TERMS OF USE

Orbi Health Private Limited ( "Orbi Health" or "we" or "Our") is the author,publisher and owner of the internet resourceat www.eka.care with any subdomain thereof, mobile/tablet/console applications or other present or futureelectronic modes ( "Portal"). By accessing, viewing or using the Portal or any ofthe content on the Portal, you indicate that you understand and intend theseterms of use ( "Terms of Use") to be the legal equivalent of a signed, bindingwritten contract, and that you accept such Terms of Use and agree to be legallybound by them. If you do not agree with the Terms of Use, you are not grantedpermission to use the Site and should exit immediately.Further, by impliedly orexpressly accepting these Terms of Use, you also accept and agree to be boundby Our policies, including the Privacy Policy, and such other rules, guidelines,policies, terms and conditions as are relevant under the applicable law(s) in Indiafor the purposes of accessing, browsing or transacting on the Portal, or availingany of the Services, and such rules, guidelines, policies, terms and conditionsshall be deemed to be incorporated into, and considered as part and parcel ofthese Terms of Use.

The Portal is a platform that inter alia facilitates the provision of "Services"(asdescribed in Paragraph 1 below and shall include such other services that maybe made available on the Platform in future). The access and use of the Portal byusers/visitors ( "User(s)" or "you" or "your" or"yourself") for availing theServices inter alia by (i) Orbi Health, and/or (ii) third party diagnostic servicesproviders ("Third Party Labs"); and/or (iii) third party doctor(s), medicalconsultancy service providers, other medical and healthcare professionals orinstitutions ( "Medical Experts"), shall be governed in accordance with theseTerms of Use read along with the privacy policy set out at eka.care/privacy(together referred to as "Agreement"). The Third Party Labs and MedicalExperts are collectively referred to as the "Third Party Service Providers".

The Users may freely browse through the Portal, however in order to avail theServices, Users would be required to register on the Portal. By accessing thePortal, registering or any other means of usage herein, the User shall be deemedto have read and agreed to these terms of Agreement without requiring anyother express, implied or other consent requirement in writing or otherwise.

Orbi Health reserves the right to add, modify, amend, cancel, limit, vary orchange, either wholly, or in part, at any point in time, the Agreement, withoutprior notice. Further, Orbi Health reserves the right to withdraw, suspend, alter,modify, change or vary the Portal, the Portal features, the Portal content,Services or parts thereof, at its sole discretion, without prior notice. Allmodifications / amendments to the Agreement will be posted on the Portal andwill become effective immediately upon such posting on the Portal. Yourcontinued use of the Portal after such change or modification shall be deemed tobe your agreement to the revised/modified Agreement. Please review theseTerms of Use and Privacy Policy regularly to remain informed of any change. Ifyou do not agree to the Agreement, please discontinue using this Portalimmediately

  1. SERVICES

    The below mentioned Services are facilitated by Orbi Health and/or madeavailable for Users of Platform. The Services are governed by the terms mentioned below in addition to the other terms of the Agreement and assuch shall not deem to have an overriding effect over the other terms of theAgreement and shall not be interpreted in derogation to the other terms ofthis Agreement.

