Rekosh Healthcare Private Limited owns and operates the services provided through the Website (rekoshhealthfoundation.org).

The terms ‘Rekosh Healthcare Private Limited’ or ‘us’ or ‘we’ refer to the owners of this Website. The terms ‘you’ or ‘User’, and all its grammatical variations, refer to the user or viewer of our Website.

Before the User decides to access the Website or avails the services made available on the Website by Rekosh Healthcare Private Limited, it is recommended that the User reads these Terms and Conditions. These Terms and Conditions published on the Website constitute a legal agreement (“Agreement”) between the User and Rekosh Healthcare Private Limited in connection with the User’s visit to the Website and the User’s use of the Services as made available to the User by Rekosh Healthcare Private Limited on the Website. This Agreement applies to a user of the Website who avails any of the services offered by Rekosh Healthcare Private Limited and any person who only accesses the website.

This Agreement defines the terms and conditions under which the User is allowed to access and / or use the Website and describes the manner in which Rekosh Healthcare Private Limited shall treat the User’s account while the User is subscribed as a member with us. If the User has any questions about any part of the Agreement, feel free to contact us at (support@rekoshhealthfoundation.org). By downloading or accessing the Website to use the Services, the User irrevocably and unconditionally accepts all the conditions stipulated in this Agreement, and the Privacy Policy, as available on the Website, and agrees to abide by them. Rekosh Healthcare Private Limited reserves the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to the User in writing by email. The User is expected to read the Agreement at regular intervals. If the User does not agree with any part of the Agreement, the user is free to and advised to not use the Website or avail any Services. The sole remedy of the User for dissatisfaction with Rekosh Healthcare Private Limited is the discontinuation of the usage of the Services provided by Rekosh Healthcare Private Limited.

1. Agreement subject to laws of India

This Agreement is subject to and in compliance with the laws of India including the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, the rules, regulations framed there under including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2. Who may be the User and Representations of the User

• The User must be 18 years of age or older before using the Services, or visiting or accessing the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, the User represents and warrants to Rekosh Healthcare Private Limited that the User has power and capacity to enter in to this Agreement and perform its obligations hereunder 18 years of age or older, and that the User has the right, authority and capacity to use the Website, the Services available through the Website, and agrees to and abide by this Agreement and there is nothing in this Agreement which violate the terms of any agreement, obligations or binding undertakings that the User may be party to or any applicable laws to which the User is subject. Please note that in the event the User is not of sound mind to take a decision with respect to engaging Rekosh Healthcare Private Limited to provide the Services, then the legal heirs or authorised representative of the User shall enter into the Agreement for and on behalf of the User and shall undertake and perform all the obligations related to User under the Agreement.
• The User further represents and warrants that he/she has read the terms and conditions of this Agreement and understands the terms and conditions of this Agreement.
• The User further represents and warrants that this Agreement constitutes a legal, valid and binding obligation on the User and will be enforceable against the User in accordance with its terms and/or by an appropriate legal remedy.
• The User represents and warrants that he//she will provide any and all details relevant for Rekosh Healthcare Private Limited to provide the Services under this Agreement.
• The User represents and warrants that prior to availing the Services provided by Rekosh Healthcare Private Limited, it shall seek advice of and consult with the Users medical advisor and doctor, and fully and independently evaluate the appropriateness and effectiveness of the Services provided by Rekosh Healthcare Private Limited.
• The User further represents and warrants that he/she shall independently consult with his/her medical advisor and doctor to fully and independently understand the risks and limitations of the Services being provided by Rekosh Healthcare Private Limited.
• The User further represents and warrants that it has, in engaging Rekosh Healthcare Private Limited to provide the Services, neither, in any manner, relied upon nor been influenced by any information, advice or representation that may have been made by the Rekosh Healthcare Private Limited, its affiliates or representatives through its Website or otherwise.

3. Conditions of access

• Rekosh Healthcare Private Limited may by its Services, collect information relating to the devices through which the User accesses the Website, and anonymous data of the User’s usage. The collected information will be used only for improving the quality of Rekosh Healthcare Private Limited’s services and to build new services.
• The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of 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.
• The authenticity of the personal information or sensitive personal data or information supplied by the User to Rekosh Healthcare Private Limited or to any other person acting on behalf of Rekosh Healthcare Private Limited shall be the sole responsibility of the User. If any information so provided by the User is not true, accurate or correct, Rekosh Healthcare Private Limited or any representative of Rekosh Healthcare Private Limited shall not be held responsible in any manner whatsoever.
• 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 inform Rekosh Healthcare Private Limited of any actual or suspected unauthorized use of the User’s account or password. Although Rekosh Healthcare Private Limited will not be liable for the User’s losses caused by any unauthorized use of the User’s account, the User may be liable for the losses of Rekosh Healthcare Private Limited or such other parties as the case may be, due to any unauthorized use of the User’s account.
• If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Rekosh Healthcare Private Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rekosh Healthcare Private Limited has the right to discontinue the Services to the User at its sole discretion.

4. Conditions pertaining to content and information

• To the fullest extent permitted by applicable law, Rekosh Healthcare Private Limited 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 Rekosh Healthcare Private Limited or any User in relation to any User or services provided by such User. The User represents and states that it has accessed the Website and approached Rekosh Healthcare Private Limited to avail the Services after due and careful consultation with his/her primary treating physician.
• The Website may be linked to the website of third parties, affiliates and business partners. Rekosh Healthcare Private Limited has no control over, and will not be 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 Rekosh Healthcare Private Limited endorses the linked site. Users may use the links and these services at User’s own risk.
• Rekosh Healthcare Private Limited assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect the User’s equipment on account of the 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, the User’s sole and exclusive remedy shall be to discontinue using the Website.

5. Relationship between the User and Rekosh Healthcare Private Limited

• 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 or which the User may gather may be provided by individuals in the medical profession. The User agrees and acknowledges that the provision of such Information does not create a medical professional/patient relationship, between Rekosh Healthcare Private Limited and the User. Rekosh Healthcare Private Limited explicitly states that it is not a medical practitioner and is not permitted to provide medical advice, opinion, treatment, diagnosis or prescriptions to any person and is only a platform being made available to Users to assist them to obtain opinion from medical practitioners and does not intend to replace the physical consultation with a medical practitioner. In case an opinion, medical advice, prescriptions or diagnosis or treatment of any particular condition (collectively referred to as “Medical Advice”), is given by a medical practitioner to the User directly or through Rekosh Healthcare Private Limited, where Rekosh Healthcare Private Limited is only an intermediary of the information, the User agrees and acknowledges that the Medical Advice shall be solely the responsibility and liability of the medical practitioner and in no case shall Rekosh Healthcare Private Limited or any of its directors, associates, employees, agents be held responsible and liable in any manner whatsoever, whether directly or indirectly, for the same. The User further agrees and acknowledges that Rekosh Healthcare Private Limited is only acting in the capacity of an intermediary in order to assist the User in procuring opinion from medical practitioners. The User further agrees and acknowledges that Rekosh Healthcare Private Limited does not provide medical advice nor do the Services provided constitute the practice of medicine, nursing, or any other practice of the health care or medical profession. Any information provided to you on the Website as a result of your use of Rekosh Healthcare Private Limited’s Services is being provided to you solely for your educational and informational benefit and should not be considered medical advice, diagnosis, treatment or a substitute for professional medical advice. Use of any services provided on the Website does not establish a doctor-patient relationship in any manner whatsoever. Rekosh Healthcare Private Limited encourages that you share any reports, opinions, advice, treatment, modes of treatment, or other information generated by use of the Services directly with your treating health care provider.
• The User agrees and acknowledges that Rekosh Healthcare Private Limited is neither a hospital or a similar institution, nor qualified to provide any nor a provider of Services equivalent to those provided by a hospital or institution and is only a platform provider for providing the Services which involves making available second opinions by connecting the User to medical practitioners and assisting the User in procuring medical opinions from medical practitioners, but does not include diagnostic, prescriptive or healthcare or medical services of the nature that only qualified doctors or physicians are permitted to provide or nursing homes or hospitals are permitted to provide and it shall hence not be responsible or liable in any manner whatsoever to either Users or the medical practitioners for any outcome from the consultation between the User and the medical practitioner.
• The User hereby acknowledges and agrees that the Services provided by Rekosh Healthcare Private Limited are not intended to be a substitute for healthcare emergency services, in case of any medical emergency with the User, where it is not possible to reach or take guidance from the User’s medical advisor, the User or any other close relative or friend of the User should immediately contact an ambulance service on behalf of the User and immediately shift the User to emergency medical services to the nearest Hospital. By accessing the website, the User acknowledges, and agrees that Rekosh Healthcare Private Limited is not in the business of providing emergency medical service and the User will make his/her own arrangements in case of an emergency situation.

6. Users rights and obligations

• The Users understand that the system uses an algorithm to find the medical practitioner for providing the Services. However, the User shall, based on the choices provided to the User by the system, chose the medical practitioner from whom he/she would like to seek a medical opinion. The User acknowledges and agrees that Rekosh Healthcare Private Limited will not be held responsible in any manner whatsoever with respect to the choice of the medical practitioner selected by the User for availing the Services.
• In case any diagnosis, treatment, advice, opinion is being provided to User by the medical practitioner, the same is being provided on the basis of online consultation. By assessing this service, the User acknowledges that the diagnosis, treatment, advice, opinion may vary when examined in person and hence in no event shall the prescription provided by a medical practitioner be relied as a final and conclusive solution.
• The Users agree to use the advice from medical practitioner on the Website subject to the User having
  (a) an ongoing treatment with a medical practitioner,
  (b) a condition which does not require emergency treatment, physical examination or medical attention and
  (c) provided the medical history and relevant Information to Rekosh Healthcare Private Limited.

The User agrees and acknowledges that the medical practitioner selected by the User to provide the Services will not be conducting a physical examination of the User and hence they may not have or be able to derive important information that is usually obtained through a physical examination. The User understands and agrees that the ability to not carry out a physical examination can cause limitations with respect to the diagnosis and agrees and accepts the risk associated with such limitations. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation. User also agrees that Rekosh Healthcare Private Limited will not be held responsible in any manner whatsoever with respect to the choice of the medical practitioner or hospital selected by the User for availing the Medical tourism services. User agrees that Rekosh Healthcare Private Limited will not be held responsible in any manner whatsoever with respect to any service, financial or treatment issues arising through connected concierge for Medical tourism in India or Abroad.

• Any conversations that the Users have had with the medical practitioners will be retained in the Rekosh Healthcare Private Limited database as per the applicable laws and subject to confidentiality. Please review our Privacy Policy to understand how your information is protected by us.
• The User hereby agrees to indemnify, defend and hold harmless, Rekosh Healthcare Private Limited and its officers, directors, shareholders, agents, representatives, contractors, consultants, employees, and affiliates, to the fullest extent permitted under applicable laws, from and against any and all losses, claims, liabilities, penalties, proceedings, actions, damages, and expense, including, without limitation, any reasonable fees, disbursements and other charges of counsel which may be incurred by Rekosh Healthcare Private Limited (collectively the “Losses”) in connection with, related to, or arising out of
  (i) any breach of any representation or warranty, covenant or agreement by the User as contained in this Agreement,
  (ii) any act or omission by the User, or
  (iii) any claims by third parties arising out of or relating to the Services, or
  (iv) any act or omission of the Users attorneys, authorized person, family members, representatives, agents, consultants or In the event that Rekosh Healthcare Private Limited, suffers, incurs or sustains a Loss, it shall within a reasonable period of time, notify in writing (“Claims Notice”) to the User, of the Losses for which it is asserting an indemnification claim under this Clause 6.6. The Claims Notice shall include a description of the Loss with reasonable details in respect of which indemnification is being sought. Within 15 (Fifteen) days from the date of receipt of the Claims Notice, the User shall make payments of the amounts mentioned in the Claim Notice to the Company.
• The User agrees not to post any comments which are defamatory, obscene, objectionable in nature and Rekosh Healthcare Private Limited retains the sole, exclusive and unilateral right to delete any comments which it may determine to violate these Terms and Conditions or be violative of any law or statute in force at the time.

7. Limitation of Liability:

• The User acknowledges that for the performances of the Services by Rekosh Healthcare Private Limited under the Agreement, Rekosh Healthcare Private Limited shall use the services of other parties, including, affiliates or associates of Rekosh Healthcare Private Limited. Rekosh Healthcare Private Limited undertakes that it shall use commercially reasonable efforts to select a third party to perform the Services and shall not be liable for any loss, damage or or harm caused to the User, its family members or attendants due to an act or omission or conduct of such parties.
• Rekosh Healthcare Private Limited total liability arising out of or in connection with the claims in respect of the performance of its Services under the terms of this Agreement shall be limited to the aggregate amount of INR [1,000].
• Under no circumstances shall Rekosh Healthcare Private Limited be responsible or liable for any action, inaction, incompetence or other failure of any third party.
• Rekosh Healthcare Private Limited shall provide the Services as per the instructions of the User and the User’s medical advisor and makes no warranty
  (i) that the Services will meet all the requirements of the User, or
  (ii) in respect of efficacy or effectiveness of the Services in treating the medically diagnosed ailments of the User. Rekosh Healthcare Private Limited makes no guarantee or provides no assurance regarding the effectiveness or outcome of the Services or the opinions and diagnosis provided by medical practitioners selected by the User and under no circumstances can Rekosh Healthcare Private Limited be held responsible for the outcome or performance of the Services under this Agreement.
• The User acknowledges and agrees that Rekosh Healthcare Private Limited is not a hospital nor engaged in the business of providing medical services equivalent to those offered by a hospital or institution or carrying out medical diagnosis and prognosis of patients and is not in a position to make any medical decision. The User expressly agrees that Rekosh Healthcare Private Limited shall not be liable for any loss or damage arising out of the selection of the Services or the medical practitioner providing the second opinion or the opinion provided by the medical practitioner. The User further acknowledges and agrees that Rekosh Healthcare Private Limited is only an intermediary to provide the second opinion of the medical practitioner to the User and that Rekosh Healthcare Private Limited shall have no responsibility or role in the second opinion of the medical practitioner being provided to the User or the outcome of such second opinion.
• Rekosh Healthcare Private Limited shall not be liable for any damages or loss whatsoever, including any special, indirect, consequential, or incidental damages caused to the User or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the Services, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Rekosh Healthcare Private Limited has been advised of the possibility of such damages or loss.

8. Maintenance of Records

• It is the User’s responsibility to keep Rekosh Healthcare Private Limited informed of its updated contact information. Rekosh Healthcare Private Limited shall not be responsible for any loss or inconvenience caused due to the User’s failure in updating the contact details.

9. Cessation of User Access

• Rekosh Healthcare Private Limited reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under applicable law, in cases where
  (a) the User breaches any terms and conditions of the Agreement,
  (b) a third party reports violation of any of its right as a result of the User’s use of the Services,
  (c) Rekosh Healthcare Private Limited is unable to verify or authenticate any information provide to Rekosh Healthcare Private Limited by a User,
  (d) Rekosh Healthcare Private Limited has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User or
  (e) Rekosh Healthcare Private Limited believes in its sole discretion that User’s actions may cause legal liability Rekosh Healthcare Private Limited or other users of Rekosh Healthcare Private Limited.
• On termination of this Agreement due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material maintained on the Website by such User. The User shall ensure that he/she has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

10. Non-disparagement

• The User shall not, during the term of the Agreement and thereafter, directly or indirectly disparage (even by making truthful statements) Rekosh Healthcare Private Limited or its directors, employees, agents or other third parties with whom Rekosh Healthcare Private Limited has business relationships. The User hereby acknowledges and agrees that the restrictions set forth in this Clause are reasonable for the purposes of protecting the interest of Rekosh Healthcare Private Limited. In the event, if any restriction stipulated herein is found by any court of competent jurisdiction to be unenforceable, it shall be interpreted to extend for the time period, and range of activities or geographic area to which it may be enforceable.

11. Term and Termination

The term of this Agreement shall be for a period of 2 years from the date of the User accepting the terms and conditions of this Agreement, unless the Agreement is terminated earlier in the manner contemplated herein. This Agreement shall be terminated in the following manner:
(a) by either party without assigning any reason by giving 15 (Fifteen) days of written notice to the other party,
(b) by the non defaulting party by serving a written notice, in the event of any breach of the covenants of this Agreement by the defaulting party, wherein the defaulting party fails to remedy the breach within 7 (Seven) days of intimation of such breach,
(c) by Rekosh Healthcare Private Limited on the death of the User, or
(d) by the User in the event the User does not require any further Services.

Consequences of Termination: In the event of termination of this Agreement in accordance with Clause 11, without prejudice to such other rights that Rekosh Healthcare Private Limited may have under this Agreement or applicable law,
(a) Rekosh Healthcare Private Limited shall immediately stop providing the Services to the User
(b) the User shall forthwith and in any event no later than 3 (Three) days post the termination of the Agreement, pay the all sums due and payable till the date of the termination of the Agreement. In the event the Agreement is terminated due to the death of the User, the authorised representative of the User shall have the sole responsibility to pay the sums due and payable to Rekosh Healthcare Private Limited.

Renewal: The parties hereby agree that terms of this Agreement may be extended for such period as may be mutually agreed to between the parties in.

12. Redressal of Grievances

If a User has any questions concerning Rekosh Healthcare Private Limited, the Website, this Agreement, the Services, or anything related to any of the foregoing, Rekosh Healthcare Private Limited customer support can be reached at the following email address:(support@rekoshhealthfoundation.org) or via the contact information available from the following hyperlink: (rekoshhealthfoundation.org)

13. Applications and Mobile Devices

If the User accesses the Rekosh Healthcare Private Limited Platform through the web application, the User acknowledges that this Agreement is between the User and Rekosh Healthcare Private Limited only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Rekosh Healthcare Private Limited Platform through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.

14. Services that Require Separate Agreement

Certain features or services of Rekosh Healthcare Private Limited platform may require the User to enter into a separate and supplemental agreement prior to availing the Services and the same shall be communicated to the User by Rekosh Healthcare Private Limited, on need to know basis.

15. Changes to the Website

In order to continuously improve the user experience, Rekosh Healthcare Private Limited may carry out change to the Website. retains the sole and exclusive right to carry out changes to the Website.

16. Miscellaneous

• Assignment: The User shall not have the right to assign its right or obligations under this Agreement to any third party. Rekosh Healthcare Private Limited shall have the right to assign its rights and obligation under this Agreement to any third party, without the prior written consent of the User.
• Governing Law & Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of India and the courts at Mumbai shall have exclusive jurisdiction, including all issues arising out of or relating to arbitration proceedings.
• Dispute Resolution: Any dispute arising out of or in connection with this Agreement which is not resolved within 15 (Fifteen) business days after the service of a notice by a party on the other, including any question regarding its existence, validity or termination shall be referred to an arbitration panel. The arbitration proceedings shall be in the English language. The venue for the arbitration shall be Mumbai. The
  arbitration shall be conducted by a sole arbitrator to be appointed by Rekosh Healthcare Private Limited. The costs of the arbitration shall be borne in the manner decided by the arbitrator in the arbitration award and the arbitration award shall be final and binding on the parties.
• Notices: All notices, requests, consents, waivers or other communication required or permitted hereunder shall be in writing and in English and shall be deemed properly served:
  (a) if delivered by hand and received by an authorized employee or officer of the party;
  (b) three (3) days after being given to an internationally reputed courier with a reliable system for tracking delivery;
  (c) upon receipt of confirmation receipt when sent by facsimile;
  (d) ten (10) days after the date of dispatch by certified or registered mail, postage prepaid, return receipt
  requested to the address of the parties first mentioned above;
  (e) by email, on the email being delivered to the account of the other party.
• Execution of the Agreement on behalf of the User: In the event the User is determined to be medically unfit to take a decision with respect to engaging Rekosh Healthcare Private Limited to provide the Services under this Agreement, the legal heirs or authorized representative may enter into this Agreement for and on behalf of the User and shall undertake and fulfill all the obligations of the User under the Agreement, as if such obligations and responsibilities are those of the attendant.
• Survival: The followings provisions of this Agreement shall, by their nature, survive termination, cancellation, completion or expiration of this Agreement and shall continue to be valid and enforceable obligations of the Parties: Clause [•] (Representations and Warranties), Clause [•] (Non-Disparagement), Clause [•] (Indemnity), Clause [•] (Limitation of Liability), Clause [•] (Governing Law and Jurisdiction), Clause [•] (Dispute Resolution), Clause [•] (Notices), Clause [•] (Survival).
• Further Assurances: The parties agree to extend reasonable cooperation to each other to comply with and give effect to the transactions contemplated and the terms of this Agreement.
• Partial Invalidity: If any provision of this Agreement is held to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision which is valid and enforceable and most nearly reflects the original intent of the unenforceable provision.
• Entire Agreement: This Agreement, along with all its annexures, exhibits, forms, and undertakings contains the entire understanding between the parties with respect to the matters covered hereby and supersedes any prior understanding, agreements, representations or warranties, whether made orally or in writing, by the parties.
• Refund Policy: Rekosh Healthcare Private Limited does not provide any refund for any service provision. In the event the User would want a refund, grievances should be sent according to grievances policy.
• Remedies, Waivers and Releases: The rights, powers and remedies provided in this Agreement are cumulative and not exclusive of any rights, powers and remedies provided by applicable law, including any liability for fraud or fraudulent misrepresentation. No delay or omission by any party to this Agreement in exercising any right, power or remedy provided by applicable law or under this Agreement will affect that right, power or remedy or operate as a waiver of it. The single or partial exercise of any right, power or remedy provided by applicable law or under this Agreement will not preclude the exercise of any other or further right, power or remedy.

THE USER HAS READ THESE TERMS AND CONDITIONS AND AGREED TO ALL OF THE PROVISIONS CONTAINED ABOVE.