Gontus, Inc. Terms and Conditions

Gontus, Inc. (“Gontus, Inc.”) is the author and publisher of the internet resource www.Gontus.com and the mobile application ‘Gontus’ (together, “Website”). Gontus, Inc. owns and operates the services provided through the Website.

1.NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.gontus.com/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Gontus, Inc. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Gontus, Inc. in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

A medical Service Providers or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such Service Providers or institutions (“Service Providers(s)”, “you” or “User”); or

A patient, his/her representatives or affiliates, searching for Service Providers through the Website (“End-User”, “you” or “User”); or

Otherwise a user of the Website (“you” or “User”).

This Agreement applies to those services made available by Gontus, Inc. on the Website, which are offered free of charge to the Users (“Services”), including the following:

For Service Providers: Listing of Service Providers and their profiles and contact details, to be made available to the other Users and visitors to the Website;

For other Users: Facility to (i) create and maintain ‘Health Accounts’, (ii) search for Service Providers by name, specialty, and geographical area, or any other criteria that may be developed and made available by Gontus, Inc., and (iii) to make appointments with Service Providers.

The Services may change from time to time, at the sole discretion of Gontus, Inc., and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Gontus.com.

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve 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 use of the Website 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 availing 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.

Your access to use of the Website and the Services will be solely at the discretion of Gontus, Inc..

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

the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

2.CONDITIONS OF USE

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Gontus, Inc. that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN SERVICE PROVIDER

The terms in this Clause 3 are applicable only to Users other than Service Providers.

3.1END-USER ACCOUNT AND DATA PRIVACY

3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

3.1.2 Gontus, Inc. may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Gontus, Inc.’s services and to build new services.

3.1.3 The Website allows Gontus, Inc. to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Service Providers and their practice.

3.1.4 The Privacy Policy sets out, inter-alia:

The type of information collected from Users, including sensitive personal data or information;

The purpose, means and modes of usage of such information;

How and to whom Gontus, Inc. will disclose such information; and,

Other information mandated by the SPI Rules.

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

the fact that certain information is being collected;

the purpose for which the information is being collected;

the intended recipients of the information;

the nature of collection and retention of the information; and

the name and address of the agency that is collecting the information and the agency that will retain the information; and

the various rights available to such Users in respect of such information.

3.1.6 Gontus, Inc. shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Gontus, Inc. or to any other person acting on behalf of Gontus, Inc..

3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Gontus, Inc. of any actual or suspected unauthorized use of the User’s account or password. Although Gontus, Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Gontus, Inc. or such other parties as the case may be, due to any unauthorized use of your account.

3.1.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Gontus, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gontus, Inc. has the right to discontinue the Services to the User at its sole discretion.

3.1.9Gontus, Inc. may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

3.1.10Against every Service Providers listed in Gontus, Inc..com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Gontus, Inc., and the records of such calls are recorded and stored in Gontus, Inc.’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Gontus, Inc. should be used only for appointment and booking purposes, and not for consultation on health-related issues. Gontus, Inc. accepts no liability if the call facility is not used in accordance with the foregoing.

3.2RELEVANCE ALGORITHM

Gontus, Inc.’s relevance algorithm for the Service Providers is a fully automated system that lists the Service Provider, their profile and information regarding their Practice on its Website. These listings of Service Provider do not represent any fixed objective ranking or endorsement by Gontus, Inc.. Gontus, Inc. will not be liable for any change in the relevance of the Service Provider on search results, which may take place from time to time. The listing of Service Provider will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Gontus, Inc. in no event will be held responsible for the accuracy and the relevancy of the listing order of the Service Provider on the Website.

3.3LISTING CONTENT AND DISSEMINATING INFORMATION

3.3.1Gontus, Inc. collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Service Provider listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Gontus, Inc. takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Gontus, Inc. screens and vets the information and photos submitted by the Service Provider, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2The Services provided by Gontus, Inc. or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Gontus, Inc. does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Gontus, Inc. does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Gontus, Inc. disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Gontus, Inc. or any User in relation to any User or services provided by such User.

3.3.3The Website may be linked to the website of third parties, affiliates and business partners. Gontus, Inc. has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Gontus, Inc. endorses the linked site. User may use the links and these services at User’s own risk.

3.3.4Gontus, Inc. assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

3.3.5If Gontus, Inc. determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Gontus, Inc. reserves the right to immediately suspend your access to the Website or any of your accounts with Gontus, Inc. and makes such declaration on the website alongside your name/your clinic’s name as determined by Gontus, Inc. for the protection of its business and in the interests of Users. You shall be liable to indemnify Gontus, Inc. for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Gontus, Inc. or its Users.

