.
    4. These terms and conditions can be accessed www.namastehealth.in. The Information provided on the Website and in any other communications from or provided through Namaste Health is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay in obtaining medical advice from a qualified healthcare professional and you should not rely on the advice that you may have obtained through the Website.
    5. Your use of Information provided on the Website is solely at your own risk. Nothing stated or posted on the Website or available through any Services is intended to be taken as the practice of medicine or the provision of medical care.
  13. Collection of Consultation FeesYou understand that Doctor provides various services while some of these services are provided for free, there are certain services for which costs will be incurred by you, if you decide to avail such services (“paid services”). In that case, Namaste Health may provide billing services on behalf of the doctor or health care professional. If you wish to avail those paid services, you acknowledge that Namaste Health will collect the payment for such paid services for and on behalf of the doctor or healthcare professional providing such clinical services. You acknowledge and confirm that Namaste Health shall not be liable for the treatment or be treated as the health care provider on account of such collection of the payments or for provision of such paid services, for any reason what so ever.Cancellation and Refund Policy
    1. In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@www.namastehealth.in within seven (7) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next thirty (30) business days. In case where the User, does not show up for the appointment booked with a Practitioner, without canceling the appointment beforehand, the amount will not be refunded. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have canceled beforehand.
    2. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.
  14. Clinical Support InformationWe may provide information to assist you in clinical decision-making. Information that may be placed on the app by third parties which are beyond our control. We are not responsible for the accuracy or completeness of information available from or through our app. You assume full risk and responsibility for the use of information you obtain from or through this app, and you agree that Namaste Health  is not responsible or liable for any claim, loss, or liability arising from the use of the information. We do not recommend or endorse any provider of healthcare or health-related products, items or services, and the appearance of materials on the app relating to any such products, items or services is not an endorsement or recommendation of them. You agree to review the definitions, functionality, and limitations of the services, and to make an independent determination of their suitability for your use.
    • Namaste Health Medicine and diagnostic supportThe patients/Users where they need to get various tests done this can be done by our logistics partner/laboratory, who can also come to your doorstep, procure the samples and reports shall be provided to you by us online. To avail these paid services, you acknowledge that Namaste Health will collect the payment for such paid services for and on behalf of the vendor orpartner/laboratory providing such clinical services. You acknowledge and confirm that Namaste Health shall not be liable for any claim, loss, or liability arising from the use of these services on account of such collection of the payments or for provision of such paid services, for any reason what so ever.
  15. Namaste Health online Q&A platformGuidelines for Practitioners:
    • Every Practitioner on the Q&A Platform must be qualified in the area of expertise that he/she represents as being his qualification.
    • The Q&A Platform is a platform for exchange of information which is of general in nature in a question and answer format.  The Q&A Platform is notapplicable for any emergency situations.
    • Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.
    • It is expressly clarified that no doctor-patient relationship is established between you and Practitioner, in any manner whatsoever, by indulging in this Q&A.
    • The Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice.
    The Practitioner is absolutely and expressly prohibited to:
    1. Provide a medical diagnosis;
    2. Issue a prescription;Only information and guidelines can be given. If the prescription is issued, it will entirely be on the responsibility of issuing doctor.
    3. Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;
    4. Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;
    5. Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;
    6. Promote content and activities which are illegal in nature;
    In the event of any breach of above mentioned terms and conditions the Namaste Health will take appropriate action. Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner.
  16. Namaste Health medicine supportOrdering medicines online; the patients/Users our logistic partner shall provide you online medicine at your doorstep. To avail these paid services, you acknowledge that Namaste Health will collect the payment for such paid services for and on behalf of the vendor or partner for providing such services. You acknowledge and confirm that Namaste Health shall not be liable for any claim, loss, or liability arising from the use of these services on account of such collection of the payments or for provision of such paid services, for any reason what so ever. You acknowledge that your prescription will be shared with the concerned vendor.
