Manah Sparsh is the service provider of services mentioned below. Manah Sparsh brand operates the said services through https://www.manah sparsh.org.

1. NATURE AND APPLICABILITY OF TERMS:

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.manah sparsh.org/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Manah Sparsh (on its and its affiliates behalf) in relation to the Services (as defined below).

The Agreement applies to:

1. a medical practitioner or health care provider (whether an individual professional or an organization) or similar institution providing the services on the Consult platform or the Consult (International) platform, as the case may be (“Practitioner(s)”, “you” or “User”); or
2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or
3. Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services provided by manah sparsh on the Website, (“Services”),

The Services may change from time to time, at the sole discretion of manah sparsh, and the Agreement will apply to you providing the Service.

manah sparsh 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 you in writing. You should read the Agreement at regular intervals. Your providing of Services following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for providing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• the Indian Contract Act, 1872,
• the (Indian) Information Technology Act, 2000, and

2. CONSULT (Domestic - India)

1. Definition:

Consult is a Service provided by manah sparsh that allows Users & Practitioners to communicate, on paid mode. Further, Users may access this feature on Website/ platform to get assigned, for the purposes of consultation, to a Practitioner whereby such Practitioners are inter alia assigned through the system’s algorithm/software-program that finds the most available and accepting Practitioner. The scope of this feature as detailed herein is collectively referred to as "Consult".

2. Terms for Users:

The Users expressly understand, acknowledge and agree to the following set forth herein below:

1. In case any prescription is being provided to User by the Practitioner, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Practitioners be relied upon as a final and conclusive solution.
2. The Users agree to use the advice from Practitioner on the Website pursuant to:

• an ongoing treatment with their medical practitioner;
• a condition which does not require emergency treatment, physical examination or medical attention;
• medical history available as records with them for reference;
• a record of physical examination and report thereof with them, generated through their local medical practitioner;
• consultation with their medical practitioner before abandoning or modifying their ongoing treatment.

3. The User agrees that by using Consult, the Practitioners on Consult will not be conducting physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
4. The User understands that Consult shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Practitioner is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Practitioner.
5. During the consultation and thereafter, the Practitioner may upload the prescription/health records of the User on the account of the User on the Website for access of the User. However, it is expressly clarified that for Users not located within India and using Consult, the Practitioner may or may not issue a prescription, at his sole discretion.
6. If Practitioner responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that manah sparsh may send such communications like text messages/email/calls before and/or after Practitioner’s consultation (physical or online) to User’s mobile number, based on the Practitioner’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, manah sparsh does not take responsibility for timeliness of such communications.
7. The User hereby agrees to manah sparsh's medical team carrying out an audit of his/her consultations on the Consult platform for the purpose of improving treatment quality, user experience, and other related processes. The User acknowledges that the subject matter of audit may include texts, messages, photographs, reports, audio or video recordings or any other material exchanged between the User and the Practitioner which could inter alia include User's personal information, including sensitive personal information. This personal information will be processed in accordance with Privacy Policy.
8. User shall refrain from raising any personal queries or advice on the Consult platform which are not related to a specific disease / medicine.
9. Users shall not use abusive language on the Consult platform. In the event of an abuse from the User is reported by a Practitioner, manah sparsh reserves the right to block such Users from the Consult platform and manah sparsh is not responsible for honouring any refund request towards his/her consultation on the Consult platform.
10. Users may share images or videos of the affected areas of their body parts with the Practitioner only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. manah sparsh shall not be responsible for any such images or videos shared by the Users with the Practitioners.
11. Users shall ensure that any interaction/communication with the Practitioners, including sharing images or videos of the body parts, shall be only through the Consult platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Practitioners.
12. Users shall be prepared to share all relevant documents or reports to the Practitioner promptly upon request.
13. Users shall not persuade Practitioners to prescribe drugs (including higher dose strength) that do not conform to the Consult prescription policy. The restricted drugs are as follows:

• Medication for Medical Termination Pregnancy (MTP)
• Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.

14. If restricted drugs are indicated for treatment or management of a disease or condition by a Practitioner, the User shall physically visit the Practitioner of their choice to confirm the requirements/necessity for prescribing such restricted drugs.
15. User understands and agrees to provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.
16. If User decides to engage with a Practitioner to procure medical services or engages in communication, exchange of money for services outside of Consult platform, User shall do so at their own risk. manah sparsh shall not be responsible for any breach of Service or Service deficiency by any Practitioner.
17. The User agrees and understands that the transaction with the Practitioner are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms and Conditions hereunder, at all times. The User further agrees and understands that the Practitioner is a medical practitioner who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Practitioners via the Website. It is expressly clarified that at no point in time can it be construed that the Practitioner is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Practitioner, in any manner whatsoever.
18. The User shall indemnify and hold harmless manah sparsh 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 or in relation to the use of Website by the User, by breach of the Terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
19. The User shall make payment using the payment gateway to make payments online, solely at User's discretion. Should there be any issues with regard to the payment not reaching the manah sparsh account, the User may contact manah sparsh's support team via contact details mentioned in the website.

3. Terms for Practitioners:

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, manah sparsh shall have the right to replace such Practitioners for the purpose of consultation to the User.
2. The Practitioner further understands that, there is a responsibility on the Practitioner to treat the User, pari passu, as the Practitioner would have otherwise treated the User on a physical one-on-one consultation model.
3. The Practitioner has the discretion to cancel any consultation at any point in 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 which may include referring the User for further evaluation.
4. 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.
5. Practitioner shall ensure that, the consultation online is treated as an in-clinic consultation and provide advice to the best of Practitioners’ knowledge.
6. The Practitioner hereby agrees to manah sparsh’s medical team carrying out an audit of his/her consultations on the Consult platform for the purpose of improving treatment quality, user experience, and other related processes. The Practitioner acknowledges that the subject matter of audit may include their personal information. This personal information will be processed in accordance with the Privacy Policy.
7. For direct consultations on the Consult platform, the practitioner shall ensure that they respond to User's health concern within a maximum of two (2) hours of the Practitioner receiving the message (in exceptional circumstances, where the consultation was allocated to a Practitioner without their acceptance). However, the time frame for response shall be between 10 am to 8 pm.
8. In case, the Practitioner accepts a User’s consultation by their own choice, then such Practitioners shall ensure to provide a response within five (5) minutes of accepting the said consultation. Also, the response time for a Practitioner during an active consultation shall not exceed five (5) minutes.
9. In case, the Practitioner has marked himself/herself available for a particular consultation on the Consult platform and in the event a consultation has been auto allocated to a Practitioner, then such Practitioners shall ensure to provide a response to the User within five (5) minutes of accepting the consultation and during the active consultation period.
10. Practitioners should provide e-prescriptions to the Users only via the prescription module. However, when the Practitioner creates an e-prescription, the Practitioner will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Practitioner hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically. In addition to any indemnity warranties provided elsewhere in the Agreement, the Practitioner hereby agrees to hold manah sparsh, its officers, employees, agents and affiliates harmless from any claims, damages, losses or penalties arising out of any third party claims in connection with the validity of the e-prescription, its content and/or electronic signature.
11. For a Practitioner to complete a consult, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows:

• Summary of presenting illness
• Provisional diagnosis
• Medicine posology including side effects if any
• Diagnostics
• Lifestyle changes
• Other instructions if any
• Referral for physical consultation (if necessary)

12. Where the Practitioner learns that a physical consultation is mandatory for accurate diagnosis and resolution of the case, the Practitioner shall mandatorily be required to provide a patient referral for physical evaluation along with required information via the prescription module.
13. Practitioners shall not prescribe, medical termination pregnancy medication, sedatives, Hypnotics, opioids, schedule X drugs, or fourth generation antibiotics on the Consult platform. If any such drugs are indicated for treatment for a given consultation, the Practitioner shall refer the User for a physical consultation.
14. In the event the Practitioner learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Practitioner agrees to report such events to manah sparsh via the email: medicolegal-team@manahsparsh.org immediately
15. The Practitioners agrees not to request see for images or video of the User's private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.
16. If Practitioner needs to change the status to 'unavailable', the same could be changed after having completed all the open consultations. In case the Practitioner leaves a consultation open and changes the status to 'unavailable', the Practitioner understands that he shall be liable to pay such penalty as may be imposed by manah sparsh, in these cases.
17. The Practitioner is not allowed to use any other platform other than the Consult platform for the purpose of interacting/communicating with the User and any attempt by the Practitioner to interact with the Users through any other external means of communication will amount to violation of this Agreement by the Practitioner.
18. If the Practitioner’s performance on the Consult platform is not compliant with the expected guidelines of manah sparsh or the Practitioner is found to be misusing the Consult platform, the Practitioner may result in losing the privilege of using the Consult feature & platform.
19. The Practitioner acknowledges that should manah sparsh find the Practitioner to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then manah sparsh shall be entitled to cancel the consultation with such Practitioner or take such other legal action as may be required.
20. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, User may contact manah sparsh's support team via online chat: https://www.manah sparsh.org/consult/direct/chat-support.
21. 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.
22. The Practitioner understands that manah sparsh makes no promise or guarantee for any uninterrupted communication and the Practitioner shall not hold manah sparsh 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 manah sparsh
23. The Practitioner understands that manah sparsh makes no promise or guarantee for the number of consultations that will be allocated to a Practitioner on the Consult platform. The consultations allocated to a Practitioner will depend upon various factors, which inter-alia includes, Consult response time, patient feedback and number of practitioners available, etc., It is the responsibility of the Practitioner to keep a track of their overall performance using the manah sparsh Pro application.
24. It shall be the responsibility of the Practitioner to ensure that the information provided by User is accurate and not incomplete and understand that manah sparsh shall not be liable for any errors in the information included in any communication between the Practitioner and User.
25. The Practitioner shall indemnify and hold harmless manah sparsh 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.

4. Refund policy for Patients:

1. User shall refrain from raising any personal queries or advise on the Consult platform which are not related to a specific disease / medicine. In the event the User raises any such personal queries or advice on the Consult platform, manah sparsh reserves the right to terminate the consultation of such Users and further, such Users will not be entitled to any refund.
2. Users are allowed a period of 24 Hours before the consultation to flag any consultation as inadequate, and request for reschedule. No refund requests shall be considered.
3. In all matters related to refund and settlement under this Agreement, manah sparsh shall decide so at its sole and absolute discretion after detailed review of the matter and taking into account all the involved parties’ information. The decision of manah sparsh shall be final in this regard.

5. Express Disclaimers:

Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Practitioner adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Practitioner listed on the Website or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, manah sparsh shall not be held liable.

Consult is a platform being made available to Users to assist them to obtain consultation from Practitioners and does not intend to replace the physical consultation with the Practitioner.

3. CONFIDENTIALITY

The Practitioner using the Consult platform, as the case may be, shall have the following confidentiality obligations:

1. Practitioner agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of manah sparsh, its affiliates, customers, employees, investors, contractors, vendors and suppliers (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, user engagement models and business methods. Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or in any other form, regarding manah sparsh’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to manah sparsh’s and/or its affiliates’ software products or derived from testing or other use thereof.
2. Practitioner shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
3. Practitioner agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of manah sparsh and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.
4. Upon request of manah sparsh or upon termination of the Agreement, Consultant shall promptly deliver to manah sparsh any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Practitioner.
5. Nothing in the Agreement will be construed as conveying to the Practitioner any right, title or interests or copyright in or to any Confidential Information of manah sparsh; or to convey any license as to use, sell, exploit, copy or further develop any such Confidential Information.
6. The confidentiality obligations of the Practitioner as mentioned herein will survive termination or expiration of the Agreement. manah sparsh has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
7. Any non-disclosure agreement signed between manah sparsh and the Practitioner will remain effective, provided that its duration shall be extended coterminous with the Agreement. If there is a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the most restrictive obligation will prevail.

4. CONFIDENTIALITY

Manah Sparsh is entitled to use the Practitioner’s name and logo, including trademarks (collectively, “Marks”) on the Website and manah sparsh’s marketing materials. manah sparsh will be permitted to issue press releases of any kind referencing the Practitioner and the Marks. However, the Practitioner shall seek a written permission from manah sparsh to participate in any press releases or for using trade names, trademarks, or service marks of manah sparsh in any of its advertisement, publicity, or promotion.

5. TERMINATION

Manah Sparsh (as the context warrants) reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:

• Practitioner breaches any terms and conditions of the Agreement or contravenes applicable laws; and
• A third-party reports violation of any of its right as a result of your use of the Services.

6. LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall manah sparsh, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (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 or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• provision of or failure to provide all or any Service by Practitioners to End- Users contacted or managed through the Website;
• any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
• any unauthorized access to or alteration of your transmissions or data; or
• any other matter relating to the Website or the Service.

In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed.

7. SEVERABILITY

If any provision of the Agreement is invalid as per applicable law, 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.

8. WAIVER

No 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 manah sparsh. Any consent by manah sparsh to, or a waiver by manah sparsh 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.

9. NO DISPARAGEMENT

Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other party, and neither party is authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Practitioner shall not make any public statement disparaging the other party’s brand, marks, products or services. Each party will retain all right, title and interest in and to its products, services, marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.

10. APPLICABLE LAW AND DISPUTE SETTLEMENT

The parties agree that this Agreement and any contractual obligation between manah sparsh and User will be governed by the laws of India.

The courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the Website or the Services or the information to which it gives access.