TERMS OF USE

The services extended by the Company shall include without limitation the following:

(together the "Services")

The Services extended by the Company through the Platform is available to any person who registers on the Platform in the manner provided herein. The Company has a centralized network of various specialists, experts and service providers in the field of oncology for providing healthcare services and support to cancer patients. User may book a physical or virtual appointment on the Platform through a lead form, for sharing of the User's medical reports in the manner requested or for taking diagnostic tests. Upon submission of the lead form, the Company's representatives will reach out to the User to understand their requirement and provide the necessary support to provide the Service requested. Upon receipt of the medical reports, the Company's team of experts shall review the same and issue an assessment with the list of oncologists and / or other specialized service providers such as treatment centers, clinics, hospitals, diagnostic labs etc. that the User may connect within the geographical area chosen by User to obtain the requisite medical support services. In the event the User has booked a diagnostic test, collection for which is to be undertaken at a hospital and upon receipt of the sample and/or the relevant information, as applicable, the reports shall be issued to the User within a reasonable time. Alternatively, please note that the User may book a diagnostic test, collection for which is to be undertaken at the User's residence, and upon receipt of the sample and/or the relevant information, as applicable, the reports shall be issued to the User within a reasonable time. Persons below the age of eighteen (18) shall not be entitled to use the Platform and/or the Services, unless such use is through the User account of a parent or legal guardian.

The Company has proprietary rights in the Platform and/or the Services and you may not copy or reproduce the Platform and/or the Services or any of its components in any manner. The Company also has rights to all trademarks and trade dress and specific layouts of every page of the website, including calls to action, text placement, images and other information.

You hereby expressly acknowledge and agree to be bound by the terms, policies and guidelines incorporated by reference in these Terms, including the Privacy Policy, as may be amended from time to time. We may, from time to time, release new features on the Platform, or introduce other services. Any such additions/ amendments will be subject to these Terms as well as any additional terms and conditions that we may release for those specific services or features.

We may update these Terms from time to time. The updated version will be indicated by an updated "Revised" date, and the updated version will be effective as soon as it is accessible. Apollo reserves the right to modify these Terms in any manner, from time to time, entirely at its own discretion, with or without any notification to you. Apollo shall be under no obligation to notify or intimate the implementation of any modifications to the Terms at any time. You are responsible for checking the Terms periodically to remain in compliance with these terms at all times. Your access to and use of the Platform after any amendment to the Terms shall constitute your deemed acceptance of such modified terms. We encourage you to review these Terms frequently to be informed of how we are protecting your information.

These Terms are published in compliance with, and is governed by the provisions of applicable Indian laws, including but limited to:

You are not obligated to register with Apollo in order to simply visit and view the Platform. However, to use the Services which are only available to Users who are registered on the Platform, the Users are required to register and create a password protected user account ("User Account"). User should ensure to provide their accurate and complete information when the User registers for the Services ("Registration Data"). The Users are responsible for the security of password credentials and for any use of their account.

The User is responsible for all activities that occur under his/her account and agrees to notify Apollo immediately of any unauthorized use of their User Account. Apollo is not responsible for any loss that User may incur as a result of any unauthorized person using the User Account or Registration Data.

By registering and creating your User Account on the Platform, you agree to:

By creating a User Account, you expressly consent to the use of: (a) electronic means to accept these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms and/or your use of the Services and the Platform.

Apollo reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion and may, with or without prior notice, suspend or terminate the User Account if activities occur on that User Account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. Apollo may at its sole discretion restore access to the User Account, at any time, pursuant to any suspension.

Apollo will reserve the right to set terms on who is eligible to create and manage an account to use any Services under its Platform. It also reserves the right to reject or revoke any account, at any time without liability. Apollo reserves the right to remove any content or information that is on the Platform at any point of time without any prior notice to the Users or the Healthcare Service Providers regarding the same.

It is your responsibility to keep your correct mobile number and email ID updated in the Platform. All reminders and notifications will be sent to the account associated with such mobile number and/or email ID. Apollo will not be responsible for any loss or inconvenience caused due to non-updation of your contact details.