  17. Limitations on Damages and Liability Limitations
    1. You assume all responsibility and risk for your use of the Physician/Surgeon video call Services, and you hereby acknowledge and agree that your use of the Application and the Services is on an “as is” and “as available” basis.
    2. You represent, warrant and agree that the views and suggestions expressed by Namaste Health under these Physician/Surgeon video call Services shall in no manner be construed by you as an endorsement of any such guidance and views by Namaste Health.
    3. You represent, warrant and agree that any and all guidance provided to you by Namaste Health physicians/surgeons shall depend in entirety on the accuracy of the description of the symptoms provided by you.
    4. While Namaste Health agree to maintain the confidentiality of the information provided by you, you acknowledge and agree that the calls made by you during the course of services provided by Physician/Surgeon video call Services may be recorded for quality control purposes and for the purpose of maintaining a record of your health information.
    5. Your acceptance of and compliance with the advice given by the medical Personnel shall be at your risk. In no event shall Namaste Health (or any of their officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) be liable for any damages whatsoever resulting from or arising under or in connection with the Application or the Services or the use or access to, or the inability to use or access the Applications and/or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Namaste Health is advised of the possibility of such damages.
    6. You acknowledge and agree that you are not authorized by Namaste Health to provide medical advice to other persons based upon the advice you obtain from the Physician/surgeon video call Services and that you bear sole responsibility for the consequences of providing such advice to any such other persons.
  18. Quality, Functionality and Connectivity IssuesYou acknowledge and agree that quality, functionality, connectivity and/or availability of the Physician/Surgeon of video call Services may be affected from time to time by circumstances within or outside of the control of Namaste Health. You also acknowledge and agree that you, without any liability whatsoever, shall be entitled to refuse, limit, suspend, vary or disconnect the Physician/Surgeon video call Services at any time, for any reasonable cause, including, but not limited, to the following.
    1. Any violation of applicable rules, regulations, orders, directions, notifications, conditions of License Agreements, etc., issued by any government/telecom or other regulatory authority.
    2. during technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the systems/equipment.
    3. to combat potential fraud, sabotage, willful destruction, national security or for any other force majeure reasons.
    4. Transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or availability of suitable cell Applications.
    5. If Physician/surgeon video call Services are used in violation of any law, rule/regulation.
    6. Any other reason which you, on your sole discretion, deems reasonable and which warrants limiting, suspension or disconnection of Physician/surgeon video call Service.
    7. Namaste Health and its Personnel shall not be responsible for or obligated to provide call-back Physician/Surgeon video call Services in the event of a dropped call or any other interruption of service.
    8. Because user authentication on the Internet is difficult, Namaste Health cannot and does not confirm that each user is who they claim to be.
    9. Because Namaste Health does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Applications, in the event that you have a dispute with one or more users, you release Namaste Health from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  19. Terms for Practioners:
    1. The Practitioner shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Practitioner, Namaste Health shall have the right to replace such Practitioners for the purpose of consultation to the User or remove such Practitioners from the platform/Namaste Health application/site;
    2. The Practitioner understands and agrees that, Namaste Health shall at its sole discretion, at any time be entitled to, show as other Practitioners available for consultation.
    3. The Practitioner has the discretion to cancel any consultation at any point of time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
    4. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed with utmost care.
    5. The Practitioner acknowledges that if Namaste Health find the Practitioner to be in violation of any of the applicable laws/rules/regulations/guidelines set out by the authorities then Namaste Health shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
    6. If and When the payment gateway is launched, the payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, Namaste Health will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@www.namastehealth.in
    7. Practitioner-No-Show (Pr.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a practitioner, has not turned up for the confirmed appointment without cancelling, rescheduling, or informing the user who has booked an appointment on the Website/mobile application using the Book Appointment facility in advance about the same. When user informs Namaste Health of the incident or marks a particular appointment as Pr.N.S. using the Namaste Health, within five (5) days of the scheduled appointment, an email and SMS (“PrNS Communication”) will be sent to the practitioner to confirm on the incident with reasons. Where the practitioner is not able to establish that the practitioner had a legitimate reason, for not showing up, Namaste Health shall be entitled to take actions. Every Pr.NS will be followed by refund to the User who has opt for online payment, which be debited from a practitioner’s account. After 3 PNS, the practitioner’s account with Namaste Health may be deemed as inactive and may be permanently deactivated in a state of repetitive incident.