3.4APPOINTMENT BOOKING AND INTERACTION WITH SERVICE PROVIDER

3.4.1While Gontus, Inc. will try to ensure a confirmed appointment for an End-User who requested an appointment on Website, Gontus, Inc. does not guarantee that a patient will get a confirmed appointment. Further, Gontus, Inc. has no liability if such appointment is confirmed but later cancelled by Practices or Service Provider, or the Service Provider are not available as per the given appointment time.

3.4.2Gontus, Inc. provides value added telephonic services which connects Users directly to the Service Provider and the information exchanged between the User and the Service Provider is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User, to avail the Service. If a User has used the telephony service, Gontus, Inc. reserves the right to share the contact details of the User with the Service Provider contacted.

3.4.3You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold Gontus, Inc. responsible for any such interactions and associated issues. For avoidance of doubt, Gontus, Inc. is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Service Providers you interact with, pursuant to any interactions on the Website. If you decide to engage with a Service Providers to provide medical services to you, you do so at your own risk. The results of any search you perform on the Website for Service Provider should not be construed as an endorsement by Gontus, Inc. of any such particular Service Providers. Gontus, Inc. shall not be responsible for any breach of service or service deficiency by any Service Providers. We cannot assure nor guarantee the ability or intent of the Service Providers(s) to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Service Providers.

3.4.4Payment and Cancellation Policy

In the event, the Service Provider with whom the appointment has been booked is not available in the Clinic/Hospital, the patient has to (a) cancel the current appointment or (b) consult another Service Provider with clinic's/hospital's consent. Cancellation of the appointment by the patient should be done one (1) hour prior to the time blocked for appointment. In such an event, the entire amount will be refunded to the patient with in 5-6 business days from the date of cancellation in accordance with the mode of refund proposed by the patient. In case a booking confirmation e-mail gets delayed due to technical reasons or as a result of incorrect e-mail ID provided by the user etc, an appointment would be considered as 'booked'. If the patient does not show up at the time of Appointment, Gontus, Inc. will refund the entire amount after approval from Clinic/Hospital with in 5-6 business days in accordance with the payment methods provided by the patient.

Gontus, Inc. shall not be liable for any refunds to the customer in the event the customer's booked slot/ time for an appointment has been delayed.

Any grievances and claims related to the appointment/ refund should be reported to Gontus, Inc. support team at support@Gontus.com within two (2) days of appointment date with the Service Provider.

3.4.5Without prejudice to the generality of the above, Gontus, Inc. will not be liable for:

any wrong medication or treatment quality being given by the Service Providers(s), or any medical negligence on part of the Service Providers(s);

any type of inconvenience suffered by the User due to a failure on the part of the Service Providers to provide agreed services or to make himself/herself available at the appointed time, no show by the Service Providers, inappropriate treatment, or similar difficulties;

any misconduct or inappropriate behaviour by the Service Providers or the Service Provider’s staff;

cancellation or rescheduling of booked appointment or any variance in the fees charged;

any medical eventualities that might occur subsequent to using the services of a Service Providers, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

3.4.6Further, Gontus, Inc. shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at Gontus, Inc.’s sole discretion and may be modified or withdrawn at its sole discretion. Gontus, Inc. may moderate such feedback at any time. Gontus, Inc. shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Service Providers from the Website.

3.4.7Online Appointment Booking facility is governed by Terms of Service listed in schedule 3.

3.5NO SERVICE PROVIDER-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

3.5.1Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Gontus, Inc. and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified Service Providers.

3.5.2It is hereby expressly clarified that, the Information that you obtain or receive from Gontus, Inc., and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.

3.6GONTUS, INC. CONSULT

3.6.1Gontus, Inc. Consult is a feature on the application that enables Service Provider and patients to connect with each other through: 'Consult Basic' model, 'Consult Direct' model, and 'Consult Followup' model:

The Basic Consult model: Enables Users to connect with Service Provider by posting health related queries on the application, which will be visible on the public web portal or app. Service Provider can respond to such queries using a special software application provided to Service Provider by Gontus, Inc.. The public queries posted by the Users are sent to multiple Service Provider, chosen through a fully automated system. The automated system chooses Service Provider based on inter alia the information furnished by each Service Providers, the number of questions answered by the Service Providers and the rating or reviews procured by the Service Providers. Gontus, Inc. will not be responsible for the Service Provider chosen to respond to the queries.

The Consult Direct model: The User may post queries on their Health Accounts which will be only sent to the Service Providers that the User has chosen from the list made available to the User on the application.

The User can choose a particular Service Providers, post a private query for such Service Providers, the Service Providers may indicate the pre-consultation fee payable for the advice solicited and in such cases Gontus, Inc. shall provide the User an option to directly remit the amount to the Service Providers through the payment gateway option provided. Upon completion of payment, the Service Providers shall provide his/her response to the query. The amount paid to the Service Providers is non-refundable unless there has been an issue of non-compliance of applicable law/rules/regulations/guidelines or of the terms contained hereunder by the Service Providers, in which case investigation shall be undertaken and the amount will be refund, subject to the discretion of Gontus, Inc.. In any other cases, Gontus, Inc. shall not be liable to provide refund or be responsible for the nature of advice provided by the Service Providers.