    1. PRIVATE & SECURE HEALTH VAULT SERVICE
      1. User may use the this service to manage all medical cases,appointments, and other medical records and map a digital overviewof User’s medical journey. User agrees that by usage of this Service,Portal may receive User's medical records including User's diagnostic& other lab reports and doctor prescriptions from both Third PartyService Providers and/or directly from the User(s).
      2. The accuracy, integrity and the completeness of the informationprovided in the Health Vault depend on the information provided byUser or the User authorised Third Party Service Provider. Portal ismerely facilitator communicating or storing information and does notin any manner alter the information uploaded on the said Health Vault.Orbi Health shall in no event be liable for any losses or injuriessuffered by User or arising out of any actions or omissions made byUser or any other person including a Third Party Service Providerrelying on the information provided in the Health Vault.
    2. CONSULTATION SERVICES
      1. The Portal facilitates video/tele/e-consultation services by providingUser access to and enabling interaction with Medical Experts.
      2. While We take reasonable efforts to ensure that relevant informationof Medical Experts such as their specialization, qualification, area ofpractice, experience, fees, location, visiting hours, etc. provided underthe Consultation Service is accurate and updated at frequent intervals,we shall not be liable for any inaccuracies or incompleteness of suchinformation or any direct or indirect losses or injuries caused onaccount of such inaccuracies or incompleteness.
      3. We make no guarantees, representations or warranties, whetherexpressed or implied, with respect to professional qualifications,quality of work/advice or expertise of the Medical Experts providingConsultation Services and shall in no event be liable for any claimspertaining to malpractice, negligence, deficiency of services on thepart of the Medical Expert.
      4. The Consultation Service is provided for medical ailments, disorder,diseases etc. which do not require any physical intervention of aMedical Expert or which do not constitute a medical emergency suchas accidents, bleeding injuries, burns, sexual abuse/assault etc. In caseYou required the physical attention or care of a Medical Expert or aresuffering a Medical emergency, You are urged not to use theConsultation Services. The use of the Consultation Services shall be atYour own judgement and perception, we shall not be, directly orindirectly, liable for any lapse Your judgement which may result in any injury or loss, nor shall we be liable for the use of the ConsultationServices in contravention of the terms mentioned in this Agreement.
      5. Consultation Service is provided at the express consent by the Userand the same shall not be construed as a replacement for physicalconsultation and are meant for general consultation only
      6. If on availing of Consultation Service on Portal, User has beenrecommended to undergo any diagnostic tests or is issued aPrescription, the same are provided based on the information andpreliminary examination, hence, the same shall not be treated asaccurate, final and conclusive.
      7. Any prescriptions made by the Medical Expert basis the ConsultationServices shall be at sole discretion of the Medical Expert and suchMedical Expert shall be solely responsible for making suchprescription. Orbi Health does not endorse any prescription nor does itdeal in medical drugs. The use of any medical drugs prescribed by theMedical Expert during the Consultation Service may be taken at theUser's own discretion and sole responsibility.
      8. By availing Consultation Services, User provides its consent to OrbiHealth for recoding, saving and storing for record purposes all suchConsultation Services availed through the Portal by User in the eventsuch records are required to be produced as evidence on the directionof a court of law. Orbi Health may review such data from time to timefor quality evaluation purposes. However, under normalcircumstances, Orbi Health will not access any information thatidentifies a User and shall either omit, mask or anonymize User'spersonal information at the time of quality evaluation.
    3. SELF ASSESSMENT TOOL
      1. Portal provides Users an artificial intelligence based self-medicalassessment tool which pursuant to the information provided by User ormade available to us based on the Information provided by You, aids inthe diagnosis of disease, illness, disorder or other medical condition.
      2. The recommendations of the self-assessment tool is meant only forproviding recommendations to the User on the possible diseases,disorders, illnesses etc. that User may possibly have basis theinformation on the symptoms provided by the User. The saidrecommendations are not to be taken as a substitute for propermedical professional attention or consultation.
      3. Owing to the complexity of medical-cases and the inherent limitationof technology, Orbi Health does not in any manner, directly orindirectly, assure or guarantee the detection of any underlyingdiseases, disorders, illnesses etc., nor shall Orbi Health be liable forthe omission of any possible result.
      4. Remedial suggestions, if any, made on the basis of the self-assessment report are not medical advice and do not act as prescription for medicinal drugs that are prescribed by a registeredpractitioner.
  2. ELIGIBILITY

    The User hereby represents and warrants thatyou:

    1. are at least 18 (Eighteen) years of age or above and are fully able andcompetent to understand and agree the terms, conditions, obligations,affirmations, representations, and warranties set forth in theAgreement;
    2. have the right, authority, and capacity to enter into and to fully abideby all of the terms and conditions of this Agreement, as far as age,jurisdiction, laws of land, etc. are concerned; and
    3. are not impersonating any other person and are using your actual identity;
    4. agree to comply with all applicable domestic and international laws,statutes, ordinances and regulations regarding your use of the Portalincluding Services.
  3. TERM AND TERMINATION

    This Agreement shall remain in full force and effect while you use theServices or are a User on the Portal. Orbi Health may terminate your useof/access to the Portal or the Services (either case, in whole or part), in itssole discretion, at any time, without warning or notice to you.