    8. It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
    9. The Practitioner understands that when a User books a time-slot with the Practitioner for video call or home visit, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User.
    10. The Practitioner has the discretion to cancel any consultation at any point of time in cases where the Practitioner feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Practitioners. However, it is strongly recommended that the Practitioner advise the User and explain appropriately for next steps.
    11. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed with utmost care.
    12. The Practitioner acknowledges that if Namaste Health find the Practitioner to be in violation of any of the applicable laws/rules/regulations/guidelines set out by the authorities then Namaste Health shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
    13. If and When the payment gateway is launched, the payment gateway option is being provided to the Users to make payment easier. In case wrong bank account details are provided by Practitioner, Namaste Health will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact  support@www.namastehealth.in
    14. Practitioner-No-Show (Pr.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a practitioner, has not turned up for the confirmed appointment without cancelling, rescheduling, or informing the user who has booked an appointment on the Website/mobile application using the Book Appointment facility in advance about the same. When user informs Namaste Health of the incident or marks a particular appointment as Pr.N.S. using the Namaste Health, within five (5) days of the scheduled appointment, an email and SMS (“PrNS Communication”) will be sent to the practitioner to confirm on the incident with reasons. Where the practitioner is not able to establish that the practitioner had a legitimate reason, for not showing up, Namaste Health shall be entitled to take actions. Every Pr.NS will be followed by refund to the User who has opt for online payment, which be debited from a practitioner’s account. After 3 PNS, the practitioner’s account with Namaste Health may be deemed as inactive and may be permanently deactivated in a state of repetitive incident.
    15. It is further understood by the Practitioner that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Practitioner privilege.
    16. The Practitioner understands that when a User books a time-slot with the Practitioner for video call or home visit, the Practitioner must comply with the time slot to the best of their availability. In case of delay, the doctor must notify User.
    17. The Practitioner understands that Namaste Health makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold Namaste Health liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Namaste Health .
    18. It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that Namaste Health shall not be liable for any errors in the information included in any communication between the Practitioner and User.
    19. It is advisable that the practitioners visiting patients at home should comply with the documentation requirements as applicable under respective medical laws for providing primary treatment/healthcare at home or elsewhere. Practitioners should carry their medical kits, prescription pads, or any other documents as may be required to be provided or acknowledged by the patient/their relative’s before/during/after the treatment. However, the practitioner shall indemnify and hold harmless Namaste Health and be solely responsible for the contents of any such documentation. Namaste Health shall not be held liable for the inaccuracy/inadequacy/incompleteness of any such documentation in any manner.
    20. The Practitioner shall indemnify and hold harmless Namaste Health and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the services provided by Practitioner, violation of any law, rules or regulations by the Practitioner or due to such other actions, omissions or commissions of the Practitioner that gave rise to the claim.
    21. The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
  20. Unauthorised UseUnauthorized use of the Application may give rise to a claim for damages and/or be a criminal offence.
  21. Website Links and Namaste Health right to display of ads, magazine and TV
    1. From time to time this application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
    2. The Namaste Health will also provide online magazines and TV services on the website. Without prejudice to the status of other content, Namaste Health will not be liable for the accuracy of information or the claims made in the Sponsored ads, Magazines and TV.
    3. You acknowledge and confirm that Namaste Health shall not be liable for the contents of the Magazines and TV and the contents can only be used for information.
    4. Namaste Health TV/NEWS
      1. Namaste Health TV/NEWS is an online content platform available on the website, wherein Practitioners who have created a Namaste Health profile and Users who have created a health account can login and post health and wellness related content
      2. A User can use Namaste Health TV/NEWS by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Namaste Health’s servers. Namaste Health will make available to the User a gallery of images licensed by Namaste Health from a third party stock image provider (“Namaste Health Gallery”). The User can upload their own images or choose an image from the Namaste Health Gallery. Namaste Health does not provide any warranty as to the ownership of the intellectual property in the Namaste Health Gallery and the User acknowledges that the User will use the images from the Namaste Health Gallery at their own risk. Namaste Health shall post such Content to Namaste Health TV/NEWS at its own option and subject to these Terms and Conditions. The Content uploaded via Namaste Health TV/NEWS does not constitute medical advice and may not be construed as such by any person.
      3. The User acknowledges that they are the original authors and creators of any Content uploaded by them via Namaste Health TV/NEWS and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Namaste Health reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Namaste Health from and indemnify Namaste Health against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on Namaste Health TV/NEWS. The User may not use the images in the Namaste Health Gallery for any purpose other than those directly related to the creation and uploading of Content to Namaste Health TV/NEWS. The User also agrees to absolve Namaste Health from and indemnify Namaste Health against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the Namaste Health Gallery for his/her personal or commercial gain.
      4. The user hereby assigns to Namaste Health, in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Namaste Health TV/NEWS.
      5. Namaste Health shall have the right to edit or remove the Content and any comments in such manner as it may deem Namaste Health TV/NEWS at any time.
      6. The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Namaste Health reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Namaste Health from and indemnify Namaste Health against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Namaste Health TV/NEWS.
      7. A User may also use Namaste Health TV/NEWS in order to view original content created by Practitioners and to create and upload comments on such Content, where allowed.
      8. User acknowledges that the Content on Namaste Health TV/NEWS reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Namaste Health.
      9. User agrees that the content they access on Namaste Health TV/NEWS does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve Namaste Health from and indemnify Namaste Health against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Namaste Health TV/NEWS.
      10. The User acknowledges that all intellectual property rights in the Content on Namaste Health TV/NEWS vests with Namaste Health. The User agrees not to infringe upon Namaste Health’s intellectual property by copying or plagiarizing content on Namaste Health TV/NEWS. Namaste Health reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Namaste Health TV/NEWS will be the sole intellectual property of Namaste Health. The User agrees not to post any comments on Namaste Health TV/NEWS that violate the intellectual property of any other person. Namaste Health reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Namaste Health from and indemnify Namaste Health against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Namaste Health TV/NEWS.
      11. User agrees not to post any comments which are defamatory, obscene, and objectionable or in nature and Namaste Health reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Namaste Health from and indemnify Namaste Health against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Namaste Health TV/NEWS.
  22. Amendments to this Agreement and Changes to ApplicationsNamaste Health may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Applications (or as otherwise stated in the any notice of such changes). Any use of an Application will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Application. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Application any longer. Any new or different terms supplied by you are specifically rejected by Namaste Health unless Namaste Health agrees to them in a signed writing specifically including those new or different terms. Namaste Health may change the Applications at any time.
  23. IndemnityYou agree to defend, indemnify, and hold harmless Namaste Health (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Applications, your use of the Services or your breach of this Agreement. Namaste Health shall use reasonable efforts to provide your prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.Namaste Health reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Namaste Health will not be liable for the accuracy of information or the claims made in the Sponsored ads. Namaste Health does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Namaste Health will not be liable for the services of the providers of the Sponsored ads.You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Namaste Health accepts no liability for the same. Live magazines and TV will be displayed on the website for reference of the users in accordance with applicable laws and Namaste Health accepts no liability for the contents of magazines and TV on display.
  24. Payment Authorization-Fees and Purchase Terms
    1. By providing a credit card or other payment method accepted by Namaste Health (“Payment Method”), you are expressly agreeing that Namaste Health is authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. Namaste Health accepts Visa or MasterCard debit and credit cards for payment.
