TERMS OF SERVICE

Effective from:

Welcome to Kokoro Plus!

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING THIS PLATFORM. IT OUTLINES THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS PLATFORM AND INCLUDES CRUCIAL INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.

These Terms (the “ Terms ”) constitute a legally binding agreement between Kokoro Bharat Health and Wellness India Pvt. Ltd. (" Company ," " we ," " our ," or " us ") and you (“ you ”, “ your ”, or “ User ”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between us and you for the use of our Website https://kokoro.plus/ (“ Website ”), our mobile application (“ App ”) and any of our other websites, mobile or digital applications, or any other services we offer from time to time by or in connection therewith (together referred to as the (“ Platform” or “Kokoro Plus” ). The Platform is owned and 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.

For the purpose of these Terms, wherever the context so requires, " you ," " your ," or " User " refers to any natural or legal person, including Customers, Service Providers and their Authorised Users (all as defined below), or any other individual or entity who accesses or interacts with the Platform and/or Services. The applicability of these Terms extends to all Users regardless of the device type used for accessing our Platform, whether it be a laptop/desktop or a mobile/tablet device.

Acceptance of Terms:

This document is an electronic record in accordance with the Information Technology Act, 2000 and rules thereunder, as applicable, including the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. It is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, that require publishing the rules and regulations, Privacy Policy, and Terms of Service for access or usage of our Platform.

Our role under these Terms is limited to the administration and management of the Platform, including any Services made available to you on the Platform. You must comply with applicable laws, regulations, and policies when using our Platform and/or Services. It is your responsibility to ensure that your use of the Platform does not violate any laws or regulations in your jurisdiction.

PLEASE NOTE THAT ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM AND/OR SERVICES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF SERVICE.

By implicitly or expressly accepting these Terms, you also accept and agree to be bound by our Privacy Policy, as amended from time to time. We encourage you to read the Privacy Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.

We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above, and the revised Terms shall be effective from such date. You are required to frequently check these Terms and their effective date to understand the terms and conditions that apply to your use of our Services. Your continued use of the Platform and/or Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.

Further, we may change, suspend, and/or discontinue the Services at any time, including the availability of any feature, database, and content on the Platform. We may also restrict Users’ access to parts and/or all of the Platform without notice in the event of technical disruptions or other similar events, and/or blacklist the Users in case of any fraudulent activity. We shall not be liable to the Users in such cases.

DEFINITIONS AND INTERPRETATION

Definitions: In these Terms, the following expressions have the following meanings unless otherwise stated:

“ABHA” means Ayushman Bharat Health Account, and “ABHA ID” refers to the unique health identifier (ID) assigned to an individual under ABDM, used to manage and access digital health records.

“ABDM” refers to the Ayushman Bharat Digital Mission, a flagship initiative of the Government of India aimed at developing an integrated digital health infrastructure.

“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, notification, guideline, directive, order, decree, judgment, or other requirement or restriction issued by any governmental, statutory, regulatory, administrative or judicial authority having jurisdiction over the subject matter, in force in India, whether existing as of the date of these Terms or enacted or amended thereafter, including but not limited to the Information Technology Act, 2000, the Drugs and Cosmetics Act, 1940, the Clinical Establishments (Registration and Regulation) Act, 2010, and the Digital Personal Data Protection Act, 2023 (“DPDPA”).

Authorised Users ” means individuals authorised by Service Providers to access and use the Platform on their behalf or to perform any portion of the services to Customers. This may include its employees, consultants, contractors, including healthcare professionals such as doctors, laboratory technicians, phlebotomists, pharmacists, operational or administrative staff, or any other persons acting for or on behalf of the Service Provider.

Authorised Personnel ” means individuals engaged or deployed by the Company or its Verified Partners to deliver or support the Services offered through the Platform, including, without limitation, nurses, caregivers, general attendants, paramedical staff, physiotherapists (in the case of homecare services provided by the Company), and insurance consultants, brokers, ambulance technicians, emergency responders, or mental health professionals (in the case of services facilitated through Verified Partners). Such personnel act on behalf of the Company or the relevant Verified Partner, as applicable.

Customers ” means any natural person who is registered on the Platform and avails or seeks to avail any Service made available through the Platform.

Data Protection Laws ” means all Applicable Laws relating to privacy and the processing, collection, storage, transfer, or protection of personal data, including the Digital Personal Data Protection Act, 2023, rules issued thereunder, and any applicable sectoral regulations or guidelines issued by regulatory bodies such as the Ministry of Health and Family Welfare, National Health Authority, or Insurance Regulatory and Development Authority of India (IRDAI).

“Medical Laws” means all Applicable Laws governing the practice of medicine, telemedicine, pharmacy, diagnostics, insurance distribution, blood donation, and provision of healthcare services in India, including but not limited to the Indian Medical Council Act, 1956, the Telemedicine Practice Guidelines, 2020, the Drugs and Cosmetics Act, 1940, and other relevant laws or regulations applicable to healthcare professionals and service delivery.

Service Providers ” means any individuals or entities registered on the Platform to offer Services directly to Customers, including but not limited to doctors, clinics, hospitals, therapists, diagnostic labs, phlebotomists, pharmacies, wellness and sexual health brands, and any other person or entity approved by the Company for listing on the Platform from time to time.

Services ” shall have the meaning assigned to it under Clause 2 of these Terms.

User Content ” means any data, information, messages, files, documents, reviews, images, health records, prescriptions, communications, or other personal data and content uploaded, submitted, posted, or transmitted by a User on or through the Platform, whether publicly or privately shared.

Verified Partner(s) ” means third-party agencies or entities engaged and vetted by the Company to provide homecare services, emergency support and insurance-related Services, including but not limited to homecare service providers, licensed insurance aggregators, ambulance service providers, mental health helplines, blood donation support organisations, or other emergency response providers. All such partners are required to meet the Company’s verification, licensing, accreditation, and due diligence standards.

Interpretation:

The headings and bold typeface are for convenience only and shall not affect the interpretation of these Terms.

Words importing the singular include the plural and vice versa, and words importing gender include all genders.

Any reference to a person includes a natural person, body corporate, partnership, trust, association, or any other entity.

Any reference to “including” shall be interpreted to mean “including without limitation.”

Capitalised terms not defined in this Clause may be defined elsewhere in these Terms or in the Privacy Policy, and unless the context otherwise requires, shall carry the meaning assigned to them therein.

References to these Terms include any amendments, modifications, or updates to these Terms from time to time.

SCOPE OF SERVICES

The Platform operates as a digital health and wellness facilitation platform that enables Users to access a broad range of health-related services (“ Services ”) curated, coordinated, and managed by the Company and offered through verified third-party providers and agencies. The Services may include, without limitation:

Digital Health Services, including:

teleconsultation with registered medical practitioners;

booking diagnostic tests and health check-ups;

ordering medicines and wellness products through licensed pharmacies;

purchase of sexual wellness products; and

access to and management of digital health records through integration with the ABDM and ABHA IDs.

Homecare and Health Support Services, including:

access to nursing care, physiotherapy, general attendants/caregivers, or any other clinically appropriate therapy that can be provided at home;

rental and supply of medical equipment at home; and

care plans for chronic condition management and elder care, and post-hospitalisation recovery.

Emergency and Community Support Services, including:

peer-to-peer blood donation support;

booking of ambulances and emergency transportation;

SOS emergency assistance and access to a mental health helpline; and

crisis response and coordination through Verified Partners.

Insurance and Financial Facilitation, including:

Group insurance plans;

assistance with the discovery and comparison of health insurance plans; and

assistance in referral and onboarding for health insurance policies through duly licensed insurance intermediaries.

The Platform facilitates access to time-sensitive or crisis support services (“ Emergency Services ”) such as ambulance booking, SOS alerts, mental health helplines, and blood donation requests, through Verified Partners. However, these are not a substitute for official emergency response systems such as national or local ambulance or emergency numbers (e.g., 112 or 108 in India). Users are advised to contact local emergency services directly in case of life-threatening or critical emergencies.

While the Company manages and facilitates all listed Services via the Platform, certain Services (such as emergency and community support services, and insurance facilitation) may be fulfilled through licensed third-party partners in compliance with Applicable Laws. The Company does not directly provide medical or diagnostic services, and its role is limited to enabling Users to access Services through the Platform and coordinating the delivery of the same in a reliable, verified, and compliant manner.

All individuals and entities involved in the delivery of Services through the Platform are required to be duly licensed, certified, or registered under Applicable Laws relevant to the services they offer. The Company does not directly provide medical, diagnostic, or Emergency Services. Our role is limited to facilitating access to such Services via the Platform and ensuring that Service Providers/Verified Partner undergo appropriate onboarding and verification procedures, including KYC checks and license validation. However, the responsibility to obtain, hold, and comply with all necessary licenses, registrations, and regulatory approvals under Applicable Laws lies solely with the respective Service Providers and Verified Partner.

The Company reserves the right, at its sole discretion and without prior notice, to add, modify, suspend, or discontinue any Service, including changes to its scope, pricing, or mode of delivery. The Company does not guarantee uninterrupted availability or continued access to any specific Service and disclaims responsibility for the acts, omissions, or performance of any third-party Service Provider or Verified Partner.

WHO MAY USE OUR PLATFORM AND SERVICES?

We welcome individuals and entities to utilise our Services, subject to adherence to these Terms of Service. To ensure clarity, here's who may and may not use our Services:

Eligibility:

Customers:

Individuals who use our Platform or avail any Services must (i) be at least 18 years of age; (ii) be capable of forming a legally binding agreement; and (iii) demonstrate the intention and capacity to utilise the Services provided on the Platform by the Service Providers, Verified Partners, and the Company, effectively.

If a Customer is under the age of 18, it shall be deemed that such Customer is accessing the Platform with the consent and under the supervision of a parent or legal guardian, who shall be responsible for the Customer’s actions and compliance with these Terms.

Customers must ensure that their use of the Platform and Services complies with all Applicable Laws, including ABDM and relevant guidelines.

Service Providers:

To be eligible to register and offer any healthcare services on the Platform, a Service Provider must:

be at least 18 years old and capable of entering into a legally binding agreement;

demonstrate the intention and capacity to utilise our Platform and Services effectively;

if a legal entity, be duly incorporated or registered under Applicable Law in India, and be represented by an Authorised User with the authority to accept and comply with these Terms on behalf of the entity;

be duly authorised to provide the specific category of healthcare, wellness, or related services it proposes to offer through the Platform;

hold all valid, current, and appropriate licenses, registrations, approvals, or certifications required under Applicable Laws for the type of service offered;

complete the onboarding process as prescribed by the Company, including but not limited to ABDM-issued ID (if applicable), KYC verification, submission of supporting documentation, and periodic renewal or validation of licenses and certifications; and

ensure that their use of the Platform and provision of Services remains fully compliant with all Applicable Laws, medical ethics, and regulatory standards.

Prohibited Users:

Individuals under 18 years old : Minors under the age of 18 are not eligible to use our Platform and/ or Services. If you are under 18, please refrain from using our Platform without appropriate parental or guardian consent.

Users previously barred from using the Services : Users who have been previously suspended or prohibited from accessing our Services by us or any competent authority are not allowed to use our Platform.

Users Engaging in Illegal Activities : Individuals or entities engaged in or intending to engage in any activity that is illegal under Applicable Law, including but not limited to fraud, money laundering, and terrorism financing.

HOW CAN YOU ACCESS OUR PLATFORM AND SERVICES?

Account Registration and Verification:

To access and use the Services, you must register by creating a User account (the “ Account ”). The registration process and the type of information required may vary depending on whether you are registering as a Customer or a Service Provider, as set out below:

For Customers: Customers must register through the ABDM framework by creating an ABHA ID. ABHA creation involves Aadhaar-based eKYC verification and submission of a valid email ID and mobile number for One Time Password (OTP)-based authentication. Login to the Platform is enabled through OTP-based login or password, in accordance with ABDM authentication protocols.

For Service Providers:

Individual healthcare professionals, such as doctors or registered medical professionals, must register through ABDM’s Healthcare Professional Registry (HPR) by obtaining a valid HPR-ID.

Clinics, hospitals, and other healthcare establishments must register through ABDM’s Health Facility Registry (HFR) and obtain a valid HFR-ID, as applicable.

Service Providers such as pharmacies, diagnostic labs, and sexual wellness brands must register using (i) basic business KYC documents (e.g., PAN, GSTIN, business registration certificates); (ii) verification of mandatory licenses as enumerated in Annexure A; and (iii) bank account details for payouts or financial transactions.

You are solely responsible for maintaining the confidentiality of your Account credentials, including passwords and OTPs and are liable for all activities conducted under the Account. If you have previously registered, you should log in/sign in to your Account using the same ABHA-ID, HPR-ID, or email ID, as applicable, provided during the initial registration process. Please note that there is no fee required to register on the Platform. However, we reserve the right to introduce registration or subscription fees in the future, at our sole discretion, with prior notice to Users.

Unregistered individuals may be permitted to access and browse certain publicly available sections or features of the Platform. However, to avail of any functional feature, such as placing orders, booking appointments, initiating a service request, or accessing the contact information of any Service Provider, registration and creation of a user account on the Platform are mandatory.

