Welcome to the user agreement for TinyMedic Platform & associated applications (the "Application"). The Application is developed, maintained and operated by TinyMedic Private Limited (“TinyMedic”), having its registered office at #8-17-165/91 E, Bhupalreddy Society Colony, Giddaluru, Prakasham, Andhra Pradesh, India - 523357.

Welcome to the user agreement for TinyMedic Platform & associated applications (the "Application"). The Application is developed, maintained and operated by TinyMedic Nepal Private Limited (“TinyMedic”), having its registered office at #429, Ward 29, Dillibazar Height Marga, Dillibazar, Kathmandu, Nepal.

The terms ‘You’ or ‘Your’ refer to you as the user (irrespective of whether You are a Registered User or a Non-Registered User) and the terms ‘TinyMedic’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to TinyMedic. In the event the Application is being used by a person on your behalf, the expression “You” or “Your” shall apply to such person as well.

These Terms of Use, the Privacy Policy (AVAILABLE HERE), together with any additional Service-specific terms and conditions, other policies which may be applicable to specific portions of the Application and any disclaimers which may be present on the Application are jointly referred to as “Agreement” and constitute the terms of Your access and use of the Application and the Services (defined later). Where any part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form.

The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.

THE APPLICATION

TinyMedic is the author and publisher of the Application, and all variants, editions, add-ons, and ancillary products or services of the Application (including all files and images contained in or generated by the software, and accompanying data, together). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information.

USERS

“Registered Users” are users who have successfully registered themselves with TinyMedic through the Application by providing information that is true and accurate, and who can log on to their account on the Application by providing their username and password (“Primary User”); or whose profile has successfully been created on the Application under the account of a Primary User, by providing information that is true and accurate (“Secondary User”).

“Health Care Service Providers” or “HSPs” are duly qualified doctors, pharmacists, laboratory service providers, paramedical staff, Nutritionists, physiotherapists, consultants, and any other incidental and ancillary health care service providers that may interact with Registered Users as part of the Services.

“Non-Registered Users” are users who have not successfully registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.

Registered Users and Non-Registered Users shall individually or collectively be referred to as “Users”.

ACCESS AND USAGE RIGHTS OF USERS

Non - Registered User: A Non - Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. An Unregistered User is specifically permitted to:

To browse the Application without accessing any Services;

To share the Application via social media applications;

Registered User: A Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. A Registered User is specifically permitted to:

Enjoy all the access and usage rights of an Unregistered User.

Access and use the Services subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.

CONTENT

The data and information available on the Application may be categorised as follows:

Data and information generated or provided by Unregistered Users and Registered Users on the Application (“User Content”)

Data and information which TinyMedic (through itself or its contractors) has generated or procured for the Application and includes data and information generated or provided by HSPs (“TinyMedic Content”);

GENERAL TERMS OF USE

As required by law, You must be at least 18 years of age and have a sound mind to access and use the Application and Services. In case the Application or Services are to be accessed or used by a minor (i.e. a person less than 18 years of age), then the legal guardian/representative of such person shall register himself/herself as a Primary User and create the profile of the minor as a Secondary User.

All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User as a beneficiary. The Primary User will be responsible and accountable for the Secondary User’s activity on the Application as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User from liability towards TinyMedic or its contractors or agents and TinyMedic shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.

You will use the Application and the features provided by the Application only in relation to and in compliance with all applicable Indian laws.

You will not use TinyMedic Application or any feature provided by the Application for any purposes not intended under this Agreement.

You are advised to not use the Application from outside of Nepal. In a situation where You avail of any Service outside Nepal, which involves interaction with a HSP, You should have the advice and /or prescription given by such HSP validated by a local registered medical practitioner.

Certain Services are location specific. Depending on Your location, some Services may not be available to You.

You will not deliberately use the Application in any way that is unlawful or harms TinyMedic, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.

As a User, You may have access to business sensitive information. You shall not share such information with TinyMedic’s direct competitors or use it for competitive purposes, except with TinyMedic’s prior written consent.

You understand that as part of Your registration process as well as in course of Your use of the Application, You may receive SMS or email communication or both from TinyMedic on Your registered contact information. These communications will relate to Your registration, Services provided by TinyMedic, transactions that You carry out through the Application and any such information found suitable of Your attention by TinyMedic. Please note that TinyMedic will send these communications only to the mobile number that You provide on the Application. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, TinyMedic may also send notifications and reminders to You for the features that You may be using on the Application. You hereby consent to receive such communications from TinyMedic.

