ColorCode Health+ Privacy_ Policies

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ColorCode Health+ Privacy_ Policies

  • The ColorCode Company (ColorCode Health+). (AHEL) is committed to respecting the privacy of every personal who shares information or data with AHEL. Your privacy protection is important to us and we strive to take due care and protection of the information, we receive from you, the User. In this regard, we adhere to the various governing laws such as!
  • • The Information Technology Act, 2000 – Section 43A.
    • The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
  • This Privacy Policy (“Privacy Policy”) applies to the collection, storage, processing, disclosure and transfer of your Personal Information (defined below) as per the above mentioned laws, particularly when you use the website of https://www.thecolorcodecompany.com (“Website”) operated by AHEL for any information or services (“Services”).
  • The terms ‘You’ or ‘Your’ refer to you as the User (registered or unregistered) of the Website and/or Services and the terms ‘We’, ‘Us” and ‘Our’ refer to AHEL.
    • 1. ACCESS

    We collect Your Personal Information directly from You, from third-parties and automatically through the Our Website. This Personal Information, for instance, would relate to the type of device You are using, the time that You have logged on to Our Website, Your IP address and other Personal Information as listed in Clause 5 below.
    . You may access the Personal Information shared by You with Us, in the manner given below. You can further choose to share additional Personal Information with Us and you can modify your personal data, by writing to Us on Our below mentioned email id.
    We keep in mind that the Personal Information shared by You is accessible to You. You can write to Us at the email id specified in Clause 15.

    2.CONSENT

    .By choosing the Opt-In option on the Website and thereafter, by providing Us Your personal information or availing services of AHEL or by making use of the facilities provided by the Website, it is agreed by You that You have, freely consented to the collection, storage, processing, disclosure and transfer of Your Personal Information in accordance with the provisions of this Privacy Policy and any amendments thereof.
    .You acknowledge that You have provided Your Personal Information out of your free will and after understanding how it will be used. You also consent that the collection, storage, processing, disclosure and transfer of any Personal and privacy Information shall not cause any wrongful loss to You, if it is done in accordance with the provisions of this Privacy Policy. However, we shall not be liable for any loss that may happen to you owing to the provision of wrongful Personal Information by You.
    .We will share personal information outside of AHEL only when we have your consent. We will ask for your explicit consent to share any sensitive personal information.

    3.CONTROL OVER YOUR PERSONAL INFORMATION

    You have the right to withdraw Your consent at any point, provided such withdrawal of the consent is intimated to us in writing through an email at grievance@thecolorcodecompany.com requesting the same. If You wish to rectify the Personal Information that we may have collected to offer You personalized services and offers, as per Clause 12 of this Policy, you may write to the Grievance Officer, as mentioned under Clause 15.1 of this Policy, citing the reason for such rectification of Personal Information.
    .Once You withdraw Your Consent to share the Personal Information collected by Us, We shall have the option not to fulfil the purposes for which the said Personal Information was sought and We may restrict you from using our Services or the Website.

    4. CHANGES TO THE PRIVACY POLICY

    We reserve the right to change this Privacy Policy from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We always indicate the date when the last changes were published and we will offer access to archived versions for your review. If changes are significant, we’ll provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes).

    5.PERSONAL INFORMATION COLLECTED

    The kinds of information that We collect about You include but are not limited to the following:
    • Patient/Caregiver/Doctor/Health Care Professional Name,
    • Birth date/age,
    • Gender,
    • Address (including country and pin/postal code),
    • Phone number/mobile number,
    • Email address,
    • Physical, physiological and mental health condition, provided by You and/or your Health Care Professional,
    • Personal medical records and history,
    • Valid financial information at time of purchase of product/service and/or online payment,
    • Login ID and password,
    • User details as provided at the time of registration or thereafter,
    • Records of interaction with AHEL representatives,
    • Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used,
    • Master and transaction data and other data stored in Your user account,
    • Any other information that is willingly shared by You (collectively referred to as “Personal Information”).
    • Biometrics data
    • Genetic Data
    • Transgender Status
    • Intersex Status
    • Caste or Tribe
    • Religious or political belief or affiliation
    • Sexual orientation

    6. HOW WE COLLECT PERSONAL INFORMATION

    The methods by which we collect your Personal Information include but are not limited to the following:
    • When You fill the patient registration form,
    • When You provide details to a AHEL Health Care Professional or AHEL representative,
    • When You register on Our Website,
    • When You provide Your Personal Information to Us during course of receiving services,
    • When You use the features on Our Website,
    • When you provide access to any other website.
    • By the use of cookies (more fully detailed in Clause 9 of this Privacy Policy).

