TERMS OF USE FOR THIS MOBILE APPLICATION

Please take a moment to scroll down and read these terms of use (“TOU”). As these TOU governs the use of the App by the User/ Doctor. Please read these TOU carefully. By clicking on “I Accept” button the User/ Doctor agrees to be legally bound by these TOU. If you do not agree with the terms and conditions of this agreement, you are not granted permission to access or otherwise use the App, the content or the resources of the App by PinkTree Health Private Limited (“PinkTree”).

TERMS AND CONDITIONS

1. Definition for the terms used under this Terms and Conditions

1.1 Application (“App”):

Application, mobile application, platform or any other terminology used under this policy are all in reference to application , websites, products, services which are owned, developed by PinkTree and are provided to the User/ the Doctor.

1.2 The Resources:

The Content, Informational Articles, Resources or any other terminology used under this policy are all in reference to the resources that are made available to the User/ the Doctor registered on the App.

1.3 User:

Subscribers, User or any other similar terminology used under this policy are all in reference to the person who is a Patient and has registered himself/ herself on the App and is accessing or using the App and/or the Resources of the App.

1.4 Doctor:

Doctor, Medical Practitioner, Medical Expert, or any other terminology used under this policy are all in reference to the Doctor registered with medical council of India or such regulatory body established by the government of India and who has registered himself/ herself on the App and is accessing or using the App and/or the Resources of the App.

1.5 Content:

Content, Information, Blogs or any other terminology used under this policy are all in reference to software, text, graphics, images, sound recordings, audio-visual works, and other materials provided by or on behalf of the PinkTree.

1.6 Caregiver:

Caregiver under this policy is all in reference to the person who is a family member, immediate relative or friend of the User and whose details are provided by the User at the time of the registration or after registration on the App.

2. Services Provided by PinkTree

PinkTree provides an online platform through its App to Users to manage their medical conditions/ ailments related to Lungs and connect to Doctor with a comprehensive lung health mobile application/ website. The PinkTree through its services provide the User with an App through which the User can avail Resources, symptom management and relevant lifestyle goal setting with curated diet and exercise regimen, track improvement in disease condition, specialized digital care options in case of severe conditions or special needs and and to access a wide range of products available on the App. Doctor through the App can monitor the progress of the User, create events for the User and access a wide range of products as available on the App.

3. Contact Detail:

3.1 Registered Address: 

305 B Wing, Manish Mahal CHS Ltd, Jeevan Nagar, Off Veera Desai Road, Near Sai Baba Temple, Andheri West, Mumbai-400053, Maharashtra.

3.2 PinkTree Health Private Limited (CIN No U62099MH2024PTC433465)

3.3 Email Address: support@pinktreehealth.com

4. Terms and Condition for registering with the App

4.1 For User:

For availing the services on the App of the PinkTree the User is required to register with the PinkTree in the prescribed form as available on the App of PinkTree or through the unique QR code generated for linking it with a Doctor. User acknowledges that they provide PinkTree with accurate and complete registration information, and such other information as may be reasonably requested by PinkTree. 

Providing AADHAR number and ABHA number for the registration process is optional however, if the User provides the AADHAR number and ABHA number, then PinkTree will use the details to verify the details of the USER and in the future, to link the digital health records/ history of the User under the vision of Ayushman Bharat Digital Mission of the Government of India. The User acknowledges that he will not claim any damages from the PinkTree if any details of the AADHAR card or ABHA number is compromised or is stored by the third-party application at the time of linking digital health data under the vision of Ayushman Bharat Digital Mission of the Government of India. Also, PinkTree holds the exclusive right to admit any User on its App. 

 

On successful registration on the App, the User will be able to use certain features/services of the App free of cost. However, certain features/ services need the User to pay a subscription fee. Under no circumstance such paid subscription fee will be refunded to the User. Further, PinkTree at its sole discretion can modify, delete, update, insert, or change the subscribed features/ services available on the App and the User cannot claim any refund, costs or damages, arising out of such decision of PinkTree.

4.2 For Doctor:

For availing the services of the App of PinkTree, the Doctor is required to register in the prescribed form as available on the App. The Doctor acknowledges that they have provided PinkTree with accurate and complete registration information along with necessary documents such as the professional qualification and registration/ license number, and such other information as may be requested by PinkTree. 

Providing AADHAR number for the registration process is optional however if the Doctor provides the AADHAR number then PinkTree will verify the details of the AADHAR number using third party application/ service. The Doctor acknowledges that he will not claim any damages from the PinkTree if any details of the AADHAR card is compromised or is stored by the third party application. 

It is mandatory for the Doctor to provide his registered license number duly issued by the Indian Medical Council at the time of registration on the App. The Doctor acknowledges that the PinkTree will use third party application to verify the registered license number of the Doctor and if any detail of registered license number is compromised in verification process, then PinkTree will not be held accountable for any breach of information by third party application. It is agreed by the Doctor that he/ she may be denied registration on the App, if any verification fails or if PinkTree for any reason which it so deems fit at its sole discretion.

On successful registration on the App and completion of the verification process, the Doctor is required to pay subscription fees for using the features/ services of the App. Under no circumstance such paid subscription fee will be returned to the Doctor. Further, PinkTree at its sole discretion can modify, delete, update, insert, or change the subscribed features/ services available on the App and the Doctor cannot claim any refund, costs or damages arising out of such decision of PinkTree. A unique QR code will be generated for all doctors who register on the App successfully. The doctor can ask his/her User(s) to scan the QR code and download the App for registration purpose. The User will be linked to the doctor based on the QR code they scan.

4.3 The User and Doctor can register with the PinkTree using their Mobile Number or Email Id (to be verified by means of a One Time Password) or by linking their Google, Facebook or Apple ID Account. However, by linking the account the User and Doctor give their express consent to the PinkTree to retrieve name, mobile number, and photo, and email id, date of birth from the linked Google, Facebook or Apple ID Account. 

4.4 The User and Doctor further acknowledge that it is their responsibility to update PinkTree with any changes to the basic information such as an address, or contact number by changing the same using their login credentials or by contacting PinkTree at support@pinktreehealth.com. And in case of any grievances, the same is to be communicated on support@pinktreehealth.com.

4.5 If the User or Doctor believes that there has been a breach of security of their login credentials then they need to notify PinkTree immediately by sending an email on support@pinktreehealth.com. If PinkTree reasonably believes that the login credentials are compromised then it will take appropriate steps to resolve the issue and restore the login credentials. It is expressly agreed by the User and the Doctor that PinkTree shall not be liable/ responsible in any manner whatsoever for any loss of data/ information due to breach of security of their login credentials.

4.6 For the App to function properly the User and Doctor has to give certain device permissions to the PinkTree such as device location, device push notification, etc. If the User or Doctor fails to provide such permission to the App then they may not be able to use certain features of the App or the App may even not respond properly, and PinkTree shall not be held liable/ responsible if any function of the App turns non-functional for the said User or Doctor.

4.7 By registering with the platform of PinkTree the User and Doctor give their express consent for receiving any communication, newsletters, and promotional offers from the PinkTree.

5. Use of Data/ Information shared by the User/ the Doctor:

The User and Doctor acknowledge that the use of the App and/or the Resources may involve the transmission of your personally identifiable information (the “Personal Data”) or any other information to us. Our policies with respect to the collection and use of Personal Data and other information are governed according to our Privacy Policy available in the PinkTree app/website

6. Intellectual Property:

6.1 The User and Doctor acknowledge that this App contains material such as software, text, graphics, images, sound recordings, audio-visual works, UI/ UX and other materials provided by or on behalf of PinkTree (collectively, the “Content”). The Content is be owned by us or by third parties, and is protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and herein developed, whether registered or not by PinkTree or such third-parties.

6.2 The User and Doctor also acknowledge that the Content is and shall remain the property of the PinkTree or its licensors. You agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the Content. You should not modify, transmit or participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. 

6.3 However, you may print a single copy of the Content for your own personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. 

6.4 Nothing on this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the PinkTree assets displayed on this App, without our prior written permission. 

6.5 The User acknowledges that the intellectual property in the event shall vest with the creator or the organiser of such event such as the Doctor, PinkTree, Pharma Company, Healthcare Company or any other person as the case may be.

6.6 The User and Doctor acknowledge that the message in the chat section is the property of such User or the Doctor and the PinkTree does not have any right over such messages. And if any User or Doctor suffers any loss from such posted content then the PinkTree will not be liable for any loss to the aggrieved party. 

7. Age criteria for using the services of PinkTree

7.1 For User:

The services of the PinkTree are designed for Users of all age groups. However, the User must be above the age of 18 years to register as a User on the PinkTree platform. If the User is below the age of 18 years, then the User may avail of the services or products of the PinkTree only with the involvement and consent of a parent or legal guardian, as some services of the PinkTree could create financial liability to pay on the User.

7.2 For Doctor:

For registering and using the App, the Doctor should have completed the age of 18 years and is not disqualified under the provision of the Indian Contract Act to enter into an agreement or under such applicable laws in India.

8. Guidelines for the Companion feature of the App:

The User should adhere to the following guidelines for using the companion feature of the APP and if any of the guidelines are not complied by the User then the PinkTree has express authority to take any action as deemed fit and which may also include deleting or deregistering the account of such User. In the event if the User account is deleted or deregister by PinkTree then such User cannot claim refund for the subscription money already paid by him.

8.1 Companion is a feature available on the App whereby two Users can become each other’s companion, track health goals, health progress and motivate each other through posting of predetermined messages. For accessing the Companion feature the User has to opt-in for the said feature and allow access of certain information with the other Users who can be paired as Companion for the User. On receiving the consent from the User, the User will be listed under Companion feature and paired with other User by the PinkTree’s system automatically.

8.2 Based on the goals achieved by the User and his Companion, points will be allocated to them. The App will use the point earned by them to decide the team ranking on the monthly leadership board. The ranking is done by the App online to motivate the User and his Companion. PinkTree will not post the ranking of the User and his Companion on any social media platform.

8.3 If the User wants to unsubscribe/ opt-out from Companion feature of the APP or wants to report about his/ her Companion, then such User will have this option available on the app.

8.4 The App does not permit any sort of communication between Companion except by the way of predetermined message as provided in the Companion section of the App. If any User uses any other means to physically meet or communicate with his/ her companion then in such scenario, PinkTree will not be held accountable for any loss, mischief, injury, trauma incurred by the User and the User or his family members cannot claim any damages from the PinkTree. 

8.5 In the event if the User is reported by her or his Companion then such reported Companion will cease to be Companion of that User and may be reassigned as a Companion of other User. If any User is reported twice then in such an event the PinkTree will restrict his/ her account from using Companion feature of the App and PinkTree at its discretion may take such actions as it deems fit and just.

9. Guideline for the Demo Call feature of the App:

The User should adhere to the following guidelines for availing the demo call feature on the App for products like Inhaler use technique for Asthma and COPD (Chronic Obstructive Pulmonary Disease) / VOT (Video Observed Therapy) for Pulmonary Tuberculosis.

 

9.1 For availing this feature of the App, the User will have to schedule an appointment in the App with the PinkTree resource person and state the product’s name of which the User requires demo. The resource people will be which is an external person having knowledge about the usage of above mentioned products.

9.2 The demo call will be via video call or any other virtual mode. Such demo call will recorded by the PinkTree and PinkTree can use such recordings for marketing and research purposes. The demo video will be shared with the user’s doctor as well.

9.3 Each User can avail maximum 2 (Two) demo calls. If the User is not able to understand the working of the product in these 2 (Two) demo calls then it is advisable that such User should consult his medical Practitioner

9.4 After the initial 2 (Two) demo calls, it shall be at the discretion of PinkTree to allow the User for more than 2 (Two) demo calls or not, and such additional demo call(s) may or may not be chargeable at the discretion of PinkTree. Any appointment scheduled by the User for additional demo call(s) shall also be non-cancellable and non-refundable.

10. Guideline for conducting an Event:

The Doctor should adhere to the following guidelines for conducting event on the platform of the PinkTree.

10.1 The Doctor will have to take prior permission of the PinkTree before conducting an event. 

10.2 In the email the Doctor will have to describe the event, specify the number of attendees, criteria for User to join the event, whether the said event is exclusive for his patients only, the list of third party sponsor for the event, the venue of the event and so on.

10.3 The application for the event will be through a Google form generated by the PinkTree or through any other method as prescribed by PinkTree.

10.4 If the event is free for the User, then the Doctor will be charged by PinkTree a Platform Fee of INR 5,000/- (Rupees Five Thousand Only) per event excluding the GST and other taxes, to be charged additionally at applicable rates.

10.5 However, if the event is paid then in such scenario, PinkTree will charge the Doctor a Platform Fee of 10% (Ten Percent) of the total fee for the event excluding the GST or any other tax to be charged additionally at applicable rates.

10.6 If the event requires the User to pay registration fees, then in such case the fees will be collected by PinkTree and will be held by PinkTree till the event is conducted. In case the event is cancelled, then such fee will be refunded as per the refund policy specified herein. Only after successful completion of the event, PinkTree will deposit the agreed fees for the event to the Doctor after deducting the Platform Fee(as mentioned in the above point or anywhere in this TOU) and applicable taxes (including but not limited to TDS), if any under the applicable laws, in the bank account of the Doctor as per the payment policy of PinkTree specified herein.

10.7 Permission for posting Event on the App shall be solely at the discretion of PinkTree and the terms and conditions of such Event shall be as may be mutually approved between PinkTree and the Doctor.

10.8 Any User participating in any such Event conducted by the Doctors on PinkTree App, shall do so at their own discretion and PinkTree shall not be held liable/ responsible for any discussions, advises, consultations, content shared/ provided during such Event by the Doctor or any other person whatsoever. Further, PinkTree does not distribute samples/ gift items during such Events and any such distribution by the Doctor or any other person or entity shall be done at their will.

10.9 If the Doctor fails to pay the Platform Fees to PinkTree before the event date, then PinkTree shall be eligible to charge interest on the outstanding Platform Fee at the rate of 12 (Twelve) percent per annum, for the delay period from the date of event till the date of payment of such Platform Fee by the Doctor.

10.10 PinkTree shall have sole discretion to restrict the Doctor to create any event through or on the App and/ or remove or deregister the account of the Doctor from the App if there are repeated cancellations of event by the Doctor or the Doctor fails to pay the Platform Fee to PinkTree on time on more than 2 (Two) occasions. In addition to the right of removing or deregistering the Doctor from the App, PinkTree shall have all the legal rights available to it under the laws of India to recover such payments due from the Doctor.

11 Guideline for Health Score/ Apple and Google Health data:

The User should adhere to the following guidelines for availing the Health Score feature on the App:

11.1 This feature allows the User to integrate his/her health data from their personal Apple and Google /health application/devices with the App. For integrating the User’s health data information/ from Apple/ Google health application or devices onto the App of PinkTree, the User is required to give consent on their mobile/ App of PinkTree for the integration with respective health devices/ applications, along with necessary permissions for the proper and smooth functioning of the said feature. All the information, medical data/health data of the User will be used by PinkTree only on receipt of consent by the User. PinkTree may charge the User for using the Health Score feature and such fee shall be decided at its sole discretion.

Further,  it is understood that the User will exercise his/ her sole discretion before subscribing to the service and giving consent to PinkTree for using this features/services of the App, and PinkTree will not be held accountable for any loss/ damages incurred by the User under any circumstances whatsoever.

11.2 On the basis of the health data provided by the User, the App analyses and calculates a Health score. The Health score is calculated based on scientific literature models which are derived from existing published literature. The health score indicates to the patient as well as to their doctor a lung health score of the patient for certain disease in the App. Certain parameters are also captured in the App for indicating overall health of the User. The App will also capture User’s future risk of disease progression such as risk of exacerbation or risk of mortality based on scientifically proven data. 

11.3 The Health Score is generated only when the User inputs certain information, lab reports on the App. In the event the User input’s incomplete/inaccurate  information then in such scenario the Health Score may not be generated or it may return with error. , PinkTree shall not be held accountable for the same under any circumstances whatsoever. Further, User’s inputs are also captured from Apple/Google health application/ devices, and PinkTree shall not be held accountable for any health data captured .

11.4 The Health Score is an indicative of the health of the User and should not be taken as a substitute to Doctor’s advice and recommendations. The scores also should be interpreted as per Doctor’s advice only. User is advised to consult their doctor for more information.

The Health Score is based/calculated on evidence based scientific methodology. The Health score is an indicator of the User’s health and is not an accurate measure of User’s health. The User and Doctor should always consider the probability of error in the accuracy of the Health Score for any reason whatsoever.

11.5 Pink Ttree will not be held liable for any loss/ damages incurred by the User, when the User or his/ her Caregiver takes any drastic or untoward steps which are based on their own interpretation of the Health Score.

12 Guideline for Health Plan

The User should adhere to the following guidelines for availing the Health Plan feature on the App

12.1 PinkTree offers different health plans which may  include purchasing of certain devices by the User such as the spirometer etc, by the User. The User is advised to purchase health plans only upon Doctor’s recommendation. PinkTree will not be held responsible, if the User at his/her own discretion purchases a particular health plan without the recommendation of the Doctor and incurs any damages.

12.2 The devices sold under any health plan are not manufactured by PinkTree. In the event the User faces any issue/defect/shortcoming in the devices delivered to the User, then in such scenario the User is required to contact the device manufacturer, details of which are available  on the device pack.  PinkTree is only responsible to ensure that the devices purchased by the User are delivered to the said address as per records of the User at PinkTree. In case of any damage or wrong receipt of device, the User needs to inform PinkTree so that necessary information can be provided to the Device company. PinkTree will make payments to the device company only after the confirmation from the User that the device ordered has been received at the registered address as shared with PinkTree. PinkTree is not responsible for any damage, repairs, non-working of the device purchased by the User. The User needs to reach out to the Device manufacturer/ supplier directly only.

12.3 In the event if any devices are not delivered within 45 (Forty-Five) days from the date of order then the User has the option to cancel the order by giving intimation of the same toe the helpdesk of Pink Ttree. On receiving such cancellation request, Pink Ttree shall confirm the non-delivery of the devices with the device manufacturer and the User. On receipt of confirmation of non-delivery of device, PinkTree shall intimate the same to the User and return the money paid by the User in 10 (Ten) to 15 (Fifteen) working days of receipt of the said confirmation from the parties involved. No cancellation request shall be entertained by PinkTree if the devices are already delivered to the User within 45 (Forty-Five) days from the date of order, for any reason whatsoever including but not limited on account of any damages, repairs, issues in the functioning of the device, and as per Point 12.2 above, the User needs to reach out to the device manufacturer/ supplier directly in all such circumstances.

12.3 PinkTree will not be held accountable for any shortcomings/damages/loss faced by the User due to use of the said device(s). 

13 Lab report integration feature:

13.1 This feature allows the Users to integrate his/her Lab report(s) on the App. Certain number of Lab integrations are available on the App to the Users free of charge however, on exceeding the free lab integration, PinkTree shall charge the User for further lab report integration feature. Number of free lab integrations may vary and shall be as defined in the App and PinkTree shall levy such fee for the further Lab integrations beyond free ones at its sole discretion.

13.2 All medical records of the User are added on the App, either by the User or the care giver (who may have access to User’s login information). Only in event when the User request and share the medical reports with PinkTree for uploading on the App, PinkTree’s back-end team will upload the same for the User. It is the User’s responsibility to check that the correct information is uploaded in the App and if there is any discrepancy need to correct it immediately by themselves or by contacting the PinkTree team. Under no circumstances, PinkTree will be held accountable for any incorrect medical record uploaded or  captured in the App.

13.3 The User and / or his/ her Caregiver shall exercise their sole discretion for using the Lab integration feature of the App. PinkTree will not be held accountable for any shortcomings/damages/loss faced by the User due to use of this feature. 

14. Payment Policies of PinkTree: 

14.1 PinkTree provides certain services/ features and products on payment of fees that shall be chargeable in Indian Rupees and subject to taxation laws of India as applicable.

14.2 Such fees are to be paid to PinkTree online through its third-party payment gateway only or such other mode specified for such service/ feature/ product. When the User clicks on the payment gateway link the user will be redirected to the payment gateway website and in the event the transaction fails, and the amount is deducted from the account of the User, then excess amount deducted from the account of the User shall be refunded in accordance with the refund policy of the third party payment gateway website. The User is advised to carefully read the refund policy. 

14.3 It is deemed that the User/ Doctor has evaluated the features/ services before making any payment to the PinkTree. The User/ Doctor understand that a lot of processes are undertaken by the PinkTree to deliver the service/ feature/ product to the User/ Doctor, and therefore under no circumstance, PinkTree shall be liable to refund the payment made by the User/ Doctor for any services/ features/ products provided/ sold on the App by PinkTree.

Further, in case of event, the event fees to be charged by the Doctor to Users will be collected by PinkTree as specified herein above, and only on the successful happening of the event, PinkTree will transfer the Doctor’s or the organizer’s share in the collected fees to their respective bank account within 10(Ten) to 15 (Fifteen) working days from the day when event took place. The Doctor or the Organizer under no circumstance will be entitled to any interest on the fees collected by PinkTree from the date of collection till they are disbursed to them or refunded back to the User. Further, on happening of force majeure events (as specified herein) the timeline for making the payment to the Doctor or the organizer may vary and any such variation will be informed by PinkTree to the Doctor and/ or organizer.

15. Refund Policies of PinkTree:

15.1 Refund Policy for the subscription amount for any service/ feature/ in-app purchases on the App:

We understand that the User/Doctor has conducted in-depth thinking before subscribing to any features/services of the App or making any in-app purchases directly from PinkTree or third parties and therefore any subscription/ fee/ purchase amount paid to PinkTree are non-refundable under all circumstances. However, in the event if any excess amount is debited while attempting to subscribe the features/service of the App or any transaction failure associated with the subscription resulting into deduction of amount from the bank account, then such amount will be refunded to the same bank account from which the amount was debited on resolution of such payment issue. In such event of transaction failure or any technical issue, then such User/Doctor shall reach out to PinkTree by sending an email to Pink tree at support@pinktreehealth.com

15.2 Refund Policy for the Event:

15.2.1 If any scheduled event is cancelled by the Doctor or by PinkTree, then any registration/ event fees paid by the User will be refunded to them within 10(Ten) to 15(Fifteen) working days of the cancellation of the event. The User is not entitled to claim any interest on the fees collected in the bank account of PinkTree till the date of cancellation of the event under any circumstances. However, on happening of any force majeure events (as specified herein) the timeline for making the payment to the Doctor or the organizer may vary and any such variation will be informed by PinkTree to the Doctor and/ or organizer. 

15.2.2 Any event fee paid by the User will be non-refundable in case the registration for the event is cancelled by the User or if the User does not attend the event under any circumstances.

15.2.3 If the event is cancelled by the PinkTree, then it shall refund the Platform Fee collected from the Doctor for the event within 10(Ten) to 15(Fifteen) working days of cancellation by PinkTree. However, on happening of any force majeure events (as specified herein) the timeline for refunding the fees to the Doctor may vary and any such variation will be informed by PinkTree to the Doctor.

15.2.4 If the event is cancelled by the Doctor then,

1. If the event is free for the User, then Platform fee of INR 5000/- (Rupees Five Thousand only) including applicable GST or any other taxes charged by PinkTree to the Doctor shall be non-refundable under all circumstances.
2. If the event is paid for the User, then 10 (Ten) percent of the registration fees including applicable GST or any other taxes charged by PinkTree to the Doctor for registrations received till the date of cancellation of the event by the Doctor shall be non-refundable under all circumstances 

Further, it is clarified that if the Doctor has not paid complete event fee to PinkTree for all the registrations for the event made till the date of cancellation by the Doctor, the Doctor shall within 2 (Two) working days of such cancellation of the event pay the remaining event fees to PinkTree 

15.2.5 Any refund payable under this clause will be credited to the same payment account through which originally the amount was paid.

15.2.6 In case of any grievance, please contact PinkTree by email on the support@pinktreehealth.com

16. General Guidelines:

16.1 On registering on the App the User is required to undertake basic evaluation test to determine the criticalness of the User’s medical condition/ ailment. The test is in the form of questionnaire which are either provided by some certified organization or developed in-house in consultation with experts. 

16.2 The User is evaluated and is given a rating on the basis of his answer to the questionnaire. PinkTree will not be held accountable for any wrongful evaluation as it is based on the response received from the User. Neither can the User claim any damages from PinkTree.

16.3 The App requires the User to insert health goals. According to the data inserted by him the App provides User with Resources. User cannot claim damages if he is unable to achieve his desired health goal as the Resources recommended by the App are on the basis of User’s inputs. Hence, the User cannot claim any damages from PinkTree if the User cannot achieve the desired health goals.

16.4 The App does not have any features that can track the vitals of the User. Therefore the User has to insert his health data and medical reports, and on the basis of the User’s inputs/ documents uploaded on the App, the App will provide the User with Resources. Therefore, the User cannot claim any damages from PinkTree nor can it hold them accountable as the output of the App depends on the data provided by the User.

16.5 The User can connect with the Doctor only when both of them accept each other’s invite to connect on the App. Once connected, the Doctor can access the profile of the User and monitor his health and provide suggestions/ advise/ consultation. The User can change or remove his/her Doctor at any time on the app.

16.6 To access the chat feature the User has to subscribe to the services of the PinkTree. Through this feature the User can communicate with the Doctor. The chat functionality shall have limitation with respect to time period or number of messages. However, if the User elects to stop using this feature, then they will have to intimate the same by sending an email on the support@pinktreehealth.com. Once connected on the App, both the Doctor and the User/ Caregiver can see the last seen/accessed status of each other on the App. The Doctor has the option to not show the last seen status to their patients on the App. However, by default this will be turned on unless the Doctor turns it off. The User and the Doctor hereby agree and acknowledge that the status visibility might be inaccurate due to any technical reasons and also, PinkTree shall not be held liable for the same in any manner whatsoever including for non-reply by the User or the Doctor to each other in spite of being online.

16.7 Doctor can remove the User from his chat segment of the App by sending an email on the support@pinktreehealth.com. In such circumstances the aggrieved User cannot claim any damages from PinkTree if he suffers any damages from any non-communication with the doctor.

16.8 If the User while registering on the App or after the registration, provides PinkTree with the details of the Caregiver. Then PinkTree may send User’s important updates or alerts to such Caregiver regarding the User’s health. The update or alert can be sent through WhatsApp or Emails. However, the Caregiver cannot seek any benefits of the App, request personal advices from the App. This feature of the App is only to inform the Caregiver the progress of the User and in the event of emergency, a point of contact for the App. Further, the User and Caregiver give their express consent to PinkTree to send any promotional or marketing content to the Caregiver. However, the Caregiver can stop receiving such promotional message from the App by sending an email on the support@pinktreehealth.com along with the details of the User.

16.9 The User, the Caregiver of the User or the Doctor shall not send any messages or upload any documents using the Chat functionality or other services of the App which:

• are obscene, offensive, pornographic, hateful, harmful, harassing, defamatory, vulgar, lewd, invading other’s privacy, or otherwise objectionable or provocative, disparaging etc.;
• encourages unlawful activities including but not limited to money laundering, gambling or stealing or otherwise unlawful in any manner whatsoever;
• is harmful to anyone;
• infringes any intellectual property including copyright, database, trademark, etc of any other person;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• violates the provisions of the Information Technology Act, 2000, the Information Technology (Reasonable security practices and procedures and sensitive personal data or Information) Rules, 2011, the Telemedicine Practical Guideline, 2020, and any other applicable laws and codes issued by the Government of India or any specific State or any Ministry of any Government;
• impersonates any person or misrepresent your identity or affiliation with any person/ entity;
• anything that is known to you to be false, inaccurate or misleading;
• contains any computer virus, worms, any code or other potentially damaging or limiting the functionality of any service/ features of the App;
• threatens unity integrity, and sovereignty of India, and relations of India with other nations.

Any data, messages or documents which in our discretion falls under any of the above restrictions shall be taken down by us and you shall have no right to challenge our decision to do so.

17. License Grant:

17.1 PinkTree grants User/ Doctor a limited, non-exclusive, non-transferable, non-sub licensable license to download and install a copy of the App on mobile devices that you own or control and to run such copy of the App solely for your own personal use. 

17.2 User/ Doctor will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the App, the Content, the Resources or any database; (ii) copy, modify, adapt or translate the App, the Content, the Resources or any database, or otherwise make any use, resell, distribute or sublicense the App, the Content, the Resources or any database except in connection with this Agreement; (iii) disclose and/or make the App, the Content, the Resources or any database available on a “service bureau” basis; (iv) remove or modify any proprietary marking or restrictive legends placed on the App, the Content, the Resources or any database; or (v) use the App, the Content, the Resources or any database in violation of any applicable law or regulation. 

17.3 You will not interfere with or attempt to interrupt the proper operation of the App and/or Resources through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the App and/or the Resources through hacking, password or data mining, or any other means. User/ Doctor retains all copyrights and other intellectual property rights in and to any Personal Data and other information User/ Doctor submits into User’s/ Doctor’s own database. 

17.4 User/ Doctor hereby grants us the right to excerpt, analyse, index, and create derivative works from the data in User/ Doctor Database as reasonably necessary for us to provide User/ Doctor with the Resources.

18. Third Party Links:

185.1 The App may include links to third party websites, products or services and by clicking on such a link the User or the Doctor as the case may be redirected to third party websites and applications.

18.2 In such scenario, PinkTree will not be held liable for any damages incurred by the User or the Doctor or any deficiency in the services of the third party websites.

19. Warranties and Indemnity

19.1 The App, the Content and the Resources are provided for informational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App, the Content, and the Resources. If you think you may have a medical emergency, call your doctor immediately. PinkTree does not recommend or endorse any specific tests, physicians, Doctors listed on the App or outside the App, products, procedures, opinions, or other information that may be mentioned on the App, the Content, and the Resources. Your reliance on the App, the Content and the Resources is solely at your own risk. You are using the Resources at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.

19.2 PinkTree warrants that it will use all reasonable care while providing products and services on the App. However, PinkTree makes no warranty that its App is free from any kind of viruses, or anything else that could damage the property of the visitor of the App or the User or the Doctor, it is strongly advised by PinkTree that the visitor, User or Doctor should adopt appropriate back-up, firewall, and other precautionary security measures.

19.3 PinkTree disclaims any warranty regarding the accuracy, security, and performance of services on its App. Further, no information available on the platform will create any warranty on PinkTree.

19.4 Over the course of the period PinkTree may incorporate third-party products or services on its App. If the User or Doctor uses such third-party product or services then it is expressly understood and agreed that they have read the terms and conditions of such third parties and PinkTree will not be held liable for any damages relating to the use of products or services of such third parties.

19.5 The User shall indemnify PinkTree against any losses, damages, claims, proceedings, or actions arising out of any misrepresentations made by the User. The User hereby indemnifies PinkTree and its partners from and against any and all losses, damages, liabilities, actions, proceedings, claims and costs arising from the User’s use of the App.

19.6 The Doctor shall indemnify PinkTree against any third-party claims that may arise due to any intellectual property claims if the Doctor uses, downloads, or copies any content from PinkTree website for any personal use or commercial gain. The Doctor shall indemnify PinkTree against any losses, damages, claims, proceedings, or actions arising out of any misrepresentations made or false information/ details provided by the Doctor. The Doctor hereby indemnifies PinkTree and its partners from and against any and all losses, damages, liabilities, actions, proceedings, claims and costs arising from the Doctor use of the App.

20. Disclaimer

20.1 The Resources, Content, Blogs and all such other content available on the App of the PinkTree are for information purposes only. Under no circumstance, the User should consider it as a medical advice. The User and the Doctor should use their discretion before using any resources of the App. If they suffer any damages/ harm from using such Content published on the App, then they cannot hold PinkTree accountable for the damages in any manner whatsoever.

20.2 The App functions on the inputs inserted by the User. If any User inserts inadequate or inaccurate data and does not achieve desire result, then in such scenario PinkTree will not be held liable for any loss suffered by the User. Further, PinkTree disclaims the accuracy of the App or any advice/ consultation/ information provided by the Doctor to the User, and the User acknowledges the same and he/ she cannot claim any damages from PinkTree for the same.

20.3 Doctor while registering with the App are required to provide their registered license number issued to him/ her by Indian Medical Council. PinkTree may verify registered license number by using third party application/ service. However, if the provided registered license number is held invalid or was forged then PinkTree shall take legal action against such Doctor and if any User incurs any damages, then they shall not hold PinkTree liable for any such damages. However, they can take possible legal action against such Doctor as available to them.

20.4 The App does not have any provision for Companions to communicate with each other whether in-app or outside the App. If they communicate through any other mode in-app or outside the App and any User incurs any loss, harm or damage to himself/ herself or any information of such User is put to risk, then PinkTree cannot be held liable for any damages, mischief, injury, trauma incurred by such User.

20.5 The App has certain feature of integration of health/ medical data from Apple/ Google devices/ applications or any wearables through which it can record the vitals of the User and for certain features/ services of the App, the User has to upload the health details and medical reports according to which the App will provide the User with Resources. If the User incurs any damages due to any discrepancy in the data provided by them or captured from Apple/ Google or any other wearable devices/ applications, then in such scenario PinkTree will not hold accountable and the User cannot claim any damages from PinkTree.

20.6 Events are created on the App by Doctors or any other pharma/ healthcare/ medical company, entity, organization, institution who has taken prior approval from PinkTree. However, PinkTree does not endorse any of the content, information or activities shared/ held at the event. Further, PinkTree does not support promotion of any brand at the event and if any Event organizer indulges in promotion any product or services then PinkTree will not be held liable for any damages incurred by the User after using such product or services or acting on the information/ content shared in such Events.

20.7 Product demo call is just an additional feature given by PinkTree which is provided by an external person having knowledge about the usage of products like Inhalers for Asthma and COPD/ VOT for TB. However, PinkTree does not guarantee the accuracy of information shared in the product demo call. It is advisable that the User seek medical professional advice. If User incur any damages due to information shared during product demo call, then PinkTree will not be held liable for any damages incurred by the User.

20.8 PinkTree at its own discretion can alter, replace, delete any subscribed service/features available to the User or Doctor  on the App without giving any notice to the User or the Doctor. The User or Doctor cannot claim any damages or refund for any alteration, replacement or deletion made to the subscribed services/features of the App.

21. Limitation of liability

21.1 PinkTree shall use all reasonable efforts to make service available to Users/ Doctors but PinkTree shall not be held liable for any interruption in the service and it reserves all the rights relating to the services. It is understood that minimum technical system requirements are necessary for the smooth operation of the platform if the User/ Doctor fails to maintain such minimum technical system requirement and that causes any interruption in services it shall not be considered as the fault of PinkTree and PinkTree will not be held liable for any loss incurred to them.

21.2 PinkTree does not guarantee a fixed number of sessions or fixed timeline after which the User will get desired results/ cure/ betterment for his/ her medical condition/ ailment, and User cannot claim any damages or costs (including refund of any fee paid to PinkTree/ Doctor for any feature/ service) from PinkTree in this regard. 

21.3 The Doctors are qualified experts in the field of Lung health. PinkTree has a contractual relationship with them, and that PinkTree assumes no responsibility or liability for any advice, professional opinion, information given to the User or the Caregiver of the User by the Doctor and shall not be held liable for any action, advice, consultation of the Doctor.

22. Notices:

All notices shall be given to PinkTree via e-mail at: support@pinktreehealth.com

23. Termination of Account of User and Doctor:

23.1 For User

23.1.1 The User can terminate his account from the App by completing the account deletion process as available on the App of PinkTree. However the data of such User will be stored by PinkTree in accordance to the Privacy Policy of PinkTree or in compliance to applicable laws and regulatory guidelines.

23.1.2 PinkTree can terminate the account of the User if the User has infringed any terms of use. PinkTree is not required to give any advance notice for deleting such an account of the User. On such termination, the User cannot claim any damages under any applicable law in India.

23.1.3 Upon termination, the User can request for the retrieval of data stored in their account from PinkTree by sending a request by email at support@pinktreehealth.com .However, PinkTree shall have a right to reject your request fully or partially.

23.2 For Doctor:

23.2.1 Doctor can deregister or delete his account from the App of PinkTree on intimation to PinkTree by way of notice, or by such other ways as mutually agreed between them. 

23.2.2 PinkTree may terminate the account of Doctor if they infringe any terms of use or under any terms specified herein, without giving any prior notice. The Doctor is prohibited from claiming any damages against PinkTree in such case. 

23.2.3 On termination of the account of Doctor, he/ she is prohibited from soliciting any User of PinkTree and they shall not enter into a similar business as that of PinkTree for 3(Three) Years commencing from the day when the termination was communicated by PinkTree to the Doctor. Further, on termination, the Doctor shall not disclose any personal information of the User like his/ her name, age, gender, address, Mobile Number, Email ID, photo, health or medical condition, ailment, data or reports, or any other information whatsoever in any form with any person whomsoever.

24. Dispute Resolution

In the event of any dispute arising between PinkTree, the User, or the Doctor, then in such a scenario, the parties agree to resolve the dispute through amicable settlement. If the dispute isn’t resolved within 30 (Thirty) days of any party initiating amicable settlement, then it shall be resolved through arbitration with an arbitration bench seated in Mumbai, with the presence of a sole Arbitrator which shall be selected by PinkTree and the costs shall be borne by each party involved. The Courts in Mumbai shall have sole jurisdiction in the matter. 

25. Governing law:

This TOU will be subject exclusively to the laws of India.

26. General

26.1 PinkTree shall be under no liability to the User and Doctor in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Acts of God, any acts or regulations of any government or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-outs, industrial disputes, hacking or such similar event, or any epidemic/ pandemic.

26.2 If any provision of this TOU is held to be unlawful, void, invalid, or otherwise unenforceable, then that provision alone will be deleted or eliminated or modified from this TOU to the minimum extent required, and the remaining provisions will remain valid and enforceable.

26.3 This TOU contain all the terms and conditions with the necessary clarifications and other necessary explanations required by any person using the platform for such use as stated by PinkTree. This TOU, as mentioned, is binding on the User and Doctor using the App without any doubts of ignorance.

26.4 Pink Tree holds undisputed right to amend or remove any part of the TOU without notice or liability to any third party. In the event of any significant changes in the TOU, the same would be amended under the TOU section of PinkTree. PinkTree may take reasonable efforts but are under no obligation to send the change notice to the User through email. If any User/ Doctor has an objection to the amended TOU and no longer wishes to use the platform, then such User shall contact PinkTree to discontinue the use of the PinkTree App and deactivate the account, only if the account is registered directly with us. Using the Services of the App or accessing the App after a notice of change has been sent to you or published on our App/ website shall constitute your consent to the changed terms.

27. Help and Support:

IF the User or Doctor requires any help, support or wishes to report any non-functioning feature of the App, then such User or Doctor shall reach out at support@pinktreehealth.com. However, no medical advice shall be given by the PinkTree for any query or comment raised relating to medical advice by the User or Doctor.