You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify TinyMedic of any actual or suspected unauthorized use of the Your account or password. Although TinyMedic will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of TinyMedic or others due to such unauthorized use.

SERVICES

The Application may be used to access a variety of health care and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by TinyMedic, You may avail of the following services through the Application:

Consultations (through TinyMedic team doctors and Healthcare Service Providers);

• Diagnosis, Assessment & Plan;
• Lab & Diagnosis Services;
• Pharmacy Services;
• Second opinion services;
• Patient data storage service;

Built-in app features such as medicine reminders, storage and display of Your medical records, information and history, including general medical information, outpatient records, Health summaries, prescriptions, lab investigations and radiology reports along with information regarding Your family members;

Such other services as may be intimated from time to time.

The aforesaid services are referred to as “Services”

The Services are non-transferable and only cover the Registered User.

You are advised not to use the TinyMedic services in case of emergency or if You are in a critical condition.

If You are a Registered User but do not satisfy the above pre-conditions, please do not avail the TinyMedic services. TinyMedic will not be responsible or liable for any harm or loss that You may suffer if You elect to access those Services.

All Users, who are patients, and who opt for TinyMedic services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.

Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.

The minimum age requirement of 18 years does not apply to any Service that is open to children and adolescents from Age 1-18.

TinyMedic’s RIGHTS TO THE APPLICATION AND TinyMedic CONTENT

TinyMedic respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the TinyMedic Content are protected by applicable intellectual property laws.

TinyMedic’s Rights to the Application and TinyMedic Content:

All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belong exclusively to TinyMedic or its licensors. As a User, You are granted a limited license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by TinyMedic to You in respect of such works.

TinyMedic and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Application. Notwithstanding the generality of the foregoing, the name and logo of “TinyMedic” is/are] the trademarks and copyright (inclusive of any other applicable intellectual property right) of TinyMedic and/or its licensors. Any use of the such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of TinyMedic and/or its licensors and may be actionable under applicable laws.

Except as stated otherwise in this Agreement, all TinyMedic Content (including all intellectual property rights to such content) is owned exclusively by TinyMedic and/or its licensors.

When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by TinyMedic to use TinyMedic Content for personal and non-commercial use in Nepal for the term of the Agreement.

Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.

Unless explicitly authorized by TinyMedic, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the TinyMedic Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

Rights in User Content:

You agree that You are the owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to TinyMedic.

To the extent permissible by law, You hereby grant TinyMedic a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.

PATIENT CONSENT & PRIVACY

You have the option of uploading Your identifiable health information including physical, physiological and mental health condition, and medical records and history on the Application which may be accessed by TinyMedic and/or HSPs using the Application, during the course of providing Services to You. If You are a Secondary User, Your information may be provided to Us by the Primary User under whose account you are using and accessing the Application and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at [compliance@tinymedic.com]. By continuing to access and use the Application and Service, You confirm that You have authorized Primary User to provide Your information to us.

We may collect various personal information from You when You use the Application and for the features provided by the Application.

Our Privacy Policy AVAILABLE HERE sets out Our policy with respect to the collection, storage, use, processing, transfer and disclosure of any such personal information.

When You click on the ‘I accept’ tab at the time of registering or access the Application or otherwise provide Your personal information, You specifically consent to Our Privacy Policy.

TinyMedic may disclose/transfer Your Personal Information in accordance with applicable law and for the purposes as set out in the Privacy Policy.

TinyMedic is required by law to maintain the privacy and confidentiality of Your medical information. We assure to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to Your personal information is fool-proof. Further, TinyMedic may itself have to access Your medical information (medical records, Medical history, Treatment History etc.) in order to investigate any deficiencies, complaints or grievances that You bring to the notice of TinyMedic. You hereby specifically authorize TinyMedic to access Your medical information in such cases.

OTHER WEBSITES/MOBILE APPLICATIONS

You may be provided with links on the Application that direct You to third party websites / applications / content or service providers (collectively “Third Party Content”).

Links to such Third Party Applications are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third Party Content via a link available on the Application. Should You decide to click on the links to visit such Third Party Content, You do so on Your own volition. Your usage of such Third Party Content is subject to the terms of use of the respective Third Party Content and TinyMedic is not responsible for Your use of any Third Party Content.

