We, VB HealthTech Private Limited (referred to as “we”, “us”, “Vaccine-Buddy”) including our website www.vaccine-buddy.com (“Website”) and our App “Vaccine-Buddy” (“App”) (collectively referred to as “Platform”) aims  to provide health care related services to users or customers through our Platform. Our Platform will be used for vaccination related services including without limitation to User or Customers Relationship Management, Appointments Management, Mobile App. All such services whether used or performed on App or on Websites visited, accessed, or used by the Users or customers are referred to as “Services”.

SCOPE AND APPLICABILITY OF TERMS: Please read these Terms and Conditions and our Privacy Policy at www.vaccine-buddy.com before accessing our Platform for availing the Services available via our App “Vaccine-Buddy,” or Website i.e., www.vaccine-buddy.com. In connection with your visit to the Website and your use of the Services, these Terms and the Privacy Policy together constitute a legal agreement (“Agreement“). The download or access of the App or Website to avail of the Services constitutes your irrevocable acceptance of all the provisions of this Agreement, as well as any other guidelines, privacy policies, rules or additional terms. Do not access or use the Website or the Service if you do not agree to be bound by these Terms.

The Agreement applies to you if you are –

• An authorized representative, attendant, relative, friend, or affiliate of a customer, patient, or other third party (hereinafter “you” or “User” or “customer”); or
• The User/customer of the Website or App, or the person who utilizes the services provided by Vaccine-Buddy (“you” or “User“).

All services offered by Vaccine-Buddy on the Website or App are subject to this Agreement.

At its sole discretion, Vaccine-Buddy may alter, modify, or terminate the Terms, Services, or any portion of the Agreement at any time. The Terms and Conditions set forth in this Agreement govern how the Website and App may be used and other Services offered. If you have any queries pertaining to any part of the Agreement, feel free to contact us at info@vaccine-buddy.com.

This Agreement supersedes all previous oral and written terms, conditions or understanding (if any) communicated to you. You agree to this Agreement and all its terms and conditions by availing of any Service listed on our Platform.

You are required to regularly read and keep up-to-date with the Agreement. In the event if this Agreement is altered, modified or terminated, your use of the App or Website or otherwise shall indicate your acceptance of such changes, modifications or terminations, as well as your agreement to follow and be bound by such changes, modifications or terminations. This Agreement shall also include any additional Terms and Conditions, disclaimers, Privacy Policies applicable in general or to specific sections/segments of this Website or to any particular Services.

You agree to be bound by this Agreement when using any of our Services. We request that you refrain from using the Website or availing any of our Services if you disagree with/to any part of this Agreement. Your access to use of the Website and the Services shall be at the sole discretion of Vaccine-Buddy. Under Indian law, the Agreement complies with, and is governed by, the following provisions:

• Indian Contract Act, 1872,
• Information Technology Act, 2000,
• 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 “SPDI Rules”), and
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

ELIGIBILITY: To register, or use the Services, or visit or use the Website, you must be at least 18 years old. In jurisdictions where membership or use of the Website are prohibited, the right to access the Website will be abrogated from the outset. All terms and conditions set forth herein are binding and you hereby represent and warrant that you have the right, authority, and capacity to enter into these Agreements. Additionally, you represent and warrant to Vaccine-Buddy that you will use the Website in a manner consistent with all applicable laws and regulations of India.

PERSONAL DATA AND SENSITIVE DATA: The terms ‘Personal Information’ and ‘Sensitive Data’ are defined under the SPDI Rules and are reproduced in the Privacy Policy.

As part of rendering the Services, Vaccine-Buddy may collect information from the devices through which you access the Website, the location, your medical records, history, financial information, and shall anonymise the data of your usage. Information collected in anonymized form will only be used to enhance the quality of our services and to develop new ones.

The Website and App allows Vaccine-Buddy to have access to Users’ personal email address or phone number, for the purpose of communication.

In the Privacy Policy, we provide the following information

• Personal Identifiable Information collected from User including Sensitive Data;
• Purpose, means and modes of Personal Identifiable Information;
• Disclosure of such Information; and
• Usage of Information in compliance with the SPDI Rules.

Vaccine-Buddy shall not be responsible in any manner for the authenticity or correctness of the Personal Identifiable Information or Sensitive Data or any information provided by the User to Vaccine-Buddy or to any other person acting for and on behalf of Vaccine-Buddy.

Users are solely responsible for keeping their account access information and password confidential, if they are registered on the Website or App. It is the  responsibility of the User to ensure that only authorized users access the User’s account and password. In the event of actual or suspected unauthorized use of the User’s account or password, the User must notify Vaccine-Buddy promptly. VB HealthTech Private Limited/Vaccine-Buddy will not be liable for your losses resulting from any unauthorized use of your account, but you may be responsible for losses or harm caused to VB HealthTech Private Limited/Vaccine-Buddy.

Vaccine-Buddy has the right to discontinue the Services at its sole discretion if a User provides any information that is inaccurate, outdated, or incomplete (or subsequently becomes inaccurate, outdated, or incomplete). If Vaccine-Buddy has reasonable grounds to suspect such information is untrue, inaccurate, not current, outdated or incomplete, it may discontinue the Services to the User. The accuracy, adequacy, reliability and liability of any Patient-created information generated or created by a User is the sole responsibility of the User. The User shall fully indemnify and hold harmless Vaccine-Buddy in respect of any inaccuracies, inadequacy, error, loss, problem, liability or any other issue arising out of any Patient-created information entered or accessed by you on the Website or App.

Please ensure that you provide the correct mobile number and email address on the Website or App, and keep them up-to-date in case of any changes. All reminders and notifications will be sent to the account associated with the mobile number and/or email address as provided to us. Our system will send you a confirmation for your authentication/authorization whenever you change any contact information (mobile or email). Any loss or inconvenience resulting from outdated or incorrect contact details is not the responsibility of Vaccine-Buddy.

If you use online chat, text messages, video call, or voice call to communicate with Vaccine-Buddy, its authorized representatives, or its doctors regarding vaccinations and related services, Vaccine-Buddy’s or third-party servers may record, store and archive such conversations, calls, or exchanges. Such records shall strictly be dealt with in accordance with terms under the Privacy Policy. Vaccine-Buddy assumes no liability, in the event if you use such a facility to interact with doctors, consultants, and medical service providers to obtain vaccinations and related services, or if it is used in any other way than the aforementioned Services

A personal health record facility might be provided to you so that you are enable to add, modify, delete, and manage health-related information on our Platform.

There are two kinds of information to be generated in your Health Account:

• Patient-created: Information generated and uploaded by you. For instance, prescription, medical history and others;
• Vaccine-Buddy-created: Information created upon medical consultation with Vaccine-Buddy.

Any information produced by Vaccine-Buddy is made available on “as is” basis and Vaccine-Buddy provides no warranties or representations regarding it. The personal health record facility is provided on a best-efforts as-is basis. We strive to maintain the highest levels of service availability and therefore, Vaccine-Buddy is not liable for any interruption that may be caused to you while accessing the Services.

In the event if you receive any health-related reminders, or notification in respect of appointment, vaccination, and others which may form a part of the Services is merely a supplementary way of notifying or reminding you of actions to be taken pertaining to your health and well-being.

Disclaimer: Despite its best efforts, Vaccine-Buddy shall not be accountable for the non-delivery, late delivery, or inaccurate delivery of any reminder or notification, or if the same has a detrimental impact on your health.

If you grant someone else access to your personal health record, you will be held liable for all acts, access, and transactions that person undertakes in connection with your personal health record, whether they are done with your knowledge or consent or on their own initiative. Vaccine-Buddy is not liable for any action, transaction, loss of data, record, or history or any other liability arising out of this.

COLLECTION OF INFORMATION: On the Website, Vaccine-Buddy collects, directly or indirectly, and displays relevant information regarding the profiles and practices of the Practitioners listed, including specialization, qualification, fees, location, and similar information. Vaccine-Buddy takes reasonable efforts to ensure that such information is updated at frequent intervals. Vaccine-Buddy does not take responsibility and shall not be held liable for any inaccuracies or incompleteness represented by it, despite such reasonable efforts.

In addition to providing Services on an ‘as is’ and ‘as available’ basis, Vaccine-Buddy also do not provide any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, suitability for a particular purpose, title, and non-infringement, resulting from law or other sources or from a course of dealing or usage or trade). Vaccine-Buddy and its Partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, App, or the Services.

VACCINATION AND OTHER CONNECTED SERVICES: Vaccine-Buddy will strive to ensure a confirmed appointment for a User who requests an appointment on Vaccine Buddy’s Platform.

All interactions, communication, and associated issues between you and other Users, including but not limited to matters of health and experiences, are strictly between you and them. Vaccine-Buddy will not be held responsible or liable for any such interaction, communication and associated issues. For avoidance of doubt, it is clarified that the Services are not intended to provide any healthcare or medical diagnosis, and as such, Vaccine-Buddy shall not be liable for any medical outcome as a result of interactions on our Platform.

Without prejudice, Vaccine-Buddy shall not be liable for:

• any wrong vaccination service being given by the health care practitioner, or any medical negligence;
• any inconvenience suffered by the User due to a failure on the part of the medical practitioner at the appointed time;
• cancellation or rescheduling of booked appointment or any variance in the fees charged;
• any medical eventualities that might occur subsequent to using the vaccination services of Vaccine-Buddy.

ONLINE PAYMENT ON WEBSITE AND APP: Vaccine Buddy’s Platform provide you the ability to pay online through a third-party payment gateway for the Services available on each of the Platform.

To process your payment online, you may be directed to a third party payment gateway. You will be subject to the terms and conditions and privacy policies of the third-party payment gateway for this transaction.

In no event shall Vaccine-Buddy be liable:

• If any transaction fails to fructify or is not completed; or
• any failure on part of the bank or the credit card, or the third party site, or agency to perform any of its obligations; or
• in respect of any loss or damage caused directly or indirectly by the decline or acceptance of authorization for any transaction.

REFUND AND CANCELLATION POLICY: All online payments made through App or Website for booking appointments are subject to the Cancellation and Refund Policy.

There is a 100 % Refund Policy (save and except convenience fee, home visit charges, and discounts) on all transactions made through the Vaccine Buddy Website or App, and the refund will be processed within 10 business days of the transaction provided that the refund request must be initiated at least 24 hours prior to the scheduled booking.

Individual Vaccination: A refund of the actual vaccination cost will be issued to the User within the prescribed time period if the individual vaccination and its related services have been booked by the User and the refund request have been made in accordance with the terms and conditions as detailed herein.

Package Vaccination: In the event if the User has opted for a package of vaccination services, the refund will solely apply to the actual vaccination cost; however, convenience fees, including home visit charges, and other discounts, shall not be refunded to the User.

Cancellation as per User convenience: If the cancellation is initiated by the User, under any circumstances the convenience fee including home visit charges and discounts shall not be refunded to the User. Upon cancellation, Refunds pertaining to vaccination will be made via the same source of payment and will be governed by the terms of that source.

Cancellation by Vaccine-Buddy: If the cancellation is initiated by us, then the User will be entitled for a 100% refund amount including convenience fee, home visit charges and discounts, if any.

Disclaimer:  If Vaccine-Buddy and the User are in multiple dialogues for the purposes of refund, time-frames for resolving the issue may take longer than the 10 business days.

CONTENT OWNERSHIP AND COPYRIGHT: Content contained on the Website/App is either created by Users or created and managed by Vaccine-Buddy.

The information that is collected by Vaccine-Buddy directly or indirectly from the Users shall belong to Vaccine-Buddy. Copying of the content published by Vaccine-Buddy on this Website/App for any commercial purposes or for the purpose of earning profit will be a violation of copyright and Vaccine-Buddy reserve its right to take action under applicable laws of India.

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

INTELLECTUAL PROPERTY RIGHTS: The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (“IP Marks”) displayed on the Website or App are the property of Vaccine-Buddy. The User may use this material solely upon receiving an express authorization from the Vaccine-Buddy and the User, under no circumstances, shall not copy, transmit, or create derivative works of such material without express authorization from Vaccine-Buddy.

INDEMNITY: User agrees to indemnify and hold harmless Vaccine-Buddy, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives from any and all third party claims, demands, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of (i) User’s access to the Website, (ii) User’s use of the Services, (iii) the violation of this Agreement, or (iv) the infringement by the User, or any third party using the User’s account or User ID or password, of any intellectual property or other right of any person or entity.

Vaccine-Buddy will notify you promptly 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.

TERMINATION: Vaccine-buddy may terminate this Agreement with immediate effect, without prior notice and without assigning any reasons thereof. Further, Vaccine-Buddy reserves the right to suspend or terminate a User’s access to its Website/App and related Services with or without any prior notice and may exercise any other remedy available under law where:

• User breaches any terms and conditions of the Agreement;
• Vaccine-Buddy is unable to verify or authenticate any information provide to Vaccine-Buddy by a User;
• Vaccine-Buddy has reasonable grounds for suspecting any illegal, fraudulent activity on part of the User.

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/App by such User.

DISCLAIMER OF WARRANTIES: All information available on the Website or App, (the “Information”) is provided on the condition that the User will make independent determination in respect of its accuracy, completeness, or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. In addition, Vaccine-Buddy shall not be responsible or liable in any manner whatsoever for any data provided, stored, or managed by the User including its Personally Identifiable Information.

All information on the Website is provided to you on an ‘as is’ basis and Vaccine-Buddy, its licensors and affiliates make no representations and warranties of any kind, express, statutory or implied as to the operation of the Website, provision of Services or the information, content, materials, or products included on the Website or in association with the Services. To the fullest extent permissible by applicable law, Vaccine-Buddy, its licensors and affiliates disclaim all warranties, express, statutory, or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall Vaccine-Buddy be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information.

LIMITATION OF LIABILITY: The information available on the Website or App could include inaccuracies or typographic errors. Vaccine-Buddy has endeavoured to ensure that all the information on the Website is correct. However, Vaccine-Buddy neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Vaccine-Buddy makes no warranty, express or implied, concerning its Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of the information contained in the Website.

APPLICABLE LAW AND CONFLICT RESOLUTION: User hereto confirms that this Agreement and any contractual obligation between Vaccine-Buddy and User will be governed by the laws of India.

The courts at New Delhi shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement or the use of the Platform or its connected Services including information thereto.

GRIEVANCE DEPARTMENT: Vaccine-Buddy at its best efforts shall address grievance or complaints of the Users to the maximum extent possible. In case of any concerns that the User may have pertaining to Vaccine-Buddy Services or either of its Platform i.e., Website or App, this Agreement, the Services, or anything in connection to the foregoing, User may write to us:

To,

Grievance Department : _Jyotsna Srivastava_____________

Address: _____H-194,Sector 41 , Noida_____________________

Email: info@vaccine-buddy.com

SEVERABILITY: If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable under the 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.