Gontus, Inc. shall charge a platform fee on the Service Providers and/patient, which is a nominal amount, for the service being provided by Gontus, Inc.. The amount levied and payable by Service Providers shall appear, on the Service Providers’s account and the amount levied and payable by the patient, shall appear when the patient is making payment to the Service Providers, respectively.

The payment gateway option is being provided to the patients to make collection of payment easier. In case wrong bank account details are provided by Service Providers, Gontus, Inc. will not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, you could contact support@Gontus.com.

The Consult Follow-up Model Enables Users to follow-up with Service Provider whom they have already consulted offline.

Follow-up feature will only be available with Service Provider who have enabled the feature.

The maximum number of messages that User can send and the number of days for which Follow-up will be active for, will be set by the Service Providers.

Gontus, Inc. will send follow-up SMS reminder to User number which is provided by Service Providers, informing the User of Follow-up.

Gontus, Inc. is not liable, if for any reason the follow-up SMS messages are not delivered to the User(s), or are delivered late or not accessed, despite its best efforts. While Gontus, Inc. will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the follow-up SMS to the User(s), Gontus, Inc. makes no promise or guarantee for any uninterrupted SMS.

Gontus, Inc. is not responsible for verifying the accuracy or incompleteness of User details provided by Service Provider and shall not be liable for any errors in the same.

3.6.2Terms for Service Provider:

The Service Providers shall reply to the patient after receiving patient’s communication. In case of non-compliance with regard to reverting/ adhering to the applicable laws/rules/regulations/guidelines by the Service Providers, Gontus, Inc. has the right to show other available Service Provider to the patient or remove Service Provider from the platform/Gontus, Inc. application/site.

The Service Providers understands and agrees that, Gontus, Inc. shall at its sole discretion, at any time be entitled to, show other Service Provider available for consultation.

The Service Providers further understands that, there is a responsibility on the Service Providers to treat the patients on this model, as the Service Providers would have otherwise treated the patient on a physical one-on-one consultation model.

The Service Providers has the discretion to cancel any consultation at any point in time in cases where the Service Providers feels, it is beyond his/her expertise or his/her capacity to treat the patient. In such cases, patient has the option of choosing other Service Provider.

The Service Providers shall at all times ensure that all the applicable laws that govern the Service Providers shall be followed and utmost care shall be taken in terms of the consultation being rendered.

The Service Providers acknowledges that should Gontus, Inc. find the Service Providers to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then Gontus, Inc. shall be entitled to cancel the consultation with such patient or take such other legal action as may be required.

It is further understood by the Service Providers that the information that is disclosed by the patient at the time of consultation, shall be confidential in nature and subject to patient and Service Providers privilege.

The Service Providers shall ensure patient’s consent is obtained prior to uploading the prescription/health records of the patient on the account of the patient during such consultation.

3.6.3Terms for Patients:

The User hereby grants consent to Gontus, Inc. to feature the queries posted by the User on the Gontus, Inc. Basic model and agrees that any such information provided by the User will be subject to Gontus, Inc. Privacy Policy.

Gontus, Inc. Consult is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Service Providers adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the patient, to book an appointment for physical examination and in-person consultation whether the same is with the Service Providers listed hereunder or otherwise. In case of any negligence on the part of the patient in acting on the same and the condition of the patient deteriorates, Gontus, Inc. shall not be held liable. All the conditions prescribed in Section 3.5 of this Terms of Use shall apply to the Users.

The User understands and agrees that Gontus, Inc. Consult, is merely a consulting model, any interactions and associated issues with the Service Providers on Gontus, Inc. Consult including but not limited to the User’s health issues and/or the User’s experiences is strictly between the User and the Service Providers. The User shall not hold Gontus, Inc. responsible for any such interactions and associated issues.

As a User, you understand that, Gontus, Inc. is not a medical service provider, nor is it involved in providing any healthcare or medical advice or diagnosis, it shall hence not be responsible for any outcome from the consultation between the User and the Service Providers.

Gontus, Inc. Consult is a platform being made available to Users to assist them to obtain consultation from Service Provider and does not intend to replace the physical consultation with the Service Providers.

You understand that, your conversations with the Service Providers will be retained in our database as per the applicable laws.

If you decide to engage with a Service Providers to procure medical services to you, you shall do so at your own risk. Gontus, Inc. shall not be responsible for any breach of service or service deficiency by any Service Providers.

If you decide to use the payment gateway to make payments online, it is solely at your discretion. Should there be any issues with regard to the payment not reaching the respective Service Providers’s account, please reach out to support@Gontus.com.