    7. USE OF PERSONAL INFORMATION

    Your Personal Information may be used or processed for various purposes including but not limited to the following:
    • To provide effective Services
    • To operate and improve the Website and/or our Services;
    • To perform studies, research and analysis for improving Our information, analysis, services and technologies; and ensuring that the content displayed are customized to Your interests and preferences;
    • To contact You via phone, SMS, WhatsApp or email for appointments, technical issues, payment reminders, deals and offers and other announcements;
    • To send promotional mailings from Us or any of Our channel partners via SMS, WhatsApp, email;
    • To advertise products and services of AHEL and third parties;
    • To transfer information about You if we are acquired by or merged with another company;
    • To share with our business partners for provision of specific services you have ordered so as to enable them to provide effective services to You;
    • To administer or otherwise carry out Our obligations in relation to any agreement You have with us;
    • To build your profile on the Website;
    • To respond to subpoenas, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims; and
    • To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our Terms of Use, breach of Our agreement with you or as otherwise required by law,
    • To aggregate Personal Information for research, statistical analysis and business intelligence purposes, and to sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates, (referred to as “Purpose(s)”)

    8. SHARING AND TRANSFERRING OF PERSONAL INFORMATION

    • Once you have freely consented to share your Personal Information with us, You authorize us to exchange, transfer, share, part with all or any of Your Personal Information, across borders and from Your country to any other countries across the world with the Cloud Service Provider and Our affiliates / agents / third party service providers / partners / banks and financial institutions or any other persons, for the Purposes specified under this Policy or as may be required by applicable law.
    • You acknowledge that some countries where we may transfer Your Personal Information may not have data protection laws that are as stringent as the laws of Your own country. You acknowledge that it is adequate that when AHEL transfers Your Personal Information to any other entity within or outside Your country of residence, AHEL will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

    9. USE OF COOKIES

    • We may store temporary or permanent ‘cookies’ on your computer. You can erase or choose to block these cookies from your computer. You can configure your computer’s browser to alert you when we attempt to send you a cookie with an option to accept or refuse the cookie. If you have turned cookies off, you may be prevented from using certain features of the Website. In the course of displaying advertisements regarding its services or optimizing services to its Users, AHEL may allow authorized third parties to place or recognize a unique cookie on the User’s browser/device. AHEL does not store personally identifiable information in the cookies. Further, AHEL does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on Your computer, collect data or solicit personal information from You, for which AHEL is not responsible or liable. AHEL encourages You to read the privacy policies of all external sites.

    10. SECURITY

    • The security of your Personal Information is important to us. We have adopted reasonable security practices and procedures including role-based access and need to know basis, password protection, encryption etc. to ensure that the Personal Information collected is secure. We restrict access to your Personal Information to Our and Our affiliates’ employees, agents, third party service providers, partners, and agencies on a need to know basis and in relation to the Purposes as specified above in this Policy.
    • While We will endeavour to take all reasonable and appropriate steps to keep secure any information which We hold about You and prevent unauthorized access, you acknowledge that the internet is not 100% secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by Us in relation to your Personal Information.

    11. THIRD PARTY REFERENCES AND LINKS

    • During Your interactions with Us, it may happen that We provide/include reference to third parties or fiduciaries, and/or links and hyperlinks of third party websites. It may also happen that you include links and hyperlinks of third party websites. The reference of such third parties or listing of such third party external sites (by You or by Us) does not imply endorsement of such party or site by AHEL. Such third parties and third party sites are governed by their own terms and conditions. We do not make any representations regarding the availability and performance of any of the third parties or third party sites. We are not responsible for the content, terms of use, privacy policies and practices of such third party websites.
    • Do-not-track requests There is no standard for how online service should respond to “Do Not Track” signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services. Therefore, we do not honour “Do Not Track” signals. As standards develop, we will revisit this issue and update this notice if our practices change.

    12. RECTIFICATION/CORRECTION OF PERSONAL INFORMATION

    • If You need to update or correct your Personal Information, you may send updates and corrections to us at grievance@apollohospitals.com we will take all reasonable efforts to incorporate the changes within a reasonable period.

    13. COMPLIANCE WITH LAWS

    • You are not allowed to use the services of the Website if any of the terms of this Privacy Policy are not in accordance with the applicable laws of your country.

    14. TERM OF STORAGE OF PERSONAL INFORMATION

    • AHEL shall store Your Personal Information at least for a period of three years from the last date of use of the Services or Website or for such period as may be required by law.

    15. GRIEVANCE OFFICER

    • We have appointed a Grievance Officer to address any concerns or grievances that You may have regarding the processing of Your Personal Information. If you have any such grievances, please write to our Grievance Officer at grievance@apollohospitals.com and Our officer will attempt to resolve Your issues in a timely manner.

    Terms and Conditions

    Online Doctor Consultation & Medicines Terms & Conditions
    Please read all of our terms and conditions before doing anything.

    General

    We, at ColorCode Health+, a company duly incorporated under the provisions of the Companies Act, 2013, having its registered office at Nizamddinpura Mau U.P 275101, India (“AHL”, “we,” “us”) provide services to all individuals accessing or using our app, ColorCode Health+ and website (www.theColorCodeComapny.com) (collectively “Platform”) for any reason (“you”, “yours”, “User”) subject to the notices, terms, and conditions set forth in these terms and conditions (“Terms and Conditions”, “Agreement”), read with the Privacy Policy available here https://www.theColorCodeComapny.com/privacy.
    The domain name www.theColorCodeComapny.com, an internet based portal and ColorCode , a mobile application is operated by AHL. AHL may assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions to any third party, as it may deem fit, and you shall continue to be bound by these Terms and Conditions in the event of such assignment, transfer or subcontracting.
    Any accessing or browsing of the Platform and using the Services (as defined in these Terms and Conditions) indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Platform.

    Eligibility

    When you use the Platform, you represent that you meet the following primary eligibility criteria:
    You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
    If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
    You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform.
    You have not been previously suspended or removed by AHL or any other ColorCode group entity or disqualified for any other reason, from availing the Services. AHL reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if AHL discovers that you are under the age of 18 years.

    Our Services

    Through the Platform, we provide you with the following services (“Services”):
    Creating and maintaining user accounts:
    Users need to register on the Platform in order to use the Platform or the Services provided through the Platform. In order to register, you have to provide certain personal details including but not limited to your name, phone number, email address, birth date, gender, etc.
    Scheduling an appointment for medical consultation:
    You can book an appointment for a medical consultation with a healthcare or wellness service provider / doctor / physician (“HSP”) listed on the Platform. Medical consultations on the Platform shall be available for family physician & multi specialties. You will receive a confirmation of appointment for a medical consultation with an HSP of your choice, on the Platform and / or via SMS and / or email and / or an online communication or messaging service. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting HSP’s discretion. Consultations can be booked, rescheduled or cancelled free of cost up to fifteen minutes prior to the start of the appointment for an audio / video / chat-based consultation (“Online Medical Consultation”) and up to thirty minutes prior to the start of the appointment for a physical visit based consultation. You are allowed to reschedule an Online Medical Consultation up to a maximum of three times for free and are allowed to reschedule a physical consultation once for free.
    Your consulting HSP reserves the right to provide a free review, post medical consultation.

    Holding medical consultations:

    You can have an Online Medical Consultation via audio call or video call or chat on the Platform with the HSP selected by you: Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice. You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the HSP shall solely be based on the verbal communication between the concerned HSP and the patient, and any test reports and other information provided/uploaded by you on the Platform. Your medical records may be viewed by the HSP on the chat facility provided on the Platform in the course of medical consultations and will remain accessible to you for a specific number of days after a particular consultation concludes, as determined by the HSP. The Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.

    Booking diagnostic tests:

    You may book an appointment for seeking the diagnostic tests and packages offered by a HSP on the Platform. You may book diagnostic test(s) and package(s) on the Platform and visit the concerned diagnostic centre / lab of the HSP or schedule the sample pickup from home by the Vender’s Receiving e-prescription from the HSP based on the medical consultation. Accessing your medical records on the Platform. Any other service that is made available on the Platform from time to time subject to the scope of services specified under Section 4 below. Your use of the Platform As an end-user and recipient of Services, when you use the Platform, you agree to the following conditions of use:

    Due diligence conditions:

    You are solely responsible for the medical, health and personal information you provide on the Platform, and you are requested to use your discretion in providing such information. The advice or the services provided by the HSP will depend upon the information you provide on the Platform. You will provide accurate and complete information everywhere on the Platform, based on which you will receive the Services. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc., as stated in our Privacy Policy (available at https://www.theColorCodeComapny.com/privacy ). Please separately review and consent to our Privacy Policy, accordingly. The information provided by you can be retained by us and can be used without revealing your identity, as per our Privacy Policy available at https://www.theColorCodeComapny.com/privacy. We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.

    Scope of Services:

    The Services availed by you from a HSP via the Platform are an arrangement between you and the HSP you select. The Platform only facilitates connections between you and the HSP and bears no responsibility for the outcome of any such medical consultation or other Services obtained by you. AHL shall not be liable for deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation error / perception error / adverse events / inefficacy of prescribed treatment or advice or investigation reports / validity of the advice or prescription or investigation reports provided by the HSP / unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post medical consultation with HSP via the Platform or post Services.
    AHL only facilitates the connections between you and the HSP established through the Platform and does not in any way facilitate, encourage, permit or require you to contact the HSP outside the Platform. Any contact between you and the HSP through the Platform, will be subject to these Terms and Conditions. If you are redirected to, or visit, any other website or app from the Platform, including for the purposes of browsing, or when the placement and / or fulfilment of an order of any product/service (or any other aspect related thereto) takes you to a different website/platform, AHL will not be responsible for products or services received or purchased by you on such other website or platform, or any aspect of your experience on such website or any representations and details provided on such website/platform concerning products/services being displayed or sold by such website/platform. In particular, you may visit or be redirected to the ColorCode Pharmacy website at https:// www.theColorCodecompany.com or the ColorCode Pharmacy Interface (within the ColorCode Health+ application) (collectively “APL Platforms”) for browsing and purchase of medicines, permitted medical devices, and other products (including all aspects concerning placement of orders and payments in relation thereto), which is powered, owned, controlled and operated solely by an independent and distinct entity - ColorCode Pharmacy Limited, a company incorporated in India (“APL”). AHL has no control whatsoever over the APL Platforms (including the information and contents displayed therein, the inventory of the products sold and the pricing thereof and the presentation/display thereof) and shall not have any responsibility or liability in respect of your experience on the APL Platforms, including products sold and delivered to you via the APL Platforms, and any customer care support you may receive in respect of such products. The entire user experience and data pertaining to your usage of the APL Platforms would be stored exclusively by APL on its own servers. By visiting the APL Platforms, you agree to and accept the terms of use of the APL Platforms. AHL would not be involved in any interaction between you and APL including any payments made by you in respect of the products purchased on the APL Platforms and all products purchased by you on the APL Platforms will be sold, packaged, dispensed, delivered, and fulfilled solely by APL. For the avoidance of doubts, it is expressly clarified that – (i) AHL is not acting as a ‘marketplace’ in so far as display, exhibition, delivery, fulfilment, purchase or sale of any products over APL Platforms is concerned; (ii) APL is not a seller on the Platform and by merely providing a re-direction link, AHL is not allowing or permitting APL to be a seller on the Platform. You also agree and acknowledge that AHL through the Platform: (i) merely provides a link to APL Platforms for the purposes of re-direction; (ii) only provides the relevant technological connectors to APL so as to help seamlessly integrate the APL Platforms with the ColorCode Health+ application so that there is as minimal experience loss to you; and (iii) merely acts as a communication link (at the behest of APL) in respect of any complaints relating to the products listed on the APL Platforms, made by you on the Platform, with the actual resolution of complaints being handled exclusively by APL. You also agree and acknowledge that AHL is not involved in, in any manner whatsoever, and does not facilitate (i) the sale of products on the APL Platforms, with AHL not being privy to the contractual relationship/arrangement as entered into between APL and you in so far as purchase/sale of products over APL Platforms is concerned (ii) the payments for products sold over APL Platforms, and that the same is facilitated solely by APL and/or any third party entities (including payment aggregators) engaged by APL for such purpose; (iii) the invoicing of products sold over the APL Platforms; and (iv) the prescription validation undertaken on the APL Platforms by APL and/or any third party entities engaged by APL for such purpose.
    You may view and access the content available on the Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You shall not modify any content on the Platform or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.

    Prohibitions

    You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Platform or any portion of it unless expressly permitted by AHL in writing.
    You may not make any commercial use of any of the information provided on the Platform.
    You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
    You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5.
    You may not contact or make any attempt to contact the concerned HSP for a consultation, follow up to a prior medical consultation or for any other reason outside the Platform via email, SMS, messaging services or any other mode of communication outside the authorized channels.
    You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by AHL.

    Prohibited Content

    You shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that: belongs to another person and which you do not own the rights to;
    is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
    is hateful, racially or ethnically objectionable, disparaging of any person;
    relates to or seems to encourage money laundering or gambling, harm minors in any way;
    infringes any patent, trademark, copyright or other proprietary rights;
    violates any law in India for the time being in force;
    deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
    communicates any information which is grossly offensive or menacing in nature; impersonates another person;
    contains software viruses and malicious programs;
    threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; 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;
    incites any offence or prevents investigation of any offence or insults any other nation;
    is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of AHL or any other ColorCode group company or affiliate who you may interact with for availing Services; and is not relating to the medical consultation or relating to any of the services you avail from us.
    You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the Platform.

    Indemnity

    You agree and undertake to indemnify and keep indemnified AHL, its affiliates and any ColorCode group companies and the concerned HSP (“Indemnified Persons”) and us for any losses, costs, charges and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of:
    deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation errors / perception error arising from:
    your failure to provide correct and / or complete clinical information / history about the patient in timely and clinically appropriate manner; or
    suppression of material facts; or your failure to provide relevant clinical information about the patient; or
    misinterpretation of the advice / prescription / diagnosis / investigation report by you; or
    failure to follow doctor’s advice / prescription by you; or
    failure to follow instructions of the HSP in respect of the Services or medical procedures prescribed by the HSP by you;
    incorrect or inaccurate credit / debit card details provided by you; or
    using a credit / debit card which is not lawfully owned by you; or
    you permitting a third party to use your password or other means to access your account.

    Limitation of Liability

    By using our Services, you confirm that you understand and agree to the following: The Services availed by you from a HSP via the Platform are provided to you by the HSP you select, and not by AHL. The limitation of liability specified in this section also applies to any services availed by you from any third party seller of services listed on the Platform. The Platform only facilitates communications between you and the HSP and as such AHL bears no responsibility for the quality and outcome of any such Services obtained by you from the respective HSP, to the extent permitted by applicable law.
    AHL itself does not provide any medical consultation or diagnostic services. If you receive any medical advice / investigation reports from a HSP you have contacted through the Platform, you are responsible for assessing such advice, and reports the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the HSP’s instructions.
    In the event that AHL markets or promotes any Services to you, please note that such Services will be provided by the relevant HSP, and you are responsible for undertaking an assessment regarding the suitability of such Services and such HSPs for your purposes. Marketing or promotion of Services should be considered as being for informational purposes only, and does not constitute expert advice on the suitability of such services for your specific healthcare needs. The Services provided through the Platform is not intended in any way to be a substitute for face to face consultation with a doctor. AHL advices the Users to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.
    To the extent permitted by applicable law, AHL or its affiliates or any ColorCode group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the Platform; (iii) your use or inability to use the AI assistant (iv) your use of any third party services including Services provided by any HSP you contacted through the Platform.
    This section shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.

    Data & Information Policy

    We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy available at https://www.theColorCodeComapny.com/privacy.

    Intellectual property and ownership

    You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Platform belong to us at all times or to those who grant us the license for their use. No use of these may be made without the prior written authorization of AHL.

    Other conditions

    Please note that your payments are processed in accordance with applicable law and you may refer to our Payment and Refunds Policy for details.

    AI Assistant

    We use an AI assistant to guide patients seeking medical help or treatment from the Platform. This AI assistant’s primary purpose is to allow users to book appointments by letting them enter their symptoms, medical conditions or treatment that they are seeking to consult with a HSP.

    You understand that:

    you should never use the AI assistant in a medical or psychiatric emergency;
    in case of an emergency, you should dial 112 or visit the emergency department at ColorCode Hospitals;
    you can use this Platform on behalf of other users (third parties) only if you are a legal guardian of such persons, meaning that you have the legal authority to care for the personal and property interests of such person; and
    no content on the Platform, is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment.
    The user may be directed to chat or call with our patient support team, in certain cases which include but are not limited to the following:
    Uncertain outcome from the AI assistant;
    Change in schedule of appointment;
    Incomplete appointment booking;

    Any other case as deemed appropriate by AHL.
    Accuracy of Information Displayed
    We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including HSPs. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.

    Third party links and resources

    Where the Platform contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites/platforms (including without limitation APL Platforms) or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

    AHL is neither guaranteeing nor making any representation with respect to the goods or services made available or sold by such third party. AHL does not provide any warranty or recommendation in relation to the products and/or services made available to you by such third parties during your access or use of such third party website/platform including in relation to delivery, services, suitability, merchantability, reliability, availability or quality of the products and/or services.

    You shall not hold AHL, its group entities, affiliates, or their respective directors, officers, employees, agents and/or vendors responsible or liable for any actions, claims, demands, losses, damages, personal injury, costs, charges and expenses which you claim to have suffered, sustained or incurred, or claim to suffer, sustain or incur, directly or indirectly, on account of your use or access of third party website/platform.

    AHL is not a party to any contractual arrangements entered into between you and the third party website/platform. We are not the agent of the third party and such third party website/platform is governed exclusively by its respective policies over which AHL has no control

    The use of such link to visit the third party website/platform implies full acceptance of these Terms and Conditions. AHL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such third party linked website, including without limitation any form of transmission received from any third party website (including without limitation APL) or its server.

    Amendments

    We may from time to time update or revise these Terms and Conditions. Every time you wish to use the Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

    Events Beyond Our Control

    We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

    Strike, lockout or other forms of protest

    Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

    Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

    Inability to use public or private transportation and telecommunication systems.

    Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination

    Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

    Termination:

    We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of this Platform.
    We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions or considered to be unethical / immoral.
    For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

    Applicable legislation and jurisdiction

    The use of our Platform shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts at Uttar Paredesh, India.

    Contact Us

    If you have any queries or grievances regarding the Online Medical Consultation or Diagnostic tests obtained by you on the Platform, please contact the relevant grievance officers as given below.

    Business Inquiry care@thecolorcodecompany.com
    ColorCode Health+ helpdesk@thecolorcodecompany.com
    ColorCode Team Support@thecolorcodecompany.com
    ColorCode Team Support@thecolorcodecompany.com
    DostonWork agent@thecolorcodecompany.com
    Grievance Team grievance@thecolorcodecompany.com

    If you have any queries or grievances regarding the Online Medical Consultation or Diagnostic tests obtained by you on the Platform, please contact the relevant helpdesk@thecolorcodecompany.com or grievance officers as given below.s

    Services, and give you the ability to access such third-party websites, products, and services. Please note that you may proceed to the use of such third party website or service at your own risk and the Company will not be held liable for any outcome or harm arising as a result of your use of such third party websites or services. Please read the privacy policies of any third party before proceeding to use their websites, products, or services.

    Changes to this Privacy Policy
    Any changes to our Privacy Policy will be posted on the Website/ App and will become effective as of the date of posting. Please review the Privacy Policy from time to time to make sure you are aware of any changes. If you do not agree with any such revised terms, Please refrain from using our Services and contact us to close any account you may have created.