Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY. BY
CONTINUING TO ACCESS AND USE THIS APPLICATION YOU CONFIRM THAT YOU ACCEPT OUR
TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE THE TERMS OF USE,
DO NOT USE THIS APPLICATION.
Welcome to KOKORO Services (defined
hereunder). The Application is operated by Kokoro Bharat Health And Wellness
India Pvt. Ltd., having its registered office at 1111, Second Floor, Lotus,
Phase 4, Sector 28, DlfQe, Gurgaon, Haryana, India, 122002.
The terms
“You” or “Your” refer to you as the user (irrespective of whether You are a
Registered User (defined hereunder), HSP Registered User (defined hereunder)
or a Non-Registered User (defined hereunder)) and the terms “KOKORO”, “We”,
“Us”, “Company”, “Our” refer to Kokoro Bharat Health And Wellness India Pvt.
Ltd.. In the event the Application is being used by a person on your behalf,
the expression “You” or “Your” or the “User” shall apply to such person as
well.
These Terms of Use, Privacy Policy, together with any additional
Service specific terms and conditions, other policies which may be applicable
to specific portions of the Application and any disclaimers which may be
present on the Application are jointly referred to as “Agreement” and
constitute the terms of Your access and use of the Application and the
Services (defined hereunder). Where any part of the Agreement is modified in
accordance with the terms of the Agreement, the Agreement shall be enforceable
in its modified form.
The Agreement supersedes all previous oral and
written terms and conditions (if any) communicated to You.
SERVICES
Kokoro
Bharat Health and Wellness Pvt. Ltd., is the author and publisher of the
Mobile Application “KOKORO” as well as the web based portal www.kokoro.plus,
and is engaged in the business of providing
healthcare services discovery including but not limited to tele-consultation,
diagnostic tests, e-pharmacy, peer to peer blood donation, and health
insurance amongst others. Any reference to the application shall, apart from
the mobile application and web portal, also blog contained therein, queries
answered by Our team over email, phone or any other medium and all variants,
tools, editions, add-ons, and ancillary products or services of the
Application (including all files and images contained therein or generated by
the software, and accompanying data, herein referred to individually or
collectively as “Application”). The Application may be used by Users (defined
below) to avail Services which KOKORO may offer from time to time and/or to
find, access, manage and organize information including but not limited to
personal or non-personal information, doctor/consultant information,
appointments, prescriptions, laboratory and diagnostic tests, drug delivery,
electronic medical records, billing, inventory, accounting details and other
relevant information.
USERS
“Registered Users” are users:
• who
have successfully registered themselves with Kokoro Bharat Health And Wellness
India Pvt. Ltd. through the Application by providing information, and who can
log on to their account on the Application by providing their username and
password (“Primary User”); or
• Whose profile has successfully been
created on the Application under the account of a Primary User, by providing
information that is true and accurate (“Secondary User”).
“Healthcare
Service Providers” or “HSPs” are third parties including but not limited to
clinic. hospitaldiagnostic labs, pharmacies, Health Insurance Providers listed
on the Application, also, includes their duly qualified doctors, nurses,
paramedical staff, physiotherapists, consultants, medical equipment suppliers,
laboratory service providers, phlebotomist, pharmacist other incidental and
ancillary healthcare service providers listed on the Application and who
interacts with Users as part of the Services , wether as employees, agents or
consultants of KOKORO or as independent professionals.
“HSP Registered
Users” are Registered Users whose profile has a unique identification attached
to it including but not limited to), HPID (Health Professional
Identification) or UMR (unique medical record). HSP Registered Users may not
be permitted to access to certain areas of the Application.
“Non-Registered
Users” are users who have not registered themselves on the Application.
Non-Registered Users may not be provided access to certain areas of the
Application.
Registered Users, HSP Registered Users and Non-Registered
Users shall individually or collectively be referred to as “Users”.
ACCESS
AND USAGE RIGHTS OF USERS
Non - Registered User: A Non - Registered User
is not permitted to access or make use of the Application for any purpose
other than the following permitted use:
1. To browse the Application
without accessing any Services;
2. To use Self-Assessment Tool;
3. To
share the Application via social media applications.
CONTENT
The
data and information available on the Application may be categorized as
follows:
1. Data and information generated or provided by Unregistered
Users, HSP Registered Users and Registered Users on the Application (“User
Content”).
2. Data and information which Kokoro (through itself or its
contractors) has generated or procured for the Application and includes data
and information generated or provided by HSP (“Kokoro Content”).
GENERAL
TERMS OF USE
As required by law, You must be at least 18 years of age or
older, have a sound mind and not debarred by any law to contract in order to
access and use the Application and Services as a Primary User.
You will
use the Application and the features provided on the Application only in
relation to and in compliance with all applicable Indian laws. You will not
use this Application, or any feature provided on the Application for any
purposes not intended under this Agreement. By using the services, you
represent that the information provided by you, whether while registering as a
user of the Application, or subsequently, as the case may be, is true and
correct.
You should limit the use of this Application to India only. We
are not responsible if you avail any Service from outside India. You must have
the advice and/or prescription given by such HSP validated by a local
registered medical practitioner.
Certain Services are location specific.
Depending on Your location certain Services may not be available to You.
You
will not deliberately use the Application in any way that is unlawful or
harms Kokoro, its directors, employees, affiliates, distributors, partners,
service providers and/or any User and/or data or content on the
Application.
You will not use the Application for any illegal, immoral,
offensive purpose or for any other purpose that may infringe or violate any
applicable laws and regulations.
You will not interfere, disrupt or
hamper with the proper functioning of the Application.
Please do not
share your log-in details with anyone. You are responsible for maintaining the
confidentiality of Your account access information and password. You shall be
responsible for all usage of Your account and password, whether or not
authorized by You. You shall immediately notify Kokoro of any actual or
suspected unauthorized use of the Your account or password. Kokoro will not be
liable for Your losses caused by any unauthorized use of Your account. You may
be liable for the losses of Kokoro or others due to such unauthorized
use. KOKORO recommends that you periodically change your password to ensure
confidentiality.
SERVICES
Kokoro a transaction facilitator
Through
the Application, Kokoro acts as an aggregator and facilitates the purchase of
Services offered by HSP. You understand and agree that Kokoro is merely
provide hosting services to You. All Services offered on the Application
are provided by HSP and Kokoro does not bear any responsibility in this regard
whether arising out of misconduct, negligence, malfeasance, misrepresentation
or otherwise. Blood Donation services provided by KOKORO are only a platform
to connect patients who require blood/ blood component donation with willing
donors. By using the Service, User understands that the Blood/Blood Component
transfusion Service would be rendered by the concerned Blood Bank/ Hospital.
KOKORO is only facilitator. Kokoro has no control over HSP Services and does
not originate or initiate the transmission or select the sender/recipient of
the transmission. The authenticity and genuineness of the Services made
available by HSP through the Application shall be the sole responsibility of
HSP. You understand and agree that Application shall have no liability with
respect to the authenticity of the Services being facilitated through the
Application.
Use of Services
The Application may be used to
access a variety of healthcare and related services. However, some of these
services may require Registration and acceptance of the User Terms and
Conditions. Depending on the status of Your registration and subject to the
limitations and restrictions imposed by the Agreement or by Kokoro, You may
avail following services through the Application:
1. Online
Consultations;
2. Home examination;
3. Lab/sample collections;
4. Booking
radiology services;
5. Delivery of pharmaceutical goods and services
offered for sale by the HSP;
6. Doctor prescribed medicines/drugs
delivery;
7. OTC drugs delivery;
8. Home services including but not
limited to vaccination, nonstress test, Nursing Services, physiotherapy or any
other therapy;
9. Long term care programs for chronic diseases;
10. Follow
up service;
11. Post-surgery care;
12. Peer to Peer Blood Donation
Service;
13. Purchase of Health Insurance Policy;
14. Second opinion
service;
15. Patient data storage service;
16. Built-in app features
such as health trackers, medicine reminders, storage and display of Your
medical records, information and history, including general medical
information, outpatient records, discharge summaries, prescriptions, lab
investigations and radiology reports along with information regarding Your
family members;
17. Such other services as may be intimated from time to
time.
The aforesaid list of services is jointly referred to as
“Services.”
The Services are non-transferable and only cover the
Registered User.
The minimum age requirement of 18 years does not apply
to any Service that is open to children and adolescents aged less
than 18 years. However, in such an event, by accepting these terms, you
represent that such services have been availed by the parent or legal guardian
of the minor on his behalf.
KOKORO’ RIGHTS TO THE APPLICATION
AND KOKORO CONTENT
KOKORO respects the intellectual property rights of
others, and We expect the same from You. The Application, User Content and
the KOKORO Content are protected by applicable intellectual property laws.
KOKORO’s
Rights to the Application and KOKORO Content:
All intellectual property
in and to the Application and all software, techniques and processes used in
connection with the aforesaid, belongs exclusively to KOKORO or its licensors.
As a User, You are granted a limited, non-exclusive, non-transferable license
to access and use the Application as per the terms of the Agreement. Through
Your use of the Application, by no means are any intellectual property rights
impliedly or expressly granted by KOKORO to You in respect of such works.
KOKORO and/or
its licensors assert all proprietary rights in and to all names and trademarks
contained in the Application. Notwithstanding the generality of the foregoing,
the name and logo of “KOKORO” is/are the trademarks and copyright (inclusive
of any other applicable intellectual property right) of KOKORO and/or its
licensors. Any use of such name or logo, unless otherwise authorized in a
written agreement, will constitute an infringement upon the trademark and
copyright (or any other such intellectual property right) of KOKOROand/or its
licensors and may be actionable under applicable laws.
Except as stated
otherwise in this Agreement, all KOKORO Content (including all intellectual
property rights to such content) is owned exclusively by KOKORO and/or its
licensors.
When You use the Application in accordance with this
Agreement, a limited royalty-free right is granted to You by KOKORO to
use KOKORO Content only for personal and non-commercial use in India for the
term of the Agreement.
Unless explicitly stated herein, nothing in this
Agreement shall be construed as conferring on You any license to intellectual
property rights, whether by estoppel, implication, or otherwise.
Unless
expressly authorized by KOKORO, You agree not to reproduce, modify, sell,
distribute, mirror, frame, republish, download, transmit, or create derivative
works of the KOKORO Content, in whole or in part, by any means. You must not
remove or modify any copyright or trademark notice, or other notice of
ownership.
Rights in User Content:
You agree that You are the sole
owner of all rights (including all intellectual property rights) in the User
Content that You post on the Application or provide to KOKORO.
To the
extent permissible by law, You hereby grant KOKORO a perpetual, non-revocable,
worldwide, royalty-free license to make use of such User Content including the
right to copy, distribute, display, reproduce, modify, adapt, the User
Content, and create derivate works of the User Content.
USER CONSENT
& PRIVACY
You have the option of uploading Your identifiable health
information including physical, physiological and mental health condition, and
medical records and history on the Application which may be accessed
by KOKORO and/or HSPs using the Application, during the course of providing
Services to You.
We may collect various personal information from You
when You use the Application and for the features provided by the
Application.
Our Privacy Policy sets out terms with respect to the
collection, storage, use, processing, transfer and disclosure of any such
personal information.
When You click on the ‘I accept’ tab at the time of
registering or access the Application or otherwise provide Your personal
information, You specifically consent to Our Privacy Policy & Terms of
Use.
KOKORO may disclose/transfer Your Personal Information in accordance
with applicable law and for the purposes as set out in the Privacy Policy.
KOKORO is
required by law to maintain the privacy and confidentiality of Your medical
information. We assure to take Your privacy seriously and to maintain privacy
and confidentiality of the information provided by You to Us. We, however, do
not represent, warrant or guarantee that Our safeguards to prevent
unauthorized access to Your personal information is fool-proof.
Further, KOKORO may itself have to access Your medical information (medical
records, consultation history, transcripts etc.) in order to investigate any
deficiencies, complaints or grievances that You bring to the notice of KOKORO.
You hereby specifically authorize KOKORO to access Your medical information in
such cases.
OTHER WEBSITES/MOBILE APPLICATIONS
You may be provided
with links on the Application that direct You to third party websites /
applications / content or service providers (collectively “Third Party
Content”).
Links to such third party applications are provided for Your
convenience only. Please exercise Your independent judgment and prudence when
visiting / using any Third Party Content via a link available on the
Application. Should You decide to click on the links to visit such Third Party
Content, You do so on Your own volition. Your usage of such Third Party
Content is subject to the terms of use of the respective Third Party Content
and KOKORO is not responsible for Your use of any Third Party Content.
We
do not extend the Agreement to any other websites/applications except for this
Application. We do not make any warranty or give any security to the personal
information disclosed by You to the other websites/applications, even if such
websites/applications are linked to our Application or they are using our
Application link.
KOKORO does not endorse any Third Party Content that
You may be directed to from the Application.
KOKORO RIGHTS
AND RESPONSIBILITIES
KOKORO has no responsibility towards Non-registered
User for providing Services.
For the avoidance of doubt, it is hereby
clarified that KOKORO’s responsibility towards Registered User will be limited
to the provision of the Services as per the User Terms and Conditions.
If KOKORO suspects
any illegal, wrongful or fraudulent activity on the Application by any User,
notwithstanding any other rights KOKORO may have against such
User, KOKORO reserves the right to inform the relevant government or law
enforcement authorities. KOKORO will cooperate in all investigative procedures
or requests for access / information initiated by any such government or law
enforcement authorities.
KOKORO reserves the right to add new
functionality, remove existing functionality, and modify existing
functionality to its Services as and when it deems fit, and make any such
changes available in newer versions of Application at its discretion. All
Users of its Services will be duly notified upon release of such newer
versions and KOKORO reserves the right to automatically upgrade all Users to
the latest version of its Services as and when it deems fit.
The
Application and Services may be subject to certain limitations, such as,
limits on storage space, limit on bandwidth, unexpected downtime,
unavailability of HSPs due to unforeseen circumstances, etc.
KOKORO reserves
the right to schedule/reschedule/cancel appointments and swap HSPs at any time
without prior intimation.
KOKORO reserves the right to refuse Service at
any time without providing any reasons. The terms applicable to refund and
cancellation are specified below.
Legal Compliances
KOKORO will
strictly adhere to and adopt all reasonable measures to ensure compliance to
all central and state government regulations and directives as applicable from
time-to-time.
Data Recording, Storage, Encryption & Usage
The
information stored on the Application may be entered by You or by a HSP in the
course of services provided by KOKORO. The information collected as part of
the Services may be stored on Your mobile device as well as on a third-party
cloud platform (“Cloud Service Provider”) or server (“Storage Service
Provider”).
It is hereby clarified that KOKORO does not have the
obligation to pre-screen or monitor User Content at any time.
However, KOKORO may elect to monitor any User Content and may modify or remove
any User Content from the Application if KOKORO determines in its sole
discretion that such User Content is in violation of this Agreement or any
applicable law and best practices. Where KOKORO removes any User Content from
the Application, KOKORO will make reasonable efforts to inform the Registered
User who had posted such User Content.
All User Content shall be
recorded, saved and stored electronically on a secure cloud database/server
managed by the Cloud Service Provider / Storage Service Provider. KOKORO shall
take best efforts to ensure that the Cloud Service Provider/ Storage Service
Provider uses appropriate levels of encryptions to protect data and takes all
necessary precautions. KOKORO will however not be responsible for any cyber
data theft from its Application or the Cloud Service Provider’s/ Storage
Service Provider’s databases.
USER RESPONSIBILITIES
Your use
of this Application shall be subjected to the following terms and
conditions:
1. You will observe and comply with the terms and conditions
of the Agreement in letter and spirit;
2. You will not delete or modify
any content of the Application including but not limited to, legal notices,
disclaimers or proprietary notices such as copyright or trademark symbols,
logos, that You do not own or have express permission to modify;
3. You
will not decipher, decompile, reverse engineer, or disassemble
the KOKORO content;
4. You will not use any engine, software, tool, agent
or other device or mechanism (such as spiders, robots, avatars or intelligent
agents) to navigate or search the Application;
5. You will not remove any
copyright, trademark registration, or other proprietary notices from the
Application. You further agree not to access or use this Application in any
manner that may be harmful to the operation of this Application or its
content;
6. You will not frame or hotlink
or deeplink any KOKORO Content;
7. You will not use the Application and /
or Services in any way that is unlawful, or harms KOKORO or any other person
or entity, as determined in the KOKORO’s sole discretion.
8. You will not
engage in any form of antisocial, disrupting, or destructive acts, including
“flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as
those terms are commonly understood and used on the Internet;
9. You will
not host, display, upload, modify, publish, transmit, update or share any
information that:
1. belongs to another person and over which You does
not have sufficient legal rights;
2. 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;
3. harm minors in any way;
4. infringes
any patent, trademark, copyright or other proprietary rights(se), violates any
law for the time being in force;
5. deceives or misleads the addressee
about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;
6. impersonate another
person;
7. contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource;
8. 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.
Without
prejudice to the rights that KOKORO may have under other provisions of the
Agreement, where KOKORO has reasons to believe that a User has violated a term
or condition of the Agreement, then KOKOROshall, in its sole discretion:
1. Suspend
provision of Services; and/or
2. Approach User to make good that loss or
damage caused to KOKORO as a pre-condition to revoke the suspension; and/or
3. Take
any such action against the User as it permissible under law; and/or
4. Raise
invoice of Services availed by the User on behalf of HSP; and/or
5. Disable
and/or delete such User Content that is in contravention of the Agreement
while preserving such information and associated records for the purpose of
production to governmental authorities for investigation purposes.
PAYMENT,
FEES AND TAXES
You agree to pay all Service fees, consulting fees,
reasonable out of pocket expenses and other fees applicable to Your use of the
Services. While KOKORO will strive to give You a fair estimate of fees in
advance, the actual fee may be dependent on the type of Services that You
purchase and may vary based on the number or duration of the Services
subscribed to.
You are solely responsible for payment of all taxes, legal
compliances, statutory registrations and reporting. KOKORO is in no way
responsible for any of the taxes except for its own income tax.
The fees
could be paid online through the facility made on the Application. Third
parties support and services are required to process online fee
payment. KOKORO is not responsible for any loss or damage caused to User
during this process as these third parties are beyond the control
of KOKORO.
At the sole discretion of KOKORO, the fees could also be paid
offline and be either collected personally from the User or required to be
mailed to KOKORO at the following address:1111, Second Floor, Lotus, Phase 4,
Sector 28, DlfQe, Gurgaon, DLF Phase IV, Haryana, India, 122002.
All fees
are exclusive of taxes. The payment process would be complete only on receipt
of the amount to KOKORO’S designated bank account.
An invoice for fees
against Services received by You will be generated periodically and will be
intimated to You on the Application and/or on Your contact details. You may be
requested to make the payment immediately or on a deferred basis, at the sole
discretion of KOKORO. In case the fees against Services are not received
within the requested timeframe, KOKORO reserves the right to stop provision of
Services on immediate basis, permanently delete Your account and all
information stored against your account and, suspend or terminate the
Agreement. You will be solely responsible for the consequences of non-payment
for the fees within the requested timeframe and have no right of recovery in
any form against KOKORO.
In order to process the payments, KOKORO might
require details of Your bank account, credit card number etc. Please check our
privacy policy on how KOKORO uses the confidential information provided by
You.
KOKORO shall send an intimation of fee receipt through an email
and/or your contact details within seven (7) working days of fee receipt from
You.
OFFERS AND PROMOTIONS
KOKORO and HSP may occasionally promote
their Services on the Application available for you to purchase. We try to
encourage HSP to offer good quality Services and materials at competitive
prices but we have no control over them, we do not endorse the Services they
offer, or give you any assurance that they will be suitable for your needs. It
is your responsibility to satisfy yourself in this regard and we have no
liability in connection with the same. All promotions are for limited period
and subject to special terms and conditions, which are in addition and not to
the terms and condition stated herein.
For the avoidance of any doubt, it
is hereby clarified that any reference of the term ‘offer/offered for sale by
the HSP’, as appearing in the Agreement, shall be construed solely as an
‘invitation to offer for sale’ by any such HSP.
PATIENT
EMERGENCIES
The Services are not a replacement for emergency services
offered at hospitals and should not be accessed if the patient is in a
critical condition. In Medical Emergency (defined hereunder), please contact
emergency services and/or rush to the nearest hospital.
“Medical
Emergency” will include a serious and unexpected situation that may involve
illness or injury and requiring immediate medical attention in the absence of
which, possess an imminent threat/risk to life and can potentially lead to
death or serious medical conditions in the absence of the medical
attention.
REPRESENTATIONS AND WARRANTIES
By Using This
Application, You hereby represent and warrant that:
1. You are 18 years
of age or older and that Your use of the Application shall not violate any
applicable law or regulation;
2. Where a minor may access or use the
Application or Service, You will ensure that such access or use happens
through Your account and under Your personal supervision. Further, You accept
to be accountable and liable for the activity of the minor on the Application,
including in respect of the Services availed on the Application;
3. All
registration information You submit is truthful and accurate and that You
agree to maintain the accuracy of such information;
4. You as a
Registered User will use the Application solely for Your personal and
non-commercial use. Any use of this Application or its content other than for
personal purposes is strictly prohibited.
KOKORO represents and warrants
that:
1. it is a company duly organized under the [Companies Act, 2013]
and has the power and authority to provide the Services and the
Application;
2. it has all permits, approvals and licenses necessary to
carry out the Services and in fulfilling its obligations hereunder;
3. by
entering into this Agreement, KOKORO does not violate any of the previous
arrangements entered into with other entities to which it is a party;
DISCLAIMERS
You
understand that there are inherent risks involved in receiving medical
services over a mobile/computer platform, which include:
Information
transmitted may not be sufficient (e.g., poor resolution of images) to allow
for appropriate medical decision making by a HSP;
1. Your HSP may neither
be able to provide medical treatment to You nor provide for or arrange for
care that You may require in the case of an emergency;
2. Delays in
medical evaluation and treatment could occur due to deficiencies or failures
of the Application;
3. Security protocols could fail, causing a breach of
privacy of Your confidential medical information.
4. A lack of access to
complete medical records may result in errors in medical judgment.
User
may expect the anticipated benefits from the Services provided by KOKORO, HSPs
and its authorized representatives, but no results can be guaranteed. User’s
condition may not be cured or improved, and in some cases, may get worse.
KOKORO hereby
disclaims any responsibility towards Users in terms of development,
maintenance and updating of the Application.
Any modification,
development, maintenance or updating of the Application and any modification,
transfer, license or assignment of the rights in the Application shall be done
by KOKORO as per its sole judgment and in its sole discretion.
The
Application and Services provided by KOKORO is provided “as-is,” as available,
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). To the fullest extent permitted
by law, KOKORO disclaims all liability arising out of the User’s use or
reliance upon the Application, the Services, the KOKORO Content,
representations and warranties made by KOKORO or any opinion or suggestion
given or expressed by KOKORO or its contractors and agents (including
HSPs).
Specifically, KOKORO disclaims any liability arising out of:
1. Any
pre-existing medical condition; or
2. Any adverse drug reaction (due to
any act or omission based on information found on the Application, or
otherwise); or
3. Sudden escalation of a prior medical condition or
medical situations that occur on account of omission of critical and material
health information by a User.
KOKORO assumes no responsibility and shall
not be liable for ways in which Your personal data is used. It is the
responsibility of You alone to ensure that Your personal data is used in
compliance to applicable privacy laws.
KOKORO 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 Application
or the downloading of any material, data, text, images, video content, or
audio content from the Application. If a User is dissatisfied with the
Application, User’s sole remedy is to discontinue using the Application.
Neither KOKORO nor
its contractors and agents (including HSPs) shall be liable to a User,
monetarily or otherwise, for an occurrence wherein no medical or procedural
negligence of KOKORO or its contractors and agents is proven, even if the
services provided by the HSP may give a cause of action to the User. In case
of any defect, shortcoming, negligence, malfeasance or misconduct by the HSP,
the rights of the User shall be restricted to the HSP and KOKORO assumed no
responsibility in this regard.
Use of the Application does not include
the provision of a computer or mobile device or other necessary equipment to
access it. To use the Application You will require internet connectivity and
appropriate telecommunication links. KOKORO shall not have any responsibility
or liability for costs incurred in procuring any equipment or telephone or
other costs you may incur in connection with the use of the Application.
Information
regarding HSP and Services
Information regarding HSP and KOKORO Services
is intended for general reference purposes only. Such information often
changes frequently and may become out of date or inaccurate. You are
encouraged to independently verify any such information You see on the
Application with respect to a HSP that You seek to engage through the
Application.
KOKORO DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE
SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE
APPLICATION AND ITS FEATURES; (II) HSP INFORMATION ON THE APPLICATION; (III)
ANY SERVICE INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH
THE APPLICATION (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR KOKORO CONTENT
(V) TRANSMISSIONS OR DATA AND (VI) ANY OTHER MATTER RELATING TO THE
APPLICATION AND / OR SERVICES.
KOKORO MAKES NO WARRANTY OR REPRESENTATION
THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED EXCEPT AS REQUIRED BY
LAW.
KOKORO ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO
ANY INFORMATION WHICH YOU OR A HSP MAY POST ON THE APPLICATION AND YOU ARE
SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
YOU AGREE
THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKE IT IMPOSSIBLE
FOR KOKORO TO VOUCH FOR THE VALIDITY, AUTHETICITY AND HONESTY OF USER
CONTENT. KOKORO IS NOT RESPONSIBLE FOR ANY USER CONTENT ON THE APPLICATION, OR
FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
KOKORO DOES
NOT PROVIDE ANY GUARANTEE AND SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE
FAILURE TO SEND ANY COMMUNICATION, NOTIFICATION OR REMINDER TO YOU WHETHER AS
A FEATURE OF THE APPLICATION OR NOT.
KOKORO SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY BREACH OR LOSS OF DATA INCLUDING PERSONAL INFORMATION CAUSED
DUE TO EVENTS BEYOND THE CONTROL OF KOKORO DUE TO TECHNICAL REASONS OR THIRD
PARTY ACTIONS.
LIMITATION OF LIABILITY
To the fullest extent
permitted by law, in no event will KOKORO or its contractors or agents
(including HSPs) or any of their directors, officers, employees, agents or
content or service providers (collectively, the “Protected Entities”) be
liable for any direct, indirect, special, incidental, punitive, exemplary or
consequential damages (including, without limitation, loss of business,
revenue, profits, goodwill) arising from, or directly or indirectly related
to, the use of, reliance on, or the inability to use or rely on, the
Application or the Services, materials and functions related thereto whether
or not KOKORO has been warned of the possibility of such damages or could have
reasonably foreseen such damages.
Notwithstanding anything to the
contrary in this Agreement, 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 the terms and conditions or a User’s use of the
Application exceed, in the aggregate, INR 5000 or the amount of payment
against Services that has been directly received by KOKORO from the User in
the past three months, whichever is lower.
INDEMNIFICATION
You
hereby agree to indemnify, defend, and hold KOKORO, KOKORO’s contractors,
agents, representatives and other authorized users (Registered and
Non-Registered Users, Patients, HSPs), and each of the foregoing entities’
respective contractors, agents, representatives, service providers and
suppliers, and all of the foregoing entities’ respective officers, directors,
owners, employees, agents, representatives, harmless from and against any and
all losses, damages, liabilities and costs arising from (i) Your use of the
Application or Service (ii) Your breach of terms, conditions or provisions of
this Agreement, or violation of any law, rules or regulations by the User, or
due to such other actions, omissions or commissions of the User that gave rise
to the claim., (iii) any negligent or intentional wrongdoing on Your part,
(vi) misrepresentations or fraudulent feedback that has adversely
affected KOKORO or its Users, (v) User’s actions resulting from the
User’s viewing of Content on KOKORO Application, (vi) any legal or third party
intellectual property right claim that may arise from the User Content and
(vii) any such claim or liability arising out of unauthorized use of
Application and content within the Application
TERMINATION
This
Agreement will remain in full force and effect while You use the Application
in any manner or capacity.
You can terminate Your relationship
with KOKORO at any time by providing ninety (90) days’ prior written notice
at support@kokoroplus.com. We need this period to inactivate User account,
only after verifying if there are any ongoing or pending Services. KOKORO may
require User to continue until the completion of an on-going Service should
the situation warrant.
KOKORO may terminate its relationship with You
after providing 30 (thirty) days’ prior written notice to Your registered
email address. However, it does not prejudice KOKORO’ right to refuse Service
to You without providing any reason.
KOKORO may terminate the Agreement
without notice and with immediate effect where, in the sole opinion
of KOKORO:
1. Any material relating to personal and medical information
furnished by a User appears to be untrue; or
2. A User is critical or
unstable or dead; or
3. Provision of Services poses a risk to life of
HSPs; or
4. Financial dues have not been paid by a User within requested
timeframe; or
5. User fails to co-operate with HSPs or KOKORO; or
6. HSPs
and/or other KOKORO resources are no longer adequate, available and/or
suitable to accommodate User’s health requirements.
KOKORO reserves the
right to suspended or withdrawn any non-paid version of any variant, tool,
edition, add-on, and ancillary product or service of the Application from you
personally or all users temporarily or permanently at any time and without
notice. KOKORO may also impose restrictions on the length and manner of usage
of any non-paid version of any variant, tool, edition, add-on, and ancillary
product or service of the Application for any reason. KOKORO may change or
update the non-paid version of any variant, tool, edition, add-on, and
ancillary product or service of the Application without notice to you. If the
need arises, we may suspend access to such part of the Application or close it
indefinitely.
APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE
RESOLUTION
The information provided under this Application and the terms
and conditions therein are governed by and to be interpreted in accordance
with laws of India.
The parties shall be bound to submit all disputes and
differences howsoever arising out of or in connection with this Agreement to
arbitration by one (1) arbitrator, mutually appointed by the parties. The
arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as
amended from time to time. The seat and venue of arbitration shall
be Gurugram, Haryana. Subject to the aforesaid, the competent courts
of Haryana shall have jurisdiction to grant urgent interim reliefs to the
parties.
The parties shall have the right to apply to a court of
competent jurisdiction to obtain interim injunctive relief in respect of any
dispute, pending resolution of such dispute in accordance with the
Agreement.
MISCELLANEOUS
Severability: If any provision of these
terms is held by a court of competent jurisdiction or arbitral tribunal to be
unenforceable under applicable law, then such provision shall be excluded from
the Terms and the remainder 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.
Notices: All
notices and other communications required or permitted hereunder to be given
to a party shall be in writing, in the English language, and shall be sent
e-mail, or mailed by prepaid internationally-recognized courier or otherwise
delivered by hand or by messenger, addressed to such party’s address as set
forth below or at such other address as the party shall have furnished to the
other party in writing in accordance with this provision:
• If
to KOKORO: 1111, Second Floor, Lotus, Phase 4, Sector 28, DlfQe, Gurgaon,
Haryana, India, 122002.
• If to You: at the email address provided by You
to us when You registered as a User. If You are a Secondary User, You agree to
receive communications and be notified at the email address of the Primary
User.
No term of the Agreement shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the
party claimed to have waived or consented. Any consent by any party to, or
waiver of a breach by the other, whether expressed or implied, shall not
constitute consent to, waiver of, or excuse for any other different or
subsequent breach.
Complete Understanding: The Agreement contain the
entire understanding of the parties, and there are no other written or oral
understandings or promises between the parties with respect to the subject
matter of the Agreement other than those contained or referenced in the
Agreement.
Force Majeure: KOKORO shall not be liable for any downtime or
delay or unavailability of the Application caused by circumstances
beyond KOKORO’s reasonable control, including without limitation,
cyber-attacks, acts of God, acts of government, floods, fires, earthquakes,
civil unrest, acts of terror, strikes or other labourproblems, internet
service provider failures or delays, or denial of service attacks.
Advertisement: KOKORO shall
have the right to place advertisements and publicity materials of its choice,
including that pertaining to parties other than itself for commercial use
through electronic means on the Application.
Assignment: You may not
assign or sub-license, without the prior written consent of KOKORO, the
rights, duties or obligations under this Agreement, in whole or in part, to
any person or entity.
Survival: Even after termination, the provisions of
the Agreement with respect to Platform as-is, Payment terms, Limitation of
Liability, Indemnity, Intellectual Property, Dispute Resolution will continue
and survive termination of this Agreement.
Modifications: KOKORO reserves
the right to modify any part of the Agreement at any time without giving You
prior notice. No part of the Agreement shall stand modified unless consented
to in writing by KOKORO.
When KOKORO updates the Agreement, We will
notify you through an email. Alternatively, KOKORO may cause Your account to
be logged-off in and make Your subsequent account log-in conditional on
acceptance of the Agreement.
If You do not agree to the changes, please
do not access or use the Application and the Services any further.
These
Terms of Use were last updated on: 1st April 2025