We do not extend the Agreement to any other websites/applications except for TinyMedic Plat from and its Application. We do not make any warranty or give any security to the personal information disclosed by You to the other websites/applications, even if such websites/applications are linked to our Application or they are using our Application link.

TinyMedic does not endorse any Third Party Content that You may be directed to/from the Application.

OTHER WEBSITES/MOBILE APPLICATIONS

HSPs

TinyMedic will make available qualified HSPs to render Services after carrying out appropriate background and reference checks.

It is hereby clarified TinyMedic’ obligation to carry out appropriate background and reference checks and to validate qualification of HSPs does not go beyond ensuring that the HSPs were registered with relevant state professional councils or central professional council at the time of engagement and had a certificate of good standing from the relevant professional council at the time engagement.

Services

Subject to applicable law, TinyMedic will use commercially reasonable efforts to make the Services available to Registered Users 24 hours a day, 7 days a week, except for

planned downtime that will be communicated in advance to Registered Users;

any unavailability caused by circumstances beyond TinyMedic’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures or delays.

When such Service is rendered under a time-schedule, in which case, the obligation of TinyMedic under this clause shall be limited to making available such Service during the time-schedule. This obligation will also be subject to (i) and (ii) above;

When the Registered User is outside the operational coverage of Services

TinyMedic has no responsibility towards Unregistered User for providing Services.

For the avoidance of doubt, it is hereby clarified that TinyMedic’ responsibility towards Registered User will be limited to the provision of the Services as per the terms and conditions of the Agreement.

If TinyMedic suspects any illegal, wrongful or fraudulent activity on the Application by any User, notwithstanding any other rights TinyMedic may haveagainst such User, TinyMedic reserves the right to inform the relevant government or law enforcement authorities. TinyMedic will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

TinyMedic reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. All Users of its Services will be duly notified upon release of such newer versions and TinyMedic reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.

The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc.

TinyMedic doesn’t control to schedule/reschedule/cancel appointments and swap HSPs at any time without prior request from the HSP.

TinyMedic reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified below.

Legal Compliances

TinyMedic will strictly adhere to and adopt all reasonable measures to ensure compliance to all central and state government regulations and directives as applicable from time-to-time.

Data Recording, Storage, Encryption & Usage

The information stored on the Application may be entered by You or by a HSP in the course of services provided by TinyMedic. The information collected as part of the Services may be stored on Your mobile device as well as on a third party cloud platform (“Cloud Service Provider”) or server (“Storage Service Provider”).

All correspondences between Users, who are patients, and HSPs engaged by TinyMedic shall be recorded, saved and stored for record maintenance purposes and in the event such records are required to be produced as evidence on the direction of a court of law. TinyMedic may review this data from time to time for quality evaluation purposes. However, under normal circumstances, TinyMedic will not access any information that identifies You and shall either omit, mask or anonymize Your personal information at the time of quality evaluation.

It is hereby clarified that TinyMedic does not have the obligation to pre-screen or monitor User Content at any time. However, TinyMedic may elect to monitor any User Content and may modify or remove any User Content from the Application if TinyMedic determines in its sole discretion that such User Content is in violation of this Agreement or any applicable law and best practices. Where TinyMedic removes any User Content from the Application, TinyMedic will make reasonable efforts to inform the Registered User who had posted such User Content.

All User Content shall be recorded, saved and stored electronically on a secure cloud database/server managed by the Cloud Service Provider/ Storage Service Provider. TinyMedic shall take best efforts to ensure that the Cloud Service Provider/ Storage Service Provider uses appropriate levels of encryptions to protect data and takes all necessary precautions. TinyMedic will however not be responsible for any cyber data theft from its Application or the Cloud Service Provider’s Storage Service Provider’s databases.

TinyMedic shall maintain a detailed transaction history of Users online.

TinyMedic reserves the right to permanently delete User Content in case the User has and idle record for a period of three years.

USER RESPONSIBILITIES

Your use of the Application shall be subjected to the following terms and conditions:

1. You will observe and comply with the terms and conditions of the Agreement in letter and spirit;
2. You will provide full and accurate information about Your health, medical history and personal care needs;
3. You will strictly adhere to the advice and instructions given by HSPs from time to time;
4. You will not delete or modify any content of the Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
5. You will not decipher, decompile, reverse engineer, or disassemble the TinyMedic content;
6. You will not use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
7. You will not remove any copyright, trademark registration, or other proprietary notices from the Application. You further agree not to access or use the Application in any manner that may be harmful to the operation of the Application or its content;
8. You will not frame or hotlink or deeplink any TinyMedic Content;
9. You will not use the Application and / or Services in any way that is unlawful, or harms TinyMedic or any other person or entity, as determined in the TinyMedic’s sole discretion.
10. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet;
11. You will not host, display, upload, modify, publish, transmit, update or share any information that —

1. belongs to another person and over which You does not have sufficient legal rights;
2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force;
5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6. impersonate another person;
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
8. threatens the unity, integrity, defence, security or sovereignty of Nepal, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Without prejudice to the rights that TinyMedic may have under other provisions of the Agreement, where TinyMedic has reasons to believe that a User has violated a term or condition of the Agreement, then TinyMedic shall, in its sole discretion:

1. Suspend provision of Services; and/or
2. Suspend the account of the User until there is enough information available with TinyMedic to determine whether the User had violated a term or condition of this Agreement; and/or
3. Suspend or terminate the account of the User where TinyMedic has determined that the User had violated a term or condition of this Agreement; and/or
4. Approach User to make good that loss or damage caused to TinyMedic as a pre-condition to revoke the suspension; and/or
5. Take any such action against the User as it permissible under law; and/or
6. Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes.

PATIENT EMERGENCIES

The Services are not a replacement to emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In case of emergency, please contact emergency services and/or rush to nearest hospital.

REPRESENTATIONS AND WARRANTIES

By Using TinyMedic Platform & associated Applications, You hereby represent and warrant that:

1. You are 18 years of age or older and that Your use of the Application shall not violate any applicable law or regulation;
2. Where a minor may access or use the Application or Service, You will ensure that such access or use happens through your account and under Your personal supervision. Further, You accept to be accountable and liable for the activity of the minor on the Application, including in respect of the Services availed on the Application;
3. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
4. You as a Registered User will use the Application solely for Your personal and non-commercial use. Any use of TinyMedic the Application or its content other than for personal purposes is prohibited.

TinyMedic represents and warrants that:

1. it is a company duly organized under the [Companies Act, 2013] and has the power and authority to provide the Services and the Application;
2. it has all permits, approvals and licenses necessary to carry out the Services and in fulfilling its obligations hereunder;
3. by entering into this Agreement, TinyMedic does not violate any of the previous arrangements entered into with other entities to which it is a party;

DISCLAIMERS

You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:

1.Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a HSP;

1. Your HSP may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
2. Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Application;
3. Security protocols could fail, causing a breach of privacy of Your confidential medical information.
4. A lack of access to complete medical records may result in errors in medical judgment.

User may expect the anticipated benefits from the Services provided by TinyMedic, HSPs and its authorized representatives, but no results can be guaranteed. User’s condition may not be cured or improved, and in some cases, may get worse.

TinyMedic hereby disclaims any responsibility towards Users in terms of development, maintenance and updation of the Application.

Any modification, development, maintenance or updation of Application and any modification, transfer, license or assignment of the rights in the Application shall be done by TinyMedic as per its sole judgment and in its sole discretion.

The Application and Services provided by TinyMedic is provided “as is,” as available, 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). To the fullest extent permitted by law, TinyMedic disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, the TinyMedic Content, representations and warranties made by TinyMedic or any opinion or suggestion given or expressed by TinyMedic or its contractors and agents (including HSPs).

Specifically, TinyMedic disclaims any liability arising out of:

1. Any pre-existing medical condition; or
2. Any adverse drug reaction (due to any act or omission based on information found on the Application, or otherwise); or
3. Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User.

TinyMedic assumes no responsibility, and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.

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

Neither TinyMedic nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of TinyMedic or its contractors and agents is proven.

Information regarding HSP and Services

Information regarding HSP and TinyMedic Services is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. You are encouraged to independently verify any such information You see on the Application with respect to a HSP that You seek to engage through the Application.

TINYMEDIC DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF

(I) THE APPLICATION AND ITS FEATURES; (II) HSP INFORMATION ON THE APPLICATION; (III) ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR TINYMEDIC CONTENT (V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE APPLICATION AND / OR SERVICES.

TINYMEDIC MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.

TINYMEDIC ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE APPLICATION AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE PLATFORM.

YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE FOR TINYMEDIC TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER CONTENT. TINYMEDIC IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.

TINYMEDIC DOES NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS A FEATURE OF THE APPLICATION OR NOT.

TINYMEDIC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED DUE TO EVENTS BEYOND THE CONTROL OF TINYMEDIC DUE TO TECHNICAL REASONS OR THIRD PARTY ACTIONS.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will TinyMedic or its LICENSEES or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application or the Services, materials and functions related thereto whether or not TinyMedic has been warned of the possibility of such damages or could have reasonably foreseen such damages.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold TinyMedic, TinyMedic’s LICENSEES, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities’ respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i) Your use of the Application or Service (ii) Your breach of terms, conditions or provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.

USER ACCOUNT SUSPENSION

In the event where a User has breached the Agreement in TinyMedic’s sole judgment or when TinyMedic is unable to verify or authenticate any information provide by User to TinyMedic or when or User fails to provide the consents necessary or desirable for TinyMedic to provide the Services (or after providing such consent, later revokes), TinyMedic reserves the right to suspend and / or terminate the User’s account and/or access to the Application by blocking Your IP address or email id with or without notice to the User. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application and/or Services. Upon suspension or termination, Your right to use the features on the Application including Services shall immediately cease and TinyMedic may permanently remove or delete Your information that is available with TinyMedic, including but not limited to login and account information.

TinyMedic shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User’s account or any other actions taken by TinyMedic in connection with such account termination or suspension.

Once User’s account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or re-register under a new account.

TERMINATION

This Agreement will remain in full force and effect while You use the Application in any manner or capacity.

You can terminate his/her/its relationship with TinyMedic at any time by providing 30 (thirthy) days’ prior written notice to compliance@tinymedic; We need this period to inactivate User account, only after verifying if there are any ongoing or pending Treatment / Procedure. TinyMedic may require User to continue until the completion of an on-going Treatment / Procedure should the situation warrant.

TinyMedic may terminate its relationship with You after providing 30 (thirty) days’ prior written notice to Your registered email address. However, it does not prejudice TinyMedic’ right to refuse Service to You without providing any reason.

TinyMedic may terminate the Agreement without notice and with immediate effect where, in the sole opinion of TinyMedic:

1. Any material particular relating to personal and medical information furnished by a User appears to be untrue; or
2. A User is critical or unstable or dead; or
3. Provision of Services poses a risk to life of HSPs; or
4. User fails to co-operate with HSPs or TinyMedic; or
5. HSPs and/or other TinyMedic resources are no longer adequate, available and/or suitable to accommodate User’s health requirements.

APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION

The information provided under the Application and the terms and conditions therein are governed by and to be interpreted in accordance with Laws of Nepal.

The Parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by 1 (one) arbitrator mutually appointed by the AndhraPradesh High Court or such other appropriate authority under the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Giddaluru, Prakasham District, Andhra Pradesh. Subject to the aforesaid, the competent courts of Giddaluru, Prakasham District, Andhra Pradesh shall have jurisdiction to grant urgent interim reliefs to the Parties.

The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

MISCELLANEOUS

Severability: If any provision of this 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 the 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.

Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent e-mail, or mailed by prepaid internationally-recognized courier or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:

If to TinyMedic:

#8-17-165/91 E, Bhupalreddy Society Colony, Giddaluru, Prakasham, Andhra Pradesh, India - 523357

If to You:

at the email address provided by You to us when You registered as a User. If You are a Secondary User, You agree to receive communications and be notified at the email address of the Primary User.

No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

Force Majeure: TinyMedic shall not be liable for any downtime or delay or unavailability of the Application caused by circumstances beyond TinyMedic’s reasonable control, including without limitation, cyber-attacks, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

Advertisement:TinyMedic shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Application.

Assignment: You may not assign or sub-license, without the prior written consent of TinyMedic, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

Conflict: In the event there is any conflict between the terms of the Agreement, the following order of prevalence shall apply: (i) any additional Service-specific terms and conditions that may be agreed by You (ii) Privacy Policy (iii) the Terms of Use and (iv) any other policies applicable to specific pages of the Application.

Survival: Even after termination, the provisions of the Agreement with respect to Limitation of Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

Modifications: TinyMedic reserves the right to modify any part of the Agreement at any time without giving You prior notice. No part of the Agreement shall stand modified unless consented to in writing by TinyMedic.

When TinyMedic updates the Agreement, We will send an email to You on Your registered email id which will intimate You of the changes. Alternatively, TinyMedic may cause Your account to be logged-off in and make Your subsequent account log-in conditional on acceptance of the Agreement.

If You do not agree to the changes, please do not access or use the Application and the Services any further.