  4. REGISTRATION, USER PROFILE & PROVISION OF SERVICES
    1. Access to certain Services on the Portal, require completion of a simpleregistration process to create User profile. The registration and creation of aUser profile requires you to reveal your identity and/or other informationabout yourself, which will be governed by the Portal’s Privacy Policy.
    2. Users will have an option to register with Portal and create a personalprofile on the Portal ( "User Profile"), which may enable them to accessadditional sections on our Portal to and avail other Services. By accessingand/or completing the online registration process on the Portal and bycreating a User Profile, User confirms its acceptance of Agreement. OrbiHealth may, at its sole and absolute discretion, refuse to accept registrationapplications for the registration and creation of a User Profile.
    3. To create a User Profile, you may either:
      1. acknowledge and agree that you may be required to give informationabout yourself for your User Profile verification. In order to completeyour User Profile, you will be required to inter alia provide your fullname, email address, gender, mobile number(s), date of birth, currentcity/place of residence etc. Any information provided by you to usshould be complete and accurate to the best of your knowledge. Weare not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome orconsequence as a result of you providing incorrect information orconcealing any relevant information from us.
      2. You understand that it is your responsibility to protect certaininformation relating to your usage of the Portal including, but notlimited to, your username, password, email address, contact details,mobile number and OTP, if any. You are responsible for maintainingthe confidentiality of the password and User Profile, and are fullyresponsible for all activities that occur under your password or UserProfile
    4. By creating an account, you agree to
      1. receive certain communications in connection with Portal or Servicesincluding from or on behalf of the Third Party Service Providers; and
      2. receive Service related notifications in the form of SMS, email ormobile notifications.
    5. Orbi Health reserves the right to charge subscription and/or membershipfees from a User(s), by giving reasonable prior notice, in respect of anyproduct, service or any other aspect of the Portal anytime in future. TheServices may be subject to certain limitations, such as, limits on diskstorage space and, other limitations dependent on the Third Party ServiceProvider's engagement with Orbi Health.
    6. Orbi Health, Portal, the software, or the software application store thatmakes the software available for download on a device may includefunctionality to automatically check for updates or upgrades to thesoftware. Unless your device, its settings, or computer software does notpermit transmission or use of upgrades or updates, you agree that we, orthe applicable software or software application store, may provide notice toyou of the availability of such upgrades or updates and automatically pushsuch upgrade or update to your device or computer from time-to-time. Youmay be required to install certain upgrades or updates to the software inorder to continue to access or use the Portal or Services, or portions thereof(including upgrades or updates designed to correct issues with theServices). Any updates or upgrades provided to you by us shall beconsidered part of the Services.
    7. User acknowledges and agrees that (a) Services may be subject to certainlimitations, such as, limits on disk storage space and, other limitationsdependent on the Third Party Service Provider's engagement with OrbiHealth. The Services may be subject to certain limitations, such as, limits ondisk storage space and, other limitations dependent on the Third PartyService Provider's engagement with Orbi Health; and (b) if Orbi Healthdisables access to User account, User may be prevented from accessing thePortal or Services and that such User account details or any files or othercontent, which may be contained in such User account. Orbi Health alsoreserves right to deactivate the User account in case of any foul, abusive,inappropriate language used in the any functionality including reviews,comments, interaction with Orbi Health’s and/or Third Party ServiceProvider’s stakeholders.
    8. Orbi Health may also prescribe certain limits on the use of the Portal and/orServices or storage of User Content or Orbi Health Content at its solediscretion without any prior notice to you while at all times complying withthe Privacy Policy. In consideration for Orbi Health granting you access toand use of the Portal and Services, you agree that Orbi Health and its thirdparty providers and partners may place such advertising on the Services orin connection with the display of User Content or Orbi Health Content, orinformation from the Services, whether submitted by them or others.
  5. USER CONTENT
    1. For provision of Services, Orbi Health may allow the User to upload theirexisting medical records, maintain repository of reports received from ThirdParty Service Provider, text, files, images, photos, video, or any othermaterials and to inter alia enable the User to provide Third Party ServiceProvider rating/ feedback etc. (collectively, "User Content").
    2. The User and/or Third Party Service Providers undertake to share or allowsharing of User Content with Orbi Health at their own risk. Orbi Healthreserves the right to retain such information for the purpose of providingServices to the Users.
