THE APPLICATION

Koinos is the author and publisher of the Application, which shall mean the mobile application, website, blog contained therein, queries answered by Our team over email, phone or any other medium and all variants, tools, editions, add-ons, and ancillary products or services of the Application (including all files and images contained therein or generated by the software, and accompanying data, herein referred to individually or collectively as "Application"). The Application may be used by Users (defined below) to avail Services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/consultant information, appointments, electronic medical records, and other relevant information.

USERS

"Registered Users" are users:

1. Who have successfully registered themselves with Koinos through the Application by providing information that is true and accurate, and who can log on to their account on the Application by providing their username and password ("Primary User"); or
2. Whose profile has successfully been created on the Application under the account of a Primary User, by providing information that is true and accurate ("Secondary User").

"Healthcare Service Providers" or "HSPs" are third parties including but not limited to clinic or hospital listed on the Application, also, includes their duly qualified doctors, nurses, paramedical staff, physiotherapists, consultants, and ancillary approved healthcare service providers listed on the Application and who interacts with Users as part of the Services.

"HSP Registered Users" are Registered Users whose profile has a unique identification attached to it including but not limited to UHID (unique health identification) or UMR (unique medical record). HSP Registered Users may not be permitted to access to certain areas of the Application.

"Non-Registered Users" are users who have not registered themselves on the Application: Non-Registered Users may not be provided access to certain areas of the Application.

Registered Users, HSP Registered Users and Non-Registered Users shall individually or collectively be referred to as "Users".

ACCESS AND USAGE RIGHTS OF USERS

CONTENT

The data and information available on the Application may be categorized as follows:

1. Data and information generated or provided by Unregistered Users, HSP Registered Users and Registered Users on the Application ("User Content").
2. Data and information which Koinos (through itself or its contractors) has generated or procured for the Application and includes data and information generated or provided by HSP ("Koinos Content").

GENERAL TERMS OF USE

As required by law, you must be at least 18 years of age or more, have a sound mind and not debarred by any law to contract in order to access and use the Application and Services as a Primary User. In case the Application or Services are to be accessed or used by a minor (i.e. a person of less than 18 years of age), then only the legal guardian/representative of such person shall register himself/herself as a Primary User and create/add the profile of the minor as a Secondary User.

All Services will be requested for, and provided to, the Primary User only. A Secondary User may avail the Services rendered to the Primary User only as a beneficiary. The Primary User will be entirely responsible and accountable for the Secondary User's activity on the Application, as if the Application and Services were being accessed and used by the Primary User. However, this shall not discharge the Secondary User who is adult and of sound mind from liability towards Koinos or its contractors or agents and Koinos shall have the right to proceed against Secondary User and Primary User, either jointly or severally, for acts and omissions of Secondary User that violate the Agreement.

You will use the Application and the features provided on the Application only in relation to and in compliance with all applicable Indian laws. You will not use this Application, or any feature provided on the Application for any purposes not intended under this Agreement.

Certain Services are location specific. Depending on Your location certain Services may not be available to You.

You will not deliberately use the Application in any way that is unlawful or harms Koinos, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.

You will not use the Application for any illegal, immoral, offensive purpose or for any purpose that may infringe or violate any applicable laws and regulations.

You will not interfere, disrupt, or hamper with the proper functioning of the Application.

As a User, You may have access to business sensitive information. You shall not share such information with Koinos's direct competitors or use it for competitive purposes, except with Koinos's prior written consent for such purpose.

You understand that as part of Your registration process as well as in course of Your use of the Application, You may receive communication from Koinos on Your registered contact information. These communications will relate to Your registration, Services provided by Koinos, transactions that You carry out through the Application and any such information found suitable of Your attention by Koinos. Please note that Koinos will send these communications only to the contact details that You or HSP provide on the Application. It is Your responsibility to ensure that You provide the correct contact details for the transaction You wish to enter.

Further, Koinos may also send notifications and reminders to You for the features that You may be using on the Application. By accepting these Terms of Use You provide Us Your consent to collect Your medical records and/or reports from HSP. Koinos may also share the dynamic password with You in order to facilitate the online delivery of your medical report. You hereby consent to receive such communications from Koinos.

You will not share Your log-in details with anyone. You are responsible for maintaining the confidentiality of Your account access information and password. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify Koinos of any actual or suspected unauthorized use of the Your account or password. Koinos will not be liable for Your losses caused by any unauthorized use of Your account. You may be liable for the losses of Koinos or others due to such unauthorized use.

SERVICES

KOINOS' RIGHTS TO THE APPLICATION AND KOINOS CONTENT

Koinos respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the Koinos Content are protected by applicable intellectual property laws.

USER CONSENT & PRIVACY

You have the option of uploading Your identifiable health information including physical, physiological, and mental condition, and medical records and history on the Application which may be accessed by Koinos and/or HSPs using the Application, during the course of providing Services to You. If You are a Secondary User, Your information may be provided to Us by the Primary User under whose account you are using and accessing the Application and Services. If you have not lawfully authorized the Primary User to do so, kindly reach out to us immediately at support@koinossolutions.com By continuing to access and use the Application and Service, You confirm that You as a Secondary User have authorized Primary User to provide Your information to us and on the basis of information provided by the Primary User - HSP would generate the prescription in the Secondary User's name.

We may collect various personal information from You when You use the Application and for the features provided by the Application.

Our Privacy Policy sets out terms with respect to the collection, storage, use, processing, transfer, and disclosure of any such personal information.

When You click on the 'I accept' tab at the time of registering or access the Application or otherwise provide Your personal information, You specifically consent to Our Privacy Policy & Terms and Conditions.

Koinos may disclose/transfer Your Personal Information in accordance with applicable law and for the purposes as set out in the Privacy Policy.

Koinos is required by law to maintain the privacy and confidentiality of Your medical information. We assure to take Your privacy seriously and to maintain privacy and confidentiality of the information provided by You to Us. We, however, do not represent, warrant or guarantee that Our safeguards to prevent unauthorized access to Your personal information is fool proof.

Further, Koinos may itself have to access Your medical information (medical records, consultation history, transcripts etc.) in order to investigate any deficiencies, complaints, or grievances that You bring to the notice of Koinos. You hereby specifically authorize Koinos to access Your medical information in such cases.

OTHER WEBSITES/MOBILE APPLICATIONS

You may be provided with links on the Application that direct You to third party websites/applications/ content or service providers (collectively "Third Party Content").

Links to such third-party applications are provided for Your convenience only. Please exercise Your independent judgment and prudence when visiting / using any Third-Party Content via a link available on the Application. Should You decide to click on the links to visit such Third-Party Content, You do so on Your own will. Your usage of such Third-Party Content is subject to the terms of use of the respective Third-Party Content and Koinos is not responsible for Your use of any Third-Party Content.

We do not extend the Agreement to any other websites/applications except for this Application. We do not make any warranty or give any security to the personal information disclosed by You to the other websites/applications, even if such websites/applications are linked to our Application or they are using our Application link.

Koinos does not endorse any Third-Party Content that You may be directed to from the Application.

KOINOS RESPONSIBILITIES

If Koinos suspects any illegal, wrongful, or fraudulent activity on the Application by any User, notwithstanding any other rights Koinos may have against such User, Koinos reserves the right to inform the relevant government or law enforcement authorities. Koinos will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.

Koinos reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Services as and when it deems fit, and make any such changes available in newer versions of Application at its discretion. All Users of its Services will be duly notified upon release of such newer versions and Koinos reserves the right to automatically upgrade all Users to the latest version of its Services as and when it deems fit.

The Application and Services may be subject to certain limitations, such as, limits on storage space, limit on bandwidth, unexpected downtime, unavailability of HSPs due to unforeseen circumstances, etc.

Koinos reserves the right to schedule/reschedule/cancel and swap HSPs at any time without prior intimation.

Koinos reserves the right to refuse Service at any time without providing any reasons. The terms applicable to refund and cancellation are specified below.

USER RESPONSIBILITIES

Your use of this Application shall be subjected to the following terms and conditions:

1. You will observe and comply with the terms and conditions of the Agreement in letter and spirit;
2. You will provide full and accurate information about Your health, medical history and personal care needs;
3. You will strictly adhere to the advice and instructions given by HSPs from time to time;
4. You will not delete or modify any content of the Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
5. You will not decrypt, decompile, reverse engineer, or disassemble the Koinos content;
6. You will not use any engine, software, tool, agent or other device or mechanism (such as robots, avatars or AIs) to navigate or search the Application;
7. You will not remove any copyright, trademark registration, or other proprietary notices from the Application. You further agree not to access or use this Application in any manner that may be harmful to the operation of this Application or its content;
8. You will not frame or hotlink or deep link any Koinos Content;
9. You will not use the Application and / or Services in any way that is unlawful, or harms Koinos or any other person or entity, as determined in the Koinos' sole discretion.
10. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "grieving" as those terms are commonly understood and used on the Internet;

11. You will not host, display, upload, modify, publish, transmit, update, or share any information that:

    1. belongs to another person and over which You does not have sufficient legal rights;
    2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. harm minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights(se), violates any law for the time being in force;
    5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    6. impersonate another person;
    7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Without prejudice to the rights that Koinos may have under other provisions of the Agreement, where Koinos has reasons to believe that a User has violated a term or condition of the Agreement, then Koinos shall, in its sole discretion:

1. Suspend provision of Services; and/or
2. Suspend the account of the User until there is enough information available with Koinos to determine whether the User had violated a term or condition of this Agreement; and/or
3. Suspend or terminate the account of the User where Koinos has determined that the User had violated a term or condition of this Agreement; and/or
4. Approach User to make good that loss or damage caused to Koinos as a pre-condition to revoke the suspension; and/or
5. Take any such action against the User as it permissible under law; and/or
6. Raise invoice of Services availed by the User; and/or
7. Disable and/or delete such User Content that is in contravention of the Agreement while preserving such information and associated records for the purpose of production to governmental authorities for investigation purposes.

PAYMENT, FEES AND TAXES

Once You register as an HSP, You agree to pay all subscription fees, other fees applicable to Your use of the Services. Koinos will provide in the web platform the subscription fees for the usage of the Application.

You are solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Koinos is in no way responsible for any of the taxes except for its own income tax.

The fees could be paid online through the facility made on the Application. Third parties support and services are required to process online fee payment. Koinos is not responsible for any loss or damage caused to User during this process as these third parties are outside the control of Koinos.

At the sole discretion of Koinos, the fees could also be paid via bank transfer and the relevant bank details will be communicated with the User.

All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount to Koinos' designated bank account.

An invoice for fees against Services received by You will be generated periodically and will be intimated to You on the Application and/or on Your contact details. You may be requested to make the payment immediately or on a deferred basis, as may be discussed and mutually agreed. In case the fees against Services are not received within the requested timeframe, Koinos reserves the right to stop provision of Services on immediate basis, permanently delete Your account and all information stored against your account and suspend or terminate the Agreement. You will be solely responsible for the consequences of non-payment for the fees within the requested timeframe and have no right of recovery in any form against Koinos.

Koinos shall send an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You. Please check our privacy policy on how Koinos uses the confidential information provided by You.

ACTIVATION, DELIVERY, REFUNDS & CANCELLATIONS

PATIENT EMERGENCIES

The Services are not a replacement for emergency services offered at hospitals and should not be accessed if the patient is in a critical condition. In Medical Emergency (defined hereunder), please contact emergency services and/or rush to the nearest hospital.

"Medical Emergency" will include a serious and unexpected situation that may involve illness or injury and requiring immediate medical attention in the absence of which, possess an imminent threat/risk to life and can potentially lead to death in the absence of the medical attention. In such situation patient (adult and minor) may undergo through any or multiple of the following conditions:

1. development of chest pain;
2. sudden breathing difficulty;
3. inability to speak;
4. inability to move any of the body parts;
5. loss of consciousness;
6. sudden loss of vision and/or hearing;
7. not oriented to surrounding;
8. sudden abnormal behavior;
9. sudden irritability;
10. extreme lethargy;
11. extreme discomfort;
12. sudden worsening of any pre-existing medical conditions;
13. sudden development of severe pain.

REPRESENTATIONS AND WARRANTIES

By Using This Application, You hereby represent and warrant that:

1. You are 18 years of age or older and that Your use of the Application shall not violate any applicable law or regulation;
2. Where a minor may access or use the Application or Service, You will ensure that such access or use happens through Your account and under Your personal supervision. Further, You accept to be accountable and liable for the activity of the minor on the Application, including in respect of the Services availed on the Application;
3. All registration information You submit is fully stated and accurate and that You agree to maintain the accuracy of such information;
4. You as a Registered User will use the Application solely for Your personal and non-commercial use. Any use of this Application or its content other than for personal purposes is strictly prohibited.

Koinos represents and warrants that:

1. it is a company duly registered under the [Companies Act, 2013] and has the power and authority to provide the Services and the Application;
2. it has all permits, approvals and licenses necessary to carry out the Services and in fulfilling its obligations hereunder;
3. by entering into this Agreement, Koinos does not violate any of the previous arrangements entered into with other entities to which it is a party;

DISCLAIMERS

You understand that there are inherent risks involved in receiving medical services over a mobile/computer platform, which include:

Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision making by a HSP;

1. Your HSP may neither be able to provide medical treatment to You nor provide for or arrange for care that You may require in the case of an emergency;
2. Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Application;
3. Security protocols could fail, causing a breach of privacy of Your confidential medical information.
4. A lack of access to complete medical records may result in errors in medical judgment.

User may expect the anticipated benefits from the Services provided by Koinos, HSPs and its authorized representatives, but no results can be guaranteed. User's condition may not be cured or improved, and in some cases, may get worse.

Koinos hereby disclaims any responsibility towards Users in terms of development, maintenance and updating of the Application.

Any modification, development, maintenance or updating of the Application and any modification, transfer, license, or assignment of the rights in the Application shall be done by Koinos as per its sole judgment and in its sole discretion.

The Application and Services provided by Koinos is provided "as-is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, Koinos disclaims all liability arising out of the User's use or reliance upon the Application, the Services, the Koinos Content, representations and warranties made by Koinos or any opinion or suggestion given or expressed by Koinos or its contractors and agents (including HSPs).

Specifically, Koinos disclaims any liability arising out of:

1. Any pre-existing medical condition; or
2. Sudden escalation of a prior medical condition or medical situations that occur on account of omission of critical and material health information by a User or for any other reason.

Koinos assumes no responsibility and shall not be liable for ways in which Your personal data is used. It is the responsibility of You alone to ensure that Your personal data is used in compliance to applicable privacy laws.

Koinos assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, the same may be brought to the notice of Koinos for remedial action, and in case it is not resolved the User's sole remedy is to discontinue using the Application.

Neither Koinos nor its contractors and agents (including HSPs) shall be liable to a User, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of Koinos or its contractors and agents is proven.

Use of the Application does not include the provision of a computer or mobile device or other necessary equipment to access it. To use the Application You will require internet connectivity and appropriate telecommunication links. Koinos shall not have any responsibility or liability for costs incurred in procuring any equipment or telephone or other costs you may incur in connection with the use of the Application.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Koinos or its contractors or agents (including HSPs) or any of their directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill) arising from, or directly or indirectly related to, the use of, reliance on, or the inability to use or rely on, the Application or the Services, materials and functions related thereto whether or not Koinos has been warned of the possibility of such damages or could have reasonably foreseen such damages.

Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User's use of the Application exceed, in the aggregate, INR 5000 or the amount of payment against Services that has been directly received by Koinos from the User in the past three months, whichever is lower.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Koinos, Koinos's contractors, agents, representatives and other authorized users (Registered and Non-Registered Users, Patients, HSPs), and each of the foregoing entities' respective contractors, agents, representatives, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from:

1. Your use of the Application or Service,
2. Your breach of terms, conditions or provisions of this Agreement, or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim,
3. Any negligent or intentional wrongdoing on Your part,
4. Misrepresentations or fraudulent feedback that has adversely affected Koinos or its Users,
5. User's actions resulting from the User's viewing of Content on Koinos Application,
6. Any legal or third-party intellectual property right claim that may arise from the User Content and
7. Any such claim or liability arising out of unauthorized use of Application and content within the Application.

USER ACCOUNT SUSPENSION

In the event where a User has breached the Agreement in Koinos's sole judgment or when Koinos is unable to verify or authenticate any information provide by User to Koinos or when User fails to provide the consents necessary or desirable for Koinos to provide the Services (or after providing such consent, later revokes), Koinos reserves the right to suspend and / or terminate the User's account and/or access to the Application by blocking Your IP address or email id or phone number with or without notice to the User. Any suspected illegal, fraudulent, or abusive activity may be grounds for suspending and / or terminating User account and/or User access to the Application and/or Services. Upon suspension or termination, Your right to use the features on the Application including Services shall immediately cease and Koinos may permanently remove or delete Your information that is available with Koinos, including but not limited to login and account information.

Koinos shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension of User's account, or any other actions taken by Koinos in connection with such account termination or suspension.

Once User's account has been temporarily or indefinitely suspended or terminated, User may not continue to use the Application under the same account, a different account or by fresh registration under a new account.

TERMINATION

This Agreement will remain in full force and effect while You use the Application in any manner or capacity.

You can terminate Your relationship with Koinos at any time by providing ninety (90) days' prior written notice at info@koinossolutions.com. We need this period to inactivate User account, only after verifying if there are any ongoing or pending Services. Koinos may require User to continue until the completion of an on-going Service should the situation warrant.

Koinos may terminate its relationship with You after providing 30 (thirty) days' prior written notice to Your registered email address or contact details provided. However, it does not prejudice Koinos' right to refuse Service to You without providing any reason.

Koinos may terminate the Agreement without notice and with immediate effect were in the sole discretion of Koinos:

1. Any material relating to personal and medical information furnished by a User appears to be untrue; or
2. A User is critical or unstable or dead; or
3. Provision of Services poses a risk to life of HSPs; or
4. Financial dues have not been paid by a User within requested timeframe; or
5. User fails to co-operate with HSPs or Koinos; or
6. HSPs and/or other Koinos resources are no longer adequate, available and/or suitable to accommodate User's health requirements.

Koinos reserves the right to suspended or withdrawn any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application from you personally or all users temporarily or permanently at any time and without notice. Koinos may also impose restrictions on the length and manner of usage of any non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application for any reason. Koinos may change or update the non-paid version of any variant, tool, edition, add-on, and ancillary product or service of the Application without notice to you. If the need arises, we may suspend access to such part of the Application or close it indefinitely.

APPLICABLE LAW, JURISDICTION OF COURTS AND DISPUTE RESOLUTION

The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with laws of India.

The parties shall be bound to submit all disputes and differences howsoever arising out of or in connection with this Agreement to arbitration by one (1) arbitrator, mutually appointed by the parties. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be Alappuzha, Kerala. Subject to the aforesaid, the competent courts of Alappuzha, Kerala shall have jurisdiction to grant urgent interim reliefs to the parties.

The parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.

MISCELLANEOUS