Access to Services:

Once your Account is successfully created and verified, you will gain access to a user-specific interface that allows you to utilise the Services. This enables you to view, manage, and interact with the Platform’s features and functionalities relevant to your role as a Customer or Service Provider. The scope and content of such interface may vary depending on the type of User, as set out below:

For Customers :

Upon successful registration and authentication, Customers will be granted access to a personalised user interface through which they may browse, request, and utilise a range of Services made available on the Platform, including teleconsultations with doctors, diagnostic testing services, procurement of medicines and wellness products, insurance facilitation, and access to homecare and emergency services such as ambulance and SOS features.

Customers may, at their discretion, update and manage their health profile information through the Platform, including but not limited to blood group, medical history, lifestyle indicators, and blood donor status. Customers may also upload, store, access, and share medical records, including prescriptions, diagnostic reports, and other health-related documents, either through integration with their ABHA ID or otherwise.

The Customer interface is dynamic and may be modified, enhanced, or expanded by the Company from time to time, to include additional features, services, or regulatory compliance requirements. Continued access to such interface and Services shall remain subject to the fulfilment of all applicable verification protocols, including but not limited to ABHA generation and OTP-based authentication.

For Service Providers :

Upon successful registration and verification, Service Providers will be granted access to a user-specific interface through which they may list and manage their services and/or products on the Platform, subject to Applicable Law and compliance with these Terms.

Service Providers are required to upload their financial information and link their bank accounts via the Platform to enable payments and refunds. The features available through the interface are tailored to the operational and regulatory needs of each category of Service Provider and may evolve to accommodate additional verification protocols, reporting requirements, or integration with national health initiatives such as ABDM.

The interface enables the following:

Doctors or registered medical professionals may list their profiles for teleconsultation services, including qualifications, specialisation, consultation fees, and availability schedule. They may issue digital prescriptions, view consultation history, and, where authorised, access or update patient health records linked via ABHA.

The diagnostic laboratories may list diagnostic tests and packages offered, along with pricing, sample collection methods (home/clinic), and turnaround times. Labs may manage orders, update test results, and issue diagnostic reports through the Platform in accordance with data protection norms and ABDM standards, if applicable.

Pharmacies may list pharmaceutical products, including prescription drugs, over-the-counter medications, wellness supplements, and medical devices. The interface allows prescription uploads by Customers, validation before dispensing, and management of delivery and fulfilment notifications. Pricing and return/refund policies must be clearly disclosed.

Sexual wellness brands may list their products, such as contraceptives, lubricants, hygiene products, massagers, vibrators, and other permitted products, along with details on pricing, delivery timelines, and applicable cancellation, return, and refund policies.

Account Access; Roles and Permissions:

As the primary Account holder, you may designate one or more Authorised Users and/or administrators who will have access to your Account. These individuals are empowered to configure the Services to meet your or your organisation’s needs. All activities conducted by Authorised Users and/or administrators will be considered to have occurred on behalf of the primary account holder unless specifically stated otherwise.

Authorised Users and administrators are assigned specific roles and permissions, with all actions performed on behalf of the primary Account holder. The primary Account holder is responsible for managing these roles, ensuring they align with the organisation's needs, and retaining full responsibility for all activities on the Platform. These Terms also apply to Authorised Users and administrators.

You are responsible for (i) maintaining the confidentiality of your organisation's Account password, (ii) appointing competent individuals as Authorised Users and administrators to manage your Account, and (iii) ensuring that all activities associated with your Account comply with these Terms. Please note that the Platform is not responsible for the Authorised Users, administrators and internal management of the Services on your behalf.

Please note that these Terms also apply to Authorised Users and administrators, and they must adhere to the terms and conditions outlined herein. To maintain the security and integrity of the Platform, it is essential to keep the login credentials confidential and only grant access to individuals you trust. We recommend carefully considering the roles and permissions assigned to Authorised Users and administrators, ensuring that they align with their respective responsibilities and duties within the organisation.

Users Responsibilities:

You agree:

that your country of residence and/or your organisation’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

to fully comply with all Applicable Laws and any other contractual terms that govern your use of the Platform and Services, including those specific laws applicable to you in any of your geographical locations, and to use the Services only for lawful purposes;

to take responsibility for all activities associated with your Account;

to regularly and autonomously ensure the preservation and backup of all your User Content and processed information concerning your Account and any Services, or third-party services utilised by you;

to provide your Account information accurately, and failure to maintain such accurate information, including having an invalid or expired payment method, may result in the inability to access and use the Services;

to not create an Account on behalf of anyone other than yourself without their permission. Additionally, using a username with the intent to impersonate another person, or using a username that is subject to the rights of someone else without proper authorisation, is not allowed;

to not assign or transfer your Account to any other person or entity;

to provide proof of identity to access or use the Services in certain cases. Refusal to provide proof of identity may result in denial of access to or use of the Services;

that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account, including, without limitation, situations where you have neglected to update your contact number and/or email address on the Platform;

that in the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account without incurring any liability to the Company for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision;

that you are responsible for ensuring that your hardware, software, and internet connection meet the technical requirements necessary to access and use the Platform and/or Services. We are not responsible for any issues arising from your failure to meet these requirements;

To take your own precautions to ensure that the computer systems used by you to access and use the Platform and Services do not expose your computer systems to any viruses, malicious computer code, or other forms of interference that may damage your computer system. We accept no responsibility for any loss or damage to them or anyone else which may arise out of, or in connection with, their access to, and use of the Platform and our Services;

to make sure that the device that you use is compatible with our system/software to use the Platform and avail of the Services offered therein; and

that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of the Authorised Users, or your compliance therewith.

Account Security and Update:

You are responsible for safeguarding your Account credentials and preventing unauthorised access to your Account. Any unauthorised use of an Account must be reported to the Company immediately for investigation.

If you suspect that unauthorised access has been made to your Account, you must notify us immediately by email at support@kokoro.plus. We will investigate any alleged unauthorised Account activity. Notwithstanding any other terms pertaining to our right to disable or block access to your Account, we reserve the right to disable or block your Account at any time when it is suspected that unauthorised access has been made to your Account.

If you share or allow others to have access to your Account, you assume exclusive liability and responsibility for all activities conducted on your Account, as well as any resulting consequences.

You acknowledge and agree that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your Account.

Account Suspension and/or Deletion:

You agree to promptly inform us of any unauthorised use of your Account. In the event of a suspected security breach or misuse of your Account, we reserve the right to suspend your Account without incurring any liability to the Company for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision.

You shall be solely responsible for the accuracy and correctness of all such details/information given by you during Account setup or during the utilisation of our Services. If we have reason to doubt the correctness of any details/information furnished by you or in case any information furnished by you is found incorrect, false, or misleading, we reserve the right to cancel or suspend the registration of the User permanently or for such period as we deem fit.

ORDERS, BOOKINGS, SALES & FULFILMENT

General Applicability:

This Clause governs all bookings, purchases, and orders made through the Platform, including but not limited to teleconsultations, diagnostic tests, pharmacy and wellness product orders, homecare services, emergency assistance, and insurance discovery or facilitation (collectively, the “ Service Transactions ”).

By placing an order or booking a service through the Platform, you agree to comply with these Terms as well as the specific operational and commercial terms set forth in the relevant annexures to these Terms (the “ Annexures ”), each of which form an integral part of these Terms.

We act as a facilitator and intermediary for the provision of medical, diagnostic, emergency, and insurance-related Services listed on the Platform, which are fulfilled by the Service Providers or Verified Partners. We do not directly provide or deliver Such services or products unless explicitly specified. Our role is limited to enabling access to these Services through the Platform.

Placing Orders and Booking Services:

Customers must ensure that all information provided during the placement of an order or booking is true, accurate, current, and complete, including any medical prescriptions, identity/KYC details, insurance information, contact details, and service preferences, where applicable.

Acceptance of an order or booking is subject to confirmation by the relevant Service Provider. We reserve the right to reject or cancel any order or booking due to unavailability, regulatory restrictions, technical issues, suspicious activity, or at our sole discretion.

Fulfilment of Orders and Services:

Orders and service bookings will be fulfilled either directly by the Service Provider or through verified logistics or operational partners acting on behalf of the Company.

Delivery timelines, appointment windows, and service hours may vary based on service category, location, Authorised Personnel availability, and other factors. While we strive to ensure timely fulfilment, delays may occur, and we shall not be liable for such delays unless caused solely due to our gross negligence or wilful misconduct.

Cancellations and Refunds:

Cancellation and refund eligibility are subject to the specific policies set out in the applicable Annexure. In general:

Services that have already been fulfilled, partially used, or where cancellation is not permitted by Applicable Law may not be eligible for refund;

Refunds, where applicable, will be processed in accordance with our Refund Policy and Applicable Laws.

Kokoro Plus reserves the right to cancel or reschedule Services or orders in case of operational constraints or regulatory non-compliance.

Offers, Coupons, and Discounts:

Offers, coupon codes, and promotional discounts are subject to availability, eligibility criteria, and validity terms. These may be modified, withdrawn, or suspended at our discretion without prior notice. Multiple offers may not be clubbed unless expressly permitted.

Availability and Delays:

All Services and products listed on the Platform are subject to availability. Display of a Service or product does not guarantee that it will be available at the time of booking or delivery.

We disclaim liability for any failure or delay in providing Services due to external factors such as Service Providers’ unavailability or delays at the end of the Verified Partners, public emergencies, regulatory issues, force majeure events, or system/network interruptions.

Annexures for Service-Specific Terms:

Service-specific commercial and operational terms, including fulfilment mechanisms, cancellation and refund conditions, usage restrictions, disclaimers, and legal disclosures, are provided in the Annexures listed below:

Annexure A: Teleconsultation Services

Annexure B: Diagnostic/Lab Services

Annexure C: Pharmacy and Wellness Product Orders

Annexure D: Homecare and Emergency Services

Annexure E: Insurance Discovery and Facilitation

In the event of any inconsistency between this Clause and the applicable Annexure, the terms of the relevant Annexure shall prevail for that particular service.

WHAT ARE THE SERVICE FEES AND PAYMENT TERMS?

For Customers:

You acknowledge that the registration on the Platform is free of charge. However, we reserve the right to introduce a paid access model, including but not limited to a subscription plan, freemium model, or premium features, at our sole discretion. In the event of such a change, Customers shall be provided with prior notice through the Platform, along with applicable pricing, payment methods, and refund policies. Customers will not be charged for any paid features unless they explicitly opt in and provide payment details. Customers are responsible for reviewing and agreeing to such policies before making any payments.

When a Customer places an order or books a service appointment via the Platform, an invoice is generated by the respective Service Provider using Platform functionalities. Customers agree to pay the amount payable, whether full or partial, as per the pricing and payment policies applicable to such services or products, through the Payment Processor integrated in the Platform.

In case of group insurance plans made available through the Platform, Customers may be offered the option to voluntarily enrol and pay the applicable premium amount, either one-time or on a recurring basis, as specified by the insurer. Such payments shall be collected via the integrated Payment Processor solely on behalf of the insurer. All policy documents, acknowledgements, and receipts shall be issued directly by the insurer. Any issues, delays, disputes, or refund requests related to such insurance payments shall be governed by the insurer’s terms and must be addressed directly with them.

You understand and agree that the Platform solely acts as an intermediary, enabling interactions between Users. The Platform does not process, manage, or facilitate payments directly. You further understand that the Platform does not mediate, track, verify, or assume responsibility for payment transactions between the parties.

Users bear full responsibility for ensuring the timely and accurate completion of payment transactions. Any disputes, including but not limited to refunds or payment failures, are to be resolved directly between the Users. The Platform shall not mediate or assume any responsibility for such disputes.

For Service Providers:

The Service Providers acknowledge and agree that the Platform shall charge a predetermined service fee (“ Service Fees ”) from them. The Service Fees may vary depending on factors such as the type of products and services offered and other criteria specified by the Company during the Service Provider onboarding process and may be periodically updated upon prior notice.

All payments made by Customers via the Platform are routed through a third-party Payment Processor.

The Platform shall deduct applicable Service Fees at the time of settlement and remit the net amount to the Service Provider in accordance with the settlement schedule, as detailed in this Clause, subject to Payment Processor terms.

For record-keeping and compliance purposes, the Company shall issue a consolidated invoice to each Service Provider at the end of every quarter detailing the Service Fees deducted during that period. The Service Provider acknowledges and agrees that such deductions are final unless a legitimate discrepancy is raised in writing within a stipulated review period, not exceeding 7 days from invoice issuance.

The standard Service Fees and corresponding settlement terms for various categories of Service Providers are part of the Commercial Terms for the respective service providers:

The Platform reserves the right to revise the Service Fees and/or settlement terms at any time at its sole discretion, with prior notice.

The Platform may apply different settlement terms to different clusters or cohorts of Service Providers within the same category (e.g., some doctors may receive daily settlements, while others may receive weekly or monthly settlements).

Promotional or advertising activities conducted by or on behalf of a Service Provider on the Platform may attract additional charges, as may be communicated by the Platform from time to time.

Listing fees may be levied for certain categories of Service Providers, at the sole discretion of the Platform, and such fees may be revised periodically.

