Terms and Conditions

Effective Date: September 9, 2024

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1. INTRODUCTION

1.1. The provisions of these Terms and Conditions, hereinafter referred to as “Terms of Use,” govern the relationship between the User, hereinafter referred to as “You”, “Your” or “User,” and AMVHT Healthcare Private Limited, hereinafter referred to as “We”, “Us”, “Our” or “Company” having it’s registered office at A403, Giriraj flat, Bhairavnath road, Sardar Patel School, Mani Nagar, Ahmedabad, Ahmedabad City, Gujarat, India, 380008, regarding Your use of the Company’s Mobile based Application “Bloom Application”, hereinafter referred to as “App”, owned and operated by the Company, and related Services, including all information, text, graphics, software, and Services, available for Your use, hereinafter referred to as the “Content”. These Terms of Use of the App describe the terms on which the Company offers You access to the App and the Services through the App.

1.2. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE APP OR ACCESSING ANY MATERIAL, INFORMATION, OR SERVICES THROUGH THE APP. YOUR USE OF THE APP OR THE SERVICES PROVIDED BY THE APP SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT AS LONG AS YOU ARE A USER OF THE APP. IN THE EVENT OF TERMINATION OF ANY MEMBERSHIP OR SERVICE, YOU WILL STILL BE BOUND BY YOUR OBLIGATIONS UNDER THIS AGREEMENT AND THE BLOOM PRIVACY POLICY, INCLUDING ANY INDEMNIFICATIONS, WARRANTIES, AND LIMITATIONS OF LIABILITY.

1.3. This document is an electronic record in terms of the Information Technology Act, 2000, and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.4. We may enable end Users to view a collection of health-related information authored by and sourced from a third party, namely, Data Requisite (https://datarequisite.com/) (“Third Party Content”). We claim no ownership or rights with respect to such Third-Party Content, except for the right to make such Third-Party Content available for end Users to view. Being an intermediary, We have no responsibility to peruse or review the views or opinions expressed in such Third-Party Content, and such Third-Party Content is made available on an “as is” basis.

2. ELIGIBILITY TO USE

2.1. The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed by the Company for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use of the App. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Us through Your legal guardian in accordance with the applicable laws.

2.2. If You are a minor, i.e., under the age of 18 years, You may use the App or access content on the App only under the supervision and prior consent/ permission of a parent or legal guardian. Guardians must provide valid ID and are responsible for compliance with these Terms of Use. As a minor, if You wish to transact on the App, such transaction on the App may be made by Your legal guardian or parents. We reserve the right to terminate Your membership and/or refuse to provide You with access to the App if it is brought to Our notice or if it is discovered that You are incompetent to contract.

3. MEMBERSHIP AND REGISTRATION

3.1. In order to avail the Services, You will be required to create and maintain an account specific to you (“Health Account”), which You may use to store information, documents, reports, and prescriptions pertaining to Your health/medical condition, whether provided by practitioners or external medical professionals. Your Health Account will be personal to You, and You will control all information stored in Your Health Account.

3.2. The App will broadly enable Users to be able to access, upload, modify, erase, store, and/or download information, reports, documents, text, photographs, images, illustrations, designs, graphics, audio, video, ideas, suggestions, proposals, and/or other related information (together "User Content"). Users will also be able to access health-related information and content by third parties as well as Share User Content and/or other information, as permitted.

3.3. To access or use the App, You must set up an account by providing information about yourself as prompted on the sign-up page of the App, which may include Your name, gender, mobile number, and other details relevant to register Your account. The Services may allow You to enable or log in to the Services via various social networking services like Facebook or Twitter (“Social Network Service(s)”). To take advantage of this feature, We will ask You to log into or grant Us permission via the relevant Social Network Service. When You add a Social Network Services account to the Service or log into the Service using Your Social Network Services account, We will collect relevant information necessary to enable the Service to access that Social Network Service and Your data contained within that Social Network Service. As part of such integration, the Social Network Service will provide Us with access to certain information that You have provided to the Social Network Service, and We will use, store and disclose such information in accordance with Our Privacy Policy. However, please remember that the manner in which Social Network Services use, store, and disclose Your information is governed by the policies of such third parties, and We have no liability or responsibility for the privacy practices or other actions of any Social Network Services that may be enabled within the Service. Your login ID and password or other log-in ID and password as shared through the Social Network Services, will be created based on the information provided by You, which You can use to access Your account at any time. Your credentials shared by You at the time of registration and Your User login ID and password are referred to as “Account Information”. It is Your responsibility to ensure that all information entered by You is up to date on the App at all times.