The Service provided will generally be available to you except during Scheduled Downtime and force majeure events. For the purposes of these Terms, the term "Scheduled Downtime" means downtime that is scheduled by Apollo from time to time for the maintenance of the Platform and as intimated by Apollo on the Platform from time to time.

You are responsible for the payment of all fees incurred by you and any other amounts which may be due to Apollo as a result of your availing the Services. At no time will Apollo bill any third party payors for your availing the Services. The applicable fees are set forth on the Platform. You may pay your fees by credit card as a regular and automatically recurring payment by providing Apollo with your credit card information. You may not withhold payment due to Apollo for any reason, nor will you be entitled to a reduction in charges or any credit if the Platform or any of Apollo's Services are unavailable to you for any period of time. If you choose to pay your fees by direct debit, or by credit card, you authorize Apollo to increase the monthly payments in accordance with the then prevailing rates. If you fail to make a payment by the date such a payment is due, or if your credit card is declined, Apollo reserves the right to immediately freeze your availing the Services.

The Platform uses third party payment processors and gateways, etc.) for automated online electronic payments, collection and remittance facility for the payment by the User on the Platform, using the authorized banking infrastructure and credit card payment gateway networks ("Payment Processors"), to process the transactions made on the Platform. The Company is not liable in respect of any loss or damage arising directly or indirectly out of the decline of payment authorization for any transaction, for any failed transactions on account of the User having exceeded the preset limits mutually agreed by Us with the Payment Processors and/or individual banks from time to time and/or the User's individual bank's preset limits or any for any other reason not directly or indirectly attributable to Apollo. In the event of a failed transaction, the amount (if debited from a User Account) will be refunded to the User Account as per the corresponding payment gateway's refund policy. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. The User further agrees and acknowledges that neither Apollo nor any of its directors, employees, shareholders or other representatives shall be liable to the User under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Payment Processors.

Prices are solely decided by Apollo and the User is not eligible to change the price or determine the price mentioned on the Platform. You are responsible for paying all the applicable taxes.

The User maybe prompted for additional verification details including provision of Permanent Account Number for authorizing transactions vide the Platform. The User represents and warrants that any credit or payment information it supplies is true, accurate and complete in all respects. In the event the User commits a breach in respect thereof, Apollo reserves its right to either suspend/terminate the Services with immediate effect or terminate User's access to the Platform.

Apollo shall not be liable in any manner whatsoever and You shall indemnify Apollo, if incorrect or inaccurate credit / debit card details are provided by you for making the payment or you use a credit/ debit card which is not lawfully owned by you or if you permit a third party to use your password or other means to access your User Account.

In addition to providing the Services as stated above, the Platform may also offer other information related to the Services either directly or through indirectly through links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Platform. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform may violate intellectual property rights of other parties. You shall use the content on this Platform only for personal, non-commercial use. Any links to third-party websites that are provided on the Platform are for convenience and does not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.

The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.

By using this Platform, you are granted a limited, terminable, non-exclusive, non-transferable and non-sub-licensable right to use the Platform, the Services, and its respective content and materials in a lawful manner, subject to the Terms. Your access and use of the Platform and Services shall also be subject to the following covenants, undertakings and agreement:

Apollo is required by applicable laws 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 foolproof. Further, Apollo may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints or grievances that You bring to the notice of Apollo. You hereby specifically authorize Apollo and all its representatives, consultants, service providers and agents to access Your medical information in such cases.

Please note that the Company is only an "intermediary" as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Platform. The Company does not have the ability to control User/User-generated content on the Platform. You are solely responsible for your interactions with other users and any content you post. The Company may monitor interactions between Users and remove any content from the Platform that it considers objectionable or inappropriate.

We may collect, use, develop, create, and commercialize data of Users based on Aggregated Data (collectively, "Blind Data"). Blind Data will be owned solely by us and may be used for any lawful business purpose, for research, studies, to provide insights and analytics, without a duty of accounting to You. User's names would not be attributed to the data. "Aggregated Data" means Your confidential information that is: (i) anonymized and not identifiable to any person or entity; (ii) combined with the data of other Users or additional data sources; and (iii) presented in a way which does not reveal Your identity.

