A. Applicability of the agreement

1. This Agreement applies to those services made available by BAMAYA-BABYMOMYCARE on the Website to the Users (“Services”), including the following:

A. For Consultants:

• Listing of Consultants their profiles and qualification, experience details, to be made available to the other Users and visitors.
• create and maintain ‘BAMAYA-BABYMOMYCARE Expert Panel’

B. For all Users other than Consultants: Facility to:

• create and maintain ‘BAMAYA-BABYMOMYCAREUser Panel’,
• Search for Consultants by name, specialty, and geographical area, or any other criteria that may be developed and made available by BAMAYA-BABYMOMYCARE, and
• to make appointments with Consultants,
• To engage with the Consultants and share their data.

2. Services made available by BAMAYA-BABYMOMYCARE on the Website:

A. Medical Services: Services to be provided bymedical Consultants including paediatrician, paediatric dentist.

B. Other Services: Services other than medical services by consultants those are Child nutritionist, child psychologist, parenting advisor, child financial and career consultant, child/maternity photographer.

3. The Agreement applies to you whether you are –

A. Consultant: Includes, but not limited to, medical Consultants, health care providers,paediatrician, paediatric dentist, Child nutritionist, parenting advisor, child psychologist, child financial/career planning consultant and Child/Maternity Photographer (whether an individual professional or an organization) or similar institution wishing to be registered, or already registered, on the Website, including designated, authorised associates of such Consultants or institutions. (Consultant , you, or user)

B. A customer, his/her representatives or affiliates, searching for Consultants or registered through the Website (“End-User”,“customer”, “you” or “User”); or

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

4. The Services may change from time to time, at the sole discretion of BAMAYA-BABYMOMYCARE, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.If you have any questions about any part of the Agreement, feel free to contact us at [email protected].

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

6. 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 Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

7. 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.

8. Your access to use of the Website and the Services will be solely at the discretion of BAMAYA-BABYMOMYCARE.

9. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

A. the Indian Contract Act, 1872,

B. the (Indian) Information Technology Act, 2000, and

C. Telemedical practice guideline, 2020

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”) or any other applicable Acts or Rules, Regulations made thereunder.

TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN CONSULTANTS

CUSTOMER ACCOUNT AND DATA PRIVACY

10. Refer to the website privacy policy.

BABYMOMYCARE USER PANEL

11. BAMAYA-BABYMOMYCARE enables Users to create their profile, Search Consultant(s), select Consultant(s), Book appointment, view booking history, Take part in discussion, Start a discussion on BAMAYA-BABYMOMYCARE Users Portal.

12. BAMAYA-BABYMOMYCAREauto-confirm the appointments with the consultants.BAMAYA-BABYMOMYCARE has no liability if the Consultants are not available as per the given appointment time.

13. 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 BAMAYA-BABYMOMYCARE responsible for any such interactions and associated issues. For avoidance of doubt, BAMAYA-BABYMOMYCARE is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the Consultant you interact with, pursuant to any interactions on the Website. If you decide to engage with a Consultant to provide medical or non-medical services to you, you do so at your own risk. BAMAYA-BABYMOMYCARE shall not be responsible for any breach of service or service deficiency by any Consultant. We cannot assure nor guarantee the ability or intent of the Consultant(s) to fulfil their obligations towards you.

14. We advise you to perform your own investigation prior to selecting a Consultant.

15. Payment and Cancellation Policy

• For In-Person/Physical appointments consultations, BAMAYA-BABYMOMYCARE only facilitates the appointment management between the Consultant office and the customer. BAMAYA-BABYMOMYCARE charges booking amount and rest payment will be collected at the Consultant’s office.
• For tele consultations, BAMAYA-BABYMOMYCARE collects the consulting fees along with a convenience and all taxes payable after which the appointment will be confirmed. BAMAYA-BABYMOMYCARE shall not be liable for any refunds to the customer in the event the customer’s booked slot/ time for an appointment has been delayed or cancelled. However, BAMAYA-BABYMOMYCARE will work with the customer to schedule another appointment with the same or an other Consultant.

16. Customer’s booked slot/ time for an appointment can be not be cancelled.

17. Any grievances can always be communicated to the support team at [email protected].

• Without prejudice to the generality of the above, BAMAYA-BABYMOMYCARE will not be liable for:
• For Medical consultation, any wrong medication or treatment quality being given by the Consultant(s), or any medical negligence on part of the Consultant(s);
• For Non Medical consultation, any wrong advise or consultation quality being given by the Consultant(s),
• any type of inconvenience suffered by the User due to a failure on the part of the Consultant to provide agreed services or to make himself/herself available at the appointed time, no show by the Consultant, inappropriate treatment, or similar difficulties;
• any misconduct or inappropriate behaviour by the Consultant or the Consultant’s staff;
• cancellation or rescheduling of booked appointment or any variance in the fees charged;
• any medical eventualities that might occur subsequent to using the services of a Consultant, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

18. Further, BAMAYA-BABYMOMYCARE 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 BAMAYA-BABYMOMYCARE’s sole discretion and may be modified or withdrawn at its sole discretion. BAMAYA-BABYMOMYCARE may moderate such feedback at any time. BAMAYA-BABYMOMYCARE shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Consultant from the Website.

19. BAMAYA-BABYMOMYCARE provides value added “Teleconsultation Services” which connects Users directly to the Consultants and the information exchanged between the User and the Consultants is recorded and stored and used in accordance with the Privacy Policy. However, it is at the discretion of the consultant, to avail the Service. If a User has used the Teleconsultation service, BAMAYA-BABYMOMYCARE reserves the right to share the contact details of the User with the Consultants contacted.

20. Without prejudice to the generality of the service, BAMAYA-BABYMOMYCARE has no role to play in determining the consultation fees of the Consultant’s. The consultation fees are determined at the discretion of the Consultant’s and BAMAYA-BABYMOMYCARE will charge the Consultants consultation fee along with a convenience fee and taxes payable at the time of appointment with the customer.

21. BAMAYA-BABYMOMYCARE enables Users to stay connected with Consultants by posting their consultancy related queries or posting their progress in chat section in the users panel. BAMAYA-BABYMOMYCARE allows Consultants to respond or monitor such queries securely using the in chatsection in the Expert Panel provided to Consultants by BAMAYA-BABYMOMYCARE but in the stipulated time only after that consultant is booked for consultancy.

22. BAMAYA-BABYMOMYCARE allows users to post queries only to their Consultant’s. If the user sees more than 1 Consultant, the User will have an option to post questions by Consultant. All of the queries will be private, which will be only sent to the Consultant that the User is currently engaged with.

23. The User hereby grants consent to BAMAYA-BABYMOMYCARE to transfer the health related queries posted by the User to Consultants for the provision of the services under BAMAYA-BABYMOMYCARE and agrees that any such information provided by the User will be subject to our Privacy Policy.

24. BAMAYA-BABYMOMYCARE is intended for general purposes only and is not meant to be used in medical emergencies.

25. The User understands and agrees that any interactions and associated issues with the Consultant on BAMAYA-BABYMOMYCARE Engage including but not limited to the User’s health issues and the User’s experiences is strictly between the User and the Consultant. The User shall not hold BAMAYA-BABYMOMYCARE responsible for any such interactions and associated issues. BAMAYA-BABYMOMYCARE is not involved in providing any healthcare or medical advice, any remedies or diagnosis and hence is not responsible for any outcome between the User and the Consultant, the User interacts with. If you decide to engage with a Consultant to provide medical /non medicalservices to you, you do so at your own risk. BAMAYA-BABYMOMYCARE shall not be responsible for any breach of service or service deficiency by any consultant or health care provider.

C. TERMS OF USE CONSULTANTS

BAMAYA-BABYMOMYCARE Expert Panel

26. BAMAYA-BABYMOMYCARE, directly and indirectly, collects information regarding the Consultants’ profiles, contact details, and experience. BAMAYA-BABYMOMYCARE reserves the right to take down any Consultant’s profile as well as the right to display the profile of the Consultants, with or without notice to the concerned Consultant. This information is collected for the purpose of facilitating interaction with the customers. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform BAMAYA-BABYMOMYCARE immediately to enable BAMAYA-BABYMOMYCARE to make the necessary amendments.

27. BAMAYA-BABYMOMYCARE shall not be liable and responsible for the ranking of the Consultants on external websites and search engines.It is based on predefined website algorithm.

28. Consultant shall be bounded by privacy policy of website.

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

30. Consultants explicitly agree that BAMAYA-BABYMOMYCARE reserves the right to publish the Content provided by Consultants to a third party including content platforms.

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

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

33. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. BAMAYA-BABYMOMYCARE shall not be liable for any effect on Consultant’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. BAMAYA-BABYMOMYCARE however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content.

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

35. BAMAYA-BABYMOMYCARE shall not indulge in any legal matter regarding content uploaded on website by users or consultants in form of blog or discussion.

36. BAMAYA-BABYMOMYCARE doesn’t rank Consultant, but provides various search criteria in the best interest of the customers and may adjust the search results algorithm from time to time to improve the quality of the results given to the customers. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Consultants. BAMAYA-BABYMOMYCARE shall not be liable for any effect on the Consultant’s business interests due to the rank of the consultant in the search results.

37. BAMAYA-BABYMOMYCARE enables booking for Consultants and End Users to conduct in-person consultations through physical appointment booking facility or using teleconsultancy mediums audio/video through its dedicated line and at their facility Provided that only selected category of consultants shall have option to conduct in-person consultations through physical appointment.

38. Chat Service, The User may post queries in personal chat window on the dashboard on website only to the consultants they are associated with. Chat window for consultant will enable for next 7 days after the consultancy date. Consultants are thus liable to respond as their service.

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

40. BAMAYA-BABYMOMYCARE shall remit the fees to the Consultant in accordance with the terms agreed between the Consultants and BAMAYA-BABYMOMYCARE in payment agreement document.

41. BAMAYA-BABYMOMYCARE reserves the right to revise the fee terms at any time at their discretion. The Consultant’s continued use of the services shall constitute his/her consent to such revision.

42. Consultant hereby agrees that it shall use the website for the purpose specified in these Terms of Use and shall not use the website for any unauthorized and unlawful purpose, including impersonating another person.

43. Consultant needs to validate his/her profile after every predefined period by BAMAYA-BABYMOMYCARE, which is 6 months or may be modified and the same will be communicated to consultants.

44. Consultant hereby represents and warrants that he/she

• is qualified to provide medical services or any other services made available on the website within the territory of India;
• has obtained all licenses as required by law to provide services and has not committed any act or omission that might prejudice its continuance or renewal;
• Andhas provided BAMAYA-BABYMOMYCAREtrue, accurate, complete and up to date details about their qualification and credentials.

45. Consultant providing medical services agrees that he/she shall at all times abide by the applicable medical regulations and other applicable laws, rules, regulations and guildelins.

46. Consultants other than medical Consultant are advised not to provide any medication or any remedies that may cause harm or adverse effect to customer.

47. Consultants shall promptly renew their licensesrequired to provide medical services and other services and notify BAMAYA-BABYMOMYCARE about the same.

48. BAMAYA-BABYMOMYCARE reserves the right to terminate any account of the Consultant in case:

• The Consultant breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
• BAMAYA-BABYMOMYCARE is unable to verify or authenticate any information provided to it by a Consultant; or
• BAMAYA-BABYMOMYCARE in its sole and absolute discretion believes that actions of the Consultant may cause legal liability for BAMAYA-BABYMOMYCARE or other Users and / or may adversely affect the services rendered by BAMAYA-BABYMOMYCARE.

49. Consultant hereby agrees that, for any User that contacts the Consultant on BAMAYA-BABYMOMYCARE platform, only he/she or a registered provider with BAMAYA-BABYMOMYCARE shall be allowed to perform the services for the User and that the Consultant may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Consultant accepts all responsibility and liability of teleconsultancy, including the performance of its services, by any other party claiming to be the Consultant and hereby agrees to indemnify BAMAYA-BABYMOMYCARE against any claim or loss that may be faced by BAMAYA-BABYMOMYCARE consequent to such use.

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

51. Consultant agrees to render his/her services and fulfil their obligations towards their customers using their best efforts, skill and ability.

52. Consultants including Pediatrician and Pediatric dentistsshall follow Telemedicine Practice Guidelines- the Medical Council of India-25 March 2020. That guidelines are attached separately.

53. The Consultants shall provide prescription (for medical Consultant) or ( fornon medical professional) on the website and upload the prescription/caredocon the customer’s prescription/caredoc tab on website.

54. Any communication sent by or through BAMAYA-BABYMOMYCARE to the Consultant is based solely on information uploaded by the Users. BAMAYA-BABYMOMYCARE shall not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.

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

56. Consultant agrees and understands that some or all his/her services may be made available to the general public through the website or otherwise by BAMAYA-BABYMOMYCARE and that he/she has no objection to the same.

57. Consultant hereby agrees to assign to BAMAYA-BABYMOMYCARE in perpetuity all intellectual property rights residing in the responses provided by him/her for use by BAMAYA-BABYMOMYCARE worldwide.

BAMAYA-BABYMOMYCARE BLOG

58. BAMAYA-BABYMOMYCAREBLOG is blog page available on the website, wherein only admin can post health and wellness related contentprovided thatConsultants who have a BAMAYA-BABYMOMYCARE profile can request BAMAYA-BABYMOMYCARE to post health and wellness related content.

59. A Consultant will submit his/her content to BAMAYA-BABYMOMYCARE content writing team, who will help the Consultants to post their original content comprising text, audio, video, images data or any combination of the same, and uploading said Content to BAMAYA-BABYMOMYCARE’s servers.

60. The Content uploaded does not constitute medical advice and may not be construed as such by any person.

61. The Consultant acknowledges that they are the original authors and creators of any Content or comments uploaded by them via BAMAYA-BABYMOMYCAREBLOG and that no Content or comment uploaded by them would constitute infringement of the intellectual property rights of any other person. The Consultant also agrees to absolve BAMAYA-BABYMOMYCARE from and indemnify BAMAYA-BABYMOMYCARE against all claims that may arise as a result of any third party intellectual property claim if the Consultant downloads an image from BAMAYA-BABYMOMYCARE’s gallery and utilizes it for his/her personal or commercial gain.

62. The Consultant hereby assigns to BAMAYA-BABYMOMYCARE, in perpetuity and worldwide, all intellectual property rights in any Content or comment created by the Consultant and uploaded by the Consultant via BAMAYA-BABYMOMYCARE BLOG. While BAMAYA-BABYMOMYCARE will not claim credit for the content published, but BAMAYA-BABYMOMYCARE will use the content published for content marketing purposes without removing the original authors credits.

63. BAMAYA-BABYMOMYCARE shall have the right to edit or remove the Content and any comments in such manner as it may deem fit at any time.

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

D. TERMS OF USE FOR ALL USERS

LISTING CONTENT AND DISSEMINATING INFORMATION

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

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

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

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

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

CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

70. The contents listed on the Website are User generated content, orbelong to BAMAYA-BABYMOMYCARE.The information that is collected by BAMAYA-BABYMOMYCARE directly or indirectly from the End- Users and the Consultants shall belong to BAMAYA-BABYMOMYCARE. Copying of the copyrighted content published by BAMAYA-BABYMOMYCARE on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and BAMAYA-BABYMOMYCARE reserves its rights under applicable law accordingly.

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

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

BAMAYA-BABYMOMYCARE REACH RIGHTS

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

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

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

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

• belongs to another person and to which the User does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, 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;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

76. Users are also prohibited from:

• violating or attempting to violate the integrity or security of the Website or any BAMAYA-BABYMOMYCARE Content;
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by BAMAYA-BABYMOMYCARE;
• intentionally submitting on the Website any incomplete, false or inaccurate information;
• making any unsolicited communications to other Users;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the BAMAYA-BABYMOMYCARE Content or other information available from the Website;
• framing or hot linking or deep linking any BAMAYA-BABYMOMYCARE Content.
• circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

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

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

79. BAMAYA-BABYMOMYCARE respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

TERMINATION

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

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

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

LIMITATION OF LIABILITY

82. In no event, including but not limited to negligence, shall BAMAYA-BABYMOMYCARE, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

• provision of or failure to provide all or any service by Consultants to End- Users contacted or managed through the Website;
• any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
• any unauthorized access to or alteration of your transmissions or data; or
• any other matter relating to the Website or the Service.

83. RETENTION AND REMOVAL

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

APPLICABLE LAW AND DISPUTE SETTLEMENT

85. You agree that this Agreement and any contractual obligation between BAMAYA-BABYMOMYCARE and User will be governed by the laws of India.

CONTACT INFORMATION GRIEVANCE OFFICER

86. If a User has any questions concerning BAMAYA-BABYMOMYCARE, the Website, this Agreement, the Services, or anything related to any of the foregoing, BAMAYA-BABYMOMYCARE customer support can be reached at the following email address: [email protected] or via the contact information available on the websiteof BAMAYA-BABYMOMYCARE.

SEVERABILITY

87. If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

88. No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by BAMAYA-BABYMOMYCARE. Any consent by BAMAYA-BABYMOMYCARE to, or a waiver by BAMAYA-BABYMOMYCARE of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

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