3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

The terms in this Clause 3 are applicable only to Users other than Practitioners.

i. 3.1 END-USER ACCOUNT AND DATA PRIVACY

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

3.1.2 Manddo may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Manddo’s services and to build new services.

3.1.3 The Website allows Manddo 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 and for obtaining feedback in relation to the Practitioners and their practice.

3.1.4 The Privacy Policy sets out:

i..i. The type of information collected from Users, including sensitive personal data or information;

i..ii. The purpose, means and modes of usage of such information;

i..iii. How and to whom Manddo will disclose such information; and,

i..iv. Other information mandated by the SPI Rules.

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

i..i. the fact that certain information is being collected;

i..ii. the purpose for which the information is being collected;

i..iii. the intended recipients of the information;

i..iv. the nature of collection and retention of the information; and

i..v. the various rights available to such Users in respect of such information.

3.1.6 Manddo 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 Manddo or to any other person acting on behalf of Manddo.

3.1.7 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. 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 Manddo of any actual or suspected unauthorized use of the User’s account or password. Although Manddo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Manddo or others due to such unauthorized use.

3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Manddo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Manddo has the right to discontinue the Services to the User at its sole discretion.

3.1.9Manddo may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.10Manddo may provide End-Users with a free facility known as ‘Health Account’ on the Website and its mobile application ‘Manddo’. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

i..i. Your Health Account is only created after you have signed up and explicitly accepted these Terms.

i..ii. Information available in your Health Account is of two types:

i..ii.a. Patient-created: Information generated and uploaded by you.

i..ii.b. Practice-created: Information generated by your interaction with a Practitioner who uses other Services of software.

i..iii. Any Practice created information is provided on an as-is basis and Manddo does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.

i..iv. The Account is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, Manddo is not liable for any interruption that may be caused to your access of the Services.

i..v. The ‘SMS Rx Reminder’ provided by the Account is only a supplementary way of reminding you to take your medication as prescribed by your doctor. You should refer to your prescription before taking any medicines. Manddo is not liable if for any reason SMS Rx Reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts.

i..vi. It is your responsibility to keep your correct mobile number and email ID updated in the Account. The records 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. Manddo is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Health Account.

i..vii. Manddo uses industry–level security and encryption to your Account. However, Manddo cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to info@Manddo.com.

i..viii. If you access your dependents’ record through your Account by registering your dependents with your own Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Health Accounts.

ii. 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1 Manddo collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners listed on the Website, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Manddo takes reasonable efforts to ensure that such information is updated at frequent intervals.

Although Manddo screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2 The Services provided by Manddo or any of its licensors or service providers 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). Manddo does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Manddo does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Manddo disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Manddo or any User in relation to any User or services provided by such User.

3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Manddo has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Manddo endorses the linked site. User may use the links and these services at User’s own risk.

3.3.4 Manddo assumes 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 the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

3.3.5 If Manddo determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Manddo reserves the right to immediately suspend your access to the Website or any of your accounts with Manddo and makes such declaration on the website alongside your name/your clinic’s name as determined by Manddo for the protection of its business and in the interests of Users. You shall be liable to indemnify Manddo for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Manddo or its Users.

iii. 3.4 APPOINTMENT BOOKING AND INTERACTION WITH PRACTITIONERS

3.4.1 While Manddo will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Manddo does not guarantee that a patient will get a confirmed appointment. Further, Manddo has no liability if such appointment is confirmed but later cancelled/rescheduled by Practices or Practitioners, or the Practitioners are not available as per the given appointment time.

3.4.2 Manddo provides value added telephonic services which connects Users directly to the Practitioners and the information exchanged between the User and the Practitioners is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, Manddo reserves the right to share the contact details of the User with the Practitioners contacted.

3.4.3 You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Manddo responsible for any such interactions and associated issues. For avoidance of doubt, Manddo is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Website. If you decide to engage with a Practitioner to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Practitioners should not be construed as an endorsement by Manddo of any such particular Practitioner. Manddo shall not be responsible for any breach of service or service deficiency by any Practitioner. We cannot assure nor guarantee the ability or intent of the Practitioner(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Practitioner.

3.4.4 Without prejudice to the generality of the above, Manddo will not be liable for:

iii..i. any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);

iii..ii. any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, no show by the Practitioner, inappropriate treatment, or similar difficulties;

iii..iii. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;

iii..v. any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

3.4.5 Further, Manddo shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Manddo’s sole discretion and may be modified or withdrawn at its sole discretion. Manddo may moderate such feedback at any time. Manddo shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Website.

iv. 3.9 REVIEWS AND FEEDBACK By using this Website, you agree that any information shared by you with Manddo or with any Practitioner will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Manddo in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Manddo disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Manddo shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Manddo, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Manddo may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to Website or Manddo’s services; and/or

Obtaining feedback in relation to any Practitioners listed on the Website; and/or

Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by Manddo.

Manddo’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.