Cancellations/Refunds: In case of patients, where the Service Providers has acted in contravention with any guidelines/applicable laws/rules/regulations, Gontus, Inc. shall provide complete refund to the patient, subject to investigation undertaken by Gontus, Inc.. However, where the cancellation is due to the abusive nature of the patient, such patient shall not be eligible for any refund and Gontus, Inc./Service Providers shall be entitled to take any legal action, depending upon the gravity of the matter.
Read More

3.7GONTUS, INC. WEB PORTAL OR APP

3.7.1Gontus, Inc. Web portal or app is an online content platform available on the website, wherein Service Provider who have created a Gontus, Inc. profile and Users who have created a health account can login and post health and wellness related content

3.7.2A User can use Gontus, Inc. Web portal or app by logging in from their health account, creating original content comprising text, audio, video, images, data or any combination of the same (“Content”), and uploading said Content to Gontus, Inc.’s servers. Gontus, Inc. will make available to the User a gallery of images licensed by Gontus, Inc. from a third party stock image provider (“Gontus, Inc. Gallery”). The User can upload their own images or choose an image from the Gontus, Inc. Gallery. Gontus, Inc. does not provide any warranty as to the ownership of the intellectual property in the Gontus, Inc. Gallery and the User acknowledges that the User will use the images from the Gontus, Inc. Gallery at their own risk. Gontus, Inc. shall post such Content to Gontus, Inc. Web portal or app at its own option and subject to these Terms and Conditions. The Content uploaded via Gontus, Inc. Web portal or app does not constitute medical advice and may not be construed as such by any person.

3.7.3The User acknowledges that they are the original authors and creators of any Content uploaded by them via Gontus, Inc. Web portal or app and that no Content uploaded by them would constitute infringement of the intellectual property rights of any other person. Gontus, Inc. reserves the right to remove any Content which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of any third party intellectual property right claim that may arise from the user’s uploading of any Content on Gontus, Inc. Web portal or app. The User may not use the images in the Gontus, Inc. Gallery for any purpose other than those directly related to the creation and uploading of Content to Gontus, Inc. Web portal or app. The User also agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of any third party intellectual property claim if the User downloads, copies or otherwise utilizes an image from the Gontus, Inc. Gallery for his/her personal or commercial gain.

3.7.4The user hereby assigns to Gontus, Inc., in perpetuity and worldwide, all intellectual property rights in any Content created by the User and uploaded by the User via Gontus, Inc. Web portal or app.

3.7.5Gontus, Inc. shall have the right to edit or remove the Content and any comments in such manner as it may deem Gontus, Inc. Web portal or app at any time.

3.7.6The User agrees not to upload Content which is defamatory, obscene or objectionable in nature and Gontus, Inc. reserves the right to remove any Content which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of any legal claim arising from the nature of the Content posted by the User on Gontus, Inc. Web portal or app.

3.7.7A User may also use Gontus, Inc. Web portal or app in order to view original content created by Service Provider and to create and upload comments on such Content, where allowed.

3.7.8User acknowledges that the Content on Gontus, Inc. Web portal or app reflects the views and opinions of the authors of such Content and do not necessarily reflect the views of Gontus, Inc..

3.7.9User agrees that the content they access on Gontus, Inc. Web portal or app does not in any way constitute medical advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the Content, is solely attributable to the user. The User agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of Content on Gontus, Inc. Web portal or app.

3.7.10The User acknowledges that all intellectual property rights in the Content on Gontus, Inc. Web portal or app vests with Gontus, Inc.. The User agrees not to infringe upon Gontus, Inc.’s intellectual property by copying or plagiarizing content on Gontus, Inc. Web portal or app. Gontus, Inc. reserves its right to initiate all necessary legal remedies available to them in case of such an infringement by the User. All comments created and uploaded by the User on Gontus, Inc. Web portal or app will be the sole intellectual property of Gontus, Inc.. The User agrees not to post any comments on Gontus, Inc. Web portal or app that violate the intellectual property of any other person. Gontus, Inc. reserves the right to remove any comments which it may determine at its own discretion as violating the intellectual property rights of any other person. The User agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of any third party intellectual property right claim that may arise from the User’s uploading of any comment on Gontus, Inc. Web portal or app.

3.7.11User agrees not to post any comments which are defamatory, obscene, objectionable or in nature and Gontus, Inc. reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The User agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of any legal claim arising from the nature of the comments posted by the User on Gontus, Inc. Web portal or app.

3.8CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

3.8.1The contents listed on the Website are (i) User generated content, or (ii) belong to Gontus, Inc. The information that is collected by Gontus, Inc. directly or indirectly from the End- Users and the Service Provider shall belong to Gontus, Inc. Copying of the copyrighted content published by Gontus, Inc. on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Gontus, Inc. reserves its rights under applicable law accordingly.