3.4. You are responsible for maintaining the confidentiality of Your Account Information and are fully responsible for all activities that occur under Your account. You agree to immediately notify the Company of any unauthorized use, suspected unauthorized use of Your account, or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

3.5. If We detect any misuse of Your Health Account or non-adherence to the Terms of Use, We may indefinitely suspend, terminate, or block access to Your membership on the App and refuse to provide You with access to the App.

3.6. The Company does not actively scrutinize the content uploaded by the Users on the App but reserves the right to remove any content uploaded at its sole discretion and without any prior notice.

3.7. The Company may use the data submitted by You after due anonymization for running Artificial Intelligence (AI) algorithms in order to provide predictive and preventive health analysis or notify the Users regarding the same. By agreeing to these Terms of Use herein, You allow and provide consent to the Company for using Your anonymized data.

3.8. When You register the account, You represent and warrant to the Company that:

4. SUBSCRIPTION, FEES AND PAYMENT

4.1. Registration on the App and access to the information provided on the App is free. We do not charge any fee for accessing or browsing through the App.

4.2. Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription directly from the Company or through an App Store either by (1) paying a subscription fee in advance on a recurring interval disclosed to You prior to Your purchase; or (2) prepayment giving You access to the Service for a specific time period.

4.3. You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the App. You shall not use a credit/ debit card, which is not lawfully owned by You, i.e., in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. We shall expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

4.4. The subscription fee for the Service and any other charges You may incur in connection with Your use of the Service, such as taxes and possible transaction fees, will be charged to Your Payment Method on the specific payment date indicated on the "Account" page. The length of Your billing cycle will depend on the type of subscription plan that you choose when You signed up for the Service. In some cases, Your payment date may change, for example, if Your Payment Method has not been successfully settled, when You change Your subscription plan, or if Your paid subscription began on a day not contained in a given month.

4.5. You must cancel Your membership before it renews to avoid being charged the membership fee for the next year. You can cancel Your membership at any time by logging into Your account and selecting cancel membership or contacting us at unsubscribe@mybloom.in If You cancel Your membership and Your subscription term has not expired, You may continue to use the services until the end of Your then-current membership term, and Your membership will not be renewed after Your then-current term expires. However, You will not be eligible for a prorated refund of any portion of the membership fee paid for the thencurrent membership period.

4.6. We reserve the right to change, terminate or otherwise amend the subscription plan, addon benefits, subscription fees, or any add-on fees for the subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on Our App, and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

4.7. Any request for change or cancellation in any subscription plan and/or the add-on(s) prior to the expiration of the current subscription plan period will not entail You with a refund for any portion of the subscription fee paid by You for the unexpired period, except where upgrading to a higher subscription plan and/or an Add-on(s), as the case may be.

5. USER REPRESENTATIONS AND OBLIGATIONS

5.1. By using the App, You represent and warrant that:

5.2. The User is responsible for maintaining the confidentiality of the information stored in the Health Account and related access information. The User shall be responsible for all usage of the Health Account, whether or not authorized by the User.