    2. Namaste Health shall not trade with or provide any service to unauthorized users.
    3. You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Namaste Health with your credit or debit card number and associated payment information, you agree that Namaste Health is authorized to immediately invoice your account for all fees and charges due and payable to Namaste Health hereunder and that no additional notice or consent is required. You shall be required to retain a copy of transaction records and the policy document of Namaste Health. If your health plan, employer or agency has arranged with Namaste Health to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Namaste Health, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or insurance provider to determine if any Services will be reimbursed.
    4. Payment for upgrades will deducted from your credit or debit card on a pro rata basis.
    5. You may pay for your Subscription fee only with credit and debit card payments. Namaste Health will charge your credit or debit card for your first Subscription Fee on the date that we process your order for your Subscription. Once your credit or debit card is charged the first Subscription Fee, Namaste Healthwill begin provisioning your account.
    6. Once the payment is made, the confirmation notice will be sent to the youvia email within 24 hours of receipt of payment.
    7. If all payment methods submitted by you are declined for payment of your Subscription Fee, your Subscription will be cancelled. If you provide Namaste Health with new payment details and you are successfully charged, your Subscription Period will be based on the original renewal date and not the date of the successful charge.
    8. If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Namaste Health offers no guarantee that you shall receive any such reimbursement. Namaste Health reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.
    9. You shall be solely responsible to maintain the confidentiality of your bank accounts and Namaste Health shall not be liable for any kind of theft or misuse of the same or any loss or damage arising out of or in relation to the use of your account.
  25. Records
    1. It is your responsibility to keep your correct mobile number and email ID updated in the Records if any applicable. The Health Records (if any applicable) will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Namaste Health is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Namaste Health .
    2. Namaste Health does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Namaste Health of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@www.namastehealth.in.
    LIMITATION OF LIABILITYIn no event, including but not limited to negligence, Namaste Health , or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website/mobile application or the content, materials and functions related thereto, the Services, User’s provision of information via the Website/mobile application, lost business or lost End-Users in no event shall the Namaste Healthbe liable for:
    • provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website/mobile application;
    • any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Website/Mobile application;
    • any unauthorized access to or alteration of your transmissions or data; or
    • any other matter relating to the Website/Mobile application or the Service.
    • In no event shall Namaste Health has any liability to a User arising from this Agreement or a User’s use of the Namaste Health Website/Mobile application or the Services.
  26. Rentention and Removal
    1. Namaste Health may retain such information collected from Users from its Website/Mobile application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the Rules. Computer web server logs may be preserved as long as administratively necessary.
  27. Application law and dispute settlement
    1. You agree that this Agreement and any contractual obligation between Namaste Health and User will be governed by the laws of India.
    2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website/mobile application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Namaste Health. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
    3. Subject to the above Clauses above, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/mobile application or the Services or the information to which it gives access.
  28. Contact Information Grievance Officer
    1. If a User has any questions concerning Namaste Health , the Website/Mobile application, this Agreement, the Services, or anything related to any of the foregoing, Namaste Health customer support can be reached at the following email address: support@www.namastehealth.in or via the contact information available from the following hyperlink: www.namastehealth.in.
    2. In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website/mobile application or the service, including any discrepancies and grievances with respect to processing of information, you can contact our team at support@www.namastehealth.in.
  29. SeverabilityIf 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.
  30. WaiverNo provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Namaste Health. Any consent by Namaste Health to, or a waiver by Namaste Health of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  31. DND Policy*I/you agree to be contacted by Namaste Health over phone and email. I/you do not have any objection to receiving emails, messages (SMS or any other mode) and calls from Namaste Health . This consent shall supersede any preferences set through Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
  32. OwnershipThe all Contents and rights therein, are and shall remain Namaste Health’s property. Neither these Terms nor your use of the Namaste Health App convey or grant to you any rights to use or reference in any manner Namaste Health.You agree to indemnify and hold Namaste Health (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses.
  33. Force MajeureWe will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
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