Terms of Use & Service Agreement

1. Legally Binding Agreement

This Terms of Use and Service Agreement (“Agreement”) is a legally binding contract between Bizetikk 24 Private Limited (“Company”, “Platform”, “we”, “us”), and the user of the Platform (“User”, “you”, “your”).

By accessing, registering, or using the Platform, you confirm that you:

• Have read and understood this Agreement
• Agree to be bound by all terms
• Provide informed consent to all provisions herein

2. Nature of Services (Intermediary Platform)

2.1

The Platform is a technology intermediary that facilitates:

• Online medical consultations
• Sexual health and wellness services
• Access to licensed medical practitioners, including but not limited to allopathic doctors, clinical and counselling psychologists, and dietitians
• Diagnostic, pharmacy, and logistics services via third parties

2.2

The Company operates as a technology-enabled healthcare platform. The Company itself:

1. does not provide medical advice, diagnosis, or treatment; all such services are provided solely by duly qualified and registered healthcare professionals through the Platform;
2. does not prescribe any medicine or pharmaceutical product; any prescription is issued solely by the consulting Registered Medical Practitioner following an appropriate clinical assessment and in accordance with applicable law;
3. is not a pharmacy and does not itself manufacture, stock, dispense, sell, supply, or deliver any medicine or pharmaceutical product. Where a User elects to procure any medicine prescribed during a consultation, such medicine is dispensed, invoiced, supplied, and delivered solely by an independent, duly licensed third-party pharmacy. The Company's role is limited to providing technology-enabled and administrative facilitation between the User and the relevant third-party service provider; and
4. does not replace in-person medical examination, emergency medical care, or other offline healthcare services where such care is clinically required.

2.3

All services are provided by independent third parties, including consultant doctors, psychologists, dietitians, labs, and pharmacies.

3. No Doctor–Patient Relationship with Company

3.1

The Company does not establish a doctor–patient relationship with Users.

3.2

Any such relationship exists strictly between the User and the independent medical practitioner consulted.

3.3

The Company:

• Does not influence medical judgment
• Does not validate or guarantee prescriptions
• Does not supervise practitioners

4. Medical Disclaimer & No Guarantee of Cure

4.1

The Platform provides services strictly on an “as-is” and “as-available” basis.

4.2

The Company explicitly states:

• It does not guarantee any cure, recovery, or improvement
• It does not promise treatment effectiveness
• Results vary from individual to individual

4.3

All medical advice:

• Is provided solely by Practitioners
• May be incomplete due to teleconsultation limitations

4.4

The User acknowledges that reliance on any consultation is at their own risk.

5. No Liability for Misdiagnosis or Prescriptions

5.1

The Company shall not be responsible or liable for:

• Any misdiagnosis by a Practitioner
• Any incorrect, delayed, or inappropriate prescription
• Any adverse effects of treatments

5.2

The User expressly agrees that:

• Practitioners are solely responsible for medical decisions
• Any claims arising shall be directed against the Practitioner

6. No Liability for Laboratory or Third-Party Errors

6.1

The Platform may facilitate services from diagnostic laboratories, pharmacies, and logistics providers.

6.2

The Company shall not be responsible for:

• Incorrect lab reports
• Misdiagnosis by laboratories
• Delayed or incorrect deliveries
• Quality of Products or services

6.3

The User agrees that:

• Any claims shall be made directly against the respective third party
• The Company shall not be held accountable for such errors

7. Telemedicine Consent

By using the Platform, you:

• Consent to telemedicine consultations
• Acknowledge limitations such as lack of physical examination and dependence on self-reported information
• Accept risks including misdiagnosis and technical disruptions

8. User Eligibility

You represent that:

• You are at least 18 years of age
• You are legally competent to enter into this Agreement
• All information provided is true and accurate

9. User Account & Security

9.1

You are responsible for:

• Maintaining account confidentiality
• All activities under your account

9.2

The Company shall not be liable for:

• Unauthorized access
• Loss due to compromised credentials

10. User Obligations & Prohibited Conduct

You agree not to:

• Share obscene, explicit, or illegal content
• Misuse the Platform for non-medical purposes
• Provide false or misleading medical information
• Harass or abuse Practitioners

Violation may result in immediate suspension or legal action.

11. Data Storage, Usage & Third-Party Sharing Consent

11.1

The User expressly agrees and acknowledges that:

• The Company shall store User data, including sensitive personal and health data, on secure cloud infrastructure
• The Company will take reasonable steps to ensure data protection and security

11.2

The User further consents that the Company may share such data with authorized third parties, including but not limited to diagnostic laboratories (for tests, including blood tests), pharmacies (for medication fulfillment), and logistics providers (for delivery services).

11.3

The User understands and agrees that:

• Such sharing is essential for service delivery
• Authorized third parties operate independently

11.4

The User expressly agrees that in the event of any data breach, leak, or unauthorized disclosure caused by such third parties, the Company shall not be held liable or accountable.

11.5 Consultation Recordings & Transcripts

The User expressly acknowledges and provides informed consent that:

• The Company may record, store, and process audio recordings and/or transcripts of consultations conducted through the Platform
• Such recordings and transcripts may include medical discussions and user-provided information
• These recordings and transcripts shall be stored securely on protected cloud infrastructure using reasonable industry-standard safeguards

The User further agrees that such data may be used strictly for:

• Auditing consultations for quality and accuracy
• Internal compliance and review
• Training and improvement of medical professionals

The Company undertakes that:

• Access is restricted to authorized personnel only
• Data is handled with strict confidentiality
• No unauthorized commercial use will occur

Where feasible, such recordings or transcripts may be anonymized or pseudonymized for training purposes. The User acknowledges inherent risks of digital storage despite reasonable safeguards.

For further details on how we handle personal data, please see our Privacy Policy.

12. Privacy & Sensitive Data (Sexual Health)

12.1

The Platform handles highly sensitive data, including sexual health information and medical history.

12.2

While the Company implements reasonable safeguards, no system is completely secure and risks inherent to digital systems remain.

13. Payments, Refunds & Cancellations

13.1

All payments must be made in advance.

13.2

Refunds will be offered as per the Refund & Cancellation Policy of the Company.

13.3

Missed appointments may be treated as per the Refund & Cancellation Policy.

14. Intellectual Property Rights

14.1

All content on the Platform, including text, graphics, software, logos, UI/UX design, and databases, are the exclusive property of the Company or its licensors.

14.2

Users shall not:

• Copy, reproduce, distribute, or exploit content
• Reverse engineer or misuse software

14.3

Any unauthorized use may result in legal action and may lead to account termination.

15. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for:

• Medical negligence by Practitioners
• Misdiagnosis (doctor or lab)
• Prescription errors
• Failure of treatment
• Data loss or breach (outside Company's control)
• Indirect, incidental, or consequential damages

16. Indemnification

You agree to indemnify and hold harmless the Company against claims arising from:

• Misuse of services
• Incorrect or false information provided by you
• Violations of law or third-party rights

17. Termination

The Company reserves the right to suspend or terminate access, remove accounts, or restrict services in case of breach of terms or fraudulent or abusive behavior.

18. Force Majeure

The Company shall not be liable for delays or failures caused by:

• Natural disasters
• System failures
• Cyberattacks
• Government restrictions

19. Severability

If any provision is held invalid, the remaining provisions shall remain enforceable.

20. Waiver

Failure to enforce any provision shall not constitute waiver.

21. Governing Law & Jurisdiction

This Agreement shall be governed by the laws of India.

Courts at New Delhi shall have exclusive jurisdiction.

22. Modifications to Terms

The Company may revise these Terms at any time. Continued use constitutes acceptance of revised Terms.

23. Grievance Redressal

Grievance Officer: [Grievance Officer Name], grievance@untaboo.com

24. Entire Agreement

This Agreement, along with related policies including the Privacy Policy and Refund & Cancellation Policy, constitutes the entire agreement between the User and the Company.

25. User Acknowledgement & Acceptance

By using the Platform, you:

• Acknowledge that the Company is only an intermediary
• Agree that no cure or outcome is guaranteed
• Accept that doctors and third parties are solely responsible for their services
• Agree not to hold the Company liable for misdiagnosis, prescriptions, lab errors, or third-party data breaches
• Confirm that you have read, understood, and agreed to this Agreement in full