Terms and Conditions

Terms and Conditions

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 112 or 104 IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.

Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by 3Comma Labs Private Limited ( “GoodHealth”), GoodHealth services available through the GoodHealth website and GoodHealth mobile apps (“App”), GoodHealth APIs (“APIs”) (all hereinafter collectively,“ GoodHealth” and the GoodHealth "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “You", "Your,” and “Yourself” refer to the individual user of the Service.

You hereby certify that you are over the age of eighteen (18) or have the legal ability to consent to Counselling. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age and Contact Information and that the Experts you access (“Experts”) are relying upon this certification in order to interact with you and provide the Services.

Site Content

The educational, graphics, research sources and other incidental information on the Site, the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. GoodHealth does not endorse any specific tests, medications, products or procedures.

Accounts Accessed through Employer Assistance Programs (EAP(s)) or other Network Benefit Programs

To access the Services through an EAP or an Employer sponsored benefit plan or other benefit plans may require you to provide additional registration information. This information is collected to confirm your eligibility with the EAP or network benefit administrator. Information collected under these circumstances will include but not be limited to:

First Name

Last Name

Email

Phone number

Promo Code

This information is required to confirm program or benefit eligibility, your specific benefits, and to prevent fraud.

Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit(i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither GoodHealth nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

Payment

Any payment you make for the use of the Services is used to compensate GoodHealth for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.

Part of your payment for the use of the Services, accounted for separately, is remitted to the Expert for the direct services provided to you. Regardless of any payments made, GoodHealth does not hold itself out as your direct Expert of counselling services as that is the role of your Expert.

Before availing any Service, we will apprise the User of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).

While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.

If you access the Services through a EAP or an Employer sponsored benefit plan or other benefit plan, your payment will be arranged by a third party “Payor” which is a third party that administers the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which are explained in your benefit program.

Please note that the charges paid by a customer are not refundable. However, in the event a customer is not satisfied with the Service provided by GoodHealth, then they may send a mail to nikhil@goodhealthapp.com. GoodHealth will review each such mail, on a case to case basis, and may refund the charges paid, if it deems fit. The decision of GoodHealth on any such matter shall be final and binding.

GoodHealth reserves its right to change the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

Appointments

For any services purchased, the GoodHealth team shall make 3 attempts to reach the customer for confirmation of the services. In case, the customer fails to respond within 7 days of the last communication, the service will be treated as consumed and no refunds shall be provided by GoodHealth.

In case of technical difficulties during or at the time of the session, GoodHealth will check with their service providers. If the case is adjudged to be genuine, the appointment shall be rescheduled.

For Audio and Video Sessions, in case the customer fails to turn up at the time of the appointment, GoodHealth will reschedule the session only once. If the customer still does not turn up the second time, the appointment will be treated as consumed and no refunds shall be provided by GoodHealth.

For any reschedules, the customer needs to inform GoodHealth at least 24 hours in advance.

Experts

GoodHealth does not directly employ the Experts matched through the Service. GoodHealth created a modern, digital health network of nationwide digitally trained and accredited Experts. The GoodHealth Network only works with independent and vetted professional Experts. GoodHealth Network employs the highest accreditation standard in India.

Your relationship with the Expert is strictly with the Expert. GoodHealth is not involved in the Expert-patient relationship and does not interfere, validate or control the Expert’s treatment unless advocating on behalf of You when following up on a particular complaint. You are always advised to exercise a high level of care and caution in the use of GoodHealth Experts as you would make any health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Expert.

Intellectual Property

All of the content available on or through the Service is the property of GoodHealth or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of GoodHealth or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms, or any use by you of the Website. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE WEBSITE, YOU HEREBY RELIEVE GOODHEALTH, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOODHEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, GOODHEALTH DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR CONTACT DETAILS. GOODHEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitations of Liability

IN NO EVENT WILL GOODHEALTH OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GOODHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BY USE OF THE WEBSITE AND THE SERVICES, THE USER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS, LIABILITIES, CONSEQUENCES, DECISIONS, BEHAVIOURS (“CONDUCT”) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR SERVICES, AND SHALL IN NO WAY HOLD GOODHEALTH AND/OR ITS AFFILIATES RESPONSIBLE FOR SUCH CONDUCT

Termination

GoodHealth may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. GoodHealth has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. GoodHealth reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Privacy

Your Consent to GoodHealth recording your calls to Customer Service to assure Quality Assurance.

All de-identified data, meta-data and research data collected by GoodHealth through your use of the Services remains the sole property of GoodHealth. GoodHealth may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that GoodHealth remove or delete any of such data.

You agree that the email username you provide can be used by GoodHealth to send you marketing offers from GoodHealth.

You acknowledge that GoodHealth must store all personal data as required by law, typically for no less than seven (7) years, and may not delete such records data, even upon your direct request.

Governing Law

This Agreement shall be governed by the laws of India, and the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.