TERMS OF USE This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and Rule 3(1) of Information Technology (Intermediary Guideline and Digital Media Ethic Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Vitamon.co.in ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM (DEFINED HEREINAFTER) INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS OF USE THROUGH YOUR USE OF THE PLATFORM. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM. THESE TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS, YOUR USE OF OUR PLATFORM BEING INDICATIVE OF SUCH ACCEPTANCE. THESE TERMS OF USE SHALL BE ENFORCEABLE AGAINST YOU IN A THE SAME MANNER AS ANY OTHER WRITTEN AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES. 1. INTRODUCTION o VitaMon,co.in (hereinafter referred to as “VitaMon”, “VitaMon Application”, “Website” or the “Platform”, which term includes the website, sub-domains of the website, software, mobile application(s) or any other medium through which VitaMon may provide its services) is owned and operated by M/s 3imacs Systems Pvt. Ltd., a Company incorporated under the provisions of the (Indian) Companies Act, 2013 having its registered office at 76D, Udhyog Vihar Phase IV, Gurgaon-122001 o VitaMon is an internet based service provider that provides a healthcare platform intended to be used by end users / Users to connect with family members/friends/ doctors / physicians / hospitals. VitaMon aims to be a world-class Health (medical) Internet of Things (“IoT”) device integrator that connects smart devices to enable your family members/ friends/ trained healthcare professionals to monitor Users and their health on a real-time basis based on scientifically collected and mapped data. VitaMon integrates various devices used to collect various health parameters with consumer medical devices on a single platform. The data collected from various sources is analysed using medical algorithms which have been co-created with to gain real-time insight on User’s adherence to them to provide better customised care to individual Users. Users also are able to keep track of their ailments and treatment which helps them avoid future complications. VitaMon may require Users’ personal information, including sensitive personal information for collation, mapping and analysis, however such information shall only be collected with consent from the Users/ end users themselves and shall only be shared with trusted third parties, such as doctors and hospitals, and shall not under any circumstances be sold or shared to any other third party. o o For the purpose of this Terms of Use, wherever the context so requires, "you" or "User" or “User(s)” shall mean any natural or legal person above the age of 18 (eighteen) years and who has agreed to use the Platform, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform and / or VitaMon as the context may so require; This excludes any natural person that is under 18 (eighteen) years old and/or any legal person/merchants/corporates/entities that do not have VitaMon prior written consent. o These Terms of Use, together with the Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and VitaMon in relation to your use of the Platform o Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and VitaMon and governs your use of the Platform's Service, superseding any prior agreements between you and VitaMon o By using our Platform and the services provided through our Platform you herein represent and warrant that you are at least 18 (eighteen) years old. Kindly refrain from using the Platforms if you are not 18 (eighteen) years old. o 2.SCOPE OF SERVICE The Platform provides an internet based data aggregation service that collates, gathers, organizes and analyses data from different sources or devices to provide real-time feedback / overall view of a person/ User’s physiological health. The Platform provides an integrated service connecting Family members Users to their doctors / hospitals and providing both parties real-time data in order to track treatment, behavior and performance, thereby enabling a holistic and personally customized approach to health care management Users can use the Platform to integrate data from various smart devices that monitor different parameters or different aspects of their health. Users cannot see data or details of any other person / User or User and can only use the Platform for personal, non-commercial usage. Doctors, hospitals and trained healthcare professionals can use the Platform to monitor and analyse variations in or discrepancies in different parameters of Users / Users on a real – time basis in order to better judge the effectiveness of any treatment regime and Users’ response to such treatment. The Platform does not provide medical advice and should not be construed as a mechanism for Users to self-diagnose or self-medicate. The Platform only offers a service of data collection and analyses and is meant to be used by Family members , trained healthcare professionals for better monitoring of their family members/Friends . The Platform and the contents thereof are not to be construed as providing any medical advice and is not a substitute for consultation with a healthcare professional. The Platform may collect sensitive personal information of Users and share the same with persons entrusted by such User / User to receive such information. The Platform uses proprietary technology, software and medical algorithms designed and created by VitaMon in consultation with several leading doctors to analyse, evaluate and assess data collected by the Platform in respect of each individual User / User. 3.ACCESS AND TRANSMISSION OF CONTENTS OF THE PLATFORM o The Platform may provide generic and general information to persons who casually visit / peruse the Platform. The Platform shall only provide its services to Users that register with the Platform. VitaMon has the right to refuse services to any merchants/corporates/entities that do not have ViaMon prior written consent o Registered Users must necessarily create a personal profile in order to use the Platform. VitaMon strives to ensure the confidentiality and security of each personal profile of registered Users. The personal profile created by such Users may require certain personal information, including sensitive personal information. VitaMon does not generate or provide any information on behalf of any User. The User is wholly responsible for accuracy and correctness of the information shared or uploaded by him / her and for the creation of an accurate profile. The User shall also be responsible for ensuring that the details of all medical devices used by him / her are correctly and accurately provided to the Platform o VitaMon may collect, collate and organize data from different devices owned or used by the User and integrate the same into a collective document / page that may be viewed by the User as well as persons authorized by the User to have access to the integrated information / data, including doctors, hospitals or other trained healthcare professionals. o No person without the express consent of the User shall have access to the content, data or personal information of a User. However, demographic data in respect of Users may be shared by VitaMon with its trusted third parties, business partners, affiliates or other entities o VitaMon does not access your personal information. VitaMon uses proprietary software and technology to remotely analyse data and present the same in a manner easily perceptible or comprehensible to natural persons and healthcare professionals. o You acknowledge and agree that your personal data may be stored using cloud services or off-shore. Such data may be transmitted to secure local servers and / or to devices or individual persons who have been authorized by VitaMon or by the User to receive such information. o Your Use of the Content of the Platform : All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms : o Any downloading of Content is unauthorised and / or prohibited unless consent is received from VitaMon to authorize such download. You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to make such modification shall be treated as hacking You may not make or share any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform. You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines If any person/entity is found crawling the website for any commercial, business or other purposes, the same shall amount to offense and VitaMon shall be entitled to take appropriate action and claim damages, if any, as against such person/entity. You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform You may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to VitaMon. You may not use the Platform to compile a collection of listings, including a competing listing product or service. You may not use the Platform or any Content for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the materials or the products, services, processes or technology described therein. All such rights are retained by VitaMon, its subsidiaries, and/or any third party owner of such rights. You may not incorporate any portion of the software / source codes into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license VitaMon software in whole or in part. All software, services and features used in the Website / Platform are the property of VitaMon or its software suppliers and are protected by applicable copyright laws. Users are responsible for all information and content uploaded or published by them. You are solely responsible for personal information and acknowledge that You shall not furnish any false or misleading information. You acknowledge that in the event that you have furnished any such false information, VitaMon will have all rights to initiate appropriate legal action against you for the same, including sharing your sensitive personal information with jurisdictional or governmental authorities. o Feedback : 1. You are solely responsible for the content of any transmissions you make to the platform and any materials / data / information you add to the Platform, including but not limited to transmissions like your reviews, ratings and comments posted by you (the "feedback"). VitaMon does not endorse or accept any of your feedback as representative of their (VitaMon’s) views. By transmitting any public feedback to the Website, you grant VitaMon an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such feedback, in all Platforms now known or later developed. 2. You confirm and warrant that you have the right to grant the aforementioned rights to VitaMon. You hereby waive and grant to VitaMon all rights including intellectual property rights and also moral rights in your feedback, posted on the Platform. VitaMon is free to use all your feedback as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as feedback; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to feedback would also mean to include the reviews, ratings and comments posted by your friend's tagged by you or who respond to your feedback. Also, VitaMon reserves the right to mask or unmask your identity in respect of the feedback posted by you. 3.VitaMon has the right, but not the obligation to monitor and edit or remove any content posted by you as feedback. VitaMon cannot review all feedback made on its Platform. However, VitaMon reserves the right, but has no obligation, to monitor and edit, modify or delete any feedback (or portions thereof) which VitaMon in its sole discretion deems inappropriate, offensive or contrary to any VitaMon policy, or that violate the following terms. VitaMon reserves the right to delete, not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which : 1. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive; 2. constitutes or contains false or misleading indications of origin or statements of fact; 3. slanders, libels, defames, disparages, or otherwise violates the legal rights of VitaMon or any third party; 4. causes injury of any kind to any person or entity; 5. infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party; 6. violates any applicable laws, rules, or regulations; 7. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 8. impersonates another person or entity, or that collects or uses any information about Site visitors. 9. It is also clarified that, if there are any issues or claims due to your feedback, the VitaMon reserves the right to take appropriate legal action against you. Further, you shall indemnify and protect VitaMon against such claims or damages or any issues arising directly or indirectly due to your posting of such feedback. VitaMon takes no responsibility and assumes no liability for any content posted by you or any third party on the Platform. o You further acknowledge that conduct prohibited in connection with your use of the Platform includes, but is not limited to, breaching or attempting to breach the security of the Platform. You shall not under any circumstances view, download or share in any manner any personal information of any other User 4. You shall not host, display, upload modify, publish, transmit, store, update or share any information that: o belongs to another person and to which the user does not have any right; o is defamatory, obscene, pornographic, paedophilic, invasive of other privacy including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; o is harmful to child; o infringes any patent, trademark, copyright or other proprietary rights; o violates any law for the time being in force; o deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; o impersonates another person; o threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other nation; o contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; o is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; 5.TERMINATION VitaMon (as the context warrants) reserves the right to suspend or terminate services provided through the Platform and under this Terms of Use, with or without notice and to exercise any other remedy available under applicable law, in case of the occurrence of the following events: o You breach any terms and conditions of this Terms of Use or contravenes applicable laws; o Third-party reports violation of any of its rights as a result of your use of the services and the Platform. o If You are not a natural person of or above 18 years of age. Notwithstanding the above, VitaMon reserves the right to, in accordance with applicable law, remove the content published, shared, transmitted, stored or generated on the Platform by You in the event such content is found to be in violation of Clause IV above. 6.CANCELLATION POLICY o VitaMon only offers online payment options and COD (cash on delivery) is NOT an option for any services. You can contact VitaMon sales support at +91 9314977106. o It is hereby clarified that, once the order is shipped, it cannot be canceled in transit and may only be canceled and returned once it is received by the customer on such terms and conditions as may be applicable for cancellation of the order. o All the rights to cancel any order without explanation are reserved with VitaMon, in case, where required circumstances could not be fulfilled. VitaMon will make sure that all the communication related to the cancellation of the order and refund of the amount will be done in a reasonable time duration. o PAYMENT TERMS : The User shall make the payments to avail the Services or to make purchases through the Platform through the third-party payment gateway made available on the Platform. VitaMon shall have no role to play in case of any dispute related to payments/refunds. It is expected that the User shall contact the third-party payment gateway and/or the bank for any payment related issues. The collection and usage of payment related information is governed by the policies of the payment gateway provider. 7.PRIVACY POLICY o DO NOT SEND US OR UPLOAD ANY CONFIDENTIAL OR PROPRIETARY INFORMATION. o Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any service, feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information. o VitaMon is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its members, Users, clients, business partners and other users of the Website. To read our privacy policy statement, please refer to the Privacy Policy. VitaMon tries to ensure that sensitive personal information of Users is not shared with any third party, except for persons authorized by the User to receive such information. 8.DISCLAIMER OF WARRANTIES o Your use of this Platform is at your own risk. This Platform is provided by VitaMon on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform. o This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products on the Platform, including that: 1. This Platform and its services will meet your requirements. 2. This Platform will be uninterrupted, timely, and secure or error free. 3. The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and 4. Errors in the software will be corrected within reasonable time. 1. Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services. 2. Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do. o LIMITATION OF LIABILITY: 1. In no event shall VitaMon or any of its directors be liable to any User on account of such User's use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if VitaMon is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. VitaMon does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms. 2. The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law. 3. VitaMon cannot authenticate or verify any of the data collected from any device owned or used by any User. VitaMon shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User, whether or not such information is relied upon by VitaMon and / or any healthcare professional. VitaMon shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device. 4. Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the VitaMon to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising under this Agreement, in the aggregate, shall not exceed the amount of payment/fee against services and/or products that has been directly received by VitaMon from the User for the order out of which the claim arose. 5. Also note that, for users opting for the Pay Later option during booking a consultation, the fees shown on app is indicative and might vary depending upon the consultation duration and procedure opted, if any. o ADVERTISEMENTS 1. VitaMon reserves the right to advertise on the Platforms but does not endorse any services, persons or products as advertised. Users are advised to use their discretion with respect to the advertisements and should read all the terms and conditions relating to the product as provided by the manufacturer of the product before making such purchase through the Platform. 2. By using the Platform and/or registering yourself on the Platform you authorize us to contact you via email or phone call, Whatsapp or SMS and offer you our services, imparting product knowledge, offer promotional offers running on the Platform & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from VitaMon for the above-mentioned purposes till 365 days of your registration with VitaMon o INDEMNITY 1. You agree to indemnify, defend and hold VitaMon and all its directors, harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of content / feedback generated by you, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website 2.You hereby agree to indemnify, defend and hold harmless VitaMon, licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from: 1. Any violation by you of these Terms of Use. 2. Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of VitaMon; 3. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify VitaMon and its affiliates, officers, agents, directors, shareholders and employees from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees. 4. Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, VitaMon shall be entitled to claim appropriate sum towards damages and compensation from you and other responsible parties in case loss of profit due to fraud. o MISCELLANEOUS 1. Third Party Services : 1. While using the Website / Platform, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties. 2. You shall be solely responsible for your mode of accessing the Website and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you. 2. Change in terms of Use : This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. 3. Monitoring of Materials Transmitted By You : Changes may be periodically incorporated into the Platform. VitaMon may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that VitaMon may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. VitaMon reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions. 4. Deletions from Service VitaMon may delete any materials or content at the request of the user who submitted such material or content or at the request of a retailer / manufacturer / owner who has decided to ‘opt-out’ of the addition of materials or content to its advertising, including, but not limited to ratings and reviews provided by third parties. VitaMon reserves the right to delete (or to refuse to post to public forums) any material, information or content it deems detrimental to the system or is, or which may be, in the opinion of VitaMon, defamatory, infringing or violating applicable law. Materials submitted to the Website for publication may be edited for length, clarity and/or consistency with VitaMon's editorial standards 5.Notices All notices, demands and other communications between you and VitaMon must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below. No. +919314977106 Email – bhaskar@3imacs.com 6. Severability : Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect. 7. False Information : If at any point of time, VitaMon finds that the information provided by you in your registration or web mail is false, VitaMon reserves the right to terminate your account and remove all or any content previously posted by you. You hereby agree to: (a) provide true, accurate and complete information about yourself to VitaMon / the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete. 8. Dispute Resolution : 1. If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation. 2. However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to binding Arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. 3. The arbitration shall be conducted by a sole arbitrator and the same shall be done in accordance with laws of India. The place of arbitration shall be Gurugram (Harayana), India and the arbitral proceedings shall be conducted in English. 4. The award of the arbitrator shall be final, conclusive and binding upon the parties 1. Entire Agreement : These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. 2. Force Majeure: VitaMon shall not be liable for any losses, and/or breaches caused under this Agreement due to occurrence of any force majeure event. Force Majeure Event shall mean an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, failures of VitaMon’s hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, pandemic and its impact and wars); o VitaMon USER/ SUBSCRIBER TERMS AND CONDITIONS : For the purposes of the following terms and conditions (“VitaMon Terms”), the service provided to You (as defined below) is the facilitation of delivery of medicines and essentials, doctor consultation and lab tests, as detailed hereinafter, and other benefits that VitaMon may offer, as a part of DocPlus, Lab Plus, Medicine Plus and Essential Plus (“VitaMon Plan/(s)”)(defined in clause iii (e) of these VitaMon Terms) subscriptions provided through the Platform. I. NATURE AND APPLICABILITY OF TERMS : Please go through these VitaMon Plus Terms carefully before you decide to avail the VitaMon Plus Plans facilitated by VitaMon on its Platform. The VitaMon Plus Terms set out herein are in addition to the VitaMon Terms and Conditions (available athttps://www.Vitamon.com/terms-of-use) read with the Privacy Policy (available at https://www.Vitamon.com/privacy-policy), (the Terms and Conditions and Privacy Policy are together referred to as “Standard Policies”) and together they constitute a legal agreement between You and VitaMon. The Standard Policies and the VitaMon Health Plan Terms are to be read in connection with Your visit to the Platform and Your use of the VitaMon Plan respectively. To the extent of any inconsistency between the Standard Policies and the VitaMon Terms herein, the VitaMon Plus Terms herein shall prevail over the Standard Policies to the extent of the inconsistency. These VitaMon Health Plan Terms apply to any persons who are subscribers to VitaMon or subscribers on behalf or for the benefit of a particular person. The User (defined hereinafter) is required to be registered on the Platform and should have subscribed to the VitaMon Plans. The User is hereinafter referred to as the “You” / “Your” / “User”. As a part of availing the VitaMon Plans, You may choose different packages available pursuant to the VitaMon Plan which best suits Your needs as per the plan details set out in Your VitaMon Application/ Platform or in these Terms (“Plan Details”). The User-specific details will be visible to You on Your purchased plan page (“Plan Page”) hosted on Your VitaMon Application/Platform. If you have any questions about any part of these VitaMon Terms, feel free to contact us either by calling us at +91 9314977106 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at bhaskar@3imacs.com By availing the VitaMon Plan, you signify your acceptance of the terms of the Standard Policies and these VitaMon Health Plan Terms. We reserve the right to modify or terminate any portion of these VitaMon Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these VitaMon Terms and the Standard Policies at regular intervals. Your continued availing of the VitaMon Plans following any such modification constitutes your agreement to follow and be bound by these Terms and the Standard Policies so modified. You acknowledge that you will be bound by these VitaMon Terms specifically for availing any of the VitaMon Plans. If you do not agree with any part of these VitaMon Terms and/or the Standard Policies, please do not use the Platform or avail the VitaMon Plan. Your access and use of the Health Plus Plan will be solely at the discretion of VitaMon. II. CONDITIONS OF USE : You must be eighteen (18) years of age or older to register on the Platform to avail the VitaMon Plans and You shall have the right, authority and capacity to use the Platform to avail the VitaMon Plans and agree to and abide by these Terms. III. TERMS OF THE VitaMon PLAN : 1. a. terms: The VitaMon Plan subscribed to by You will be valid for the period as per the Plan Details commencing from the date of subscription of the VitaMon Plan (“Term”). After the expiry of the Term, You may choose a different Plan as per the Plan Details and subscribe thereto or renew Your existing subscription, on such terms that are valid and subsisting as on date of subscription or renewal. The benefits under the VitaMon Plan cannot be carried forward after the expiry of the Term. 2. b. Registration: The User is a registered user on the Platform and has subscribed to the VitaMon Plans on the Platform by paying the applicable fees as per the Plan Details. You could avail the Plan solely for Yourself. 3. c. Information: As a part of the registration process for VitaMon Plan, You will fill in certain personal information and details in order to create a medical history and profile as when requested on the application. The information shared by You will be dealt with in accordance with the Standard Policies. 4. d. VitaMon Plan details: As a part of VitaMon Plan, You are entitled to benefits that are set out in the Plan Details or VitaMon Plans defined in clause iii (e). 5. e. VitaMon Plans: After subscribing to the VitaMon Plan, You may be eligible to avail the benefits covered under the VitaMon Plans as under: i. DocPlus: a) The DocPlus subscription can only be used for booking doctor consultations. b) The subscription is valid for a period of 6 months from the date of purchase. c) As a DocPlus member, Users are entitled to get a Flat 50% discount on the first 12 consultations and 35% discount on all consultations booked thereafter. d) A cashback of 5% would be credited to your VitaMonwallet upon the successful booking of all doctor consultations. ii. Medicine Plus: a) The Medicine Plus membership can only be used for prescription medicines. b) The subscription is valid for a period of 3 months from the date of purchase or for 6 orders, whichever is earlier. c) As a Medicine Plus member, customers are entitled to get a Flat 35% discount on prescribed medicines + ₹50 in VitaMon wallet on all 6 orders. d) The Medicine subscription is only valid for medicine purchases. iii. Lab Plus: a) The Labs Plus membership shall only apply to the test groups and tests as listed under the “All tests” tab. b) The subscription is valid for a period of 6 months from the date of purchase or for 6 orders, whichever is earlier. c) As a subscriber, customers are entitled to get a Flat 35% discount on tests + 5% of order value as cashback on all 6 orders. d) The subscription is only valid for tests listed under “All Tests” purchase. iv. Essentials Plus: (Name approval needed) a) The Essentials Plus membership is valid for a period of 3 months from the date of purchase or for 6 orders, whichever is earlier. The User shall at his sole discretion, may subscribe to any one of the VitaMon plans or all of the VitaMon Plans. 6. f. Payment for VitaMon Plans: You will make the payment to VitaMon at the time of subscribing to the VitaMon Plan, at the rates set out in the Plan Details. VitaMon reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, with respect to any product, anytime in the future. 7. g. VitaMon Plan Cancellation by User and Refund: You are not entitled to cancel Your subscription until the Term specified under the Specific VitaMon Plan. The User shall not be entitled to any refund with respect to the VitaMon Plan. 8. h. Cancellation of Subscription or VitaMon Plan by VitaMon: VitaMon may cancel Your membership at its sole discretion without notice. If we do so, we may issue a prorated refund based on the number of full orders remaining in your membership. However, we will not give any refund for cancellation of membership related to conduct that we determine, at our discretion, violates these Terms or any applicable law, involves fraud or misuse of the membership or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. 9. i. Alteration in the VitaMon Plans: To provide You the best possible experience, We are constantly evolving. Hence, you acknowledge and agree that VitaMonmay require affecting certain changes in it, therefore, VitaMon reserves the right to suspend/cancel, or discontinue any or all products at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the app without any prior notice. · VITAMONCASH - USER TERMS AND CONDITIONS The following terms and conditions (“VitaMonCash Terms”) as detailed hereinafter, shall govern the usage of VitaMon cash/cashback (“VitaMonCash”) on the Platform by the user (hereinafter referred to as the “You” / “Your” / “User”). 1. NATURE AND APPLICABILITY OF TERMS Please go through these VitaMonCash Terms carefully before You decide to avail the use of VitaMonCash/ on the Platform. The VitaMonCash Terms set out herein are in addition to the VitaMon Terms and Conditions (available at [https://www.VitaMoncare.com/terms-of-use] ) read with the Privacy Policy (available at [https://www.Vitamoncare.com/privacy-policy]), (the Terms and Conditions and Privacy Policy are together referred to as “Standard Policies”) and together they constitute a legal agreement between You and VitaMon. The Standard Policies and the VitaMonCash Terms are to be read in connection with Your visit to the Platform and Your use of the VitaMonCash respectively. To the extent of any inconsistency between the Standard Policies and the VitaMonCash Terms herein, the VitaMonCash Terms herein shall prevail over the Standard Policies to the extent of the inconsistency. These VitaMonCash Terms apply to any person who uses VitaMonCash on the Platform. The User is to be registered on the Platform to use VitaMonCash provided on the Platform. If You have any questions about any part of these VitaMonCash Terms, feel free to contact us either by calling us at +91 [7406-147-147] (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@VitaMoncare.com. By using VitaMonCash, You signify Your acceptance of the terms of the Standard Policies and these VitaMonCash Terms. We reserve the right to modify or terminate any portion of these VitaMonCash Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these VitaMonCash Terms and the Standard Policies at regular intervals. Your continued availing serviced following any such modification constitutes Your agreement to follow and be bound by these Terms and the Standard Policies so modified. You acknowledge that You will be bound by these VitaMonCash Terms specifically for usage of VitaMonCash. If You do not agree with any part of these VitaMonCash Terms and/or the Standard Policies, please do not use the Platform or avail the services.