    3. Orbi Health reserves the right, in its sole and absolute discretion, todetermine whether User Content is appropriate; and to remove any UserContent, without notice or liability to you, which it determines to beinappropriate. Without limiting the generality of the foregoing, the followingis a partial list of the types of User Content that Orbi Health deems to beinappropriate:
      1. Content belonging to another person and to which a User does not have any right to;
      2. Content that infringes intellectual property of any party;
      3. Content that contains nudity, violence, or offensive subject matter orcontains a link to an adult website;
      4. Content that includes racially, ethically, or otherwise objectionablelanguage;
      5. Content that is libelous, defamatory, or otherwise tortious language;
      6. Content that contain any viruses, Trojan horses, worms, time bombs,cancelbots, easter eggs or other computer programming routines orexecutable files that may damage, detrimentally interfere with,surreptitiously intercept or expropriate any system, data or personalinformation of any person whatsoever; and
      7. Content that involves commercial activities and/or sales without OrbiHealth's prior written consent such as contests, sweepstakes, barter,advertising, or pyramid schemes.
  6. USER GUIDELINES
    1. In consideration of Orbi Health granting you a license to use the Portal, youhereby agree not to use the Portal for any purpose that is unlawful underany applicable laws and/or in violation of these Terms of Use and ourPrivacy Policy. You shall not use the Portal in any manner that coulddamage, disable, overburden, or impair any Orbi Health server, anynetwork(s) connected to any Orbi Health server, or interfere with any otherparty's use and enjoyment of the Portal. You shall not attempt to gainunauthorized access to any functions and features, other User accounts,computer systems or networks connected to any Orbi Health server, in anymanner, including, through hacking, password mining or any other unlawfulmeans. You shall not obtain or attempt to obtain any materials orinformation through any means which is not intentionally made availablethrough the Portal.
    2. You shall, directly or indirectly through third parties, not: (a) make and/ordistribute copies of the Portal; (b) attempt to copy, reproduce, alter, modifyand/or reverse engineer the Portal; and/or (c) create derivative works ofPortal.
    3. You accept that any and all operations emanating from your device shall beassumed to have been initiated by you.
    4. You shall request Orbi Health to disable your account and change thepassword immediately for the account, if your device (wherein Portalaccount may be signed in) has been lost or stolen.
    5. You are responsible for any and all activities that occur in your account. Youagree to notify Orbi Health immediately in the event of an unauthorized useof User account or any other form of security breach. Orbi Health shall notbe liable for any loss to you or your organization owing to negligent actionsor a failure on your part to inform Orbi Health, within a reasonable time,about loss or theft of your device and/or any unauthorized access in youraccount, either with or without your knowledge. Further, you shall not useany other person’s account at any time, without an express prior writtenpermission of the concerned account holder and Orbi Health.
    6. You shall be liable for losses incurred by Orbi Health or any other party dueto a third party’s use of your account.
    7. You shall ensure that, while using the functions and features of the Portal,all applicable laws, rules and regulations shall, at all times, be strictlycomplied with by you. Orbi Health shall not be liable in any mannerwhatsoever for default of any nature by you.
    8. You agree that the Portal may be linked to the website of third parties,affiliates and business partners and that Orbi Health has no control over,and not liable or responsible for content, accuracy, validity, reliability,quality of such websites or made available by/through the Portal. Inclusionof any link on the Portal does not imply that Orbi Health endorses the linkedwebsite. Other Parties may use the links and these services at their ownrisk.
    9. User agrees that certain Services on the Portal may require payment of feesuch as consultation fees. Orbi Health and/or Third Party Service Provider,as the case may be, reserves the right to revise Service charges at anytime, at their sole discretion. The charge, applicable at any given time, willbe the charge displayed at the time of using the respective Service.
  7. INTELLECTUAL PROPERTY
    1. You may not post, modify, distribute, or reproduce in any way anycopyrighted material, trademarks, or other proprietary informationbelonging to Orbi Health, Third Party Service Provider or others (includingwithout limitation unlicensed third party content) without obtaining the priorwritten consent of the owner of such copyrighted material, trademarks, orother proprietary information.
    2. If Orbi Health become aware that one of our users is a repeat copyrightinfringer, it is our policy to take reasonable steps within our power toterminate that User. Without limiting the foregoing, if you believe that yourwork has been copied and posted on the Services in a way that constitutescopyright infringement, please provide us with relevant documentary andother evidence and we will be happy to take corrective action accordingly.
  8. USER-THIRD PARTY SERVICE PROVIDER DISPUTES