3.8.2Gontus, Inc. authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Gontus, Inc. Content"), are the property of Gontus, Inc. and are protected under copyright, trademark and other laws. User shall not modify the Gontus, Inc. Content or reproduce, display, publicly perform, distribute, or otherwise use the Gontus, Inc. Content in any way for any public or commercial purpose or for personal gain.

3.8.3User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

3.9REVIEWS AND FEEDBACK

By using this Website, you agree that any information shared by you with Gontus, Inc. or with any Service Providers will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Service Provider or other healthcare professionals. The role of Gontus, Inc. in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Gontus, Inc. disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Gontus, Inc. shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Gontus, Inc., at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Gontus, Inc. may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

Obtaining feedback in relation to Website or Gontus, Inc.’s services; and/or

Obtaining feedback in relation to any Service Provider listed on the Website; and/or

Resolving any complaints, information, or queries by Service Provider regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by Gontus, Inc.. Gontus, Inc.’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

3.10RECORDS

Gontus, Inc. may provide End-Users with a free facility known as ‘Records’ on its mobile application ‘Gontus, Inc.’. Information available in your Records is of two types:

User-created: Information uploaded by you or information generated during your interaction with Gontus, Inc. ecosystem, eg: appointment, medicine order placed by you.

Practice-created: Health Records generated by your interaction with a Service Providers who uses ‘Gontus, Inc. Ray’ or other Services of Gontus, Inc. software.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

3.10.1Your Records is only created after you have signed up and explicitly accepted these Terms.

3.10.2Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Service Providers and Gontus, Inc. does not validate the said information and makes no representation in connection therewith. You should contact the relevant Service Providers in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

3.10.3The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Gontus, Inc. is not liable for any interruption that may be caused to your access of the Services.

3.10.4The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Service Providers. In the event of any medicine reminders provided by Gontus, Inc., you should refer to your prescription before taking any medicines. Gontus, Inc. is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Gontus, Inc. app.

3.10.5It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Gontus, Inc. is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Gontus, Inc.

3.10.6Gontus, Inc. uses industry–level security and encryption to your Health Records. However, Gontus, Inc. does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Gontus, Inc. of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@Gontus.com.

3.10.7If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Gontus, Inc. assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Gontus, Inc. and its officers against any such claim or liability arising out of unauthorized use of such information.

3.10.8In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Service Provider will continue to be stored in their respective accounts.

3.10.9You may lose your “User created” record, if the data is not synced with the server.

3.10.10If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.

3.10.11Gontus, Inc. is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

3.10.12The Health Records are shared with the phone numbers that are provided by your Service Providers. Gontus, Inc. is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Service Providers.

3.10.13Gontus, Inc. is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Service Providers is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

3.10.14Gontus, Inc. has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

3.10.15Gontus, Inc. will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

3.10.16You agree and acknowledge that Gontus, Inc. may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

3.10.17You acknowledge that the Service Provider you are visiting may engage Gontus, Inc.'s software or third party software for the purposes of the functioning of the Service Providers’s business and Gontus, Inc.'s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws.

3.10.18To the extent that your Records have been shared with Gontus, Inc. or stored on any of the Gontus, Inc. products used by Service Providers’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Gontus, Inc. pertaining to such previously visited clinics and hospitals who have tie ups with Gontus, Inc. for the purposes of their business and for Gontus, Inc.'s services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Gontus, Inc., to the mapping of such Records as may be available in Gontus, Inc.’s database to your User account.

4. TERMS OF USE SERVICE PROVIDER

The terms in this Clause 4 are applicable only to Service Provider.

4.1 LISTING POLICY

4.1.1Gontus, Inc., directly and indirectly, collects information regarding the Service Provider’ profiles, contact details, and practice. Gontus, Inc. reserves the right to take down any Service Providers’s profile as well as the right to display the profile of the Service Provider, with or without notice to the concerned Service Providers. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Gontus, Inc. immediately to enable Gontus, Inc. to make the necessary amendments.

4.1.2Gontus, Inc. shall not be liable and responsible for the ranking of the Service Provider on external websites and search engines

4.1.3Gontus, Inc. shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by Gontus, Inc., where the User has expressly or implicitly consented to the making of disclosures or publications by Gontus, Inc.. If the User had revoked such consent under the terms of the Privacy Policy, then Gontus, Inc. shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by Gontus, Inc. prior to its actual receipt of such revocation.

4.1.4Gontus, Inc. reserves the right to moderate the suggestions made by the Service Provider through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, Gontus, Inc. shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Service Provider are added to the Website.

4.1.5Service Provider explicitly agree that Gontus, Inc. reserves the right to publish the Content provided by Service Provider to a third party including content platforms.

4.1.6When you are listed on Gontus, Inc..com, End-Users may see a ‘show number’ option. When End-Users choose this option, they choose to call your number through a free telephony service provided by Gontus, Inc., and the records of such calls are recorded and stored in Gontus, Inc.’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by Gontus, Inc. should be used only for appointment and booking purposes, and not for consultation on health-related issues. Gontus, Inc. accepts no liability if the call facility is not used in accordance with the foregoing.

4.1.7You as a Service Providers hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Gontus, Inc. accepts no liability for the same.

4.2PROFILE OWNERSHIP AND EDITING RIGHTS

Gontus, Inc. ensures easy access to the Service Provider by providing a tool to update your profile information. Gontus, Inc. reserves the right of ownership of all the Service Providers’s profile and photographs and to moderate the changes or updates requested by Service Provider. However, Gontus, Inc. takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Gontus, Inc.’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Gontus, Inc. may modify or delete parts of your profile information at its sole discretion with or without notice to you.

4.3REVIEWS AND FEEDBACK DISPLAY RIGHTS OF GONTUS, INC.

4.3.1All Critical Content is content created by the Users of www.Gontus, Inc..com (“Website”) and the clients of Gontus, Inc. customers and Service Provider, including the End-Users. As a platform, Gontus, Inc. does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Gontus, Inc. and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Gontus, Inc.’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

4.3.2Gontus, Inc. reserves the right to collect feedback and Critical Content for all the Service Provider, Clinics and Healthcare Providers listed on the Website.

4.3.3Gontus, Inc. shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

4.3.4You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Gontus, Inc. shall not be liable for any effect on Service Providers’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Gontus, Inc. however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.

4.3.5Gontus, Inc. will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Website shall be applicable mutatis mutandis in relation to Critical Content posted on the Website.

4.3.6If Gontus, Inc. determines that you have provided inaccurate information or enabled fraudulent feedback, Gontus, Inc. reserves the right to immediately suspend any of your accounts with Gontus, Inc. and makes such declaration on the website alongside your name/your clinics name as determined by Gontus, Inc. for the protection of its business and in the interests of Users.

4.4RELEVANCE ALGORITHM

Gontus, Inc. has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the patients. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Service Provider. Gontus, Inc. shall not be liable for any effect on the Service Providers’s business interests due to the change in the Relevance Algorithm.

4.5INDEPENDENT SERVICES

Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Gontus, Inc..

4.6GONTUS, INC. REACH RIGHTS

Gontus, Inc. reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Gontus, Inc. will not be liable for the accuracy of information or the claims made in the Sponsored ads. Gontus, Inc. does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Gontus, Inc. will not be liable for the services of the providers of the Sponsored ads.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Gontus, Inc. accepts no liability for the same.

4.7GONTUS, INC. CONSULT

4.7.1Gontus, Inc. Consult enables Service Provider to connect with the Users by responding to the health related queries posted by them on their Health Accounts using the special software application provided to Service Provider by Gontus, Inc. (“Service Provider App”).

4.7.2The User may post two types of queries on their Health Accounts (i) public query, which is sent through Gontus, Inc. Consult to multiple Service Provider and enables any of the chosen Service Providers to respond to the query posted; and (ii) private query, which will be only sent to the Service Providers that the User has chosen.

4.7.3The public queries posted by the Users are sent to multiple Service Provider through a fully automated system installed in the Service Provider App. The automated system chooses Service Provider based on inter alia the information furnished by each Service Providers, the number of questions answered by the Service Providers and the rating or reviews procured by the Service Providers. Gontus, Inc. does not guarantee in any manner that any query will be directed to a particular Service Providers and will not be responsible for the Service Provider chosen to respond to the queries.

4.7.4Service Providers agrees that, when providing any written response to a User’s query that constitutes a performance of his/her services, the Service Providers shall not post language that may be considered abusive, objectionable or demeaning to the User or in general.

4.7.5In the event, the Service Providers indicates as part of his response the pre-consultation fee payable for the advice solicited through the private query, Gontus, Inc. shall provide the User an option to directly remit the amount to the Service Providers through the Health Account and subsequently deduct a portion from the amount paid as its fee for the performance of the services.

4.7.6Gontus, Inc. shall remit the fees to the Service Providers in accordance with the terms agreed between the Service Provider and Gontus, Inc. in the Software License and Services Agreement executed between them.

4.7.7Gontus, Inc. reserves the right to revise the fee terms at any time at their discretion. The Service Providers’s continued use of the services and Service Provider App shall constitute his/her consent to such revision.

4.7.8Service Providers hereby agrees that it shall use the Service Provider App for the purpose specified in these Terms of Use and shall not use the Service Provider App for any unauthorized and unlawful purpose, including impersonating another person.

4.7.9Service Providers hereby represents and warrants that he/she

is qualified to provide medical services within the territory of India;

has obtained all licenses as required by law to provide medical services and has not committed any act or omission that might prejudice its continuance or renewal; and

has provided Gontus, Inc. true, accurate, complete and up to date details about their qualification and credentials.

4.7.10Service Providers agrees that he/she shall at all times abide by the applicable medical regulations including the code of

4.7.11Service Provider shall promptly renew their licenses required to provide medical services and notify Gontus, Inc. about the same.

4.7.12Gontus, Inc. reserves the right to terminate any account of the Service Providers in case:

the Service Providers breaches any terms and conditions of this terms of use or privacy policy or applicable laws;

Gontus, Inc. is unable to verify or authenticate any information provided to it by a Service Providers; or

Gontus, Inc. in its sole and absolute discretion believes that actions of the Service Providers may cause legal liability for Gontus, Inc. or other Users and / or may adversely affect the services rendered by Gontus, Inc..

4.7.13Service Providers hereby agrees that, for any User that contacts the Service Providers using Gontus, Inc. Consult, only he/she shall be allowed to perform the services for the User and that the Service Providers may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Service Providers accepts all responsibility and liability for the use of Gontus, Inc. Consult, including the performance of its services, by any other party claiming to be the Service Providers and hereby agrees to indemnify Gontus, Inc. against any claim or loss that may be faced by Gontus, Inc. consequent to such use.

4.7.14Service Providers hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Service Providers agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.

4.7.15Service Providers agrees to render his/her services and fulfill their obligations towards their patients using their best efforts, skill and ability.

4.7.16Service Providers agrees and understands that some or all his/her may be made available to the general public through the Service Provider App or otherwise by the Company and that he/she has no objection to the same.

4.7.17Service Providers hereby agrees to assign to Gontus, Inc. in perpetuity all intellectual property rights residing in the responses provided by him/her for use by Gontus, Inc. worldwide.

4.7.18Service Providers hereby agrees not to seek the contact details of any User or to contact any User except through the Service Provider App.

4.7.19Any communication sent by or through Gontus, Inc. to the Service Providers is based solely on information uploaded by the Users. Gontus, Inc. shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

4.7.20Service Providers shall be liable to indemnify and hold Gontus, Inc. harmless from and against all actions, claims, damages, losses and expenses, including court costs and reasonable attorneys’ fees, arising out of or resulting from any breach, default, contravention, non-observance, non-performance, improper performance of any of its obligations or the terms, conditions, covenants and provisions contained in this Terms of Use.

4.8 GONTUS, INC. WEB PORTAL OR APP

4.8.1Gontus, Inc. web portal or app is an online content platform available on the website, wherein Service Provider who have a Gontus, Inc. profile and Users who have a health account can login and post health and wellness related content.

4.8.2A Service Providers can use web portal or app by logging in from their profile, creating original content comprising text, audio, video, images data or any combination of the same (“as defined in Clause 3.7.2”), and uploading said Content to Gontus, Inc.’s servers. The Service Providers can upload their own images or choose an image from the gallery that Gontus, Inc. provides. Gontus, Inc. shall post such Content to Gontus, Inc. web portal or app at its own option and subject to these Terms and Conditions. The Content uploaded via Gontus, Inc. web portal or app does not constitute medical advice and may not be construed as such by any person.

4.8.3The Service Providers acknowledges that they are the original authors and creators of any Content or comments uploaded by them via Gontus, Inc. web portal or app and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. Gontus, Inc. reserves the right to remove any Content or comment which it may determine at its own discretion as violating the intellectual property rights of any other person. The Service Providers agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of any third party intellectual property right claim that may arise from the Service Providers’s uploading of any Content on Gontus, Inc. web portal or app. The Service Providers also agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of any third party intellectual property claim if the Service Providers downloads an image from Gontus, Inc.’s gallery and utilizes it for his/her personal or commercial gain.

4.8.4The Service Providers hereby assigns to Gontus, Inc., in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Service Providers and uploaded by the Service Providers via Gontus, Inc. web portal or app.

4.8.5Gontus, Inc. shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.

4.8.6The Service Providers may also use Gontus, Inc. web portal or app in order to view original content created by Users or other Service Provider and also create and upload comments on such Content including their own content where allowed.

4.8.7Service Providers acknowledges that the content on Gontus, Inc. web portal or app reflects the views and opinions of the authors of such content and does not necessarily reflect Gontus, Inc.’s views.

4.8.8Service Providers agrees not to post any comments or upload any Content which are defamatory, obscene, objectionable or in nature and Gontus, Inc. reserves the right to remove any comments which it may determine at its own discretion to violate these Terms and Conditions or be violative of any law or statute in force at the time. The Service Providers agrees to absolve Gontus, Inc. from and indemnify Gontus, Inc. against all claims that may arise as a result of any legal claim arising from the nature of the Content or the comments posted by the Service Providers on Gontus, Inc. web portal or app

5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1As mandated by Regulation 3(2) of the IG Rules, Gontus, Inc. hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

belongs to another person and to which the User does not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

harm minors in any way;

infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

impersonate another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

5.2Users are also prohibited from:

violating or attempting to violate the integrity or security of the Website or any Gontus, Inc. Content;

transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Gontus, Inc.;

intentionally submitting on the Website any incomplete, false or inaccurate information;

making any unsolicited communications to other Users;

using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

copying or duplicating in any manner any of the Gontus, Inc. Content or other information available from the Website;

framing or hot linking or deep linking any Gontus, Inc. Content.

circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3Gontus, Inc., upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Gontus, Inc. shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5.4In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Gontus, Inc. has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

5.5Gontus, Inc. may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Gontus, Inc. to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Gontus, Inc. as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Gontus, Inc. or any person on its behalf and the User or where the User has consented to data transfer.

Gontus, Inc. respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

6.TERMINATION

6.1Gontus, Inc. reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

Such User breaches any terms and conditions of the Agreement;

A third party reports violation of any of its right as a result of your use of the Services;

Gontus, Inc. is unable to verify or authenticate any information provide to Gontus, Inc. by a User;

Gontus, Inc. has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

Gontus, Inc. believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Gontus, Inc. or are contrary to the interests of the Website.

6.2Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

7.LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall Gontus, Inc., or any of its directors, officers, employees, agents or content or service providers (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 Service Provider 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, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

8.RETENTION AND REMOVAL

Gontus, Inc. may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

9.APPLICABLE LAW AND DISPUTE SETTLEMENT

9.1You agree that this Agreement and any contractual obligation between Gontus, Inc. and User will be governed by the laws of India.

9.2Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Gontus, Inc.. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

9.3Subject to the above Clause 9.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

10.CONTACT INFORMATION GRIEVANCE OFFICER

10.1If a User has any questions concerning Gontus, Inc., the Website, this Agreement, the Services, or anything related to any of the foregoing, Gontus, Inc. customer support can be reached at the following email address: support@Gontus.com or via the contact information available from the following hyperlink: www.Gontus.com/contact.

10.2In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Abhijit Adhya Designation: Founder 560078 Email: support@Gontus.com Telephone: +91-9820985380 (Ask to be connected to the Grievance Officer) In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

11.SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from 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.

12.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 Gontus, Inc.. Any consent by Gontus, Inc. to, or a waiver by Gontus, Inc. 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.

SCHEDULE

1.TERMS OF SERVICE – ONLINE APPOINTMENT BOOKING FACILITY.

1.1PARTNERS - Gontus, Inc.’s esteemed Partners are Service Providers, clinic managers, and other medical Service Provider, who are listed and have a profile on www.Gontus, Inc..com and comply with the Terms of Use of www.Gontus, Inc..com.

1.2ONLINE APPOINTMENT BOOKING FACILITY

Online Appointment Booking is a facility offered by Gontus.com to patients for booking appointments online with our partners.

1.3OBJECTIVES OF ONLINE APPOINTMENT BOOKING FACILITY

The two-fold objective of Gontus.com is to ensure:

Excellent experience for our patients by minimizing their waiting time

Excellent experience for our partners by maximizing their utilization of time

1.4MANDATORY TERMS OF SERVICE FOR PARTNERS

Every Service Provider should honour all appointments booked via Gontus, Inc..com.

It is mandatory that the patient meets the same Service Provider with whom the appointment has been confirmed.

The Service Provider should communicate about any expected delay/cancellation at least 2 hours prior to the scheduled time of appointment.

Non-compliance to the above will lead to poor patient experience and may attract penalties from Gontus, Inc. including, but not limited to, withdrawal of the ‘Book’ Privilege button and might have an adverse effect on the relevance score of the establishment on Gontus, Inc. reserves the right to withdraw the ‘Book’ privilege button.

1.5MANDATORY TERMS OF SERVICE FOR PATIENTS

‘Instant - Book Appointment’ button on Gontus, Inc..com is a privilege given to the Patient, Gontus, Inc. reserves the right to withdraw this in case of repeated instances of “Patient No Show”.

1.6PRIVILEGES FOR PARTNERS

For complying with the terms of service on Gontus, Inc..com the partners will be offered following privileges:

Online Appointments Booking Facility

Patients can seamlessly book appointments 24x7 on Gontus.com or Gontus App.

Improve relevance score on Gontus, Inc.com.

Gontus, Inc. provides the services on “as is” and “as available” basis. Gontus, Inc. does not represent, warrant or guarantee that your access to or use of Gontus, Inc.com: (a) will be uninterrupted or error free; or (b)will result in any requests for appointments. Notwithstanding anything contained herein, Gontus, Inc. disclaims all liability for any act or omission of you, any Patient or other third party.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE