Terms and Conditions

1. NATURE AND APPLICABILITY OF TERMS

 Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.smartsewa.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Smartsewa. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Smartsewa in connection with your visit to the Website and your use of the Services (as defined below). 

The Agreement applies to you whether you are -

1.  A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or 
2. A patient, his/her representatives or affiliates, create digital health profile searching for Diagnostics services and Practitioners through the Website (“End-User”, “you” or “User”); or
3.  Otherwise a user of the Website (“you” or “User”). This Agreement applies to those services made available by Smartsewa on the Website, which are offered free of charge to the Users (“Services”), including the following: 
4. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website; 

5. For other Users: Facility to (i) create and maintain „Digital Health Profile‟, (ii) search diagnostics services search diagnostic packages offered by smartsewa or third party labs; (iii) to make booking for diagnostic services (iv) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Smartsewa, and (vi) to make appointments with Practitioners. 

   The Services may change from time to time, at the sole discretion of Smartsewa, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time. 

   This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@smartsewa.com. 

   We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. 

   You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services. 

   Your access to use of the Website and the Services will be solely at the discretion of Smartsewa. 

   The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: 

6.  the Indian Contract Act, 1872, 
7.  the (Indian) Information Technology Act, 2000, and
8.   the 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 “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”). 

2. CONDITIONS OF USE 

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Smartsewa that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement. 

3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS 

The terms in this Clause 3 are applicable only to Users other than Practitioners. 

3.1 END-USER ACCOUNT AND DATA PRIVACY 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy. 

3.1.2 Smartsewa may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of Smartsewa‟s services and to build new services. 

3.1.3 The Website allows Smartsewa to have access to registered Users‟ personal email or phone number, for communication purposes so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

 3.1.4 The Privacy Policy sets out, inter-alia:

1. The type of information collected from Users, including sensitive personal data or information;
2. The purpose, means and modes of usage of such information; 
3. How and to whom Smartsewa will disclose such information; and, 
4. Other information mandated by the SPI Rules. 

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, interalia: i. the fact that certain information is being collected; ii. the purpose for which the information is being collected; iii. the intended recipients of the information; iv. the nature of collection and retention of the information; and v. the name and address of the agency that is collecting the information and the agency that will retain the information; and vi. the various rights available to such Users in respect of such information.

3.1.6 Smartsewa shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Smartsewa or to any other person acting on behalf of Smartsewa.

 3.1.7 The User is responsible for maintaining the confidentiality of the User‟s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User‟s account and password, whether or not authorized by the User. The User shall immediately notify Smartsewa of any actual or suspected unauthorized use of the User‟s account or password. Although Smartsewa will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Smartsewa or such other parties as the case may be, due to any unauthorized use of your account. 

3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Smartsewa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smartsewa has the right to discontinue the Services to the User at its sole discretion.

 3.1.9 Smartsewa may use such information collected from the Users from time to time for the purposes of debugging customer support related issues. 

3.2 RELEVANCE ALGORITHM

 Smartsewa relevance algorithm for the creating Digital Health Profile is a fully automated system where the different diagnostic test are attached with organ specific and display specific organ condition good, moderate or bad with respect to the individual age & gender as per international standards may vary in different healthcare conditions. Listings of Practitioners or third party lab do not represent any fixed objective ranking or endorsement by Smartsewa. Smartsewa will not be liable for any change in the relevance of the Practitioners or third party lab on search results, which may take place from time to time. The listing of Practitioners or third party lab will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Smartsewa in no event will be held responsible for the accuracy and the relevancy of the listing order of the Practitioners or third party labs on the Website. 

3.3 LISTING CONTENT AND DISSEMINATING INFORMATION 

3.3.1 Smartsewa collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Practitioners or third party labs listed on the Website, such as their specialization, qualification, fees, location, visiting hours, and similar details. Smartsewa takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Smartsewa screens and vets the information and photos submitted by the Practitioners, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

3.3.2 The Services provided by Smartsewa or any of its licensors or service providers are provided on an "as is" and “as available‟ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Smartsewa does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Smartsewa does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Smartsewa disclaims all liability arising out of the User‟s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Smartsewa or any User in relation to any User or services provided by such User.

3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. Smartsewa has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Smartsewa endorses the linked site. User may use the links and these services at User‟s own risk. 

3.3.4 Smartsewa assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User‟s equipment on account of User‟s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User‟s sole remedy is to discontinue using the Website. 

3.3.5 If Smartsewa determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Smartsewa reserves the right to immediately suspend your access to the Website or any of your accounts with Smartsewa and makes such declaration on the website alongside your name/your clinic‟s name as determined by Smartsewa for the protection of its business and in the interests of Users. You shall be liable to indemnify Smartsewa for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Smartsewa or its Users. 

3.3.6 The information published under the head of "Industry wide city-wise Pricing Graph" is derived from a benchmarking group that is determined to be relevant by Smartsewa in the relevant city. Smartsewa has published this information for guidance purpose and does not have the ability to ascertain accuracy of the data based on which the information has been published and nor does it have any duty to disclose to anyone the source of the underlying data sets based on which this information has been published. Smartsewa is not liable in any manner for any consequence whatsoever arising out of any use of the information published here. 

3.4 SMARTSEWA DIAGNOSTICS

3.4.1 The Sample Provider shall provide the valid prescription, if required and applicable, issued by a doctor which contains the tests that are to be conducted, for which the phlebotomist is required to collect the samples from the Sample Provider. 

3.4.3 The Sample Providers may be required to provide a valid proof of identification to the phlebotomist. 

3.4.4 The Sample Provider explicitly provides consent to the phlebotomists /SMARTSEWA for collection of the requisite samples from the Sample Provider. 

3.4.5 The services provided by SMARTSEWA are for the purpose of enabling diagnostic discovery of patient‟s condition for which the relevant test/ procedure is prescribed/ recommended, and for no other purpose. 

3.4.6 SMARTSEWA shall use the Website to enable booking of appointments for pathology services including but not limited to home collection of samples by phlebotomist, delivery of reports and such related services. 

3.4.7 The process of home collection shall be conducted by the phlebotomists as per SMARTSEWA standard operating procedures and policies. However, in the event any Sample Provider has a special request, the same may be communicated to SMARTSEWA at the time of booking the appointment so that SMARTSEWA and phlebotomists are enabled appropriately to handle the said request. 

3.4.8 The invoice will be provided to the Sample Provider online by SMARTSEWA either before or after the home collection service. Payment towards the said invoice may be made either by electronic mode or cash on delivery (i.e., at the time of collection of samples). In the event the Sample Provider has any complaints regarding the home service collection, phlebotomists, pathology report, equipment and the like, the same can be reported to support@smartsewa.com. 

3.4.7 In case of any deficiency of service by SMARTSEWA, where such deficiency is attributable to SMARTSEWA, SMARTSEWA shall perform the home collection and pathology service free of cost for the Sample Provider or SMARTSEWA shall provide credits that can be utilized for other services from SMARTSEWA for the amount payable for the service/ test availed, to the Sample Provider. The said determination shall be at SMARTSEWA‟s sole and absolute discretion and our decision in this regard shall be final and binding on the Sample Provider. 

3.4.8 In the event the deficiency of service is due to any reason attributable to the Sample Provider and/or his agent/ representative, in such case SMARTSEWA shall not be liable to the Sample Provider in any manner whatsoever. The Sample Provider acknowledges that SMARTSEWA may provide these healthcare diagnostic services, including testing and analysis of samples, either through its own laboratories or through outsourced service providers; SMARTSEWA bears no responsibility for any indirect damage, loss or consequence suffered by the Sample Provider owing to the particulars/results of the report. The liability of SMARTSEWA shall be limited to the value of the consideration paid by the patient/User for any such test availed through SMARTSEWA. 

3.4.9 All the information provided by Sample Providers shall be accurate and authentic. It is explicitly clarified that SMARTSEWA does not validate any information provided by the Sample Provider. In the event of any non-compliance, non-adherence, breach of any Terms herein by the Sample Provider, SMARTSEWA reserves the right to refuse providing services to the Sample Provider. 

3.5 BOOK APPOINTMENT, 

Smartsewa enables Users to connect with Practitioners and other services through two methods: a) Book facility that allows Users book an appointment through the Website or mobile app. 

3.5.1 Smartsewa will ensure Users are provided confirmed appointment on the Book facility. However, Smartsewa has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. 

3.5.2 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Smartsewa of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk. 

3.5.3 Without prejudice to the generality of the above, Smartsewa is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Smartsewa will not be liable for: 

1. User interactions and associated issues User has with the Practitioner; 
2. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;
3. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);
4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services; 
5. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner‟s staff; 

3.5.5 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Smartsewa shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.  

3.5.6 In case of a „Patient-No-Show (P.N.S)‟ (defined below), where the User does not show-up at the concerned Practitioner‟s clinic: 

1. User‟s account will be temporarily disabled from booking further online appointments on Smartsewa.com for next four (4) months, in case of, three(3) Valid PNS. However, the User can continue to call the clinic via Smartsewa.com to get an appointment. 
2. Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. When Practitioner informs Smartsewa of the incident or marks a particular appointment as P.N.S. using the Smartsewa Ray software or Smartsewa Pro App within five (5) days of the scheduled appointment, an email and SMS (“PNS Communication”) will be sent to the User to confirm on the incident with reasons. Where the User is not able to establish that the User had a legitimate reason as per Clause 3.4.6(c), for not showing up, Smartsewa shall be entitled to take actions as under Clause 3.4.6 (a). However Users understand that, actions such as ones mentioned under Clause 3.4.6(a) are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner. 
3.  Following instances, solely at the discretion of Smartsewa, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized as per Clause 3.4.6 (a): 

   a. User does not reply within seven (7) days, with reasons to PNS Communication, from the date of receipt of such PNS                          Communication;

   b. In case User responds to the PNS Communication with below reasons:

  c. Forgot the appointment 

  d. Chose to visit another Practitioner/consulted online; 

  e. Busy with other work; or such other reasons (which Smartsewa at its discretion decides to be a valid reason to not show up). 

4. Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Smartsewa, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.
5. Smartsewa reserves the right to make the final decision in case of a conflict. The total aggregate liability of Smartsewa with respect to any claims made herein shall be INR 200. 

3.4.7Cancellation and Refund Policy 

1.  In the event that, the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at support@Smartsewa.com within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the appointment booked with a Practitioner, without cancelling the appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand. 
2.  Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner. 

3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE 

3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Smartsewa and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner. 

3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from Smartsewa, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 

3.5.3The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person‟s behalf), please contact an ambulance service or hospital directly.

 3.6 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS 

3.6.1 The contents listed on the Website are (i) User generated content, or (ii) belong to Smartsewa. The information that is collected by Smartsewa directly or indirectly from the End- Users and the Practitioners shall belong to Smartsewa. Copying of the copyrighted content published by Smartsewa on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Smartsewa reserves its rights under applicable law accordingly. 

3.6.2 Smartsewa authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, "Smartsewa Content"), are the property of Smartsewa and are protected under copyright, trademark and other laws. User shall not modify the Smartsewa Content or reproduce, display, publicly perform, distribute, or otherwise use the Smartsewa Content in any way for any public or commercial purpose or for personal gain. 

3.6.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. 

3.7 REVIEWS AND FEEDBACK 

By using this Website, you agree that any information shared by you with Smartsewa or with any Practitioner will be subject to our Privacy Policy. 

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Smartsewa in publishing Critical Content is restricted to that of an „intermediary‟ under the Information Technology Act, 2000. Smartsewa disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an „intermediary‟ under the said Act. Smartsewa shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. 

Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Smartsewa, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Smartsewa may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

1.  Obtaining feedback in relation to Website or Smartsewa‟s services; and/or

    a. Obtaining feedback in relation to any Practitioners listed on the Website; and/or

    b. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content; 

2. and you agree to provide your fullest co-operation further to such communication by Smartsewa. Smartsewa‟s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms. 

3.8 RECORDS 

Smartsewa may provide End-Users with a free facility known as „Records‟ on its mobile application „Smartsewa‟. Information available in your Records is of two types: 

1. User-created: Information uploaded by you or information generated during your interaction with Smartsewa ecosystem, eg: appointment, medicine order placed by you.
2. Practice-created: Health Records generated by your interaction with a Practitioner who uses „Smartsewa Ray‟ or other Services of Smartsewa software. The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy: 

3.8.1 Your Records is only created after you have signed up and explicitly accepted these Terms. 

3.8.2 Any Practice created Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Smartsewa does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner. 

3.8.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Smartsewa is not liable for any interruption that may be caused to your access of the Services. 

3.8.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Smartsewa, you should refer to your prescription before taking any medicines. Smartsewa is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Smartsewa app. 

3.8.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Smartsewa is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Smartsewa. 

3.8.6 Smartsewa uses industry–level security and encryption to your Health Records. However, Smartsewa does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Smartsewa of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@smartsewa.com. 

3.8.7 If you access your dependents‟ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Smartsewa assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Smartsewa and its officers against any such claim or liability arising out of unauthorized use of such information.

 3.8.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts. 

 3.8.9 You may lose your “User created” record, if the data is not synced with the server.

 3.8.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.

 3.8.11 Smartsewa is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts. 

3.8.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. Smartsewa is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.

3.8.13 Smartsewa is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them. 

3.8.14 Smartsewa has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently. 

3.8.15 Smartsewa will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason. 

3.8.16 You agree and acknowledge that Smartsewa may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records. 

3.8.17 You acknowledge that the Practitioners you are visiting may engage Smartsewa's software or third party software for the purposes of the functioning of the Practitioner‟s business and Smartsewa's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws. 

3.8.18 To the extent that your Records have been shared with Smartsewa or stored on any of the Smartsewa products used by Practitioner‟s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Smartsewa pertaining to such previously visited clinics and hospitals who have tie ups with Smartsewa for the purposes of their business and for Smartsewa's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the applicable laws and further agree, upon creation of your account with Smartsewa, to the mapping of such Records as may be available in Smartsewa‟s database to your User account. 

3.9 SMARTSEWA Wallet 

3.9.1 Smartsewa encourages user to invest time in health and rewards 10x equivalent to the time invest by individual in their health. Once user invests 100 minutes in wallet, user can raise request for cash back which will be equivalent ₹ 100/-. For example if user avail basic vital screening which take 09 minutes, 09 minutes will add in wallet. Similar way for every test user will add minutes for different test. Following are the services user can book:- 

1.  Booking of instant preventive health checkups basic vital screening (09 minutes), Kidney care (05 minutes), Oral Care (15 minutes) and Breast care (15 minutes); 
2.  Booking of sample collection for diagnostics (05 mins). 
3.  Subscribing to Healthcare plans. 
4.  (The above services on the Website are collectively referred to as “Permitted Services”.) 

4. TERMS OF USE PRACTITIONERS 

The terms in this Clause 4 are applicable only to Practitioners. 

4.1 LISTING POLICY 

4.1.1Smartsewa, directly and indirectly, collects information regarding the Practitioners‟ profiles, contact details, and practice. Smartsewa reserves the right to take down any Practitioner‟s profile as well as the right to display the profile of the Practitioners, with or without notice to the concerned Practitioner. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Smartsewa immediately to enable Smartsewa to make the necessary amendments. 

4.1.2Smartsewa shall not be liable and responsible for the ranking of the Practitioners on external websites and search engines