5.3. The User shall immediately notify Us of any actual or suspected unauthorized use of His/Hers/They Health Account. We shall not be liable for any losses caused by any unauthorized use of Your Health Account. If a User provides any data and/or information that is untrue, inaccurate, infringing, not current, or incomplete (or becomes untrue, inaccurate, infringing, not current, or incomplete), or We have reasonable grounds to suspect that such data and/or information provided by Useris untrue, inaccurate, infringing, not current or incomplete, We have the right to delete such data and/or information and discontinue the User Health Account and Services to such User at its sole discretion. You will be liable for Our losses or losses of such other parties, as the case may be, caused due to any unauthorized use of Your Health Account.

5.4. It is Your responsibility to enter and maintain Your correct updated access information and/or Your updated data in Your Health Account. User-created information and related data shall be stored in the Health Account associated with the respective User-provided contact mobile number. Every time You change Your contact information, We may validate the same before updating such information in Our systems. We are not responsible for any loss or inconvenience caused due to Your non-performance with regard to Your Health Account.

5.5. We shall allow You, at Your risk, option, and discretion, to securely share Data and other information (as applicable) using the available share functionality within the App, as applicable through Your Health Account. The User is responsible for such information, the access and sharing of the same, and with whom He/She/They shares it with. We shall not be liable for any breach and/or loss resulting due to such sharing of the information by the User.

5.6. As a User of the App, You agree not to:

6. INTELLECTUAL PROPERTY RIGHTS

The App, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork, and computer code on the App, are owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel, and arrangement of such Content is protected by copyright, patent and trademark laws, and various other Intellectual Property Rights. The trademarks, logos, and service marks displayed on the App ("Marks") are the property of the Company or their third-party partners or respective third parties. You are not permitted to use the Marks without the prior consent of the Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights in and to the trademark [●], domain name Bloom, and the Website www.mybloom.in, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from the Company or third-party owner of such Content.

7. THIRD-PARTY ADS

The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, "Third Party Ads"). Such Third-Party Ads are not under the control of the Company, and the Company is not responsible for any Third-Party Ads. We provide these Third-Party Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third-Party Ads. Advertisements and other information provided by Third-Party Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources. You agree that We are not responsible for nor will be liable to You or any third party for Your interaction with such third parties.

8. FEEDBACK AND OTHER CONTENT.

The App may permit You to, or You may otherwise submit feedback, User community contributions and comments, technical support information, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the App. You grant to the Company a royalty-free, unpaid, non-exclusive, perpetual, irrevocable, worldwide, transferable license to display, use, copy, modify, publish, perform, translate, create derivative works from, sublicense, distribute, and otherwise exploit such content without restriction. You also agree that the Company may freely use such feedback for any lawful purpose without restriction.

9. WARRANTIES & DISCLAIMER

9.1. THE USE OF THE APP AND SERVICE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES, UNDERTAKINGS, OR GUARANTEES OF ANY KIND FOR ANY PURPOSE WHATSOEVER, AND WE DO NOT ASSUME ANY LIABILITY IN RELATION TO (AND IN RELATION TO THE USE OF) THE APP, SERVICE, CONTENTS, MATERIALS, PRODUCTS, SERVICES, THIRD PARTY WEBSITES OR OTHER APPLICATIONS, OR SERVICES THAT MAY BE ACCESSED THROUGH APP. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND IN ANY EVENT WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED) IN THIS REGARD WHETHER ARISING BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL REPRESENTATIONS OR WARRANTIES RELATING TO (A) ACCURACY, (B) FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, OR HAVE REASON TO KNOW OR HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) NON-INFRINGEMENT OR CONDITION OF TITLE, AND (D) THAT APP OR SERVICE WILL OPERATE WITHOUT INTERRUPTION, ERROR OR SHALL BE BUG OR VIRUS OR ERROR-FREE.

9.2. WE 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, BROWSING APP, OR THE DOWNLOADING OF ANY CONTENT, MATERIAL, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE APP.

9.3. WE ASSUME NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE THIRD-PARTY CONTENT, AND PUBLICATION OF THE THIRD-PARTY CONTENT ON THE APP SHALL IN NO MANNER BE CONSTRUED AS AN ENDORSEMENT OF THE VIEWS AND OPINIONS EXPRESSED IN THE THIRD-PARTY CONTENT, BY THE COMPANY. THE COMPANY DOES NOT AGGREGATE OR CURATE THE THIRD-PARTY CONTENT MADE AVAILABLE ON THE APPLICATION. ALL THIRD-PARTY CONTENT IS PROVIDED BY THIRD PARTIES AND/OR ITS AFFILIATES AND ARE GOVERNED BY THE TERMS AND CONDITIONS OF THE RESPECTIVE THIRD PARTY AND/OR THE AFFILIATE PROVIDING SUCH CONTENT. YOU ARE ENCOURAGED TO REFER TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTIES AND/OR AFFILIATES. WE ADVISE ENDUSERS NOT TO CONCLUSIVELY RELY ON THE OPINIONS EXPRESSED IN ANY THIRD-PARTY CONTENT AND TO CHECK WITH A QUALIFIED MEDICAL PRACTITIONER BEFORE RELYING UPON ANY THIRD-PARTY CONTENT. ACCORDINGLY, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE SUFFERED BY AN END-USER AS A RESULT OF RELYING UPON ANY SUCH THIRD-PARTY CONTENT. ALL INTELLECTUAL PROPERTY IN CONNECTION WITH THIRD-PARTY CONTENT IS OWNED BY THIRD PARTIES.

9.4. The App and the information made available thereon are merely tools that may be used to consolidate healthcare-related information and do not constitute the practice of any medical, nursing, or other professional healthcare advice, diagnosis, or treatment. The information made available through the Services does not replace professional medical advice, diagnosis, or treatment and should not be used for or relied upon for any such purpose. It is Your sole responsibility to seek any and all medical advice, diagnosis, and treatments from a licensed medical practitioner. We do not warrant that any description provided through the App is accurate, complete, reliable, current, safe, or error-free. The Services should not be and may not be the basis of any treatment decisions which are Your and Your licensed healthcare provider’s sole responsibility, and We assume no liability in respect thereof. The Services and the information contained within the App are not a certified electronic health record and any and all clinical or healthcare decisions should be made by a licensed medical practitioner. All data should be validated by the licensed medical practitioner.

9.5. Force Majeure: We shall not be liable for any downtime, delay, or unavailability of the App caused by circumstances beyond the Company’s reasonable control, including, without limitation, cyber-attacks, acts of God, acts of government, pandemics, epidemics, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, denial of service attacks, third-party service failures, transmission, equipment or network problems or limitations, interference, or signal strength.

10. INDEMNITY & LIMITATION OF LIABILITY

10.1. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from and against any claim, losses, liability, damages, and/or costs including attorneys' fees made by any third party due to or arising out of (i) Your use of the Service, (ii) Your User Content, or (iii) Your violation of these Terms of Use or (iv) infringement by any other User of his/her/its account, of any intellectual property or other rights of any person or entity. We will notify You of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost. This clause will survive these Terms of Use and will continue even after You cease to use the App.

10.2. To the maximum extent permitted by law, We, as well as Our affiliates and officers, directors, employees, and agents, will not be liable to You or anyone else for any direct or indirect/ consequential/special/punitive damages or losses, personal injury, mental anguish, emotional distress, or any other personal loss (whether under law, contract or torts) that result from the access to or use of, or inability to access or use of the App. We assume no responsibility and shall not be liable for any damages to or viruses that may infect Your equipment on account of Your access to, use of or browsing the App, or the downloading of any material, data, text, images, video content, or audio content from the App. If You are dissatisfied with any matter in relation to any of the above or with any of the terms of this Agreement, please cease to use the App.

10.3. You also agree not to join in any lawsuit and/or litigation with another person or serve as a class representative of any class action lawsuit against the Company and/or any of its directors, officers, employees, agents, and affiliates arising out of the use of the App.

11. TERMINATION

11.1. We reserve the right, at Our sole discretion, to suspend or terminate a User’s access to the App and the Services, with or without prior notice, and to exercise any and all remedies available under the applicable law, in the following circumstances: