TERMS AND CONDITIONS FOR BeingPro Health Technologies Private Limited

We, at BeingPro Health Technologies Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at GK complex, No 257, 4th floor, 8th Main Rd, Amarjyoti Layout, Domlur, Bengaluru, Karnataka 560071, India to provide services to all individuals accessing or using our software application ("app") called GudMedic, BeingPro Health Technologies Private Limited ("BeingPro") and websites (https://BeingPro.co/ and https://www.gudmedic.com/) (collectively "Platform") for any reason ("you", "yours", "User") subject to the notices, terms, and conditions set forth in these terms and conditions ("Terms and Conditions", "Agreement"), read with the Privacy Policy available here (https://BeingPro.co/privacy).

The domain names (https://beingpro.co/ and https://www.gudmedic.com/), internet based portals and GudMedic, a mobile application are operated by BeingPro. BeingPro may assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions to any third party, as it may deem fit, and you shall continue to be bound by these Terms and Conditions in the event of such assignment, transfer or subcontracting.

Any accessing or browsing of the Platform and using the Services (as defined in these Terms and Conditions) indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue to access or use of the Platform.

THESE TERMS ARE APPLICABLE FOR:

A doctor, healthcare professional, owner or manager of a healthcare facility, patient, his/her representatives/ guardian/ attendant/ relative/ friend or affiliates ("you" or "User"); or a user of the Website or App ("you" or "User").

This Agreement applies to all services made available by BeingPro on the Website or App.

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

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

By downloading or accessing the App or Website to use our Services, you irrevocably accept all the terms and conditions stipulated under this Agreement and agree to fully abide by them.

This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.

You should read the Agreement at regular intervals. Your use of the App or Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as part of the Agreement.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of BeingPro. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

• the Indian Contract Act, 1872,
• the (Indian) Information Technology Act, 2000, and
• the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules")

CONDITIONS OF USE (USAGE GUIDELINES):

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to BeingPro that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and/or app and the Services available through the Website and/or app, and agree to and abide by this Agreement. The licence to use the Platform provides you with a single, non-exclusive access to the Platform for the period of your subscription in case of HSPs' and while your registration is active for all other users.

You may request us in writing to delete your account and all data stored in relation to your account, provided it does not infringe on the legal right of any other user who may be associated with said data.

END-USER ACCOUNT AND DATA PRIVACY:

• The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the Privacy Policy.
• BeingPro and its Partners may, by the Services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the Services and to build new services.
• The Website and App allows BeingPro and its Partners to have access to Users' personal email or phone number, for the purpose of communication and analytics.
• The Privacy Policy sets out:
  • The type of information collected from Users, including sensitive personal data or information;
  • The purpose, means and modes of usage of such information;
  • How and to whom BeingPro will disclose such information; and,
  • Other information mandated by the SPI Rules.
• The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
  • the fact that certain information is being collected;
  • the purpose for which the information is being collected;
  • the intended recipients of the information;
  • the nature of collection and retention of the information; and
  • the various rights available to such Users in respect of such information.
• BeingPro and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to BeingPro or to any other person acting on behalf of BeingPro or its Partners.
• The User is responsible for maintaining the confidentiality of the User's account access information and password, if the User is registered on the Website or App. The User shall be responsible for all usage of the User's account and password, whether or not authorized by the User. The User shall immediately notify BeingPro of any actual or suspected unauthorized use of the User's account or password. Although BeingPro will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BeingPro or others due to such unauthorized use.
• If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BeingPro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BeingPro has the right to discontinue the Services to the User at its sole discretion.
• It is your responsibility to keep your correct mobile number and email ID updated in the Website or App. All reminders and notifications will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. BeingPro is not responsible for any loss or inconvenience caused due to your non-updation of your contact details.
• BeingPro and its Partners may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
• BeingPro may now or in the future provide Services where you may be able to converse with BeingPro, its authorized representatives, its doctors or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in BeingPro's or its Partners' servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. BeingPro and its Partners accept no liability if you choose to use such a facility to interact with doctors or clinicians or if the facility is not used in accordance with the foregoing.
• You may be provided with a personal health record facility to add, modify, delete and manage your health related records and information. The specific terms relating to this are as below, without prejudice to the rest of these Terms and the Privacy Policy:
  • This facility is only enabled or created for you after you have signed up and explicitly accepted these Terms.
  • Information available in your Health Account is of three types:
    • Patient-created: Information generated and uploaded by a patient user.
    • Created by a doctor, healthcare professional or healthcare facility ("health provider-created")
    • BeingPro-created: Information generated by consuming a BeingPro service such as consultations, diagnostic test, admission, etc.
  • Any BeingPro-created information is provided on an as-is basis and BeingPro makes no representation in connection therewith.
  • The accuracy, adequacy, reliability and liability of any Patient-created or health provider-created information generated or created by a User is the sole responsibility of the User. You fully indemnify and hold harmless BeingPro and its Partners with respect to any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created or health provider-created information entered or accessed by You or on your behalf on the Website or App.
  • The personal health record facility is provided on a best-efforts as-is basis. While we strive to maintain the highest levels of service availability, BeingPro or its Partners are not liable for any interruption that may be caused to your access of the Services.
  • Any health related reminder or notification service (like medication reminder, appointment reminder, etc.) that may form part of the Services is only a supplementary way of notifying or reminding you of actions to take related to your health. BeingPro is not liable if, for any reason, a reminder or notification is not delivered to you or is delivered late or delivered incorrectly despite its best efforts, or if your health is impacted negatively due to the same.
  • BeingPro uses industry–level security and encryption to your personal health record. However, BeingPro cannot guarantee prevention of unauthorized access if you lose your login credentials, or they are otherwise compromised. Please safeguard your login credentials and report any actual or suspected breach of account to info@beingpro.co.
  • If you access your dependents' record through your personal health record by registering your dependents with your own personal health record, you are deemed to be responsible for the records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual personal health record.
  • If you provide access to your personal health record to anyone else, you are deemed to be responsible for all actions, access, transaction that that person takes related to your personal health record either on their own or independently. BeingPro or its Partners are not responsible or liable for any action, transaction, loss, leakage or any other liability arising out of this.

OUR SERVICES:

Through the Platform, we provide you with the following services ("Services"):

a. Creating and maintaining user accounts:

Users need to register on the Platform in order to use the Platform or the Services provided through the Platform. In order to register, you have to provide certain personal details including but not limited to your name, phone number, email address, birth date, gender, etc.

b. Scheduling an appointment for medical consultation (when available):

• You can book an appointment for a medical consultation provider/doctor or wellness service provider / doctor / physician ("HSP") listed on the Platform. Medical consultations on the Platform shall be available for family physicians & multi specialties.
• You will receive a confirmation of appointment for medical consultation with a HSP of your choice, on the Platform and/or via SMS and/or email and/or an online communication or messaging service. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for a consultation to you is indicative and actual consultation time may change depending on the consulting HSP's discretion. Consultations can be booked, rescheduled or canceled free of cost up to fifteen minutes prior to the start of the appointment for an audio/video / chat-based consultation ("Online Medical Consultation") and up to thirty minutes prior to the start of the appointment for a physical visit based consultation. You are allowed to reschedule an Online Medical Consultation up to a maximum of three times for free and are allowed to reschedule a physical consultation once for free.
• Your consulting HSP reserves the right to provide a free review, and post-medical consultation.

c. Holding medical consultations (when available):

You can have an Online Medical Consultation via audio call or video call or chat on the Platform with the HSP selected by you:

• Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice.
• You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the HSP shall solely be based on the verbal communication between the concerned HSP and the patient, and any test reports and other information provided/uploaded by you on the Platform. GudMedic cannot be held responsible for any decisions, advice or outcomes of these opinions and/or subsequent interventions.
• Your medical records may be viewed by the HSP on the chat facility provided on the Platform in the course of medical consultations and will remain accessible to you for a specific number of days after a particular consultation concludes, as determined by the HSP.
• The Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.

d. Booking diagnostic tests (when available):

You may book an appointment for seeking the diagnostic tests and packages offered by a HSP on the Platform. You may book diagnostic test(s) and package(s) on the Platform and visit the concerned diagnostic centre / lab of the HSP or schedule the sample pickup from home by the HSP.

e. Receiving e-prescription from the HSP based on the medical consultation.

f. Accessing your medical records on the Platform.

g. Any other service that is made available on the Platform from time to time subject to the scope of services specified under Section 4 below.

h. Using the Referral app:

BeingPro allows HSPs to refer patients to each other for purposes of consultation, further opinion, further management, shared care, diagnostic tests or admission for inpatient care. The patient user has to provide consent prior to the completion of the referral. Once a referral is initiated, it is the responsibility of the referring doctor, concerned patient and receiving doctor to ensure that the referral process is completed and appropriate care is provided to the patient in a timely manner. BeingPro or its Partners are not responsible or liable for any action, transaction, loss, leakage, adverse health effects or any other liability arising out of delay, incomplete or non-completion of the referral process.

BeingPro or its Partners are not responsible or liable for any action, transaction, loss, leakage, adverse health effects or any other liability arising out of any consequences of allowing people access to information or use this information to obtain opinion, advice or care from individuals or entities (HSP) who are not registered on the Platform. For example, showing these records and obtaining second opinion from a HSP not on the Platform.

PROHIBITED CONTENT:

You shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that:

• belongs to another person and which you do not own the rights to;
• is harmful, harassing, blasphemous, politically sensitive, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
• is hateful, racially or ethnically objectionable, disparaging of any person;
• relates to or seems to encourage money laundering or gambling,
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law in India for the time being in force;
• deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses and malicious programs;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• incites any offence or prevents investigation of any offence or insults any other nation;
• is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of BeingPro or its Partners who you may interact with for availing Services; and
• is not relating to the medical consultation or relating to any of the services you avail from us.

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the Platform.

INDEMNITY:

You agree and undertake to indemnify and keep indemnified BeingPro, its affiliates and any BeingPro Healthcare group companies and the concerned HSP ("Indemnified Persons") and us for any losses, costs, charges, and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of deficiency or shortfall in Services/misdiagnosis/ judgement and/or interpretations/perception, your failure to provide correct and / or complete clinical information/ patient history in a timely and clinically appropriate manner; or suppression of material facts; or your failure to provide relevant clinical information about the patient; or misinterpretation of the advice / prescription / diagnosis / investigation report by you; or failure to follow doctor's advice / prescription by you; or failure to follow instructions of the HSP in respect of the Services or medical procedures prescribed by the HSP by you; incorrect or inaccurate credit / debit card details provided by you; or using a credit / debit card which is not lawfully owned by you; or you permitting a third party to use your password or other means to access your account.

LIMITATION OF LIABILITY:

By using our Services, you confirm that you understand and agree to the following:

• The Services availed by you from a HSP via the Platform are provided to you by the HSP you select, and not by BeingPro. The limitation of liability specified in this section also applies to any services availed by you from any third party seller of services listed on the Platform.
• The Platform only facilitates communications between you and the HSP and as such BeingPro Healthcare bears no responsibility for the quality and outcome of any such Services obtained by you from the respective HSP, to the extent permitted by applicable law.
• BeingPro Healthcare itself does not provide any medical consultation or diagnostic services. If you receive any medical advice / investigation reports from a HSP you have contacted through the Platform, you are responsible for assessing such advice and reports, the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the HSP's instructions.
• The Services provided through the Platform is not intended in any way to be a substitute for face-to-face consultation with a HSP. BeingPro Healthcare advises the Users to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.
• To the extent permitted by applicable law, BeingPro or its affiliates or any BeingPro Healthcare group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the Platform; (iii) your use or inability to use the AI assistant (iv) your use of any third party services including Services provided by any HSP you contacted through the Platform.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.

DATA & INFORMATION POLICY:

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy available at https://www.beingpro.co/.

INTELLECTUAL PROPERTY AND OWNERSHIP:

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Platform belong to us at all times or to those who grant us the license for their use. No use of these may be made without the prior written authorization of BeingPro.

BOOKING APPOINTMENTS, DIAGNOSTIC TESTS, ORDERING MEDICINES AND INTERACTION WITH MEDICAL SERVICE PROVIDERS (when available):

• While BeingPro will try to ensure a confirmed appointment with a medical service provider (like doctor, physiotherapist, diagnostic tests or admission for inpatient care) for a User who requested an appointment on the Website or App, BeingPro or its Partners do not guarantee that the User will get a confirmed appointment. Further, BeingPro and its Partners have no liability if such an appointment is confirmed but later cancelled, postponed or rescheduled by the hospital or medical service provider, or the medical service provider are not available as per the given appointment time.
• BeingPro or its Partners may provide value added services which connect Users directly to the medical service providers via video call, voice call, text message, online chat or other electronic means and the information exchanged between the User and the medical service provider is stored and used in accordance with the Privacy Policy. However, it is at the discretion of the User to avail such Service if it is available.
• You understand and agree that any interactions and associated issues with other Users including but not limited to your health issues and your experiences is strictly between you and the other Users. You shall not hold BeingPro or its Partners responsible for any such interactions and associated issues and BeingPro will not be held responsible or liable for the same. For avoidance of doubt, the Services are not to provide any healthcare or medical advice or diagnosis and hence BeingPro and its Partners are not responsible for any medical or other outcomes between you and the medical service providers you interact with, pursuant to any interactions on the Website or App. If you decide to engage with a medical service provider to provide medical services to you, you do so at your own risk. BeingPro or its Partners shall not be responsible for any breach of service or service deficiency by any medical service provider you connect, engage or transact with using the Website or App. We advise you to perform your own investigation or get feedback prior to selecting a doctor or any other service provider available on the Website or App.
• Without prejudice to the generality of the above, BeingPro or its Partners will not be liable for:
  • any wrong medication or treatment quality being given by the doctor(s), diagnostic service provider(s), hospital(s), pharmacy(s), or any medical negligence on part of the any of the above;
  • any type of inconvenience suffered by the User due to a failure on the part of the medical service provider including doctor to make himself/herself available at the appointed time, no show by the doctor, inappropriate treatment, or similar difficulties;
  • cancellation or rescheduling of booked appointment or any variance in the fees charged;
  • any medical eventualities that might occur subsequent to using the services of a doctor, diagnostic lab services, pharmacy, hospital or other HSPs whom the User has selected on the basis of the information available on the Website or App or with whom the User has booked an appointment or performed a transaction through the Website or App.
• Further, BeingPro shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at BeingPro's sole discretion and may be modified or withdrawn at its sole discretion. BeingPro may moderate such feedback at any time. BeingPro shall not be obliged to act in any manner to give effect to the content of Users' feedback.

ONLINE PAYMENT ON WEBSITE AND APP:

• The Website and App provide you the ability to pay online through a third party payment gateway for some of the Services available on the Website or App.
• If you choose to pay online, you may be directed to a third party payment gateway to enable processing of the payment. This transaction will be governed by the terms and conditions and privacy policy of the third party payment gateway. BeingPro shall not be liable (a) if any transaction does not fructify or may not be completed or (b) for any failure on part of the bank or the credit card or the third party site or agency to perform any of its obligations or (c) in respect of any loss or damage arising directly or indirectly out of the decline or acceptance of authorization for any transaction, for any reason whatsoever.

CANCELLATION AND REFUND POLICY:

The cancellation and refund policy is applicable to all online or physical payments made through mobile app and website towards subscription and/ or other charges or fees as applicable. BeingPro and its Partners may charge Subscription fees towards Services provided to Users on the Platform. Users may subscribe to Services provided through the Platform on a monthly (30 calendar days), quarterly (90 calendar days), half-yearly (180 calendar days) or annual (365 calendar days) basis. Once the subscription fee has been paid for a prescribed period, no refund will be provided to users for any unused period, in case the User chooses to cancel the subscription prior to the completion of the subscribed period. BeingPro will refund 100% of the subscription in case the User has not accessed the Platform on even a single occasion and expresses in writing their desire to cancel the subscription within 14 days of payment of the subscription fee. The User may continue to remain on the platform but will not be able to access those Services for which a subscription fee is chargeable.

HSP-PATIENT RELATIONSHIP (NOT FOR EMERGENCY USE):

Some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Platform (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional-patient relationship, between BeingPro and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

• It is hereby expressly clarified that, the Information that you obtain or receive from BeingPro, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational purposes only. In no event shall BeingPro be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
• The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an User facing a medical emergency (either on your or a another person's behalf), please contact an ambulance service, hospital, doctor, or appropriate medical professional directly.

COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION:

We may collect, use and disclose the Personal Information received from you for the purposes listed below and under the section titled "Use of Personal Information" or any other related or associated purposes ("Purposes"): For the purposes of this policy the word "Platform" shall mean the mobile application and patient portal of BeingPro which is used by the patient and the word "Dependents" shall mean patient relatives and/or any other person authorized by the patient.

• Setting up your account with us and managing your use and access of the Platform.
• Sending you a one-time password to your mobile phone to verify your identity.
• Providing you and/or your Dependent with the services or function of the Platform.
• Enabling you and/or your Dependent and/or a Third Party to pay outstanding medical bills through the Platform.
• Obtaining feedback from you and/or your Dependent.
• Carrying out research, planning and statistical analysis to improve and personalise our Platform to you and/or your Dependent, and develop new products and services.

SHARING AND TRANSFERRING OF PERSONAL INFORMATION (Use of Personal Information):

You consent to us sharing your Personal Information with:

1. External third parties:

• We may share your Personal Information with our business partners and third parties who perform functions on our behalf and who also provide services to us, including IT service providers, cloud service providers, data storage providers, professional advisors, IT consultants carrying out testing and development work on our business technology systems, and companies that we use to serve you marketing or advertising online. We may further share Personal Information with third parties for sending SMS regarding admission information, diagnostic test result intimation, marketing and promotion purposes. We may share your Personal Information to a third-party tool for analytics so that we can personalize your Platform experience.
• We may also share your Personal Information with third parties to comply with an order under the law for the time being in force; at the request of government authorities conducting an investigation; to verify or enforce our contractual rights or other applicable policies; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to the Platform, our business or the public and to contact relevant authorities or share information in order to verify the documents submitted at registration on the Platform.
• Social Media Platforms – Where you choose to interact with us through social media, your interaction with these programs typically allows the social media company to collect some information about you through digital cookies and other tracking mechanisms they place on your device. In some cases, the social media company may recognize you through its digital cookies even when you do not interact with their application. Please visit the social media companies' respective privacy policies to better understand their data collection practices and the controls they make available to you.

2. Internal third parties:

We also share your Personal Information within BeingPro for internal reasons, primarily for business and operational purposes. For example, in case of any patients transfer across the unit the financial and medical data exchange exists in practice.

3. Sale or transfer to third parties:

As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or merges with us, your Personal Information will be disclosed to such entity. Also, if any bankruptcy or reorganisation proceeding is brought by or against us, all such information will be considered an asset of ours and as such it is possible, they will be sold or transferred to third parties.

SECURITY MEASURES TO PROTECT YOUR PERSONAL INFORMATION:

We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality.

We take security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include secure socket layers, firewalls and encryption, internal reviews of our data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems.

If we retain Personal Information on our systems, we restrict access to such Personal Information to employees, contractors, and agents who need to know that information in order to operate, develop, or improve our Website (for the purposes of this Policy, the term "Website" shall mean www.beingpro.co and www.gudmedic.com) and Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.

LISTING CONTENT AND DISSEMINATING INFORMATION:

BeingPro collects, directly or indirectly, and displays on the Platform, relevant information regarding the profile and practice of the Practitioners listed on the Platform, such as their specialization, qualification, fees, location, visiting hours, and similar details. BeingPro takes reasonable efforts to ensure that such information is updated at frequent intervals.

BeingPro cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts. The Services provided by BeingPro or any of its licensors or Partners are provided on an "as is" and "as available' basis and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). BeingPro and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App or the Services. BeingPro and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Platform. To the fullest extent permitted by law, BeingPro and its Partners disclaim all liability arising out of the User's use or reliance upon the Website, App, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by BeingPro or its Partners or any User in relation to any User or services provided by such User.

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

BeingPro and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to use of, or browsing the Website or App or the downloading of any material, data, text, images, video content, content from the Website or App. If a User is dissatisfied with the Website or App, User's sole remedy is to discontinue using the Website or App.

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

REVIEWS AND FEEDBACK:

By using this Website, you agree that any information shared by you with BeingPro or with any other person, medical service provider or anyone else using the Website, App or Services will be subject to our Privacy Policy.

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews ("Critical Content"). The role of BeingPro in publishing Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. BeingPro disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an 'intermediary' under the said Act. BeingPro shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners' platforms.

Your publication of reviews and feedback on the Website is governed by Clause 12 stated hereinafter. Without prejudice to the detailed terms stated in Clause 12, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the ITIG Rules and SPI Rules. BeingPro, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that BeingPro may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

• Obtaining feedback in relation to Website, App or BeingPro's services; and/or
• Obtaining feedback in relation to any medical service providers on the Website or App; and/or
• Resolving any complaints, information, or queries by medical service providers regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by BeingPro.

TERMINATION:

BeingPro reserves the right to suspend or terminate a User's access to the Platform and the Services and/or subscription with or without notice and to exercise any other remedy available under law where:

• Such User breaches any terms and conditions of the Agreement;
• A third party reports violation of any of its right as a result of your use of the Services;
• BeingPro is unable to verify or authenticate any information provide to BeingPro by a User;
• BeingPro has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
• BeingPro believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for BeingPro or its Partners or are contrary to the interests of the Platform.

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