    1. Users are solely responsible for their interactions with Third Party ServiceProvider. Orbi Health reserves the right, but has no obligation, to monitordisputes between you, other Users and/or Third Party Service Providers andto immediately terminate the privileges of any User.
    2. Portal, for provision of Services facilitates between the User and Third PartyService Provider and no associations or interactions that happen betweenthe User and Third Party Service Provider is the responsibility of OrbiHealth. Accordingly, Orbi Health shall not be responsible for the quality ofthe services rendered and the products supplied or payment due therefor.The same shall be availed of/rendered or procured/supplied on termsmutually agreed between the concerned User and Third Party ServiceProvider. In the event of any claims arising on account thereof, the soleremedy shall be against the concerned User and/or Third Party ServiceProvider and not Orbi Health
  9. DISCLAIMER OF WARRANTIES
    1. USER ACKNOWLEDGES AND AGREES THATTHE SERVICES ARE PROVIDEDON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND,EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND THAT USE OFSERVICES SHALL BE AT SOLE RISK OF USER. ORBI HEALTH, ANYSUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE AND AGENT( "ORBI HEALTH PARTIES") EXPRESSLY DISCLAIMS ANY AND ALL IMPLIEDOR EXPRESS WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW IN CONNECTION WITH THE SERVICES. NO ADVICE ORINFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEPORTAL OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLYSTATED IN THE TERMS OF USE.
    2. Without limiting the generality of the foregoing, Orbi Health makes nowarranty and will not be liable, in any manner whatsoever, for claimspertaining to malpractice, negligence, deficiency of Services on the part ofa Third Party Service Provider and/or such other claims pertaining to,including, without limitation: (a) quality, authenticity and availability of theservices and products; (b) delay in performance/delivery or non-performance/delivery of the services and products availed/procured; (c)injury, death and/or side effects caused due to the services and productsavailed/procured; (d) non-maintenance or any loss of any User Content(including health and medical records); (e) insurance and other relatedservices.
    3. You accept and acknowledge that Orbi Health does not verify any contentor information provided by or obtained from either the Users or Third PartyService Providers, and to fullest extent permitted by applicable law(s),disclaims all liability arising out of the Other Parties’ use or reliance uponthe Portal, the Services, data and reports by Third Party Service Providers,representations and warranties made by the other parties on the Portal orany opinion or suggestion given or expressed by Orbi Health or any ThirdParty Service Provider in relation to any Services provided by Orbi Health.
    4. Orbi Health is not responsible for the conduct, whether online or offline, ofany User of the Services or Third Party Service Provider. Orbi Healthassumes no responsibility for any error, omission, interruption, deletion,defect, delay in operation or transmission, communications line failure,theft or destruction or unauthorized access to, or alteration of, any Usercommunication or any User Content or Orbi Health Content or data fromany Third Party Service Provider.
    5. Under no circumstances shall Orbi Health be responsible for any loss ordamage, including personal injury or death, resulting from use of theServices, from any User Content or Orbi Health Content posted on orthrough the Services, or from the conduct of any Users of the Services orThird Party Service Provider, whether online or offline. Orbi Health cannotguarantee and does not promise any specific results from use of theServices.
    6. This Portal is controlled and operated from India and Orbi Health makes norepresentation that the content, information or materials made availableherein are appropriate or will be available for use in other locations. Accessand use of this Portal from outside India is entirely at your sole risk and youagree and undertake to be responsible for compliance with all applicablelocal laws and agree to release, discharge and absolve the Orbi HealthParties from any liability or loss in this respect.
    7. Orbi Health reserves the right to introduce and initiate new features,functionalities and components to the Portal and/or change, alter, modify,suspend, discontinue or remove the existing ones without any prior noticeto you. Further, Orbi Health is entitled to discontinue (either permanently ortemporarily) one or more of the Services provided or terminate the Portalwithout any prior notice to you.
  10. DISPUTES AND GOVERNING LAW
    1. In case of any dispute concerning or involving the Services, you agree thatthe dispute shall be governed by the laws of India and the Courts ofBangalore shall have exclusive jurisdiction to adjudicate all disputes.
    2. Notwithstanding anything to the contrary contained anywhere in theseTerms of Use, you agree that monetary damages may not be an adequateremedy for the losses that may be sustained by Orbi Health from a breachof the Terms of this Portal and accordingly, Orbi Health shall be entitled toseek an injunction, restraining order, right for recovery, suit for specificperformance or such other equitable relief as a court of competentjurisdiction may deem necessary or appropriate to restrain you fromcommitting any violation of these Terms of Use.
  11. FORCE MAJEURE

    Orbi Health and/or a User will not be in default, if its/his/her failure toperform anyobligations hereunder (other than any payment obligation) iscaused by supervening conditions beyond that party’s reasonable control,including without limitation acts of God, civil commotion, strikes, labourdisputes, internet service interruptions or slowdowns, vandalism or hackerattacks, or governmental demands or requirements.

  12. INFRINGEMENT NOTIFICATION
    1. If you believe in good faith that any Orbi Health content, User Content ormaterial posted or otherwise made accessible on this Portal, violates theseTerms of Use, or is prohibited or restricted by applicable laws, rules andregulations, or violates your proprietary rights, or is abusive or threatensand harms other users of this Portal, please compile the followinginformation and email it to:privacy@orbi.health and which email shallcontain at least the following information:
      1. a clear identification of the allegedly prohibited/unlawful/abusivematerial on the Portal (with specific URL reference);
      2. your contact details: name, address, e-mail address and phonenumber;
      3. in case of an alleged violation of proprietary rights (includingcopyright, trade-mark or privacy rights), a statement that you believe,in good faith, that use of proprietary material allegedly infringed onPortal is not authorized by you or your agent or law;
      4. a statement that you believe, in good faith, that such material isprohibited/unlawful/abusive; and
      5. a statement that the information provided in the notice is accurate,and under penalty of perjury and that the signatory is authorized toact on your behalf.
    2. The email notification provided by you under this clause shall be executedby your electronic signature or the electronic signature of the persondirectly affected by the violation of these Terms of Use.
    3. In such an event, Orbi Health may contact you for any further informationand reserves the right to determine, at its sole discretion, whether suchOrbi Health Content violates these Terms of Use or is otherwiseabusive/prohibited/unlawful, and may take such action it deemsappropriate. If you resort to any mala fide use of the notification process setout above, Orbi Health reserves the right to restrict your access to thePortal.
  13. INDEMNITY

    You agree to indemnify, defend and hold harmless Orbi Health, and anysubsidiary, affiliate, director, officer, employee and agent, from and againstany and all claims, damages (actual and/or consequential), actions,proceedings, demands, losses, liabilities, costs or expenses, including butnot limited to reasonable attorneys’ fees, made by any third party due to orarising out of your use of the Services in violation of this Agreement and/orarising from: (i) User Content; (ii) your use of and access to the Portal orServices; (iii) your violation of any term of these Terms of Use; (iv) yourviolation of any third party's or Third Party Service Provider's right,including without limitation any intellectual property right; or (v)yourunauthorized use of the Services. This defence and indemnificationobligation will survive these Terms of Use and your use of the Portal and/orthe Services.

  14. LIMITATION OF LIABILITY
    1. IN NO EVENT SHALL ORBI HEALTH BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE,DATA OR PROFITS(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANYLOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY OTHERINTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,ORBI HEALTH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER ANDREGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITEDTO THE AMOUNT PAID, IF ANY, BY YOU TO ORBI HEALTH (IN THE FORM OFCOMMISSION AS MARKETPLACE) FOR THE SERVICES DURING THE TERM OFYOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THEFULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGETHAT ORBI HEALTH SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANYDEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTYAND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTSENTIRELY WITH YOU.
  15. INFORMATION GATHERED AND TRACKED
    1. By accessing this Portal, you hereby agree and understand that yourinternet protocol ( "IP") address, device used to access the Portal and otherdemographics will be logged and recorded. If you choose to register andcreate a User Profile on our Portal, we will collect and store such information(including personal information) as specified above. All informationcollected from you, including information submitted for the registration of a User profile, is subject to our Privacy Policy. We may collect furtherinformation from you if you wish to receive certain Services available on ourPortal, which information will be requested for at the time you choose toavail of such Services. We guarantee that personal information about Userswill not be provided to any third party without consent from the informationsource including consent from the relevant User and/or the Third PartyService Provider.
    2. Orbi Health may disclose or transfer User Content to its affiliates includingin other countries, and You hereby consent to such transfer. In line withapplicable laws, Orbi Health is permitted only to transfer sensitive personaldata or information including any information, to any other body corporateor a person in India, or located in any other country, that ensures the samelevel of data protection that is adhered to by Orbi Health, only if suchtransfer is necessary for the performance of the lawful contract betweenOrbi Health or any person on its behalf and the user or where the User hasconsented to data transfer.
    3. The Portal has a Privacy Policy disclosing what information we collect aboutUsers, how we use such information, the steps we take to secure suchinformation, how you can view and correct such information, and how youcan decline to have information about you collected or used. This statementis incorporated by reference, as if set forth fully herein.
  16. SERVICE LEVELS

    The Portal will achieve System Availability of at least 99% during eachcalendar year. For the purpose of these Terms of Use, "System Availability"means the number of minutes in a year that the key components of thePortal are operational as a percentage of the total number of minutes insuch year, excluding downtime resulting from (a) scheduled maintenance,(b) events of force majeure,(c) malicious attacks on the system, (d) issuesassociated with the User’s computing devices, local area networks orinternet service provider connections, or (e) inability to deliver servicesbecause of acts or omissions of User. Orbi Health reserves the right to takethe Portal offline for scheduled maintenance for which User(s) would beprovided reasonable notice and Orbi Health reserves the right to change itsmaintenance window upon prior notice to User(s).

  17. WAIVER AND SEVERABILITY OF TERMS

    The failure of Orbi Health to exercise or enforce any right or provision of thisAgreement shall not constitute a waiver of such right or provision. If anyprovision of this Agreement is found by a court of competent jurisdiction tobe invalid, the parties nevertheless agree that the court should endeavourto give effect to the parties’ intentions as reflected in the provision, and theother provisions of this Agreement remain in full force and effect.

  18. ASSIGNMENT

    You may not assign your rights and obligations under these Terms of Usewithout the prior written consent of Orbi Health. Orbi Health may assign itsrights and obligations to a third party upon issuing written notification viaan announcement on the Portal.

  19. CONTACT US

    Please feel free to contact us in case of any queries, grievances or to reportany abuse or violations of these Terms of Use, by emailing at privacy@orbi.health /support@eka.care.

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