The Platform reserves the right to impose penalties for frequent cancellations, non-fulfilment, or inferior operational performance by Service Providers. Such penalties may be determined and updated by the Platform from time to time

Payment Terms:

You are authorised to use valid credit/debit cards or any other accepted payment methods, including online banking facilities, for transactional activities on our Platform. You are required to provide accurate and complete details of your credit/debit cards, Unified Payment Interface (UPI) details (if applicable) or online banking accounts. It is your responsibility to ensure the correctness of the information provided, and any incurred costs, expenses, losses, or damages resulting from the submission of incorrect details are solely your responsibility.

We disclaim any responsibility and liability for any loss or damage incurred by you during the utilisation of available payment methods on the Platform. This includes but is not limited to instances such as:

Lack of authorisation for a transaction;

Exceeding the mutually agreed preset limit between you and the respective bank;

Payment issues arising from the transaction, and/or

Transaction being declined due to any other reasons.

All payments made against the purchases on the Platform by you shall be compulsorily in Indian Rupee (INR) . The Platform will not facilitate transactions concerning any other form of currency with respect to the purchases made on the Platform. If you choose to pay using a different currency, the applicable conversion rate will apply, and any conversion costs will be borne by you alone.

Users understand that to the extent permitted by law (and unless specified otherwise by us in writing), all prices and Service Fees are exclusive of any taxes (including but not limited to Goods and Services Tax (GST), Value Added Tax (VAT), or other local taxes), levies, or duties imposed by relevant authorities (“ Taxes ”), and Users shall be responsible for payment of all applicable Taxes relating to their use of the Services, or to any payments made by them. We recommend that Users verify the existence of any additional fees they may be charged by third parties in connection with the purchase of paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). We are not responsible for any such additional fees or costs.

We use Razorpay as a provider of payment gateway services (“ Payment Processor ”) on the Platform. You acknowledge and agree that any payment made on the Platform shall also be subject to the terms and conditions of Razorpay.

By accepting these Terms, you expressly authorise us and the Payment Processor to electronically collect, process, facilitate, and remit payments, including the transaction amount for the orders placed, through electronic means on the Platform.

You acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor a financial service. Instead, we function as a facilitator, offering an electronic, automated online payment and remittance facility for transactions on the Platform through the existing authorised banking infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction, thereby absolving ourselves from such responsibilities.

Pursuant to our Privacy Policy, you acknowledge and expressly consent to the sharing of your information, including personal data (such as name, contact details, IP address, transaction amount, payment method, and other relevant details), with the Payment Processor and its affiliates for the following limited and lawful purposes:

to enable the Payment Processor to process payments and provide services to us and to you as a Platform User;

to allow the Payment Processor to disclose such information to relevant governmental, regulatory, or law enforcement authorities, including in response to legal orders or notices issued under applicable laws;

to enable transaction tracking, auditing, and fraud detection and prevention mechanisms; and

to comply with applicable legal, regulatory, tax, and data retention obligations.

You understand that Razorpay and its affiliates may process your data in accordance with their own privacy policies and legal obligations, and we are not responsible for their data processing activities beyond what is necessary to facilitate the transaction.

We affirm that the information provided by you in this regard will be treated as confidential and will not be divulged to any third party, except as necessitated by the applicable laws, regulations, and/or processes of any government authority, and/or in connection with any judicial proceedings pertaining to legal actions, suits, and/or proceedings arising from or related to these Terms.

We diligently report and pursue both confirmed and suspected instances of credit/debit card fraud. We may request additional authorisation from you, and the decision to seek further authorisation rests solely with us. We retain the right to annul, postpone, decline delivery, or retract any transaction in case of suspected fraud. We shall not be held liable to you for any losses arising from such cancellation.

During the transaction process, we collect specific information such as user ID, time, date, IP address, and other relevant details aimed at identifying individuals involved in fraudulent activities. In cases where a transaction is suspected to be fraudulent, all records will be provided, with or without a notice, to law enforcement agencies and the credit/debit card company for a thorough fraud investigation. We are committed to collaborating with authorities to ensure the prosecution of offenders to the maximum extent permitted by law.

You can manage your payment settings through your Accounts. Payments are processed securely through the Platform's designated payment gateway.

We reserve the right to periodically review and adjust pricing terms and Service Fees to adapt to market dynamics and service enhancements. You will receive timely notifications regarding any changes, and updates will be accessible through the Platform, but this will not affect payment for Services that have been previously paid.

You agree not to hold us liable for payments that do not reach us because they have quoted incorrect payment information or the Payment Processor refused the payment for any other reason.

The Platform will utilise the Payment Processor for all chargebacks. If the same is approved by the Company, the refund will be processed to the original source of payment, with transaction charges deducted.

Chargeback Policy:

The following terms constitute the “ Chargeback Policy ”:

If at any time, we record a decline, chargeback, or other rejection of a charge for any payable amounts and Service Fees due directly to our Platform, on the User's Account (“ Chargeback ”), this will be considered a breach of their payment obligations hereunder. Consequently, their access to our Platform and Services may be automatically disabled or terminated.

If a Chargeback is initiated, the Account may be blocked without the option to reuse it. Furthermore, any data contained within their Account may be subject to deletion as detailed in our Privacy Policy.

Users’ access to our Platform will remain suspended until all the payable amounts or Service Fees and other applicable fees, are settled in full. This includes covering any fees and expenses incurred by us or any third-party services due to the Chargeback, encompassing charges for services provided before the occurrence of the Chargeback, as well as handling and processing fees incurred by the Payment Processor.

If any Users have any inquiries or concerns regarding a payment made to our Platform, we strongly recommend reaching out to us at support@kokoro.plus before initiating a Chargeback or reversing the payment. This proactive step helps prevent the cancellation of Services and the blocking of the Account. Additionally, it helps avoid unwarranted or erroneous Chargebacks, which could result in their liability for applicable fees. In such cases, Users may be required to repay all amounts or fees associated with the Services and subsequently be charged back.

We retain the right to dispute any Chargeback received. This may involve providing the relevant credit card company or financial institution with pertinent information and documentation demonstrating that you authorised the transaction and received or utilised the rendered services.

WHAT ARE THE USER CONTENT GUIDELINES?

In utilising the Platform and/or Services, you may upload, post, provide, display, submit, link to, or otherwise share your User Content. By doing so, you provide us with a worldwide, irrevocable, non-exclusive, royalty-free licence to employ, reproduce, store, publish and distribute User Content within the operational scope of the Platform's functionalities and our Services. This includes but is not limited to processing your User Content to deliver you Services and for promotional and advertising purposes across any media now known or hereafter devised. You acknowledge that we may utilise any User Content you publish on the Platform, consistent with our Privacy Policy, and you shall not be entitled to any payment or other compensation for such use. It’s your responsibility to ensure that the User Content abides by Applicable Laws, including Data Protection Laws and Medical Laws, and any agreement entered into. We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of User Content, or for any harm resulting from third-party websites. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

User Content must comply with the Content Standards set out in this Clause. User Content must not-

contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, or our Privacy Policy;

be likely to deceive any person;

promote any illegal activity, or advocate, promote, or assist any unlawful act;

cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

impersonate any person, or misrepresent your identity or affiliation with any person or organisation;

involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and

give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

You acknowledge and agree that you are solely responsible for any User Content uploaded, submitted, or published on the Platform, including but not limited to any text, images, or other materials, whether by you personally or through your Authorised Users. You represent and warrant that you have all necessary rights, licences, consents, and permissions to process, store, collect, post, transmit, and publish such content and that it does not infringe on any third-party rights, including intellectual property rights.

You confirm that you possess and will continue to maintain the complete authority, ownership, licenses, consents, and permissions necessary to authorise Platform to access User Platform or any part thereof. This authorisation allows for the importing, exporting, copying, displaying, uploading, publishing, transmitting, and/or any other utilisation of your User Content.

You acknowledge that we may or may not pre-screen all or any part of the User Content. However, we retain the right (but are not obligated) to pre-screen, refuse, or remove any User Content and/or products from the Platform at any time, for any reason. This includes, but is not limited to, instances where we receive claims, allegations, or complaints from third parties and/or authorities related to such User Content, or for no reason at all. However, we do not endorse or guarantee the accuracy, completeness, or reliability of any User Content.

You agree that the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you reside.

You agree and allow us to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this Clause.

Feedback : The following terms constitute “ Feedback Policy ”:

In order to improve consumer experience, the Platform may implement a mechanism to rate and provide reviews regarding the Service Providers and their services and products on the Platform, and such information shall be available publicly on the Platform.

The Customers may leave ratings and reviews on the products and services. The Company shall not bear any responsibility for any adverse comment or rating of the services and products on the Platform.

If you provide us with any suggestions, comments or other feedback relating to our Services and/or Platform, which may or may not be subject to any Intellectual Property rights (“ Feedback ”), such Feedback shall be exclusively owned by our Company. By providing such Feedback to us, you acknowledge and agree that it may be used by us in order to: (i) further develop, customize, and improve our Platform and Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Platform-related notices and/or interview requests based on your ratings and Feedback or otherwise, (iv) facilitate, sponsor, and offer certain promotions, and monitor performance, (v) create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our Platform and Services, (vi) enhance our data security and fraud prevention capabilities, and (vii) comply with any Applicable Laws and regulations, or for any other purpose.

We may use such Feedback for any purpose without any compensation or obligation to you. We reserve the right to post Feedback or remove any Feedback posted in our public forums for any reason at our sole discretion.

In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to us any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

Company’s Intellectual Property:

All rights, title, and interest in and to the Platform and Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any Applicable Law (including any artwork, graphics, images, website templates, and widgets, literary work, source, and object code, software, computer code, including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Platform or Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “ Company’s Intellectual Property ”), and any derivations thereof, are owned by and/or licensed to the Company.

Users acknowledge that no ownership of the Platform is being transferred. All rights, Intellectual Property, and interests in the Platform remain the exclusive property of the Company, its affiliates, or its licensors.

Subject to the provisions of these Terms, we grant the Users a limited, non-exclusive, non-transferable licence to access and use our Platform and/or Services strictly for their intended purposes. This licence explicitly does not confer any ownership rights to you or Users, and any unauthorised use constitutes a material breach of these Terms.

ALL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE MATERIAL ON OUR PLATFORM ARE RESERVED.

All intellectual property rights discovered, developed, or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Platform or the provision of any Services will automatically vest in and are assigned to us, including any enhancements, improvements, and modifications to the intellectual property. Users must not represent to anyone or in any manner whatsoever that they are the proprietor of the Platform and/or intellectual property.

We respect the intellectual property rights of others, and Users are expected to do the same. Uploading, posting, or otherwise transmitting any content that infringes on the Company's or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content from our Platform and take legal action if necessary.

Users are not permitted to reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform, and/or Services except as expressly permitted by the Company, except as follows:

Your computer/mobile device may store copies of such materials in RAM, incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser/mobile operating system for display enhancement purposes.

You may print, take a screenshot of, or download a reasonable number of pages of our Platform for your own personal use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or official use, provided you agree to be bound by our end-user license agreement, if any, for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Platform.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.

These Terms do not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.

Use of your Intellectual Property:

You retain ownership rights to the User Content. However, you are responsible for ensuring that the User Content complies with Applicable Laws, including obtaining necessary permissions to collect, process, or share such information. The Company disclaims liability for any disputes arising from unauthorised use of User Content by any other User.

By providing us with User Content, you grant us a worldwide, royalty-free, non-exclusive, perpetual and sublicensable licence to (i) reproduce, distribute, display, publish, make available online or otherwise electronically transmit such User Content through our Platform, (ii) to store and/or retain such User Content in order to facilitate the Services. To the extent that any User Content includes Personal Information of any User or third party, it will be handled in accordance with our Privacy Policy.

You understand that to provide and enhance our Services, we may need to access, upload, and copy the User Content to our Platform and related infrastructure, including third-party services. These actions may involve the use of cloud services and content delivery networks (CDNs) for technical purposes such as backup duplication, software tool training, content delivery, and other technical actions.

You acknowledge and agree that if you elect to upload any User Content to our Platform, you:

represent and warrant that you either have the rights in such User Content or have the necessary permission to upload, post, transmit or otherwise make available that User Content via the Platform;

are solely responsible for that User Content and that we will not be liable for any loss, expenses, liabilities, costs, or damages that are caused by the information you provide on the Platform; and

you have procured all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Platform or the Services to you.

You further agree that we may refer to you, your business name, publish your logo and/or trademark, and make reference to you as a consumer or client of ours in any communications or publications for the purposes of marketing or promoting our business, provided that any proposed communication or reference is notified in writing to you.

HOW TO REPORT INTELLECTUAL PROPERTY INFRINGEMENT?

Intellectual Property Infringement Claims:

We respect the intellectual property rights of others and are committed to investigating and addressing allegations of intellectual property infringement promptly. We provide tools and clear procedures for Users to report any content they believe infringes on their intellectual property rights.

Users agree not to upload or transmit any communications or User Content that infringes or violates the rights of any party while using the Platform. We do not permit infringing materials to remain on the Platform and encourage Users to promptly notify us if they believe any materials on the Platform, including advertisements or linked User Content, infringe third-party intellectual property.

If Users believe that their intellectual property is being infringed on the Platform, they may submit an infringement notice (“ Infringement Notice ”). We will respond in accordance with Applicable Laws, including Copyright Act 1957, Trade Marks Act 1999, and other relevant legislations. Users must provide us with the following detailed information to ensure a thorough review and response:

Clearly identify the location of the allegedly infringing content, including the specific URL or link where the work is located.

Provide comprehensive information about your intellectual property rights, including:

The trademarked word(s) or symbol(s);

The trademark registration number(s);

A direct link to the trademark record(s), if available;

Identification of your copyrighted work and a description of what is protected under the copyright(s) you are referring to;

Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered;

Proof of your copyright ownership, such as the registration number or a copy of the registration certificate; and/or

Any other relevant information about the allegedly infringed intellectual property.

Include documentation or evidence that substantiates your ownership of the intellectual property in question. This can be registration certificates, documentation of first use, or other relevant proof.

Provide your full contact information, including your name, physical address, email address, and telephone number.

Specify your relationship to the intellectual property holder. Indicate whether you are the trademark holder or an authorised representative of the holder.

A statement asserting that you have a good faith belief that the use of the material in the manner complained of is not authorised by the intellectual property owner, its agent, or the law.

A declaration that the information provided in the notice is accurate and that you are the intellectual property owner or authorised to act on behalf of the owner.

Your physical or electronic signature.

To report intellectual property infringement claims, please send an Infringement Notice to support@kokoro.plus.

Upon receipt of a proper Infringement Notice of claimed infringement under the Applicable Law, we will respond promptly to remove or disable access to the allegedly infringing material. We will follow the procedures specified by the Applicable Law to resolve the claim between the notifying party and the alleged infringer responsible for the content.

The Platform shall not be liable to any User or third party for the removal, modification, or unavailability of any content in response to such complaints or legal obligations. Users agree that any takedown initiated as a result of a bona fide third-party complaint or regulatory requirement shall not give rise to any liability, claim, or remedy against the Platform.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing. If we remove or disable access, we will attempt to contact the poster of the allegedly infringing material so that the poster may provide a counter notification (the “ Counter Notice ”) as described in Clause 12.2.

Counter Notice Procedure:

If you believe that your content was removed or disabled due to a mistake or misidentification, you may file a Counter Notice. A valid Counter Notice must include the following information:

The specific content that was removed or to which access was disabled, including the location where the material appeared before it was removed or disabled.

Include a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

Provide your name, address, and telephone number.

State that you consent to the jurisdiction of the courts of India and that you will accept service of process from the person who provided the original notification of infringement.

Your physical or electronic signature.

Submit your Counter-Notice to us at support@kokoro.plus . Once we receive a valid Counter Notice, we will forward it to the party who submitted the original infringement notice. If the original complainant does not file an action seeking a court order against you within 15 Business Days, we may restore the removed content.

Repeated Infringers: In accordance with our Privacy Policy, we reserve the right to disable or terminate the Accounts of Users who are found to be repeat infringers under appropriate circumstances.

WHAT IS OUR FAIR USAGE POLICY?

We are committed to maintaining a safe, respectful, and compliant environment for all Users of the Platform. All Users must use the Platform in accordance with this Fair Usage Policy (the “ Fair Usage Policy ”), the Applicable Laws, and the specific requirements outlined in Clause 15 and other relevant Clauses of these Terms

Profanity Policy:

We strictly prohibit the use of racist, abusive, defamatory, obscene, sexual, or otherwise offensive language in any public area on the Platform, whether written or spoken. This policy encompasses listing content, Feedback, reviews, support interactions and all other sections of the Platform that other users may view. You are encouraged to report any violations of this policy for prompt review, including, without limitation:

offensive display names; and/or

offensive language in a listing or otherwise.

If any Feedback, review, comments, communication between Users on the Platform, or email exchange related to transactions conducted on the Platform includes profanity, you are encouraged to submit a formal request at support@kokoro.plus.

Email/Notification Abuse and Threat Policy:

We do not regulate private communication, including email correspondence, video calls and chat support, that is conducted by you. We strongly encourage you to maintain a professional, courteous, and respectful tone when communicating. While we generally do not intervene in private communications, we will thoroughly investigate and take appropriate action against certain types of unwanted emails and communications that violate any or all of our policies.

One such violation includes, without limitation, spoof or fake emails. It is essential to note that we will never request sensitive information from you through email. If you ever receive a spoof email claiming to be from us and asking for sensitive information, we urge you to promptly report it to us at support@kokoro.plus for further investigation and necessary action.

Claims Against Objectionable Content:

Service Providers are responsible for ensuring that all service and product listings are accurate, compliant, and transparent. This includes:

displaying the total price in a single figure for any goods or services, along with the breakup of the price, displaying all mandatory and voluntary charges such as delivery charges and applicable taxes, as applicable. These details will also be available on the invoice issued to you;

including mandatory notices, disclosures and information mandated by all Applicable Laws;

indicating origin and importer information and guarantees related to the authenticity or genuineness of the imported services and products;

If you encounter objectionable content, including content that falls within these Terms, please contact us at support@kokoro.plus.

Platform Usage Expectations:

Users must use the Platform in good faith and for lawful purposes only. Use of the Services should align with the nature of the specific Services accessed, such as healthcare consultations, lab testing, ordering of medicines, homecare support, insurance issuance, etc., and should not place unreasonable or excessive demand on the Platform’s infrastructure or ecosystem.

Customers must refrain from:

excessive or repeated appointment bookings followed by cancellations;

placing an order intended to test pricing, delivery, or system vulnerabilities;

abusing the refund mechanisms or user support;

uploading false, outdated, or irrelevant health documents; and/or

any actions that may disrupt the Services or adversely affect other Users.

Service Providers must:

keep all listings and service details accurate, current, complete, and compliant with Applicable Laws;

avoid repeated and unjustified rejections of appointments or orders;

display mandatory legal information, including but not limited to prices, taxes, license numbers, and disclaimers; and/or

ensure ongoing compliance with these Terms and all relevant legal obligations.

Monitoring and Enforcement:

We reserve the right to monitor activity on the Platform to ensure compliance with this Fair Usage Policy. This includes metrics such as usage frequency, booking and cancellation rates, message volumes, interaction patterns, and other indicators of unusual or abusive usage.

In case of violations, we may issue warnings or temporarily restrict access to certain features or Services. If the violation by the User continues, then we shall suspend or terminate the User’s Account and access to the Platform and Services. We reserve the right to impose a reasonable fine, take any legal action, and/or report unlawful behaviour to the relevant authorities, if warranted.

WHAT CAN YOU DO AND WHAT IS A NO-GO WHEN USING OUR PLATFORM?

Subject to the compliance with these Terms, including the ' Prohibited Uses ' defined in Clause 11.7 below, we grant Users a non-exclusive, non-transferable, revocable licence to:

access our Platform and/or Services; and

download the User Content or any part of it, provided by them for utilising our Platform and/or Services.

Subject to compliance with these Terms, we may offer to provide the Services, as more comprehensively described on the Platform. These Services, selected by you, are intended solely for your own use and are not to be used or exploited for the benefit of any third party.

The provision of Services will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability or the accuracy of any content or User Content.

You agree to be polite and respectful when you communicate or interact with others on the Platform or otherwise. Communication must remain professional and purpose-driven.

You agree that you will refrain from uploading or publication of any misleading, harmful, unverified, or medically unsafe content. You are further prohibited from using the Platform for spamming, harassment, or unauthorised solicitation.

You agree not to compel others to create an Account, leave a review, or otherwise interact with a third-party website, application, or service unless authorised by us.

Prohibited Uses:

While using our Platform and/or Services, you consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming, hacking, and any actions that could disrupt the operations of our Platform.

While using our Platform and/or Services, you are strictly prohibited from assuming the identity of others, indulging in any conduct that may falsely represent their identity.

While using our Platform, you are strictly prohibited from purchasing search engines or other pay-per-click keywords (such as Google AdWords), or domain names that use the name 'Kokoro' or Kokoro's trademarks and/or variations and misspellings thereof.

You shall not edit or otherwise modify any material on our Platform unless you own or control the relevant rights in the material.

You are prohibited from probing, scanning, or testing the vulnerability of our Platform without our permission.

You agree not to submit, transmit, or display any User Content, or use in a context, that may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of our Platform or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.

You agree not to publish and/or make any use of our Platform and/or Services on any website, media, network, or system other than those provided by the Company, and/or frame, “deep link”, “page-scrape”, mirror, and/or create a browser or border environment around any of the Services, our Platform (or any part thereof), except as expressly permitted by the Company, in advance and in writing.

You are prohibited from using our Platform and/ or Services to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You are prohibited from decrypting or deciphering any communications sent by or to our Platform without our permission.

You shall not conduct any systematic or automated data collection activities, which include, without limitation, scraping, data mining, data extraction, and data harvesting on or in relation to our Platform and/or Services without our express written consent.

You shall not use our Platform or Services except by means of the public interfaces.

You shall not use data collected from our Platform and/or Services for any direct marketing activity, including, without limitation, email marketing, SMS marketing, telemarketing, and direct mailing, without our express written consent.

You agree not to remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and our Platform.

You must not do anything that interferes with the normal use of our Platform and/or Services.

You must not systematically retrieve Personal Information, data or other content from our Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

You must not engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

You are prohibited from copying, modifying, creating derivative works of, downloading, adapting, reverse engineering, emulating, migrating to another service, translating, compiling, decompiling, or disassembling our Platform and the Services (or any part thereof), any content offered by our Platform or third party services for use and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under these Terms.

Additional activities that are prohibited:

You may not access or use our Platform and/or our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

The Users of our Platform agree not to:

trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive information;

circumvent, disable, or otherwise interfere with security-related features of our Platform, including features that prevent or restrict the use or copying of any User Content or enforce limitations on the use of our Platform, Services and/or the User Content contained therein;

disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;

use any information obtained from our Platform and/or Services in order to harass, abuse, or harm another person;

make improper use of our Platform and/or Services or submit false reports of abuse or misconduct;

use the Services in a manner inconsistent with any applicable laws or regulations;

engage in unauthorised framing of or linking to the Services;

upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Platform and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Platform and/or Services;

attempt to impersonate another User or person or use the username of another User;

upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');

interfere with, disrupt, or create an undue burden on our Platform or the networks or services connected to them;

harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;

attempt to bypass any measures of our Platform and/or Services designed to prevent or restrict access to our Platform and/or Services, or any portion thereof;

copy or adapt the software of our Platform and/or Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Platform or use or launch any unauthorised script or other software;

make any unauthorised use of our Platform and/or Services, including collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited emails by automated means or under false pretences.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your access to our Platform and/or any Services provided to you, with or without further notice to you, and without any refund of amounts paid on account of any such Services.

USER REPRESENTATIONS

By using our Platform and/or Services, Users represent and warrant that:

all the information submitted on our Platform will be true, accurate, current, and complete. Users will maintain the accuracy of such information and promptly update such information as necessary;

Users have the legal capacity and they agree to comply with these Terms;

Users (i) are not minors in the jurisdiction in which they reside; (ii) have necessary parental or legal guardian’s consent, if below the age of 18; and (iii) are responsible for adhering to India's laws when accessing our Platform and utilising our Services;

the use of our Platform and/or Services shall be solely for the purposes of personal or professional use;

Users will not misrepresent or embellish the relationship between the Company and Users (including by expressing or implying that we support, sponsor, endorse, or contribute to them or their business endeavours). Users will not imply any relationship or affiliation between the Company and Users;

if Users register on our Platform as the representative of any entity, they represent that they are authorised to act on behalf of such entity and that such entity shall be bound to comply with these terms upon their acceptance of these Terms;

Users shall not access or use the Platform through automated means, including but not limited to bots, emulators, scrapers, virtual environments, or Artificial Intelligence tools, to bypass or manipulate any feature of the Platform. Any attempt to automate interactions, simulate user activity, extract information for illegal or unauthorised purposes or engage in any unauthorised modification of the Platform’s functionality is strictly prohibited;

Users will not use our Platform and/or Services for any illegal or unauthorised purpose; and

the use of our Platform and/or Services will comply with all Applicable Laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising).

IS THE COMPANY RESPONSIBLE FOR THIRD-PARTY WEBSITE INTEGRATIONS INTO THE PLATFORM?

The Users understand and acknowledge that we provide various tools, software and integration services to our Users through third-party service providers on our Platform. The Users acknowledge that in integrating such tools and integration services, our Platform collaborates with the related third-party service providers, and the Company in itself is not the distributor or retailer.

The User understands that to make use of tools and integration services, they may need to access the third-party website links provided by us on our Platform. The Users will then be redirected to the website of such third-party service providers. Users hereby acknowledge that when they access third-party websites, they do so at their own risk.

Users may be notified when they are leaving our Platform and redirected to access a third-party site or service. Additionally, we are not responsible for any content, advertisements, products, or other materials available on external sites or through integrated services.

Users understand that external websites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources.

We do not employ or affiliate with these third parties. We simply offer a directory for their reference, and the decision to engage with any such third party is solely at your discretion. We do not endorse, warrant, or assume any responsibility for the services, websites, or businesses of these third parties. The information provided on the Platform or in any responses to inquiries about such third parties is for informational purposes only and should not be interpreted as an affiliation, recommendation, or endorsement of any third party or their services.

Users acknowledge and agree that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.

Users are advised to exercise caution when navigating external websites and using the tools and integration services, and carefully review the terms and conditions and privacy policies of all off-website pages and other websites that they visit. Please read our Privacy Policy to know more about integrations with third-party service providers.

We reserve the right to modify or remove links to third-party websites and services at any time without notice. Continued use of our Platform constitutes acceptance of any modifications to the links provided.

Users acknowledge that we collaborate with external or third-party service providers to enhance the user experience. Any collaborative efforts aim to improve services but are subject to the terms and conditions agreed upon with the respective service providers.

IS USER INFORMATION COLLECTED SECURE?

Please take a moment to review our Privacy Policy, which governs not only Users’ visits to our Platform but also details the terms related to the collection of information from the Users, security measures, access to User data, and the transfer of User information. Rest assured, any Personal Information or data Users share with us while using our Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy and applicable Data Protection Laws. If any User has any objections to the transfer or use of their information, we kindly advise against using our Platform. The privacy and trust of our Users are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.

You agree that by using our Platform and/or Service, you hereby agree to comply with all applicable Data Protection Laws and other security and regulatory compliances in respect of any information that you make available on the Platform or otherwise collect from other Users of the Platform. You are responsible for protecting all Personal Information that you receive from or are provided with in connection with your use of the Platform or any of the Services.

ARE THE PLATFORM AND THE SERVICES AVAILABLE 24/7?

While we do our best to keep the Platform and Services up and running all the time, we can't promise it will always be perfect. Sometimes, there might be interruptions, delays, errors, or the Platform might not be free of viruses. If there are any problems, we'll try our best to fix them as soon as possible.

We strive to ensure compatibility with most devices, operating systems, and browsers, but we can’t guarantee flawless performance across all platforms. Periodic Updates or maintenance may be necessary, which could temporarily affect access to certain features or parts of the Platform.

You need an internet connection to use the Platform, and you are responsible for ensuring that your devices and connectivity are sufficient. We’re not responsible for any internet or data charges you may incur, including those from mobile networks or Wi-Fi providers.

You acknowledge and agree that we're not liable for any business losses or other indirect losses you might experience while using our Platform.

UNDER WHAT CIRCUMSTANCES MAY MODIFICATIONS AND INTERRUPTIONS OCCUR ON THE PLATFORM?

We reserve the right to change, modify, or remove the contents from the Platform and/or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the content, information on the Platform and Services at any time or for any reason without any notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform and/or Services during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

UNDER WHAT CIRCUMSTANCES MAY ACCESS TO THE PLATFORM AND/OR SERVICES BE TERMINATED?

These Terms shall remain in full force and effect while you use the Platform and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES AND/OR PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

We reserve the right to suspend or terminate your access to our Platform and/or Services and/or your Account, immediately if you fail to pay any outstanding payments or fees or any such other sum remains unpaid for 7 days following formal written demand for payment.

We reserve the right to deny access to the Platform, terminate Accounts, remove content, or disable any features or identifiers (whether chosen by you or assigned by us) at any time, if, in our judgment, any information you provide or actions you take violate the Platform policies, Applicable Laws, or governmental policies.

If we terminate or suspend your Account or your access to the Platform and/or Services for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, regardless of whether you act on their behalf. In addition to suspension or termination, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

Upon termination of your Account and/or access, you must immediately discontinue use of the Platform and Services. All licenses granted to you under these Terms automatically terminate, and you shall automatically forfeit the right to use the Platform.

We may terminate these Terms by providing written notice to you if you fail to remedy a material breach of these Terms within seven (7) days of being notified of the breach.

You may terminate your Account and/or cease using the Platform and the Services at any time by following the instructions provided on the Platform. However, if you are a Service Provider, such termination shall be subject to the fulfilment of all existing obligations, including but not limited to completion of accepted bookings or orders, processing of returns or refunds, responding to Customer queries, and settlement of any pending payments, disputes, or complaints in accordance with applicable policies. We reserve the right to retain certain data or account information as required under the Applicable Law or our Privacy Policies.

Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.

WARRANTIES AND DISCLAIMER

Subject to the provisions of these Terms and Annexures attached hereto:

THE PLATFORM AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY PLATFORMS OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

The Platform serves solely as a neutral facilitator, enabling Users to discover, connect with, and engage the services of third-party providers. We do not control, endorse, or assume responsibility for the content, purpose, or outcomes of any interaction or transaction, nor do we mediate communications or interactions between Users.

Any communication, agreements, transactions, or disputes between the Users occur independently of the Platform. Users are solely responsible for conducting their own due diligence, verifying identities, and complying with Applicable Laws, including those governing privacy, recording, and data sharing.

Utilisation of the Platform or Services does not create any agency, partnership, joint venture, or employment relationship between the Company and any User. We do not supervise or participate in any interaction and disclaim all liability arising from any attendance, non-attendance, cancellations, miscommunications, offensive content, unauthorised recordings, or other issues between Users.

Users acknowledge and agree that their use of the Platform and interaction with other Users are at their own risk. We will not be liable for any direct or indirect loss, damage, claim, or injury arising from or related to User interactions, whether online or offline.

Users agree not to bypass or circumvent the Platform or its features to avoid usage restrictions, Account controls, or applicable fees and payments. Any attempt to do so may result in suspension or termination of the involved Accounts, at our sole discretion.

In the event of a dispute between Users, we encourage both parties to resolve the matter through direct communication. While we do not mediate, arbitrate, or provide legal advice regarding disputes, it may allow Users to report fraudulent activity, scams, impersonation, or abusive conduct. We reserve the right, at our discretion, to review and take appropriate action, including but not limited to Account suspension, feature restrictions, or permanent removal of Users who are found to be in violation of Platform policies.

Service Providers acknowledge and agree that any content, data, documents, or personal information received from Customers through the Platform shall be used strictly for the purpose of delivering the Services as agreed. Service Providers are solely responsible for: (a) handling, processing, and storing such User Content in compliance with applicable Data Protection Laws; (b) ensuring that such information is not misused, disclosed, or shared with unauthorised third parties; and (c) taking appropriate technical and organisational measures to protect such User Content against loss, misuse, or unauthorised access.

The Company shall not be liable for any breach, misuse, or unauthorised handling of User Content by a Service Provider. Any such action or failure to act shall be the sole responsibility of the concerned Service Provider, and the Service Provider agrees to indemnify and hold the Company harmless against any resulting claims, losses, or liabilities.

You must exercise caution when interacting with individuals attempting to contact you via social media, phone, email, or any other electronic medium outside of the official communication channels of the Platform. You agree to remain vigilant against fraudulent or misleading offers from persons falsely claiming to represent, work with, or be affiliated with us, particularly if contacted from unofficial phone numbers, email addresses, or accounts. Before engaging with such individuals, you are solely responsible for verifying their authenticity using the official contact details provided on the Platform. We shall not be liable for any losses, damages, or consequences resulting from interactions with unauthorised persons or third-party solicitations.

You understand and agree that utilising Services and engaging with third-party services through the Platform involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include, but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.

Except as provided in these Terms, no further warranty, condition, undertaking, or term, express or implied, statutory or otherwise, as to the condition, quality, performance, or fitness for the purpose of the Platform provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded; and

We do not recommend the use of the Platform for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

LIMITATION OF LIABILITY

We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilisation or inability to utilise the Platform and/or Services.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform and/or Services, even if we have been advised of the possibility of such damages.

We shall not be liable for:

unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;

the Platform, not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;

malfunction, inadequate resources, third-party software or hardware conflicts;

internet transmissions, which are not entirely private or secure; messages may be read by others; and/or

under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the Platform and/or Services. You should be aware of potential risks in internet transmissions.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.

You further agree that neither party shall be liable to the other party for lost profit, lost revenue, incidental, indirect, consequential, special, or punitive damages, except for either party’s (i) indemnification obligations, (ii) confidentiality obligations, (iii) breach of applicable laws, (iv) fraud, gross negligence and/or willful misconduct.

Limitation of Liability for Data Loss :

You acknowledge and agree that, to the extent permitted by Applicable Law, the Company shall not be held liable for any loss, corruption, or unauthorised access to User data, including but not limited to any User Content uploaded, shared, submitted, or transmitted through our Platform and/or Services. We implement robust security measures to protect data; however, we cannot guarantee absolute security.

In the event of data loss, corruption, or breach, the Company will take reasonable steps to restore data from the latest backup. You understand and agree that it is your responsibility to maintain adequate backups of your data. The Company disclaims any liability for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to data loss, regardless of whether such damages were foreseeable and whether or not the Company has been advised of the possibility of such damages.

By using our Platform and/or Services, you expressly release the Company from any liability for data loss and agree to indemnify and hold us harmless from any claims, damages, or losses resulting from data loss.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In these jurisdictions, the Company’s liability will be limited to the greatest extent permitted by law.

INDEMNIFICATION

You are solely and exclusively responsible for the utilisation of our Platform and/or Services:

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

any User Content, or other material submitted, shared or displayed by you;

your use of the Platform, Services, and/or User Content;

any unauthorised access to or use of your Account by third parties due to your negligence or credential sharing;

your breach of these Terms, Fair Usage Policy, our Privacy Policy or any terms outlined in other policies;

any misrepresentation, inaccuracy, or omission in the information you provide during registration, profile completion, service booking, or content submission;

any breach of User representations and warranties set forth in these Terms;

your violation of the rights of other Users and a third party, including but not limited to intellectual property rights, publicity rights, or privacy rights;

any violation of applicable laws, rules, or regulations, including data protection, healthcare, telemedicine, consumer protection, advertising, or anti-spam laws;

any claims or disputes arising from your direct dealings with Service Providers, including any deficiencies in service delivery, prescription errors, delivery failures, or diagnostic inaccuracies;

any issues, disputes, or grievances relating to Verified Partner under Services regarding insurance, ambulance, SOS, mental health, or blood donation coordination;

any claims arising from your failure to read, understand, or comply with the terms and disclosures provided by third-party Service Providers, insurers, or labs.

any attempt to manipulate the system functionality, obtain unauthorised access, or engage in fraudulent, deceptive, or abusive activities;

any overt harmful act toward any other User of our Platform with whom the User connected via our Platform;

any chargebacks, fraudulent transactions, or payment disputes initiated by you;

your non-compliance with any third-party terms or APIs accessed via the Platform, including unauthorised data collection or misuse of permissions;

misuse of Google services, APIs, or integrations, and resulting liabilities such as service disruptions or breaches;

any disputes, errors, data discrepancies, or technical failures related to third-party platforms.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

DISPUTE RESOLUTION AND GOVERNING LAW

You expressly acknowledge and agree that we shall have the right to enforce these Terms against them.

These Terms shall be construed in accordance with the applicable laws of India.

In the event a dispute or difference arises in connection with (i) these Terms and Privacy Policy, and (ii) your access to or use of our Platform and/or Services, the parties to the dispute shall attempt in the first instance to amicably resolve such dispute through mutual consultations.

If the Parties fail to resolve the Dispute by mutual negotiation and consultation within a period of thirty (30) days, you agree to submit the dispute to the Arbitration for determination administered by the Centre for Online Resolution of Disputes (CORD) (www.resolveoncord.com) () in accordance with the Rules of Arbitration of CORD, prevailing as on the date of initiating arbitration. The arbitral tribunal shall consist of a sole arbitrator who shall be appointed by CORD in accordance with its Rules. The decision of the arbitrator shall be final.

The seat of arbitration shall be Gurugram, India. The language of the arbitration shall be English.

In the event that CORD is unable to assign an Arbitrator or such Arbitrator is unable to initiate the proceedings within a period of sixty (60) days from the date of notice of the arbitration or in the event that there is no hearing conducted by the Arbitrator within a period of ninety (90) days of the commencement of the arbitration proceedings, the Parties agree to submit to the jurisdiction of the competent courts at Gurugram, India for the resolution of the disputes.

Notwithstanding the foregoing provision, you agree that we have the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum. Any proceeding brought by you shall be exclusively before the courts in Gurugram, India.

NO CLASS ACTIONS

UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

MISCELLANEOUS

You understand that we will not be liable to you for any failure or delay in the performance of our obligations, or for any unavailability of the Platform or Services, if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemic or pandemic, fire, flood, explosion, war, terrorism, riots, embargoes, governmental actions, labour strikes, power outages, network failures, or disruption of communication services (“ Force Majeure Event ”). In the event of a Force Majeure Event, we will use reasonable efforts to mitigate the effects and resume performance as soon as reasonably practicable. However, we shall not be liable for any loss or damage that may be incurred by you due to such delay or non-performance.

We may assign any or all of our rights and obligations to any person or affiliate entity at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

You acknowledge that there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.

CONTACT

If you require further information or have any inquiries or concerns regarding the Terms of Service, please do not hesitate to contact us in writing at:

Email: support@kokoro.plus

ANNEXURE A: Teleconsultation Services

Scope of Teleconsultation

The Platform enables virtual health consultations between Customers and third-party, qualified, and licensed medical practitioners or doctors through audio, video, or chat-based interactions. All teleconsultation services are rendered directly by such doctors, who are registered on the Platform and operate in accordance with these Terms and Applicable Laws, including the Telemedicine Practice Guidelines, 2020, issued by the Ministry of Health and Family Welfare, Government of India.

We do not provide medical services, diagnosis, or treatment and act solely as an intermediary under the Information Technology Act, 2000.

Booking of Teleconsultations

Customers may browse and book appointments with doctors listed on the Platform by viewing their profile, speciality, availability, consultation format (video, audio, or chat), and consultation fee.

Doctors are solely responsible for ensuring their profiles are complete, up to date, and include correct fee information, availability slots, and accurate information about their qualifications and area of expertise.

Customers must provide truthful and complete information about their medical history and symptoms. Relevant health documents or reports may be uploaded to assist the doctor in delivering an effective consultation.

Certain types of consultations may require Customers to grant access to their medical records, including prior prescriptions, diagnoses, allergy information, or other relevant health details stored in their ABHA account. Customers are solely responsible for managing such access permissions, including the scope and duration for which their records are shared with the relevant Service Provider.

Conduct of Consultation

Consultations are conducted exclusively via the Platform’s integrated video, audio, or chat-based functionality or via approved third-party APIs.

Customers must ensure a stable internet connection and a private, distraction-free setting during the teleconsultation.

Doctors must comply with all relevant medical regulations, including the Telemedicine Practice Guidelines, 2020 and any updates thereto, the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, and guidelines issued by the National Medical Commission or any other competent authority.

Prescriptions and Follow-up

Doctors may, at their sole professional discretion, issue an e-prescription post-consultation. This prescription will be delivered to the Customer through their registered Account on the Platform and, with the Customer’s consent, will also be linked to their ABHA profile.

Doctors may recommend further diagnostics, lab tests, medications, or follow-up consultations. Customers may choose to avail these through the Platform or otherwise.

The validity of e-prescriptions shall be governed by Applicable Laws, including the Drugs and Cosmetics Rules, 1945, and any state-level regulations or advisories in force.

Service Charges and Invoicing

The consultation fee and applicable taxes shall be clearly disclosed to the Customer prior to confirmation of the booking.

The Doctor is responsible for generating and uploading a valid invoice, which will be made available to the Customer through the Platform post-completion of the consultation.

All payments shall be processed through the Platform’s payment gateway unless otherwise expressly permitted.

Cancellation & Refunds

Either party may cancel by giving prior notice through the Platform. Kokoro Plus shall not be liable for any direct or indirect loss caused by missed appointments, late cancellations, or no-shows.

If a Customer cancels the appointment within 30 minutes of the scheduled time or fails to attend the session, the Doctor shall be entitled to retain the consultation fee, unless the Doctor agrees to a refund or rescheduling.

If a Doctor cancels or fails to attend a consultation without a valid reason or notice, the Customer will be offered a full refund or the option to reschedule at no additional cost.

All refunds shall be processed within a reasonable period, not exceeding 7 business days, to the original mode of payment, subject to applicable deductions, if any. However, the actual credit of the refund may vary depending on the timelines of the Payment Processor and the Customer’s bank.

Practitioner Responsibilities

Doctors shall:

Maintain patient confidentiality and comply with data protection laws, including the Digital Personal Data Protection Act, 2023 and any applicable regulations concerning the retention, storage, and handling of sensitive health data.

Not disclose or discuss the Customer’s case with any third party without prior consent, unless required by law or in case of a medical emergency.

Attend all scheduled appointments punctually and inform the Platform and Customer in advance in case of unavoidable delays.

Issue prescriptions and medical advice only in accordance with applicable medical laws, ethical standards, and clinical best practices.

Maintain valid registration, licenses, and professional indemnity insurance as required under law.

Avoid any activity that undermines the integrity of the Platform, including:

Soliciting Customers for offline consultations;

Circumventing the Platform’s booking or payment systems;

Promoting third-party platforms or services.

Customer Responsibilities

Customers agree to:

Use Teleconsultation Services responsibly and only for genuine, lawful, and personal medical purposes. Misuse of the services, including prank bookings or impersonation, is strictly prohibited.

Not record, store, or share any part of the teleconsultation session (video/audio/chat), prescription, or advice without the doctor’s prior consent. Unauthorised recording may attract legal consequences under Data Protection Laws.

Avoid repetitive or excessive bookings with the intent to harass, review unfairly, or obtain multiple prescriptions for the same condition or drug.

Acknowledge that all medical decisions are made solely by the doctor and must not be altered, interpreted, or shared as general health advice.

Platform Limitations and Disclaimers

The licence verification of medical professionals is performed by the designated Nodal Officers under the ABDM as part of the HPR (Healthcare Professional Registry) registration process. The Platform does not independently verify or guarantee the authenticity of any Doctor’s qualifications, license, experience, or continued regulatory compliance.

We are not responsible for the medical quality, accuracy, or outcomes of consultations, prescriptions, or advice rendered during a teleconsultation.

Teleconsultation services are not a substitute for in-person medical evaluation or emergency care. Customers experiencing acute symptoms or medical emergencies are advised to contact emergency services or visit the nearest hospital immediately.

We disclaim all liability for loss or damage arising out of reliance on any content, advice, or diagnosis provided through the Platform.

Escalation and Grievance Redressal

Any concerns regarding a consultation, the conduct of a Doctor or a Customer, or the quality of advice received may be reported through the Platform’s support at support@kokoro.plus.

We may, at our sole discretion, initiate a preliminary inquiry and may disable accounts or take necessary action in accordance with the Platform’s Fair Usage Policy and other applicable terms.

We do not mediate or arbitrate medical disputes. Users are encouraged to resolve such issues directly with the concerned party or escalate them to appropriate legal or regulatory authorities where necessary.

ANNEXURE B: Lab Testing and Diagnostics

Scope of Diagnostic Services

The Platform facilitates the booking of diagnostic and pathological testing services offered by verified and accredited third-party laboratories. These services may include sample collection at home or the lab, test processing, and digital delivery of reports.

All diagnostic services are rendered directly by the Labs. The Platform acts solely as a technology intermediary in accordance with the Information Technology Act, 2000 and is not responsible for the actual provision or outcome of such services.

Booking of Tests

Labs registered on the Platform are solely responsible for listing the available diagnostic tests, packages, pricing, disclaimers, and any applicable requirements. The Platform does not verify the accuracy of such listings or the quality of the tests offered.

Customers may select from available tests and packages listed on the Platform, provided by one or more Diagnostic Partners. The Customer may book tests either for themselves or for another person, who must be named at the time of booking.

At the time of booking, Customers must provide accurate and complete information as required by the labs, including name, age, address, existing medical conditions or symptoms, collection location, preferred time slot, prescription or mandatory declarations, if required, etc. Customers shall be solely responsible for any consequences arising from incomplete, inaccurate, or misleading information provided during the booking.

Please note that some tests, such as for RT-PCR, HIV, or radiological exams, may require additional declarations, prescriptions, or compliance steps. Customers are responsible for ensuring such compliance.

Upon successful booking, the lab shall be responsible for sending a booking confirmation to the Customer, including the scheduled time, location, and where home collection is opted, the name and contact details of the Authorised User assigned for sample collection. The Platform does not verify or manage the content or delivery of such communications and shall not be liable for any delays, inaccuracies, or failure in providing such information. Customers must rely on the communication issued directly by the lab for further coordination.

Invoicing and Payment

All prices, including taxes, if applicable, shall be disclosed at the time of booking.

Payments shall be processed via the Platform’s integrated payment gateway at the time of booking.

Offline payments are not permitted . If any lab personnel or Authorised User requests payment in cash or through an unauthorised channel, Customers must report such conduct to the Platform immediately.

Invoices are generated by the labs and made available digitally in the Customer’s Account.

Sample Collection and Test Fulfilment

Sample collection may occur at the Customer’s location via trained and verified Authorised Users engaged by such a lab, or at the lab’s registered facility, as selected by the Customer at the time of booking.

Customers and Authorised Users must be present at the selected time slot. All involved parties shall cooperate with each other during the sample collection process.

Customers shall provide access for sample collection and shall follow any necessary pre-test instructions, such as fasting, medication pause, etc.

The lab is solely responsible for the integrity of the sample collection, packaging, transport, and further handling. We do not validate or supervise the performance of the Lab’s Authorised Users beyond basic onboarding and KYC procedures.

Customers are advised to check and verify the Authorised User’s ID before allowing access and to avoid accepting any unsolicited medical advice from such Authorised User.

Test Processing and Report Delivery

The labs shall process the sample in accordance with applicable industry and regulatory standards, including National Accreditation Board for Testing and Calibration Laboratories (NABL), Indian Council of Medical Research (ICMR) guidelines and protocols, and any other relevant statutory or quality standards.

Test reports shall be uploaded to the Platform and shall be made available in the Customer’s Account. Such reports shall be provided within the indicative turnaround time (TAT) shown at the time of booking. Please note that TATs are estimates and may vary. The relevant labs are responsible for providing and updating, if need be, such TATs. We are not responsible for any such time estimates.

For certain tests, reports may be accompanied by advisories, interpretative notes, or recommendations to consult a physician. These are purely informational and not medical advice.

Cancellation & Refunds

Cancellations made more than 4 hours prior to the collection time may be eligible for a full refund.

Cancellations within 4 hours or no-shows may lead to forfeiture of the full or partial fee, at our sole discretion.

If the lab or their Authorised User cancels or fails to attend a confirmed appointment, the Customer will be entitled to a full refund or may choose to reschedule at no extra charge.

Refunds shall be processed within 7 business days to the original payment method. However, the actual credit of the refund may vary depending on the timelines of the Payment Processor and the Customer’s bank.

Responsibilities of Labs

All labs registered on the Platform shall:

Ensure all test listings, prices, and test information are accurate, up to date, and compliant with Applicable Laws, including NABL, MoHFW, ICMR, and the DPDP Act, 2023;

Assign only qualified, trained, and background-verified Authorised Users for sample collection and lab processing;

Maintain hygiene, safety, and regulatory standards throughout the testing process;

Upload reports in a timely manner and resolve Customer queries in coordination with the Platform;

Retain test records and diagnostic reports securely for a minimum period as required under Applicable Laws and medical record-keeping standards. Such records shall be made accessible to the Customer upon request, subject to Data Protection Laws.

Avoid any activity that undermines the integrity of the Platform, including:

Soliciting Customers for offline bookings or test packages;

Circumventing the Platform’s booking or payment systems;

Promoting third-party platforms or services.

Customers Responsibilities

The Customers shall:

Provide accurate and true booking and identification details for the person being tested;

Ensure the person being tested is present and available, and cooperative at the booked time/location;

Ensure that any Authorised User for whom the booking is made has given informed consent for sample collection, testing, and sharing of reports. In the case of minors or individuals not competent to consent, the Customer must act as the legal guardian or authorised representative;

Ensure that a parent, guardian, or responsible adult is present during sample collection for minors or individuals with disabilities, and shall be solely responsible for ensuring compliance with any additional legal or procedural safeguards;

Comply with all test-specific pre-conditions and instructions.

Use the reports only for personal medical purposes and not for resale, misuse, or diagnostic fraud.

Platform Limitations and Disclaimers

The Platform does not provide or supervise medical testing or diagnosis and is not liable for the acts or omissions of any Lab or its Authorised Users.

We are not liable for:

Incorrect results, diagnoses, or medical treatment decisions made using the report;

Delayed delivery of test reports;

Inaccurate information provided by Customers or Labs;

Any injury or loss resulting from lab negligence, misconduct, or breach of law;

Errors in sample collection or lab processing by Diagnostic Partners; and

Any action taken by or on behalf of the labs or their Authorised Users

Diagnostic tests are not substitutes for consultation with a medical practitioner. Customers are encouraged to seek appropriate medical advice to interpret the reports.

We shall not be responsible for any failure by the Customer to act on critical or abnormal test results. It is the Customer’s responsibility to seek prompt medical attention for any concerning findings reflected in the test reports.

Please note that repeated misuse of the service, including fraudulent bookings, identity misrepresentation, or lab report tampering, may result in suspension or termination of the Account and reporting to authorities, or legal action under Applicable Law

Escalation and Grievance Redressal

Any complaint regarding sample collection, lab performance, report delay, conduct of the other party or other concerns may be raised through the Platform’s support at support@kokoro.plus.

While the Platform may assist in communication or issue resolution, it is not obligated to arbitrate or mediate disputes between Customers and Labs. The Platform may take appropriate action, including disabling accounts or delisting Labs, in accordance with its internal policies and Applicable Laws.

ANNEXURE C: Pharmacy and Sexual Wellness Brands

Scope of Services

The Platform enables Users to browse, order, and pay for medicines (prescription and over-the-counter) and sexual wellness products made available by verified third-party pharmacies and sexual health brands. These products are delivered either directly to the Customer’s address by the relevant Service Provider or its delivery partners.

The Platform functions solely as an online facilitator under the Information Technology Act, 2000 and does not directly sell, dispense, stock, or distribute any medicines or health products.

Product Listings and Information

The Service Providers are solely responsible for listing products with accurate images, names, strengths, brands, MRP, and statutory warnings and disclaimers. The Service Providers shall classify products appropriately into prescription drugs, OTC, wellness products, contraceptives, etc. The Service Providers shall ensure that the product information aligns with manufacturer-approved labels and government advisories.

The Platform does not independently verify product claims, therapeutic uses, regulatory status, or manufacturer labels, and is not liable for any errors or omissions in product listings.

Customers are advised to read product labels, dosage and usage information, contraindications, and consult a medical practitioner before ordering prescription or therapeutic products. The Customers are further advised to use sexual wellness products with discretion and as per product-specific instructions or medical advice.

The Platform does not provide any medical or pharmaceutical advice or recommendations regarding the suitability of any listed product.

Order Processing and Fulfilment

At the time of placing an order, Customers must provide accurate and complete information as required by the relevant Service Provider, including name, age, address, medical conditions or symptoms, prescription or mandatory declarations, if required, etc. Customers shall be solely responsible for any consequences arising from incomplete, inaccurate, or misleading information provided during the placement of an order.

Once an order is placed, the relevant Service Provider will validate the product availability, verify the prescription (if applicable), and confirm the order. Order confirmation may include an order ID, invoice details, delivery estimate, and contact information of the delivery personnel. If any product or medicine is unavailable, the Service Provider may contact the Customer for substitution or cancellation of that item through Platform functionalities.

Customers may receive follow-up calls or messages from licensed pharmacists employed or contracted by the Service Provider, in accordance with law, for prescription validation or clarification.

The estimated delivery time is displayed at the time of order. However, actual delivery timelines may vary based on location, availability, logistics partner serviceability, and regulatory constraints.

The Platform does not guarantee product availability, dispatch timelines, or fulfilment and shall not be responsible for stocking, sourcing, or delivery of any items.

Prescription Requirement and Verification

For all prescription medicines:

Customers must upload a valid, legible prescription issued by a registered medical practitioner (RMP), dated within the preceding 3 months;

The prescription must contain the patient’s name, doctor’s name and registration number, and clear directions;

The pharmacy reserves the right to verify, reject, or request a renewed prescription if it appears unclear, expired, incomplete, or invalid.

Prescriptions once uploaded will be accessible to the pharmacy for order fulfilment and retained per Applicable Law. Customers are responsible for ensuring the legitimacy of the prescription submitted.

Delivery and Logistics

Deliveries are carried out either by the Service Provider’s logistics team or third-party logistics providers engaged by the Service Provider.

The delivery agent may require verification via OTP or Customer ID to hand over the medicines.

For prescription medicines, delivery will be made only to the individual named in the prescription or their authorised representative.

The Customer shall ensure availability at the provided delivery address during the expected delivery window and shall ensure safe and legal acceptance of products, particularly those with age, gender, or location-based restrictions.

Delivery delays or failures caused by incorrect addresses, unavailability, or refusal to accept will not be attributable to the Platform.

In case of temperature-sensitive drugs, the pharmacies are responsible for adhering to prescribed packaging, transport, and storage standards.

The Platform assumes no responsibility for non-compliance, spoilage, or temperature excursions during transport of any medicine or sexual wellness product. The relevant Service Providers are solely responsible for the transport and delivery.

Invoicing and Payment

All product prices, taxes, delivery charges (if any), and discounts will be transparently disclosed before checkout.

Payments must be made through the Platform using the available payment options. No offline payment or COD is permitted.

The Platform may offer coupons and promotional discounts, subject to applicable terms and expiry.

The Service Providers shall generate a compliant invoice including HSN code, GST, license number, batch/expiry (if applicable), and deliver it physically or electronically to the Customer.

Invoices must comply with applicable provisions of the GST Act, the Drugs and Cosmetics Act, and local drug control regulations.

Returns, Cancellations, and Refunds

In compliance with legal and health safety standards, prescription medicines and sexual wellness products are not eligible for return , due to the sensitive and regulated nature of products, unless:

The product is delivered in a damaged, expired, or incorrect condition;

The wrong product/medicine is delivered

The delivered quantity or type materially differs from what was ordered.

Customers may cancel their order only prior to dispatch or before the order is marked as 'shipped' by the relevant Service Provider. Once the product has been shipped or is out for delivery, the order cannot be cancelled. Any applicable refunds for such cancellations shall be processed as per the timelines and conditions stated below.

The Platform currently does not facilitate product replacements. If a Customer wishes to request a replacement, particularly for sexual wellness products, the Customer may directly contact the customer support of the concerned sexual wellness brand

Return requests must be raised within 48 hours of delivery via Platform support, along with photos and order details.

Returned items must be sealed, unused, and in original packaging. Service Providers may require physical return of the product before processing a refund or replacement.

In case of non-medicine products such as sexual wellness items, supplements, returns/replacements may be permitted subject to quality checks, including packaging condition, tamper-proof seals, expiry date, and hygiene compliance.

The Platform is not involved in or liable for any return, refund, or exchange processes or decisions regarding product eligibility or acceptance for return.

All refunds, if applicable, shall be processed within 7 business days to the original payment method, as per their refund policy. However, the actual credit of the refund may vary depending on the timelines of the Payment Processor and the Customer’s bank.

Customer Responsibilities

Customers must:

Provide accurate personal, medical and delivery information;

Upload genuine prescriptions and not impersonate another person or misrepresent medical need;

Comply with Applicable Laws, including the prohibition on resale or redistribution of medicines;

Use products only as medically advised;

Report adverse effects, quality issues, or misuse to the Platform and relevant authorities;

Ensure safe storage and consumption of products and consult a doctor in case of adverse effects.

Repeated misuse, fraudulent prescriptions, or policy violations may lead to account suspension and reporting to regulators or law enforcement agencies.

Service Provider Responsibilities

Pharmacies and Sexual wellness brands must:

Hold and maintain valid retail or wholesale drug licenses, GST registration, and any other applicable approvals and licences;

Ensure that all listed medicines and wellness products are:

authentic, sealed and not counterfeit;

unexpired, or nearing expiry (i.e., not within 3 months of the expiry date at the time of delivery), unless:

The product is specifically marked as “short expiry” on the Platform, and

The Customer has explicitly consented to such purchase;

properly stored, handled, and packaged in accordance with manufacturer and legal standards, including applicable temperature, hygiene, and safety requirements;

Comply with First Expiry First Out (FEFO) inventory practices and ensure continuous monitoring of stock for expiry management

Only dispense prescription drugs against valid, doctor-issued prescriptions;

Ensure accuracy of product labels, prescriptions, packaging, and shelf life, including appropriate warnings and disposal instructions;

Retain prescription and transaction data securely and for the legally mandated duration;

Maintain traceable records of inventory, sales, deliveries, and customer interactions;

Adhere to cold chain and transport norms for temperature-sensitive drugs;

Promptly address and resolve customer complaints, returns, and refund requests;

Comply with all the Applicable Laws and regulations;

Not:

Mislead Users through incorrect listings, pricing, or therapeutic claims;

Circumvent the Platform for direct sales or payment;

Promote off-platform pharmacies or brands;

List or request banned, habit-forming, unauthorised, damaged, repackaged or prohibited products;

Honour prescriptions not lawfully obtained. Violation of the above may result in delisting, suspension, or legal action.

The Service Providers are solely responsible for the correctness, completeness, and lawfulness of order fulfilment and delivery processes.

Platform Limitations and Disclaimers

We do not:

manufacture, repackage, sell, store or supply medicines or sexual or other wellness products;

endorse any specific drug, pharmacy, or medical treatment;

endorse or recommend any particular Service Provider or brand;

verify prescriptions, product usage or dosage;

verify medical efficacy, interactions, or advice associated with any product;

We are not liable for:

misuse or side effects caused by the consumption of any product;

wrong or expired products delivered by Service Providers;

any injury, loss, or damage arising from the actions or omissions of Service Providers, their Authorised Users or delivery personnel;

errors in prescription verification or delivery delays due to regulatory or logistical constraints;

Incorrect prescriptions, misuse of medicines, or medical side effects;

Any damage, loss, or liability arising out of off-platform dealings.;

Regulatory or legal breaches committed by Service Providers or Customers.

All visual content, product descriptions, and health-related information are provided by Service Providers and are for general reference only. Customers are strongly encouraged to consult a qualified medical professional before relying on any information or ordering therapeutic products.

Grievance Redressal

For order-related issues, product complaints, refund queries, and User conduct, Users may raise a support ticket via the Platform at support@kokoro.plus .

The Platform may review such grievances and escalate them to the concerned Service Provider or Customer, but does not guarantee resolution or act as an arbitrator. In case of statutory violations, the matter may be reported to the appropriate regulatory or enforcement agency.

ANNEXURE D: Homecare and Emergency Services

Scope of Homecare and Emergency Services

The Platform enables Customers to access a range of at-home and emergency support services coordinated and facilitated by the Company through its Authorised Personnel and its network of Verified Partners. These include:

Homecare and Health Support Services: Nursing care, physiotherapy, elder care, chronic condition management, and medical equipment rentals or supplies at the Customer’s home.

Emergency and Community Support Services: Ambulance booking, facilitating peer-to-peer blood donation and donor visibility and outreach, mental health helplines, and SOS emergency support.

Homecare and health support Services are provided by Authorised Personnel engaged and deployed through the Company. The Company undertakes reasonable onboarding, verification, and quality assurance procedures before enabling such Services on the Platform. While the Company endeavours to maintain high service standards, it does not make any express or implied representations or warranties regarding the competence, conduct, or outcomes of the Services rendered by such Authorised Personnel. All such personnel are required to comply with the standards, eligibility criteria, and codes of conduct prescribed by the Company.

Emergency and community support Services are not rendered by the Company directly but are delivered by its Verified Partners. The Company’s role is limited to onboarding and coordinating with such Partners, making their services available on the Platform, and ensuring reasonable verification.

Homecare Services and Health Support Services

Booking & Initiation:

Customers may book homecare and health support services through the Platform by providing the necessary details as prompted by the booking form.

Full or partial advance payments are required to confirm the booking. Upon successful booking, the Service will be scheduled and coordinated by the Company and executed by its deployed Authorised Personnel.

Customers may be asked to sign a service agreement (physically or digitally) at the time of initiation, outlining key details such as timing, all applicable charges and fees, service scope, consents, and terms of use.

Additionally, for medical equipment, the Customers are required to pay the applicable security deposit for such equipment. Security deposits are refundable after equipment return, subject to inspection. Damage, misuse, or loss may lead to forfeiture, in part or in full, of the security deposit.

Delivery and Logistics of Medical Equipment:

Delivery is arranged by the Company through its Verified Partner to the address provided by the Customer.

Delivery charges, if applicable, and estimated timelines will be shared at the time of booking and/or in the agreement.

Delivery timelines may vary based on location, equipment type, and availability.

Customers must inspect the equipment at delivery and confirm its condition. Once confirmed, it is deemed accepted in good working order. If material issues arise post-delivery, the Company will attempt replacement in a reasonable time, subject to availability.

Modifications and Replacements:

Customers may request the replacement of deployed Authorised Personnel if dissatisfied. The Company will attempt to provide a suitable replacement, but does not guarantee specific personnel selection.

If issues persist, the Company may offer early termination or mutually agreeable alternatives, subject to availability.

Service extensions or early terminations are permitted, depending on the circumstances and nature of the Services.

Any resulting refund or payment adjustment will be processed by the Company as per the applicable policy.

Refunds and Cancellations:

Refunds for early termination are processed on a pro-rata basis to the original payment method within 7 business days. However, the actual credit of the refund may vary depending on the timelines of the Payment Processor and the Customer’s bank.

Offline payment refunds require valid bank account details. No cash refunds will be issued.

Cancellations prior to Service initiation may be subject to applicable cancellation fees. Users must cancel at least 24 hours before the scheduled start of the Service. For ongoing or recurring Services, a minimum of 48 hours' notice is required for early termination.

If a Customer returns rented medical equipment before the end of the agreed rental period, a minimum applicable fee may be retained, which will be communicated at the time of booking. Unless expressly stated in the applicable rental policy, no refunds shall be issued for early returns. Customers are advised to review return-related terms at the time of booking the service and before initiating any early return.

Offline Payments:

Offline/cash payments are permitted up to ₹50,000 per booking.

For bookings exceeding ₹50,000 in value:

In case of long-term or ongoing services (e.g., monthly homecare arrangements), Customers may be permitted to pay on a periodic basis (e.g., monthly in advance) as agreed at the time of booking, subject to the policies of the Company and executed agreement.

For one-time or short-term services, full payment must be made through online methods available on the Platform.

Use and Return of Medical Equipment:

Customers are responsible for the safe usage and return of rented equipment in working condition, as originally provided.

In case of damage, misuse, or non-return, the Company may forfeit part or all of the security deposit.

Equipment must be returned in clean, working condition at the end of the rental term.

Consumables:

Consumables, including but not limited to catheters, gloves, hygiene kits, and walking sticks, are generally available only for purchase, not rental.

Please note that such consumables are non-returnable and non-replaceable, except in exceptional cases and only with the prior written approval of the Platform.

All refunds, if applicable, shall be processed by us within 7 business days to the original payment method. However, the actual credit of the refund may vary depending on the timelines of the Payment Processor and the Customer’s bank.

Emergency and Community Support Services

The Platform supports time-sensitive Emergency Services such as ambulance bookings, mental health helplines, SOS alerts through its Verified Partners, and facilitation of peer-to-peer blood donation and donor visibility and outreach.

These Emergency Services are facilitated in real-time, on a best-effort basis.

Customers are advised to contact local authorities or national emergency numbers (e.g., 112 or 108 in India) in case of life-threatening emergencies.

The SOS and helpline features are intended to operate 24x7 , but may be subject to technical disruptions, availability of personnel, or regional constraints .

We do not guarantee availability, response time, or successful resolution of emergency needs. We are not liable for delays, unavailability, or failure of any emergency service facilitated through the Platform.

Customer Responsibilities

Customer must:

Provide accurate and complete personal, contact, medical, and service-related information;

Ensure the safety, hygiene and respectful treatment of Authorised Personnel deployed for homecare;

Not record, harass, intimidate, or violate the privacy of Authorised Personnel during the course of Service delivery;

Ensure that informed consent is obtained where applicable, especially for medical or therapeutic interventions;

Accept full responsibility for Services availed on behalf of minors, elderly family members, or other dependents.

Use rented medical equipment with care and return it in acceptable condition;

Avoid misuse the SOS or emergency functions for non-critical situations;

Not impersonate, misrepresent medical need, or misuse Emergency Services;

Follow all instructions and terms shared during Service initiation.

Misuse of any such Services or violations of Applicable Laws may result in account suspension and/or reporting to relevant authorities.

Platform Limitations and Disclaimers

The Platform enables homecare and health support Services which are rendered by Authorised Personnel engaged and deployed through the Company. While the Company facilitates such Services and undertakes reasonable onboarding, verification, and quality assurance of its Authorised Personnel, it does not exercise continuous and direct supervision or real-time oversight of the on-ground conduct, professional judgment, or emergency decision-making of such Authorised Personnel.

You acknowledge that all such Services inherently carry significant medical and operational risks, including but not limited to:

potential medical complications or adverse events;

errors or delays in emergency response or scheduling;

human error;

equipment malfunction or logistical failures.

While the Company endeavours to ensure quality and professionalism, it does not guarantee any specific outcome, response time, or medical suitability of the Services for individual needs. Customers are expected to exercise discretion, provide accurate information, and consult their treating physicians or emergency contacts where required.

The Platform also facilitates access to emergency and community support Services rendered by Verified Partners. The Company’s role is limited to onboarding such Partners, verifying their credentials and licensing, and making their offerings available on the Platform. The Company does not:

control or manage the day-to-day operations of such Verified Partners;

supervise or vouch for the actions or decisions of their personnel;

assume any liability for service quality, availability, or response timelines of such Verified Partner services.

By availing any such Service, you agree that the Verified Partners are independent entities responsible for their own acts, omissions, and compliance with Applicable Laws. The Company disclaims all liability arising from or related to the conduct, negligence, or service delivery failures of such Verified Partners.

To the maximum extent permitted by Applicable Law, the Company’s liability in connection with any Service shall be limited to direct damages resulting from proven acts of gross negligence or willful misconduct by the Company and its Authorised Personnel. The Company shall not be liable for:

incidental or consequential injury, medical complications, or loss of life arising during the provision of any Service;

actions, errors, or omissions of Authorised Personnel acting independently in their professional capacity;

actions or omissions of Verified Partners or their personnel;

delays, unavailability, or failure of emergency or support Services;

damage to person or property, except where directly caused by gross negligence of the Company and its Authorised Personnel;

product unavailability, malfunction, or failure of rented medical equipment not attributable to the Company;

errors arising from Customer-submitted information or scheduling logistics beyond the Company’s control.

The Platform and the Services are provided on an “as is” and “as available” basis. The Company does not guarantee uninterrupted availability, timely access, or successful outcomes. All service details, including availability and pricing, are subject to change without notice.

In no event shall the Company be liable for any indirect, incidental, punitive, or consequential damages arising from the use of Services or Platform features, even if advised of the possibility of such damages.

All Services, their availability, and prices are subject to change , and the Platform does not guarantee continuous or uninterrupted service access.

Grievance Redressal

For support, complaints, or escalation related to homecare and emergency Services, Customers may raise a support request via the Platform at support@kokoro.plus.

The Company shall make reasonable efforts to investigate and resolve any complaints or issues raised by Customers, including through internal review and coordination with the concerned Authorised Personnel. While the Company will attempt to resolve such issues amicably and in good faith, it does not guarantee a specific outcome. If a satisfactory resolution is not reached within a reasonable time, the matter may be escalated in accordance with Clause 21 of these Terms.

ANNEXURE E: Insurance Discovery and Facilitation

Scope of Insurance Facilitation Services

The Platform enables Customers to discover and access select health insurance offerings through the insurance aggregator (“ Verified Partner ”), a licensed insurance intermediary registered with the Insurance Regulatory and Development Authority of India (IRDAI). The Verified Partner and insurance companies are solely responsible for offering insurance-related services, including product explanation, onboarding, premium collection, policy issuance, and post-sale assistance.

The Company does not act as an insurer, broker, corporate agent, or web aggregator, nor does it solicit, sell, underwrite, or service insurance policies. Its role is strictly limited to providing a digital interface for Customers to connect with the Verified Partner and coordinate access to their services.

Nature of Insurance Services on the Platform

We enable Customers to:

Search and compare curated health insurance options;

Access Verified Partner-published brochures, premium illustrations, product features, and policy terms;

Request a callback or initiate onboarding for a policy via the Verified Partner.

The types of insurance products offered may include individual health plans, family floater plans, senior citizen coverage, critical illness policies, top-up covers, and wellness-linked plans. The specific plans available are limited in number and are selected by the Platform in collaboration with its Verified Partner.

In addition, the Platform may facilitate Customer enrolment in select group insurance plans offered by licensed insurers, wherein the Company acts as the master policyholder and enables Customers to opt in as members. These offerings are limited in scope and made available at the Platform’s discretion in collaboration with its insurers.

Customer Journey and Premium Payments

Once a Customer expresses interest in a policy, they are securely redirected to the Verified Partner’s portal or embedded checkout interface, hosted or controlled by the Verified Partner and governed by their own terms and policies.

All necessary information, document uploads, declarations, and consents are collected by the Verified Partner.

The Customer pays the insurance premium directly to the Verified Partner or the insurer via authorised payment channels.

For group insurance plans facilitated by the Company, Customers who opt in agree to pay the applicable premium amounts to the Company at the time of enrolment and at such periodic intervals as communicated via the Platform. You understand and acknowledge that the Company is only facilitating access to a group insurance policy underwritten by a licensed insurer, and we are not itself an insurer.

Failure to make timely payments of applicable premiums may result in non-renewal, lapse, or cancellation of your membership under the group policy. Any such lapse or cancellation will lead to immediate suspension of insurance coverage for the insured person(s), as per the terms and conditions of the group insurance policy issued by the insurer. The Company shall not be liable for any claims, losses, or denials of coverage arising from such non-payment or cancellation. All disputes or clarifications regarding policy terms, claim processing, exclusions, or coverage limits shall be addressed directly with the insurer.

Upon successful payment, approval, and underwriting (if applicable), the Verified Partner or insurer issues the policy documents directly to the Customer.

Customers acknowledge and agree that the Platform does not receive or process any insurance-related payments on behalf of the Verified Partner or any insurer at any stage and does not issue receipts, confirmations, or policy documents.

Notifications and Communication

The Platform may send limited, general-purpose notifications, such as reminders to complete a pending application, not to forget to pay your premiums, etc., and they do not imply any underwriting, confirmation, or advice.

All official communications, including policy documents, payment confirmations, and renewal reminders, are the sole responsibility of the Verified Partner or insurer. The Platform shall not be held liable for any non-receipt of policy documents, payment confirmations, or other regulatory communications.

Customer Acknowledgements and Responsibilities

By accessing or engaging with any insurance-related service through the Platform, the Customer expressly acknowledges and agrees that:

All insurance products, information, pricing, and materials are provided by the Verified Partner or respective insurer, and not by us;

We do not verify, warrant, or assume responsibility for the completeness or accuracy of such content;

The Company does not conduct any insurance risk analysis or product suitability assessment for the Customer;

Decisions regarding the purchase or selection of a policy are made solely by the Customer, based on their own evaluation and/or consultation with the Verified Partner;

The Company does not guarantee issuance, pricing, coverage, claim processing, or other outcomes associated with any insurance product;

All pre-sale disclosures, onboarding, KYC, documentation, and payment flows are controlled and governed by the Verified Partner and/or insurer;

Any disputes, grievances, claims, or issues arising from insurance products must be addressed directly with the Verified Partner or the respective insurance company;

In the case of a group insurance plan facilitated by the Platform, the Customer agrees to pay applicable contributions to the Company at the time of enrolment and periodically thereafter, as communicated via the Platform. Failure to make such payments within the prescribed timelines may result in exclusion from or cancellation of coverage under the group insurance policy;

Failure to complete premium payment within the prescribed time may result in non-issuance or lapse of the selected insurance policy, and/or ineligibility for coverage or rejection of claims. The Company bears no responsibility for such non-payment outcomes and encourages Customers to directly coordinate with the Insurer for any payment-related queries or escalations.

Failure to complete premium payment within the prescribed time may result in non-issuance or lapse of the selected insurance policy, and/or Ineligibility for coverage or rejection of claims. The Company bears no responsibility for such non-payment outcomes and encourages Customers to directly coordinate with the Verified Partner or insurer for any payment-related queries or escalations.

Customers are advised to read the full policy terms and conditions provided by the insurer or Verified Partner prior to purchase.

Platform’s Role and Limitations

Our role in relation to insurance services is strictly limited to discovery, access, and facilitation. Specifically:

The Platform functions as a digital enabler, providing an interface to allow Customers to view insurance options and connect with the licensed Partner.

The Company does not engage in any form of insurance recommendation, endorsement, solicitation, or ranking of insurance products or insurers. Any insurance plans or providers displayed on the Platform, whether via listing, search results, banners, or embedded links, are presented in a neutral and non-preferential manner for user awareness and discovery only. The appearance, position, or order of such plans does not constitute a comparative analysis or suggest superiority of one product or insurer over another.

In the case of group insurance plans facilitated through the Platform, the Company may collect periodic premium contributions from participating Customers on behalf of the insurer. The Platform’s role is limited to facilitating enrollment and payments as per the Partner’s instructions, and does not imply any underwriting or administrative authority.

All matters related to issuance, refunds, cancellations, renewals, exclusions, waiting periods, claims, or lapses in coverage, including for group insurance, are governed exclusively by the terms and conditions of the respective insurer. The Company shall not be responsible for delays, denials, or any other outcomes arising from such processes.

The Platform does not conduct product suitability assessments or recommend any insurance plan based on a User’s profile, needs, or preferences. Customers are solely responsible for evaluating the terms, benefits, exclusions, and suitability of any insurance plan before purchase, and are encouraged to seek independent financial or insurance advice where necessary.

The Company is not an insurer, broker, corporate agent, or web aggregator under IRDAI regulations, and does not act in any such capacity.

The Company does not provide insurance advice, suitability assessments, underwriting, or claims support.

Any insurance transaction is executed solely between the Customer and the Verified Partner or insurance company, subject to the terms and conditions of the relevant policy.

Disclaimers and Liability Exclusions

The Company disclaims all warranties, express or implied, relating to any insurance product, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Company does not solicit or sell group insurance. It merely facilitates access and manages enrollment as the master policyholder in accordance with applicable IRDAI regulations. Inclusion in the group insurance is subject to acceptance by the insurer. Enrollment does not guarantee coverage unless confirmed by the insurer.

The Company shall not be liable for:

Misrepresentation, negligence, misstatements, non-disclosures, or failure to disclose by the Customers, Verified Partner, or insurer;

Inaccuracies in policy terms, benefits, premiums, or claim eligibility criteria;

Rejection of application or claims by the insurer;

Failure, denial, rejection, cancellation, claim settlement, non-renewal, or delay in issuance, payment processing, or service fulfilment by the Verified Partner;

Loss, injury, cost, or damages resulting from the Customer’s decision to purchase, rely on, or decline an insurance policy;

Regulatory non-compliance or license lapses by the Verified Partner or insurer;

Any personal, financial, or health-related data voluntarily shared by the Customer with the Verified Partner or insurer. Such data shall be governed solely by the respective entity’s privacy policy and data protection practices. The Company disclaims responsibility for the same;

Delays, errors, or unavailability of insurance listings or features due to server downtime, technical disruptions, regulatory changes, third-party outages, or force majeure events.

The Company reserves the right to modify, suspend, or discontinue any insurance-related feature, service, or listing at its sole discretion, without prior notice. The Company does not guarantee the continued availability of any specific insurance product or Verified Partner on the Platform.

The list of insurance plans may change periodically based on commercial arrangements, regulatory compliance, operational considerations, or decisions by insurers, including the discontinuation of existing plans and introduction of new offerings.

Grievance Redressal

For queries, disputes, or claim-related escalations pertaining to the group insurance plan, Customers may raise a support request via the Platform or contact us at support@kokoro.plus . The Company will make reasonable efforts to assist in resolving such issues in coordination with the concerned Insurance Company. However, all final decisions relating to claims, coverage, and policy interpretation shall rest solely with the Insurance Company, in accordance with the terms and conditions of the group policy.

For complaints related to the Platform’s facilitation of insurance services, Customers may raise a support request via the Platform or contact support at support@kokoro.plus. However, the Platform shall not act as an arbitrator or dispute resolution body for any insurance-related grievances.

For any complaints related to insurance application or rejection, premium payment issues, and/or policy terms, servicing, or claim processing, the Customer must contact the relevant Verified Partner or insurance company as per their internal redressal mechanism or applicable IRDAI guidelines. The Company does not mediate or adjudicate insurance disputes and has no authority to represent the Customer before the insurer or regulator.

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