TERMS OF USE

Welcome to Nivaan website (the "Application"). The Application is operated by Rewind Healthcare Private Limited] ("Nivaan"), having its registered office at Cowrks, WorldMark 1, Tower A, Aerocity, Indira Gandhi International Airport, Delhi – 110037.

The terms 'You' or 'Your' refer to you as the user (irrespective of whether You are a Registered User or a Non-Registered User) and the terms 'Nivaan', 'We', 'Us', 'Company', and 'Our' refer to Nivaan. In the event the Application is being used by a person on your behalf, the expression "You" or "Your" shall apply to such third party as well.

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE APPLICATION. THESE TERMS OF USE (AS AMENDED FROM TIME TO TIME), TOGETHER WITH THE Nivaan PRIVACY POLICY (AS AMENDED FROM TIME TO TIME) AVAILABLE AT [PLEASE PROVIDE LINK TO THE PRIVACY POLICY], ANY ADDITIONAL SERVICE SPECIFIC TERMS AND CONDITIONS AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS APPLICATION CONSTITUTE THE TERMS OF YOUR ACCESS TO AND USAGE OF THE APPLICATION. BY CLICKING ON THE 'I ACCEPT' BUTTON AT THE END OF THIS PAGE OR ACCESSING OR USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THIS APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY THEM PLEASE DO NOT ACCESS OR USE THE APPLICATION.

If You are accessing the Nivaan application, then there may be additional terms (such as the terms imposed by application stores) which may also govern the use of the application. By clicking on the 'I Accept' button at the end of this page or accessing or using the application, You agree to be bound by the aforesaid additional terms as may be amended from time to time.

These Terms of Use, the Privacy Policy, together with any additional Service-specific terms and conditions, other policies which may be applicable to specific portions of the Application and any disclaimers which may be present on the Application are referred to as "Agreement". Where any part of the Agreement is modified in accordance with the terms of the Agreement, the Agreement shall be enforceable in its modified form.

The features / services of the Application are available to Registered Users only in India. However, Non-Registered Users within India may browse through the information provided in the Application.

The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to You.

THE APPLICATION

Nivaan is the author and publisher of the Application, and all variants, editions, add-ons, and ancillary products or services of the Application (including all files and images contained in or generated by the software, and accompanying data, together). The Application may be used by Users (defined below) to avail Services (defined below) and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/health coach/consultant information, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, inventory, accounting details and other relevant information.

USERS

• "Registered Users" are users who have successfully made applicable payments, registered and onboarded themselves with Nivaan for availing Nivaan's Services by providing information that is true and accurate, and who can log on to their account on the Application by providing their username and password.
• "Health Care Service Providers" or "HSPs" are duly qualified doctors, nurses, dieticians, health coaches, paramedical staff, physiotherapists, consultants, medical equipment suppliers, laboratory service providers, other incidental and ancillary health care service providers who interact with Registered Users as part of the Services.
• "Non-Registered Users" are users who have not successfully registered themselves on the Application. Non-Registered Users may not be provided access to certain areas of the Application.
• Registered Users and Non-Registered Users shall individually or collectively be referred to as "Users".

ACCESS AND USAGE RIGHTS OF USERS

Non – Registered User:

A Non-Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. A Non-Registered User is specifically permitted to (subject to acceptance of the Privacy Policy):

• To browse the Nivaan website without accessing any Services;
• To share the Nivaan website via social media applications;
• Access certain questionnaires and provide details required to assess the eligibility for availing any Services.

Registered User:

A Registered User is not permitted to access or make use of the Application for any purpose other than what is specifically permitted. A Registered User is specifically permitted to:

• Enjoy all the access and usage rights of an Unregistered User;
• Access and use the Services specifically subscribed to and subject to such limitations and restrictions as are prescribed under the Agreement or may be otherwise communicated to Registered User from time to time through any contact information shared by such user at the time of registration.

CONTENT

The data and information available on the Application may be categorised as follows:

• Data and information generated or provided by Unregistered Users and Registered Users on the Application ("User Content")
• Data and information which Nivaan (through itself or its contractors) has generated or procured for the Application and includes data and information generated or provided by HSP ("Nivaan Content");

GENERAL TERMS OF USE

• You will use the Application and the features provided by the Application only in relation to and in compliance with all applicable Indian laws.
• You will not use this Application or any feature provided by the Application for any purposes not intended under this Agreement.
• You should not use this Application from outside of India. In a situation where You avail of any Service outside India which involves an Nivaan doctor or HSP, You should have any prescription issued or advice received validated by a local registered medical practitioner or relevant qualified service provider.
• Certain Services are location specific. Depending on Your location, some Services may not be available to You.
• You will not deliberately use the Application in any way that is unlawful or harms Nivaan, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Application.
• As a Registered or Non-Registered User, You may have access to business sensitive information. You shall not share such information with Nivaan's direct competitors, except with Nivaan's prior written consent.
• You understand that as part of Your registration process as well as in course of Your use of the Application, You may receive SMS, telephone and/or email communication from Nivaan on Your registered contact information. These communications will relate to Your registration, Services provided by Nivaan, transactions that You carry out through the Application and any such information found suitable of Your attention by Nivaan. Please note that Nivaan will send these communications only to the mobile number that You provide on the Application. It is Your responsibility to ensure that You provide the correct number for the transaction You wish to enter into. Further, Nivaan may also send notifications and reminders to You for the features that You may be using on the Application. You hereby consent to receive such communications from Nivaan.

SERVICES

The Application may be used to access a variety of healthcare and related services. Depending on the status of Your registration and subject to the limitations and restrictions imposed by the Agreement or by Nivaan, You may avail of the following services through the Application (provided by Nivaan or through third party independent contractors):

• Online Coaching/Consultations;
• Lab/sample collections;
• Built-in app features such as reminders, storage and display of Your medical records, information and history, including general medical information, outpatient records, discharge summaries, prescriptions, lab investigations and radiology reports;
• Prescription of certain medication as deemed fit by doctor physicians
• Any physical devices or instruments as part of care kit, deemed fit by Nivaan for successful delivery of its Services
• Delivery of medicines from third party suppliers in case if they are ordered by Nivaan on behalf of patient
• Such other services may be intimated from time to time.

• The Services are non-transferable and only cover the Registered User.
• The initiation, duration, pricing and terms of any specific Service availed by You, along with any additional terms and conditions not specifically covered under this Agreement shall be separately communicated to You as and when you decide to avail of such Service. Where the price for a Service is displayed on the Application or separately communicated to You, You agree to such pricing where You avail of the Service. Certain discounts may be made available to You from time to time, at the sole discretion of Nivaan. Nivaan expressly reserves the right to change/modify/withdraw such discounts based on various factors including ongoing campaigns, geographies, channels, etc.
• Registered Users who decide to avail Services ("Health Consultation Services") must be at least 18 years of age and sound mind.
• All Users, who are patients, and who opt for Health Consultation Services, may be required to undergo an initial medical examination to ascertain and record medical history, medication history and medical status before video-consulting support can be provided.
• Health Consultation Services may be provided via the following communication channels [Call Center Helplines / Telephones / Mobiles / IM Chats / Online Chats / SMS & Text Chats with and without camera and video facilities]. Reasonable efforts will be made to protect Your privacy and confidentiality across Health Consultation Services.

Nivaan'S RIGHTS TO THE APPLICATION AND Nivaan CONTENT

Nivaan respects the intellectual property rights of others, and We expect the same from You. The Application, User Content and the Nivaan Content are protected by applicable intellectual property laws.

Nivaan's Rights to the Application and Nivaan Content:

• All intellectual property in and to the Application and all software, techniques and processes used in connection with the aforesaid, belongs exclusively to Nivaan or its licensors. As a User, You are granted a limited license to access and use the Application as per the terms of the Agreement. Through Your use of the Application, by no means are any intellectual property rights impliedly or expressly granted by Nivaan to You in respect of such works.
• Nivaan and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Application. Notwithstanding the generality of the foregoing, the name and logo of "Nivaan" [PLEASE ADD OTHER TRADE MARKS HERE IF APPLICABLE] [is/are] the trademarks and copyright (inclusive of any other applicable intellectual property right) of Nivaan and/or its licensors. Any use of the such name or logo, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Nivaan and/or its licensors and may be actionable under applicable laws.
• Except as stated otherwise in this Agreement, all Nivaan Content (including all intellectual property rights to such content) is owned exclusively by Nivaan and/or its licensors.
• When You use the Application in accordance with this Agreement, a limited royalty-free right is granted to You by Nivaan to use Nivaan Content for personal and non-commercial use in India for the term of the Agreement.
• Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
• Unless expressly authorized by Nivaan, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Nivaan Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.

Rights in User Content:

• You agree that You are the owner of all rights (including all intellectual property rights) in the User Content that You post on the Application or provide to Nivaan.
• To the extent permissible by law, You hereby grant Nivaan a perpetual, non-revocable, worldwide, royalty-free license to make use of such User Content including the right to copy, distribute, display, reproduce, modify, adapt, the User Content, and create derivate works of the User Content.