As a visitor/User of the Platform, you agree to use careful, prudent, and good judgment when leaving feedback for other Users of the Platform. In the event the feedback violates these Terms, is inappropriate, racist, abusive, harassing, defamatory, libellous, obscene, illegal or deceptive or violates propriety or privacy of another user, Apollo, in its sole discretion, may take any of the following actions: (i) delete your feedback or any of your postings; and/or (ii) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Apollo's discretion, Apollo will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform.

You may contact Apollo regarding any inappropriate use of feedback via-email to the Grievance Redressal Officer (details of which are provided below).

Apollo does not and cannot review every posting made on the Platform. These Terms do not require Apollo to monitor, police or remove any postings or other information submitted by you or any other user and Apollo shall not be responsible for any ensuing liability.

All content included on the Platform, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software and any derivatives, improvements or modifications which ownership is attributable to Apollo or its licensors as the case maybe is the property of Apollo, its affiliates or other relevant third parties. By continuing to use the Platform you acknowledge that such material is protected by applicable Indian and international intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by Apollo.

Please note that your use of the Platform and the services shall be at your sole risk. The Platform is provided "as is" and on an "as available" basis. We give no warranty that the Platform will be free of defects and / or faults. To the maximum extent permitted by the applicable laws, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, infringement of third party rights with respect to the contents of the Platform, compatibility and satisfactory quality or any reliance upon or use of the Platform contents or the Services.

No part of the Platform is intended to constitute advice and the Content of the Platform should not be relied upon when making any decisions or taking any action of any kind.

Whilst Apollo uses reasonable endeavours to ensure that the Platform is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their Devices.

Apollo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform and/ or the Services (or any part thereof) with or without notice and in its sole discretion. You agree that Apollo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform and/or the Services.

Apollo shall not be liable to You for any delay or failure in performance of the Services arising out of a Force Majeure Event.

The User acknowledges that Apollo does not control the transfer of data over the communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communication facilities. Apollo shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any platform that arise from the User's content or third party content.

We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the Users and the third party sites, including, but not limited to, any User's reliance upon any information provided therein. The third party sites and us are independent contractors and neither party has authority to make any representations, warranties or commitments on behalf of the other. In the event of any conflict between these Terms and any of the terms, conditions and notices contained in any third party sites, the contents of these Terms shall prevail.

We are not responsible for the content, accuracy or opinions expressed in any third party sites, and such third party sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third party sites on Our Platform does not imply approval or endorsement of the third party sites by us.

We reserve the right to modify or remove any content from the Platform, which in our reasonable opinion and discretion, does not comply with the above Terms, or if any content is posted that we believe is not in our best interest.

Your availing of the Services is voluntary, and you understand and agree that the Platform and/or the Services are limited to the provision of consultative services with respect to your known or previously-identified condition You will be the ultimate decisionmaker over your care. You should never delay or avoid seeking medical advice or attention from your regular health care provider because of something you have learned through availing the Services.
SHOULD ANY UNEXPECTED MEDICAL EVENT OCCUR WHILE YOU ARE AVAILING THE SERVICES, IMMEDIATELY CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER OR IMMEDIATELY VISIT YOUR LOCAL EMERGENCY ROOM.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR OF ANY OTHER PLATFORMS REFERENCED OR LINKED TO FROM THE PLATFORM. THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF APPOINTMENTS AND PAYMENT OF CONSULTATION FEES.

Further, the Company makes no warranty:

The Services availed by you from an oncologist or medical practitioner via the Platform are provided to You by the oncologist or medical practitioner you select, and not by Apollo. The limitation of liability specified in this section also applies to any Services availed by You from any third-party seller of services listed on the Platform.

The Platform only facilitates communications between You and the oncologist or medical practitioner and as such Apollo bears no responsibility for the quality and outcome of any such Services obtained by You from the respective oncologist or medical practitioner, to the extent permitted by applicable law.

Apollo itself does not provide any medical consultation or diagnostic services. If You receive any medical advice/investigation reports from an oncologist or medical practitioner you have contacted through the Platform, You are responsible for assessing such advice, and reports the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the oncologist's or medical practitioner's instructions.

In the event that Apollo markets or promotes any Services to You, please note that such Services will be provided by the relevant oncologist or medical practitioner, and You are responsible for undertaking an assessment regarding the suitability of such Services and such oncologists or medical practitioners for Your purposes. Marketing or promotion of Services should be considered as being for informational purposes only, and does not constitute expert advice on the suitability of such services for Your specific healthcare needs.

The Services provided through the Platform is not intended in any way to be a substitute for face- to -face consultation with a doctor. Apollo advices the Users to make an independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.

In no event will Apollo, its licensors, partners, consultants, suppliers, employees and agents be liable to you for any incidental, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including, without limitation, damages for health-related issues, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation, or liabilities to third parties arising from any source, whether based on warranty, contract, tort or any other legal theory, and whether or not Apollo has been advised of the possibility of such damages.

By entering into these Terms, you hereby waive and release Apollo from any injury, including any bodily injury that may be caused by you availing the Services, including any claims for intentional misconduct, negligence or gross negligence. You hereby acknowledge your full understanding and willingness to accept any risks associated with your participation and waive Apollo from liability in relation to the Services.

Apollo or anyone else involved in administering, distributing or providing the Platform and/or Services further explicitly disclaim any and all liability for any of the following:

In no event shall Apollo or anyone else involved in administering, distributing or providing the Platform and/or Services be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the money charged by Apollo from the User under which such liability has arisen and been established.

Apollo shall not be held liable for any opinions, information, reviews or comments posted by any User on the Platform.

Every effort has been made to ensure that these terms and conditions adhere strictly with applicable laws. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.

You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under these Terms; (b) use or misuse by you of the Platform and/or its content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Platform; or (e) non-compliance of any applicable law or regulation; (f) any and all third-party claims based upon (i) the content of any communications transmitted by you; and/or (ii) transactions undertaken by You; through the Platform; (g) failure to follow doctor's advice/prescription by You;.

Please refer to the Platform Privacy Policy at privacy-policy incorporated by reference herein, for information on the policy of the Company with respect to personal and sensitive information that is provided by the Users to the Platform.

Although the Platform may be accessible worldwide, the Company makes no representation that materials on the Platform are appropriate or available for use in locations outside India or that the Platform complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Platform from territories where the content of the Platform and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Platform from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. If you are a user accessing the Platform and the Services from the United States of America, European Union, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through your continued participation in the usage or accessing of the Platform and the Services, which is governed by Indian law, you are transferring your personal information to India, and you consent to that transfer and to the collection and usage of your personal information in accordance with the laws of the Republic of India. Any offer for any Service, and/or information made in connection with the Platform is void where prohibited.

These Terms will continue to apply until terminated by either you or us, as set forth below.

You have the right to terminate these Terms and you availing the Services at any time. To cancel availing the Services, you must contact us. Availing of the Services by you and these Terms will terminate thirty (30) days after we receive your cancellation request. You may remain liable for any fees and charges that may apply.

We may at our sole discretion and at any time with or without notice, terminate or suspend the Terms (and availing of the Services), with or without cause if:

Apollo shall not be liable to you or any third party for any such termination.

Once your User Account has been terminated, any and all content will be irretrievably deleted by us, except to the extent that we are obliged to maintain or permitted to retain in accordance with applicable laws. Your transactions details may be preserved by us for purposes of tax or regulatory compliance.

The licences granted to you in terms of these Terms shall stand terminated effective immediately.

We may, in our sole discretion, initiate appropriate legal proceedings against you, if necessary.

Termination shall not affect your liability or obligations arising prior to such termination and any and all amounts and charges payable by you pursuant to access or use of the Platform and/or Services shall become immediately due and payable.

In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.

These Terms together with the Privacy Policy, and any other specific terms as may be set forth in the Platform shall constitute the entire agreement between you and us.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under applicable laws.

The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott or such other events beyond the reasonable control of the Company. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform and the provision of the Services.

A delay or failure by the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

All notices given by a User to the Company shall be in writing and in the English language, at help@onco.com

These Terms is governed by the provisions of Indian law and Courts in Chennai, India shall have exclusive jurisdiction.