TERMS OF USE

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and Rule 3(1) of Information Technology (Intermediary Guideline and Digital Media Ethic Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the https://www.phablecare.com/index.html website

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM (DEFINED HEREINAFTER) INDICATES YOUR ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. YOU DECLARE YOUR WILLINGNESS TO ABIDE AND BE BOUND BY THESE TERMS OF USE THROUGH YOUR USE OF THE PLATFORM. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE PLATFORM. THESE TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS, YOUR USE OF OUR PLATFORM BEING INDICATIVE OF SUCH ACCEPTANCE. THESE TERMS OF USE SHALL BE ENFORCEABLE AGAINST YOU IN A THE SAME MANNER AS ANY OTHER WRITTEN AGREEMENT.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT ACCESS THIS PLATFORM FOR ANY SERVICES.

1. INTRODUCTION

   • www.phablecare.com Phable (hereinafter referred to as “Phable Care”, “Phable Application”, “Website” or the “Platform”, which term includes the website, sub-domains of the website, software, mobile application(s) or any other medium through which Phable Care may provide its services) is owned and operated by M/s Terrals Technologies Pvt. Ltd., a Company incorporated under the provisions of the (Indian) Companies Act, 2013 having its registered office at No. 2734, 1st Floor, 1st Sector HSR Layout, 16th Cross, 27th Main, Bangalore-560102
   • Phable Care is an internet based service provider that provides a healthcare platform intended to be used by end users / patients to connect with doctors / physicians / hospitals. Phable Care aims to be a world-class medical Internet of Things (“IoT”) device integrator that connects smart devices to enable trained healthcare professionals to monitor patients and their health on a real-time basis based on scientifically collected and mapped data. Phable Care integrates various devices used in hospitals with consumer medical devices on a single platform. The data collected from various sources is analysed using medical algorithms which have been co-created with various leading doctors. This allows doctors to gain real-time insight on patient’s adherence to prescriptions and enables them to provide better customised care to individual patients. Patients also are able to keep track of their ailments and treatment which helps them avoid future complications. Phable Care may require patients’ personal information, including sensitive personal information for collation, mapping and analysis, however such information shall only be collected with consent from the patients/ end users themselves and shall only be shared with trusted third parties, such as doctors and hospitals, and shall not under any circumstances be sold or shared to any other third party.
   • For the purpose of this Terms of Use, wherever the context so requires, "you" or "User" or “Patient(s)” shall mean any natural or legal person above the age of 18 (eighteen) years and who has agreed to use the Platform, whether registered or not, including Users whose accounts will expire and / or stand expired. The terms "we", "us", "our" shall mean the Platform and / or Phable Care as the context may so require;This excludes any natural person that is under 18 (eighteen) years old and/or any legal person/merchants/corporates/entities that do not have Phable’s prior written consent.
   • These Terms of Use, together with the Privacy Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and Phable Care in relation to your use of the Platform
   • Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and Phable Care and governs your use of the Platform's Service, superseding any prior agreements between you and Phable Care
   • By using our Platform and the services provided through our Platform you herein represent and warrant that you are atleast 18 (eighteen) years old. Kindly refrain from using the Platforms if you are not 18 (eighteen) years old.

2. SCOPE OF SERVICE

   The Platform provides an internet based data aggregation service that collates, gathers, organizes and analyses data from different sources or devices to provide real-time feedback / overall view of a person/ User’s physiological health. The Platform provides an integrated service connecting patients to their doctors / hospitals and providing both parties real-time data in order to track treatment, behaviour and performance, thereby enabling a holistic and personally customized approach to health care management

   Patients can use the Platform to integrate data from various smart devices that monitor different parameters or different aspects of their health. Patients cannot see data or details of any other person / patient or User and can only use the Platform for personal, non-commercial usage.

   Doctors, hospitals and trained healthcare professionals can use the Platform to monitor and analyse variation in or discrepancies in different parameters of patients / Users on a real – time basis in order to better judge the effectiveness of any treatment regime and patients’ response to such treatment.

   The Platform does not provide medical advice and should not be construed as a mechanism for Patients to self-diagnose or self-medicate. The Platform only offers a service of data collection and analyses and is meant to be used by trained healthcare professionals for better management of Patient treatment regimes. The Platform and the contents thereof are not to be construed as providing any medical advise and is not a substitute for consultation with a healthcare professional.

   The Platform may collect sensitive personal information of patients/Users and share the same with persons entrusted by such patient / User to receive such information.

   The Platform uses proprietary technology, software and medical algorithms designed and created by Phable Care in consultation with several leading doctors to analyse, evaluate and assess data collected by the Platform in respect of each individual patient / User.

3. ACCESS AND TRANSMISSION OF CONTENTS OF THE PLATFORM

   • The Platform may provide generic and general information to persons who casually visit / peruse the Platform. The Platform shall only provide its services to Users that register with the Platform. Phable has the right to refuse services to any merchants/corporates/entities that do not have Phable’s prior written consent
   • Registered Users must necessarily create a personal profile in order to use the Platform. Phable Care strives to ensure the confidentiality and security of each personal profile of registered Users. The personal profile created by such Users may require certain personal information, including sensitive personal information. Phable Care does not generate or provide any information on behalf of any User. The User is wholly responsible for accuracy and correctness of the information shared or uploaded by him / her and for the creation of an accurate profile. The User shall also be responsible for ensuring that the details of all medical devices used by him / her are correctly and accurately provided to the Platform
   • Phable Care may collect, collate and organize data from different devices owned or used by the User and integrate the same into a collective document / page that may be viewed by the User as well as persons authorized by the User to have access to the integrated information / data, including doctors, hospitals or other trained healthcare professionals.
   • No person without the express consent of the User shall have access to the content, data or personal information of a User. However, demographic data in respect of Users may be shared by Phable Care with its trusted third parties, business partners, affiliates or other entities
   • Phable Care does not access your personal information. Phable Care uses proprietary software and technology to remotely analyse data and present the same in a manner easily perceptible or comprehensible to natural persons and healthcare professionals.
   • You acknowledge and agree that your personal data may be stored using cloud services or off-shore. Such data may be transmitted to secure local servers and / or to devices or individual persons who have been authorized by Phable Care or by the User to receive such information.
   • Your Use of the Content of the Platform : All the Content available for public access on this Platform is protected by copyright. Your use of the Content must therefore adhere to the following terms :

   • Any downloading of Content is unauthorised and / or prohibited unless consent is received from Phable Care to authorize such download.

     You may not modify any Content you download or print from the Platform or make any additional representations or warranty relating to it. Any attempt to make such modification shall be treated as hacking

     You may not make or share any Content item originating from the Platform available for public access by any means whatsoever without obtaining prior written permission from this Platform.

     You may forward Internet URLs (uniform resource locators) to third parties for private, non-commercial use, along with brief extracts that do not violate fair use guidelines

     If any person/entity is found crawling the website for any commercial, business or other purposes, the same shall amount to offence and Phable Care shall be entitled to take appropriate action and claim damages, if any, as against such person/entity.

     You may post, or otherwise make publicly available, excerpts from this Platform's Content items, in any publicly accessible forum, so long as they follow standard fair use guidelines and this Platform is cited alongside the excerpt as the original source with a hyperlink to this Platform

     You may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Phable Care. You may not use the Platform to compile a collection of listings, including a competing listing product or service. You may not use the Platform or any Content for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the materials or the products, services, processes or technology described therein. All such rights are retained by Phable Care, its subsidiaries, and/or any third party owner of such rights.

     You may not incorporate any portion of the software / source codes into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license Phable Care software in whole or in part. All software, services and features used in the Website / Platform are the property of Phable Care or its software suppliers and is protected by applicable copyright laws.

     Users are responsible for all information and content uploaded or published by them. You are solely responsible for personal information and acknowledge that You shall not furnish any false or misleading information. You acknowledge that in the event that you have furnished any such false information, Phable Care will have all rights to initiate appropriate legal action against you for the same, including sharing your sensitive personal information with jurisdictional or governmental authorities.

   • Feedback :

     1. You are solely responsible for the content of any transmissions you make to the platform and any materials / data / information you add to the Platform, including but not limited to transmissions like your reviews, ratings and comments posted by you (the "feedback"). Phable Care does not endorse or accept any of your feedback as representative of their (Phable Care’s) views. By transmitting any public feedback to the Website, you grant Phable Care an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such feedback, in all Platforms now known or later developed.
     2. You confirm and warrant that you have the right to grant the aforementioned rights to Phable Care. You hereby waive and grant to Phable Care all rights including intellectual property rights and also moral rights in your feedback, posted on the Platform. Phable Care is free to use all your feedback as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as feedback; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to feedback would also mean to include the reviews, ratings and comments posted by your friend's tagged by you or who respond to your feedback. Also, Phable Care reserves the right to mask or unmask your identity in respect of the feedback posted by you.

     3. Phable are has the right, but not the obligation to monitor and edit or remove any content posted by you as feedback. Phable Care cannot review all feedback made on its Platform. However, Phable Care reserves the right, but has no obligation, to monitor and edit, modify or delete any feedback (or portions thereof) which Phable Care in its sole discretion deems inappropriate, offensive or contrary to any Phable Care policy, or that violate the following terms. Phable Care reserves the right not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which :

        1. is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
        2. constitutes or contains false or misleading indications of origin or statements of fact;
        3. slanders, libels, defames, disparages, or otherwise violates the legal rights of Phable Care or any third party;
        4. causes injury of any kind to any person or entity;
        5. infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
        6. violates any applicable laws, rules, or regulations;
        7. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        8. impersonates another person or entity, or that collects or uses any information about Site visitors.
        9. It is also clarified that, if there are any issues or claims due to your feedback, then Phable Care reserves right to take appropriate legal action against you. Further, you shall indemnify and protect Phable Care against such claims or damages or any issues arising directly or indirectly due to your posting of such feedback. Phable Care takes no responsibility and assumes no liability for any content posted by you or any third party on the Platform.
   • You further acknowledge that conduct prohibited in connection with your use of the Platform includes, but is not limited to, breaching or attempting to breach the security of the Platform. You shall not under any circumstances view, download or share in any manner any personal information of any other User
4. You shall not host, display, upload modify, publish, transmit, store, update or share any information that:
   • belongs to another person and to which the user does not have any right;
   • is defamatory, obscene, pornographic, paedophilic, invasive of other privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
   • is harmful to child;
   • infringes any patent, trademark, copyright or other proprietary rights;
   • violates any law for the time being in force;
   • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
   • impersonates another person;
   • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
   • contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
   • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

5. TERMINATION

   Phable Care (as the context warrants) reserves the right to suspend or terminate services provided through the Platform and under this Terms of Use, with or without notice and to exercise any other remedy available under applicable law, in case of the occurrence of the following events:

   • You breach any terms and conditions of the this Terms of Use or contravenes applicable laws;
   • Third-party reports violation of any of its right as a result of your use of the services and the Platform.
   • If You are not a natural person of or above 18 years of age.

   Notwithstanding the above, Phable Care reserves the right to, in accordance with applicable law, remove the content published, shared, transmitted, stored or generated on the Platform by You in the event such content is found to be in violation of Clause IV above.

6. SHIPPING POLICY

   • We care for you especially when it is the matter of your health, and thus we shall try and ensure that all the products you receive from us are on time, of the best quality, and in the optimum condition. We have a Pan India coverage of couriers to accelerate the process of product delivery at your address.
   • We put our best efforts to deliver the product within 7-14 working days after it gets dispatched from the warehouse, depending upon the location of the shipment. However, under some unavoidable circumstances, your order might take longer to be delivered. Phable Care shall not be liable for any delay in the shipment or delivery of the product.

7. CANCELLATION POLICY

   • Phable Care only offers online payment options and COD (cash on delivery) is NOT an option for any services. You can contact Phable Care sales support at +91 74061 47147.
   • It is hereby clarified that, once the order is shipped, it cannot be cancelled in transit and may only be cancelled and returned once it is received by the customer on such terms and conditions as may be applicable for cancellation of the order.
   • All the rights to cancel any order without explanation are reserved with Phable Care, in case, where required circumstances could not be fulfilled. Phable Care will make sure that all the communication related to the cancellation of the order and refund of the amount will be done in a reasonable time duration.

8. EXCHANGE POLICY

   • We at Phable Care challenge ourselves continually to work for the betterment of the society where every individual enjoys good health and comfortable living. We work hard to deliver exceptionally good quality healthcare products at the most competitive price in the market.
   • If the purchased product does not meet your expectations, you can easily return it within 10 days of delivery either by calling us at +91 74061 47147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com within 24hrs of delivery.
   • Terms and conditions for return/exchange:
     Return Policy is applicable only where the product has a manufacturing defect or damage. We do not accept returns in case of wrong product selection made by the customer. Also, general reasons such as not liking the color, design, fit, etc. would not be considered for return. We suggest you go through all product specifications, images, description, fit/size, etc. before purchasing any product.
   • The product should not be damaged and must be returned with complete accessories and original packaging and invoice.
   • Shipping charges if any shall not be refundable.
   • If the product that you received is defective or damaged, please inform the company within 24 hours of delivery via email at support@phablecare.com or by calling us on customer care at +91 74061 47147. Our customer care executive may call you to know the exact condition of the product.
   • You can also choose to send back the product through courier within 48 hours after raising a return request.
   • In case, the returned product does not meet the aforementioned conditions, it will not be accepted and will be returned back to the customer at their expense and the amount will not be reimbursed.
   • Kindly ensure that the returned product is securely packaged in original packaging to avoid any damage during transportation.
   • Please note that our pick-up facility is available in selected locations only.
   • Refund Policy:
     In case of customer request for refund, it will be processed through the online payment method within 10 working days after the quality check has been done on the returned product. Refunds being processed is at the sole discretion of Phable Care and shall be initiated only if Phable Care is satisfied that the retuned product has a manufacturing defect or damage and is returned as per the terms of the return or exchange policy as mentioned hereinabove.
   • PAYMENT TERMS :
     The User shall make the payments to avail the Services or to make purchases through the Platform through the third-party payment gateway made available on the Platform. Phable Care shall have no role to play in case of any dispute related to payments/refunds. It is expected that the User shall contact the third-party payment gateway and/or the bank for any payment related issues. The collection and usage of payment related information is governed by the policies of the payment gateway provider.

9. PRIVACY POLICY

   • DO NOT SEND US OR UPLOAD ANY CONFIDENTIAL OR PROPRIETARY INFORMATION.
   • Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any service, feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
   • Phable Care is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its members, Users, clients, business partners and other users of the Website. To read our privacy policy statement, please refer to the Privacy Policy. Phable Care tries to ensure that sensitive personal information of Users is not shared with any third party, except for persons authorized by the User to receive such information.

10. DISCLAIMER OF WARRANTIES

    • Your use of this Platform is at your own risk. This Platform is provided by Phable Care on an "as is" and "as available" basis. To the full extent permissible by applicable law, the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of accuracy, precision and correctness of information collected or provided by the Platform.

    • This Platform, makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products on the Platform, including that:

      1. This Platform and its services will meet your requirements.
      2. This Platform will be uninterrupted, timely, and secure or error free.
      3. The quality of any products, services, information or other material purchased or obtained by you though this Platform will meet your expectations, be reliable or accurate, and
      4. Errors in the software will be corrected within reasonable time.
         1. Your sole remedy for dissatisfaction with this Platform, site-related services and/or Content or information contained within the site is to stop using the site and/or its services.
         2. Any material downloaded or otherwise obtained through the use of this Platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the do.

    • LIMITATION OF LIABILITY:

      1. In no event shall Phable Care be liable to any User on account of such User's use, misuse or reliance on the Platform for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Phable Care is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Platform, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. Phable Care does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.
      2. The User of the Platform assumes all responsibility and risk for the Use of this Platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
      3. Phable Care cannot authenticate or verify any of the data collected from any device owned or used by any User. Phable Care shall bear no liability whatsoever for any misinformation or inaccurate information provided by any device owned or used by any User, whether or not such information is relied upon by Phable Care and / or any healthcare professional. Phable Care shall not in any way be liable for any defect, flaw or deficiency in the device owned or used by any User or the data generated by such device.
      4. Notwithstanding anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Phable to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising under this Agreement, in the aggregate, shall not exceed the amount of payment/fee against services and/or products that has been directly received by Phable from the User for the order out of which the claim arose.
      5. Also note that, for users opting for the Pay Later option during booking a consultation, the fees shown on app is indicative and might vary depending upon the consultation duration and procedure opted, if any.

    • ADVERTISEMENTS

    • Phable Care reserves the right to advertise on the Platforms but does not endorse any services, persons or products as advertised. Users are advised to use their discretion with respect to the advertisements and should read all the terms and conditions relating to the product as provided by the manufacturer of the product before making such purchase through the Platform.
    • By using the Platform and/or registering yourself on the Platform you authorize us to contact you via email or phone call, Whatsapp or SMS and offer you our services, imparting product knowledge, offer promotional offers running on the Platform & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Phable for the above-mentioned purposes till 365 days of your registration with Phable

    • INDEMNITY

      • You agree to indemnify, defend and hold Phable Care harmless from all claims, damages and expenses (including attorney's fees) made by any third party arising out of content / feedback generated by you, your use of this Platform, your connection to this Platform, your violation of this Agreement, our Terms of Use or our Privacy Policy, and the development, operation, maintenance, use and Contents of your website

      • You hereby agree to indemnify, defend and hold harmless Phable Care, , licensee, subsidiaries, successors, assigns and their respective office affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:

        1. Any violation by you of these Terms of Use.
        2. Any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Phable Care;
        3. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Phable Care and its affiliates, officers, agents, directors, shareholders and employees from any claim, suit or action arising from or related to the use of the services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
        4. Notwithstanding anything contrary contained elsewhere under this Terms of Use and without prejudice to other legal remedies available, Phable Care shall be entitled to claim appropriate sum towards damages and compensation from you and other responsible parties in case loss of profit due to fraud.

    • MISCELLANEOUS

      • Third Party Services :
        1. While using the Website / Platform, you may also be using the services of one or more third parties, such as wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, Conditions of Use, Service Terms and fees of these third parties.
        2. You shall be solely responsible for your mode of accessing the Website and such access may involve third party fees including airtime charges or internet service provider(s)’ charges, etc., which shall be exclusively borne by you.
      • Change in terms of Use :

        This Platform reserves the right to update, change, modify, add or remove the terms, conditions and notices of the Agreement without any prior notice to you. It is your responsibility to periodically review the most current version of the Agreement as your continued use of this Platform signifies your acceptance of any changed terms. As long as you comply with these Terms & conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

      • Monitoring of Materials Transmitted By You : Changes may be periodically incorporated into the Platform. Phable Care may make improvements and/or changes in the products, services and/or programs described in the Platform without any prior notice. We are under no obligation to monitor the material hosted or published on or transmitted to the Platform. However, anyone using the Platform agrees that Phable Care may monitor the Platform’s contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platforms properly or to protect itself and its users. Phable Care reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

      • Deletions from Service Phable Care may delete any materials or content at the request of the user who submitted such material or content or at the request of a retailer / manufacturer / owner who has decided to ‘opt-out’ of the addition of materials or content to its advertising, including, but not limited to ratings and reviews provided by third parties. Phable Care reserves the right to delete (or to refuse to post to public forums) any material, information or content it deems detrimental to the system or is, or which may be, in the opinion of Phable Care, defamatory, infringing or violate of applicable law. Materials submitted to the Website for publication may be edited for length, clarity and/or consistency with Phable Care's editorial standards

      • Notices All notices, demands and other communications between you and Phable Care must be in writing and will be deemed to have been given (a) if mailed by registered post (b) if delivered by courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified below.

        No. 2734, 1st Floor, 1st Sector HSR Layout, 16th Cross, 27th Main, Bangalore-560102 Email – support@phablecare.com

      • Severability : Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

      • False Information : If at any point of time, Phable Care finds that the information provided by you in your registration or web mail is false, Phable Care reserves the right to terminate your account and remove all or any content previously posted by you. You hereby agree to: (a) provide true, accurate and complete information about yourself to Phable Care / the Platform; and (b) maintain and promptly update the details or information to keep it true, accurate, current and complete.

      • Dispute Resolution :

        1. If any dispute, controversy or claim arises out of, or in relation to, or in connection with this Agreement or its termination or validity, the parties shall attempt to mutually resolve the same through mediation.
        2. However, if the parties fail to resolve the above dispute within a period of 30 days, the same shall be referred to binding Arbitration under the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
        3. The arbitration shall be conducted by a sole arbitrator, to be appointed exclusively by Phable Care. The place of arbitration shall be Bangalore, India and the arbitral proceedings shall be conducted in English.
        4. The award of the arbitrator shall be final, conclusive and binding upon the parties
           1. Entire Agreement : These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms.
           2. Force Majeure: Phable Care shall not liable for any losses, and/or breaches caused under this Agreement due to occurrence of any force majeure event. Force Majeure Event shall mean an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, failures of Phable Care’s hosting provider, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks, pandemic and its impact and wars);

      • Lucky Draw : Lucky draw is only applicable for selected order/offerings. Only delivered orders will be considered for a lucky draw. Rewards will be shared via an email within 48 hrs of the announcement of the winner. We reserve the right to amend these terms and conditions from time to time without further notice. Any such amendments we make shall be effective once we post a revised version of these Terms and Conditions on the Website/App. It is your responsibility to review Terms and Conditions regularly. Winner selection will be as per company's discretion Free gift for the offer will be as per company's discretion

    • PHABLE PLUS
      USER/ SUBSCIBER TERMS AND CONDITIONS : For the purposes of the following terms and conditions (“Phable Plus Terms”), the service provided to You (as defined below) is the facilitation of delivery of medicines and essentials, doctor consultation and lab tests, as detailed hereinafter, and other benefits that Phable Care may offer, as a part of DocPlus, Lab Plus, Medicine Plus and Essential Plus (“Phable Plus Plan/(s)”)(defined in clause iii (e) of these Phable Plus Terms) subscriptions provided through the Platform.
      I. NATURE AND APPLICABILITY OF TERMS :

      Please go through these Phable Plus Terms carefully before you decide to avail the Phable Plus Plans facilitated by Phable Care on its Platform. The Phable Plus Terms set out herein are in addition to the Phable Care Terms and Conditions (available at https://www.phablecare.com/terms-and-conditions) read with the Privacy Policy (available at https://www.phablecare.com/privacy-policy), (the Terms and Conditions and Privacy Policy are together referred to as “Standard Policies”) and together they constitute a legal agreement between You and Phable. The Standard Policies and the Phable Care Health Plan Terms are to be read in connection with Your visit to the Platform and Your use of the Phable Plus Plan respectively. To the extent of any inconsistency between the Standard Policies and the Phable Plus Terms herein, the Phable Care Plus Terms herein shall prevail over the Standard Policies to the extent of the inconsistency.

      These Phable Care Health Plan Terms apply to any persons who are subscribers to Phable Plus or subscribers on behalf or for the benefit of a particular person. The User (defined hereinafter) is required to be registered on the Platform and should have subscribed to the Phable Plus Plans. The User is hereinafter referred to as the “You” / “Your” / “User”. As a part of availing the Phable Plus Plans, You may choose different packages available pursuant to the Phable Plus Plan which best suits Your needs as per the plan details set out in Your Phable Care Application/ Platform or in these Terms (“Plan Details”). The User-specific details will be visible to You on Your purchased plan page (“Plan Page”) hosted on Your Phable Care Application/Platform.

      If you have any questions about any part of these Phable Plus Terms, feel free to contact us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.

      By availing the Phable Plus Plan, you signify your acceptance of the terms of the Standard Policies and these Phable Care Health Plan Terms.

      We reserve the right to modify or terminate any portion of these Phable Plus Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these Phable Plus Terms and the Standard Policies at regular intervals. Your continued availing of the Phable Plus Plans following any such modification constitutes your agreement to follow and be bound by these Terms and the Standard Policies so modified.

      You acknowledge that you will be bound by these Phable Plus Terms specifically for availing any of the Phable Plus Plans. If you do not agree with any part of these Phable Plus Terms and/or the Standard Policies, please do not use the Platform or avail the Phable Plus Plan.

      Your access and use of the Health Plus Plan will be solely at the discretion of Phable Care.

      II. CONDITIONS OF USE : You must be eighteen (18) years of age or older to register on the Platform to avail the Phable Plus Plans and You shall have the right, authority and capacity to use the Platform to avail the Phable Plus Plans and agree to and abide by these Terms.

      III. TERMS OF THE PHABLE PLUS PLAN :

      • a. terms: The Phable Plus Plan subscribed to by You will be valid for the period as per the Plan Details commencing from the date of subscription of the Phable Plus Plan (“Term”). After the expiry of the Term, You may choose a different Plan as per the Plan Details and subscribe thereto or renew Your existing subscription, on such terms that are valid and subsisting as on date of subscription or renewal. The benefits under the Phable Plus Plan cannot be carried forward after the expiry of the Term.
      • b. Registration: The User is a registered user on the Platform and has subscribed to the Phable Plus Plans on the Platform by paying the applicable fees as per the Plan Details. You could avail the Plan solely for Yourself.
      • c. Information: As a part of the registration process for Phable Plus Plan, You will fill in certain personal information and details in order to create a medical history and profile as when requested on the application. The information shared by You will be dealt with in accordance with the Standard Policies.
      • d. Phable Plus Plan details: As a part of Phable Plus Plan, You are entitled to benefits that are set out in the Plan Details or Phable Plus Plans defined in clause iii (e).
      • e. Phable Plus Plans: After subscribing to the Phable Plus Plan, You may be eligible to avail the benefits covered under the Phable Plus Plans as under:

      i. DocPlus: a) The DocPlus subscription can only be used for booking doctor consultations. b) The subscription is valid for a period of 6 months from the date of purchase. c) As a DocPlus member, Users are entitled to get a Flat 50% discount on the first 12 consultations and 35% discount on all consultations booked thereafter. d) A cashback of 5% would be credited to your Phable wallet upon the successful booking of all doctor consultations.

      ii. Medicine Plus: a) The Medicine Plus membership can only be used for prescription medicines. b) The subscription is valid for a period of 3 months from the date of purchase or for 6 orders, whichever is earlier. c) As a Medicine Plus member, customers are entitled to get a Flat 35% discount on prescribed medicines + ₹50 in Phable wallet on all 6 orders. d) The Medicine subscription is only valid for medicine purchases.

      iii. Lab Plus: a) The Labs Plus membership shall only apply to the test groups and tests as listed under the “All tests” tab. b) The subscription is valid for a period of 6 months from the date of purchase or for 6 orders, whichever is earlier. c) As a subscriber, customers are entitled to get a Flat 35% discount on tests + 5% of order value as cashback on all 6 orders. d) The subscription is only valid for tests listed under “All Tests” purchase.

      iv. Essentials Plus: (Name approval needed) a) The Essentials Plus membership is valid for a period of 3 months from the date of purchase or for 6 orders, whichever is earlier. The User shall at his sole discretion, may subscribe to any one of the Phable Plus plans or all of the Phable Plus Plans.

      • f. Payment for Phable Plus Plans: You will make the payment to Phable Care at the time of subscribing to the Phable Plus Plan, at the rates set out in the Plan Details. Phable reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, with respect to any product, anytime in the future.
      • g. Phable Plus Plan Cancellation by User and Refund: You are not entitled to cancel Your subscription until the completion the Term specified under the Specific Phable Plus Plan. The User shall not be entitled to any refund with respect to the Phable Plus Plan.
      • h. Cancellation of Subscription or Phable Plus Plan by Phable: Phable may cancel Your membership at its sole discretion without notice. If we do so, we may issue a prorated refund based on the number of full orders remaining in your membership. However, we will not give any refund for cancellation of membership related to conduct that we determine, at our discretion, violates these Terms or any applicable law, involves fraud or misuse of the membership or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
      • i. Alteration in the Phable Plus Plans: To provide You the best possible experience, We are constantly evolving. Hence, you acknowledge and agree that Phable may require affecting certain changes in it, therefore, Phable reserves the right to suspend/cancel, or discontinue any or all products at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the app without any prior notice.

PHABLE CASH - USER TERMS AND CONDITIONS

The following terms and conditions (“Phable Cash Terms”) as detailed hereinafter, shall govern the usage of Phable cash/cashback (“Phable Cash”) on the Platform by the user (hereinafter referred to as the “You” / “Your” / “User”).

1. NATURE AND APPLICABILITY OF TERMS
   
   Please go through these Phable Cash Terms carefully before You decide to avail the use of Phable Cash/ on the Platform. The Phable Cash Terms set out herein are in addition to the Phable Care Terms and Conditions (available at [https://www.phablecare.com/terms-and-conditions] ) read with the Privacy Policy (available at [https://www.phablecare.com/privacy-policy]), (the Terms and Conditions and Privacy Policy are together referred to as “Standard Policies”) and together they constitute a legal agreement between You and Phable. The Standard Policies and the Phable Cash Terms are to be read in connection with Your visit to the Platform and Your use of the Phable Cash respectively. To the extent of any inconsistency between the Standard Policies and the Phable Cash Terms herein, the Phable Cash Terms herein shall prevail over the Standard Policies to the extent of the inconsistency.
   These Phable Cash Terms apply to any person who usesuse Phable Cash on the Platform. The User is to be registered on the Platform to use Phable Cash provided on the Platform.
   
   If You have any questions about any part of these Phable Cash Terms, feel free to contact us either by calling us at +91 [7406-147-147] (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.
   
   By using Phable Cash, You signify Your acceptance of the terms of the Standard Policies and these Phable Cash Terms.
   
   We reserve the right to modify or terminate any portion of these Phable Cash Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these Phable Cash Terms and the Standard Policies at regular intervals. Your continued availing serviced following any such modification constitutes Your agreement to follow and be bound by these Terms and the Standard Policies so modified.
   
   You acknowledge that You will be bound by these Phable Cash Terms specifically for usage of Phable Cash. If You do not agree with any part of these Phable Cash Terms and/or the Standard Policies, please do not use the Platform or avail the Phable Cash .
   
   Your access and use of the services will be solely at the discretion of Phable.
2. CONDITIONS OF USE- Doctor Consultations



You must be eighteen (18) years of age or older to register on the Platform for availing the services and You shall have the right, authority and capacity to use the Platform for availing the service and agree to and abide by these Terms.

3. Other Terms and Conditions



The User can use the Phable Cash for making payments for purchase of service and products on the platform.
The User can use the Phable Cash either by refilling the Phable wallet or by using the promotional Phable Cash provided by the Platform.

4. Payment Using Phable Cash
   
   Online Customers:

   The Phable Cash offered through cashbacks can be redeemed for making payments towards various products or services offered for sale by relevant third party service providers the following manner:

   • The User shall be allowed to use the Phable Cash provided on the Platform for any category.
   • The Phable Cash shall be used by the User within two months of the date of remittance of the cash to the User’s wallet.
   • The User shall only be allowed to use the following percentage of the Phable Cash while making payments for the purchase of products or services under the following categories:
     1. Health and Wellness Products - Only 10% of the Phable Cash can be used at the time of purchase of health and wellness products, subject to a maximum redemption of INR 50 Phable Cash per order. Each User shall be allowed place up to 6 health and wellness product orders in a month, collectively amounting to INR 10000 and shall not be allowed to order more than 5 units of the same product in one order.
     2. Diagnostic services/Labs- Only 10% of the Phable Cash can be used at the time purchase of lab tests, subject to a maximum redemption of INR 75 Phable Cash per order.
     3. Pharmaceutical Products- Only 10% of the Phable Cash can be used at the time purchase, subject to a maximum redemption of INR 75 Phable Cash per order. Each User shall be allowed to place up to 8 pharmaceutical product orders in a month, collectively amounting to INR 8000 and shall not be allowed to order more than 5 units of the same product in one order.
     4. Medical Devices- Only 10% of the Phable Cash can be used at the time of purchase of medical devices, subject to a maximum redemption of INR 75 Phable Cash per order. Each User shall be allowed place up to 8 medical device orders in a month, collectively amounting to INR 30000 and shall not be allowed to order more than 5 units of the same product in one order.
     5. Health Programs- Only 10% of the Phable Cash can be used at the time purchase of health programs, subject to a maximum redemption of INR 400 Phable Cash per order.
     6. Doctor Consultations- Only 5% of the Phable Cash can be used at the time of purchase of doctor consultations, subject to a maximum redemption of INR 50 Phable Cash per order.
   
   Offline Customers:

   The Phable Cash offered through cashbacks can be redeemed for making payments towards various products or services offered for sale by relevant third party service providers in the following manner:

   • The User shall be allowed to use the Phable Cash on the Platform for any category.
   • The Phable Cash shall be used by the User within two months of the date of remittance of the cash to the User’s wallet.
   • The User shall only be allowed to use the following percentage of the Phable Cash while making payments for the purchase of products or services under the following categories:
     1. Health and Wellness Products - Only 5% of the Phable Cash can be used at the time purchase health and wellness products, subject to a maximum redemption of INR 25 Phable Cash per order. Each User shall be allowed place up to 6 health and wellness product orders in a month, collectively amounting to INR 10000 and shall not be allowed to order more than 5 units of the same product in one order.
     2. Diagnostic services/Labs - Only 5% of the Phable Cash can be used at the time purchase of lab tests, subject to a maximum redemption of INR 50 Phable Cash per order.
     3. Pharmaceutical Products - Only 5% of the Phable Cash can be used at the time purchase,subject to a maximum redemption of INR 50 Phable Cash per order.Each User shall be allowed to place up to 8 pharmaceutical product orders in a month, collectively amounting to INR 8000 and shall not be allowed to order more than 5 units of the same product in one order.
     4. Medical Devices - Only 5% of the Phable Cash can be used at the time of purchase of medical devices, subject to a maximum redemption of INR 50 Phable Cash per order. Each User shall be allowed place up to 8 medical device orders in a month, collectively amounting to INR 30000 and shall not be allowed to order more than 5 units of the same product in one order.
     5. Health Programs - Only 5% of the Phable Cash can be used at the time purchase of health programs, subject to a maximum redemption of INR 200 Phable Cash per order.
     6. Doctor Consultations - Only 5% of the Phable Cash can be used at the time purchase of doctor consultations, subject to a maximum redemption of INR 5 Phable Cash per order.


5. Cancellation and Refund



In the event any of the services/products are cancelled or returned by the User and a refund is initiated, the Phable Cash used for purchase shall not be debited to the User account upon cancellation of service or return of product.

Doctor Consultations

For the purposes of the following terms and conditions (“Phable Care Consultation Terms”), the service provided to You (as defined below) is the facilitation of consultancies, as detailed hereinafter, with the practitioners, (healthcare providers including all its doctors and healthcare providers ) and other benefits that Phable Care may offer in the future, as a part of the Consultation with practitioners onboarded on the platform (“Consultation Service”). Phable Care operates and facilitates the Consultation Service provided through the Platform .

• NATURE AND APPLICABILITY OF TERMS

Please go through these Phable Care Consultation Terms carefully before you decide to book an consultation facilitated by Phable Care on its Platform. The Phable Care Consultation Terms set out herein are in addition to the Phable Care Terms and Conditions (available at https://www.phablecare.com/terms-and-conditions) read with the Privacy Policy (available at https://www.phablecare.com/privacy-policy), (the Terms and Conditions and Privacy Policy are together referred as “Standard Policies”) and together they constitute a legal agreement between You and Phable. The Standard Policies and the Phable Care Consultation Terms are to be read in connection with Your visit to the Platform and Your use of the Consultation Service respectively. To the extent of any inconsistency between the Standard Policies and the Phable Care Consultation Terms herein, the Phable Care Consultation Terms herein shall prevail over the Standard Policies to the extent of the inconsistency. These Phable Care Consultation Terms apply to any person who avails Consultation service on behalf or for the benefit of a patient. The User is required to be registered on the Platform and should have availed Consultation Service. The User is hereinafter referred to as the “You” / “Your” / “User” . As a part of availing the Consultation Service. If you have any questions about any part of these Phable Consultation Terms, feel free to contact us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com. By booking the consultation, you signify your acceptance of the terms of the Standard Policies and these Phable Care Consultation Terms. We reserve the right to modify or terminate any portion of these Phable Consultation Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these Phable Consultation Terms and the Standard Policies at regular intervals. Your continued availing of Phable Consultation Plans following any such modification constitutes your agreement to follow and be bound by these Terms and the Standard Policies so modified. You acknowledge that you will be bound by these Phable Consultation Terms specifically for booking any consultation through the Platform. If you do not agree with any part of these Phable Consultation Terms and/or the Standard Policies, please do not use the Platform or avail the Consultation Service. Your access and use of the Consultation Service will be solely at the discretion of Phable.

• CONDITIONS OF USE- Doctor Consultations

You must be eighteen (18) years of age or older to register on the Platform to avail the Consultation Service and You shall have the right, authority and capacity to use the Platform for availing the Consultation Service and agree to and abide by these Terms.

• APPOINTMENTS - Doctor Consultations

Phable will ensure that Users are provided appointments on the booking of online and in-person consultations. However, if such an appointment is later cancelled by the Practitioner, or the same Doctor is not available for appointment, Phable bears no liability. The results of the search that Users perform on the app for Doctors should not be construed as an endorsement of any such particular Doctor. If the User decides to engage with a Doctor to seek medical services, the User shall be doing so at his/her own risk. The User shall show up to the in-person consultation once the consultation is booked with the concerned practitioner.

Users opting for pay later consultation, understand and agree that the fees displayed on the application is indicative and might vary depending upon the consultation duration and procedure opted, if any.

• DISCLAIMERS- Doctor Consultations

Phable is not involved in providing any medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Phable will not be liable for:

• User interactions and associated issues User has with the Practitioner;
• any wrong medication or quality of treatment being given by the Practitioner (s), or any medical negligence on part of the Practitioner (s);
• the ability or intent of the Practitioner or the lack of it, in fulfilling their obligations towards Users;
• inappropriate treatment, or difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;
• any misconduct or inappropriate behaviour by the Doctor or the Doctor’s staff;
• cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged (in-person consultations which are not paid)
• CANCELATION POLICY - Doctor Consultations

If the User wishes to cancel a video appointment, a cancellation fee of Rs 50 would be deducted and the remaining amount would be issued as refund.

• REFUND POLICY- Doctor Consultations

In case the patient does not show up at the clinic for the paid booked consultation, the refund decision is at Phable’s discretion, and the same will be communicated after discussing with the concerned doctor.

In cases where the doctor with whom the user had booked an appointment is not able to meet the user and complete the consultation, the user has to call the customer support either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com and raise a refund request within 5 (five) days from the date of booking. Once the instance is confirmed, full refund would be initiated.

Medicines

For the purposes of the following terms and conditions (“Phable Care Pharmacy Terms”), the service provided to the user is (hereinafter referred to as the “You” / “Your” / “User”) the facilitation of purchase of drugs and other pharmaceutical products, and services offered for sale by third-party pharmacies/companies (“Pharmaceutical Goods and Services”), as detailed hereinafter. Phable Care operates and facilitates the sale and purchase of the Pharmaceutical Goods and Services through the Platform.

• NATURE AND APPLICABILITY OF TERMS- Medicines

Please go through these Phable Care Pharmacy Terms carefully before you decide to avail the Pharmaceutical Goods and Services on the Platform. The Phable Care Pharmacy Terms set out herein are in addition to the Phable Care Terms and Conditions (available at https://www.phablecare.com/terms-and-conditions ) read with the Privacy Policy (available at https://www.phablecare.com/privacy-policy ), (the Terms and Conditions and Privacy Policy are together referred to as “Standard Policies”) and together they constitute a binding legal agreement between You and Phable. The Standard Policies and the Phable Care Pharmacy Terms are to be read in connection with Your visit to the Platform and Your use of the Pharmaceutical Goods and Services. To the extent of any inconsistency between the Standard Policies and the Phable Care Pharmacy Terms herein, the Phable Care Pharmacy Terms shall prevail over the Standard Policies to the extent of the inconsistency. Unless otherwise expressly stated, all defined terms in this Phable Care Devices Terms shall have the same meanings as in the Standard Polices.

If you have any questions about any part of these Phable Care Pharmacy Terms, feel free to contact us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com

By availing the Phable Care Pharmacy Terms, you signify your acceptance of the terms of the Standard Policies and these Phable Care Pharmacy Terms.

We reserve the right to modify or terminate any portion of these Phable Care Pharmacy Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these Phable Care Pharmacy Terms and the Standard Policies at regular intervals. Your continued availing of Phable Care Pharmacy Terms following any such modification constitutes your agreement to follow and be bound by these Terms and the Standard Policies so modified.

You acknowledge that you will be bound by these Phable Care Pharmacy Terms specifically for availing any of the Pharmaceutical Goods and Services. If you do not agree with any part of these Phable Care Pharmacy Terms and/or the Standard Policies, please do not use the Platform or avail Pharmaceutical Goods and Services.

Your access and use of the Pharmaceutical Goods and Services will be solely at the discretion of Phable Care .

User adds to the cart, the Pharmaceutical Goods he/she is interested in ordering, through the Platform, by logging in through the Phable Care user id, uploads the prescription for ordering the medicine, specifies the delivery location and places the order. The pharmacy receives the request and prescription by the Platform. The pharmacy then verifies the order placed and the prescription uploaded, upon there being a stock, starts processing the order once indicated to Phable Care by pharmacy, Phable Care may inform the customer about the availability of the medicine or whether the medicine can be delivered to the particular location within the time slot requested.

We understand that You are over eighteen (18) years of age and are accessing this feature on the Platform, after having read the Phable Care Terms and Conditions . We are not liable in case, You have shared Your login id and password and a third-party is placing an order on behalf of You. You shall be solely liable for all the mishaps caused from the usage of Your account.

If You are the parent/legal guardian/authorised person for the patient disclosed herein, You affirm that You are over the age of majority, and have full authority to sign for and provide the above representations to the pharmacy/ Phable and/or its affiliates on the Patient's behalf.

On our app a Caregiver can order prescription medicines on Your behalf. Phable requires either You or Your nurse/caretaker (“Caregiver”) to confirm he/she is completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is imperative to seek professional advice from Your physician before purchasing or consuming any medicine from Phable.

• Availability of Medication only upon providing Prescription

The Platform, takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of prescription medications. By placing the order for Your prescription medicines, You acknowledge and accept the following terms regarding the purchase of any prescription medicines.

Phable Care or the Pharmacy will not dispense any prescription medication without a valid prescription from a licensed physician. Also, before You can choose the low-cost generic option/generic option in the app, please ask Your doctor to add the generic drug to Your prescription or list the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of generic option or salt name of the prescription medicines, the concerned third-party pharmacy would not dispense a substitute drug in place of the prescription medication.

Phable Care may, at its discretion, share Your prescription and other pertinent information with a third-party network of certified medical doctors.

If You are ordering prescription medication(s), You hereby confirm that You will send us a scanned copy of Your valid prescription(s) and this prescription shall then be subject to the scrutiny of and approval by our qualified pharmacists/ third-party pharmacies. In the event that our qualified pharmacists/ third-party pharmacies observe any discrepancy in the prescription uploaded by You, they shall cancel the order immediately.

If You are ordering prescription medication(s), You may also be required to make the original prescription available at the time of receipt of delivery of prescription drugs. You shall allow the delivery agent to stamp the original prescription at the time of medicine delivery failing which, medicines will not be delivered.

In case the prescription(s) provided by You is rejected for any reason after screening, You will have the option of consultation via telemedicine with a qualified doctor arranged by us. You are aware of the potential risks, consequences, and benefits of teleconsultation.

If You do not understand any of the information provided in the prescription, please verify it with the doctor or the pharmacist. Please stop further use of the prescribed medicines in case of any adverse reaction / side effects and immediately visit the nearest registered medical practitioner for an in-person consultation.

The drug information provided is for informative purposes only and this Platform is not intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to You as a result of Your reliance on the information in the Platform.

By Your use of the services, You acknowledge that such use is at Your sole risk, including responsibility for all costs associated with all necessary servicing or repairs of any equipment You use in connection with these services.

As partial consideration for Your access to our services and use of the content, You agree that Phable Care is not liable to You in any manner whatsoever for decisions You may make or Your actions or non-actions in reliance upon the content.

• Price and Payment- Medicines

There are options of ‘cash on delivery’ and ‘payment by card’ on delivery. We may, occasionally, add discounts/ cashbacks, but this may change from time to time. The discounts/cashbacks added can be redeemed for various goods/ services offered for sale by relevant third-party pharmacies on Phable.

All our product prices include all applicable statutory taxes, fees and subject to availability.

We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after You have submitted Your order, and to change or update any other information at any time without prior notice.

Please note that delivery times are estimates only and are not guaranteed, due to circumstances out of our control.

You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery.

Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.

• Terms of Sale- Medicines

Phable Care may accept or decline any order placed by a Customer in its absolute discretion without liability to You.

We reserve the right, without prior notice, to limit the order quantity of any medicine/such other products.

We acknowledge and You agree that You have fully and accurately disclosed Your personal information and personal health information and consent to its use by the third-party pharmacy, Phable Care and/or its affiliates. You confirm that You have had a physical examination by a physician and do not require a physical examination.

You understand that all products shall be sold & dispensed by a registered pharmacist.

If You are the patient/parent/authorised person on behalf of the patient, You authorise and appoint the third-party pharmacy/ Phable Care and/or its affiliates, as Your attorney and agent, to take all steps, sign all documents and to act on Your behalf as if You were personally present and acting for Yourself for the limited purposes of (a) obtaining a valid prescription for any prescription which You have sent the pharmacy; and (b) packaging Your prescriptions and delivering them to You.

By making a purchase through our Platform, You hereby authorise third-party Pharmacy/ Phable Care and/or its affiliates to ship the order by post/courier to Your designated location. This authorisation shall include, but not be limited to: collecting and using Your personal and personal health information as reasonably necessary for the fulfillment of Your order.

Your information, i.e. prescription when uploaded while placing an order for medicines, shall be made available to third-party pharmacies for the purpose of sourcing the medicine and having it delivered to You.

Phable Care reserves the right to set quantity-per-order limits on any and all items sold on these the app. Phable Care may also limit the item quantity available to any single User. These restrictions may be applied to orders using the same credit card or billing or shipping address.

Phable Care is an e-Commerce platform, we only provide technology to ensure that You can order medicines and the same can be delivered to You. Should there be any issues with regard to the same then Phable shall not be liable because Phable Care is neither the manufacturer nor the pharmacist selling the same. We are not the manufacturers of the medicines and all the orders are merely routed for delivery by us through our representatives or agents and we shall not be liable for any mishaps.

A substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.

• Use of Information on the app/website- Medicines

The information provided on the app/website or through our services is intended for informational purposes only, and is not intended to diagnose, treat, cure or prevent any disease.

We do not endorse any views or opinions that may be included in the app/website content, or other information provided through our app/website. Your submission of questions or reviews on our Pharmaceutical Goods and Service does not constitute a professional relationship between You and Phable.

We provide links to third-party websites, our online payment service partners, which process Your Net Banking and Credit/Debit Card payments, respectively.

• Disclaimer- Medicines

We provide content on our app, but they do not, contain information about all medical conditions and not all information could be applicable to Your personal circumstances. The content is not intended for diagnosis and should not be used as a substitute for consultation with Your physician. We do not warrant content to be accurate, complete or current. Phable Care is a distributor of such content and not its publisher. Our third-party suppliers may express certain opinions or provide certain information and offers. The content we make available, whether it is about the products/services, have been provided on an “as is” and “as available” basis without warranty of any kind, whether express, implied or statutory. Phable Care makes no warranties as to the completeness, accuracy, timeliness, or reliability of information or offers supplied by third parties and published by Us on the Platform. Phable Care does not guarantee or warrant the performance of any third-party, including any such third-party's conformance to any law, rule, regulation or policy. To the full extent not precluded by applicable law, we disclaim and exclude all warranties with respect to all services, information and/or products contained on these services, or linked hereto (collectively throughout, “content”), express, implied or statutory.

The commercial/contractual terms include without limitation - price, shipping costs, payment methods, payment terms, date, the period and mode of delivery, warranties related to the goods and services offered for sale by the third-party pharmacies, and after-sales services related to such goods and services are as provided by the third-party pharmacies. We do not exercise any control over, and do not determine or advise or in any way involve ourselves in the offering or acceptance of, such commercial / contractual terms offered by and agreed to, between You and the third-party pharmacies.

All items listed on the app by the third-party pharmacies, are third-party products. We have no control over such third-party goods and services. The authenticity and genuineness of the goods and services made available by the third-party pharmacies through the Platform shall be the sole responsibility of the third-party pharmacies. You understand and agree that we shall have no liability with respect to the authenticity of the pharmaceutical goods and services being facilitated through the application.

The third-party pharmacies are solely responsible for ensuring that the Pharmaceutical Goods and Services offered for sale are kept in stock for the successful fulfillment of orders received. Consequently, Phable Care is not responsible if the third-party pharmacies do not satisfy the contract for the sale of Pharmaceutical Goods and Services which are out of stock, back-ordered or otherwise unavailable, but were shown as available on the app at the time of placement of order by You.

This disclaimer includes, but is not limited to, any and all warranties of merchantability, fitness for a particular purpose and non-infringement.

We expressly disclaim liability for technical failures, incomplete, scrambled or delayed transmissions and/or technical inaccuracies, as well as unauthorized access of user transmissions by third parties.

Phable Care reserves the right to limit quantities on all items. Each advertised item must be readily available for sale, unless specifically noted on these services will not issue a rain check or place a backorder for items that are out of stock.

We take all reasonable care to ensure the availability of the a substitute will only be made in the event an item is out of stock and the identical brand and product is available in a form that is of equal or greater value, e.g. larger quantity, packaged with a trial sample, updated product packaging, etc. A product substitution will occur at no extra cost and, if the substituted item is less expensive than the original item, the lower price will be charged.

We function 24 hours every day, 365 days per year. However, the Platform may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. We do not warrant uninterrupted access to this app/website or any linked website. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our app/website.

• Cancellation- Medicines

Orders are taken with prescription, without which all orders shall be cancelled.

If, the order delivery fails multiple times then it is considered a failure of order.

We have the right to cancel the order if we have not received the prescription for the order.

• Returns and Refund Policy- Medicines

At the Platform, we do our best to ensure that our customers are completely satisfied with our products and we are happy to issue a full refund based on the conditions listed below:

• Returns are possible if:

a. For orders of medicines. If eligible for return, the products can be returned within seven (7) days from the date of delivery.

To return a product, the customer needs to reach out to the Customer Support team at support@phablecare.com. The Customer support team will assess the genuineness of the claim and accordingly initiate a return if found valid.

Note:

1. Please keep the product in its original packaging with all the labels intact.

2. Please keep the copy of the invoice also ready for verification.

3. The refund for the returned items will be processed once the product reaches our warehouse and meets the eligibility for return.

• Eligibility of Return and Refund:- Medicines

The product will quality for refund if it meets the following one or more criteria:

a. The ordered item(s) is/are lost or damaged during transit or is delivered in a tampered state (subject to photographic / other proofs establishing the said tampering);

b. The ordered item(s) is/are past its expiry date at the receipt period.

c. The ordered item(s) is/are returned by the User in acceptable physical condition.

• Please note:

The return item will be picked up within Five (5) to Seven (7) working days from date raising a return. Refund will be completed within seven (7) to ten (10) working days from the date on which the product reaches the sellers warehouse. The refund will be deposited to the original mode of transfer or to Your account in case Cash-on-Delivery was selected as payment method. Phable Care has no control over the bank’s refund processing time.

• Request a Refund:- Medicines

To request a refund, simply email us Your order details, including the reason why You are requesting a refund. You could also reach out to the Customer Support team, We take customer feedback very seriously and use it to constantly improve our quality of service.

Health Plans

For the purposes of the following terms and conditions (“Phable Care Health Plan Terms”), the service provided to You (as defined below) is the facilitation of health plans, as detailed hereinafter, with the practitioners, (healthcare providers including all its doctors, agents, employees, health coaches) and other benefits the Phable Care may offer in future, as a part of the subscription to the Phable Care health plan (“Health Plan Service” / “Plan”). Phable Care operates and facilitates the Health Plan Service provided through the Platform.

NATURE AND APPLICABILITY OF TERMS

Please go through these Phable Care Health Plan Terms carefully before you decide to avail the Health Plan Service facilitated by Phable Care on its Platform. The Phable Care Health Plan Terms set out herein are in addition to the Phable Care Terms and Conditions (available at https://www.phablecare.com/terms-and-conditions) read with the Privacy Policy (available at https://www.phablecare.com/privacy-policy), (the Terms and Conditions and Privacy Policy are together referred to as “Standard Policies”) and together they constitute a legal agreement between You and Phable. The Standard Policies and the Phable Care Health Plan Terms are to be read in connection with Your visit to the Platform and Your use of the Health Plan Service respectively. To the extent of any inconsistency between the Standard Policies and the Phable Care Health Plan Terms herein, the Phable Care Health Plan Terms herein shall prevail over the Standard Policies to the extent of the inconsistency.

These Phable Care Health Plan Terms apply to any person who subscribes to the Health Plan Service on behalf of or for the benefit of a patient. The User is required to be registered on the Platform and should have subscribed to the Health Plan Service. The User is hereinafter referred to as the “You” / “Your” / “User”. As a part of availing of the Health Plan Service, You may choose different packages available pursuant to the Health Plan Service / Plan which best suits Your needs as per the plan details set out in Your Phable Care Application/ Platform (“Plan Details”). The User-specific details will be visible to You on Your purchased plan page (“Plan Page”) hosted on Your Phable Care Application/Platform.

If you have any questions about any part of these Phable Care Health Plan Terms, feel free to contact us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.

By availing the Health Plan Service, you signify your acceptance of the terms of the Standard Policies and these Phable Care Health Plan Terms.

We reserve the right to modify or terminate any portion of these Phable Care Health Plan Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these Phable Care Health Plan Terms and the Standard Policies at regular intervals. Your continued availing of Health Plan Service following any such modification constitutes your agreement to follow and be bound by these Terms and the Standard Policies so modified.

You acknowledge that you will be bound by these Phable Care Health Plan Terms specifically for availing any of the Health Plan Service. If you do not agree with any part of these Phable Care Health Plan Terms and/or the Standard Policies, please do not use the Platform or avail the Health Plan Service.

Your access and use of the Health Plan Service will be solely at the discretion of Phable.

CONDITIONS OF USE- Health Plans

You must be eighteen (18) years of age or older to register on the Platform for availing the Health Plan Service and You shall have the right, authority and capacity to use the Platform for availing the Health Plan Service and agree to and abide by these Terms.

TERMS OF THE HEALTH PLAN SERVICE

Term:The Health Plan Service subscribed by You will be valid for the period as per the Plan Details commencing from the date of the subscription of the Health Plan Service (“Term”). After the expiry of the Term, You may choose a different Plan as per the Plan Details and subscribe thereto or renew Your existing subscription, on such terms that are valid and subsisting as on date of subscription or renewal. The benefits under the Health Plan Service cannot be carried forward after the expiry of the Term.

Registration:The User is a registered user on the Platform and has subscribed to the Health Plan Service on the Platform by paying the applicable fees as per the Plan Details. You could avail the Plan solely for Yourself.

Information:As a part of the registration process for Health Plan Service, You will fill in certain personal information and details in order to create a medical history and profile which will be accessible to the Practitioners. The information shared by You will be dealt with in accordance with the Standard Policies.

Health Plan Service details:As a part of Health Plan Service, You are entitled to benefits (which may include such number of consultations, discounted health check-ups, discounts/offers on diagnostics tests, or any other benefit that Phable Care may at its discretion offer in the future) that are set out in the Plan Details.

Health Plan Service process:After subscribing to Health Plan Service, You may be eligible to avail the benefits covered under the Health Plan Service as under:

Consultations: Covered Consultations and their Utilization:

As part of the Health Plan Service, You are entitled to a certain number of consultations with Covered Practitioners in accordance with the Plan Details (“Covered Consultations”). For the purposes of these Terms, “Covered Practitioners” are those Practitioners who have been onboarded by Phable Care to provide You with the Covered Consultation as part of the Health Plan Service. The number of Covered Consultations that You are eligible for shall be displayed under Your Health Plan Page. The Covered Consultations can be availed by You in accordance to the subscribed Health Plans. It is clarified that the benefits under the Covered Consultations shall be accessible only as part of the Health Plan Service subscribed by You. Further, if You have exhausted the Covered Consultations under the Health Plan Service, You will still be able to avail other benefits which are a part of the Health Plan Service, however, if You seek a consultation with the Covered Practitioners after exhausting the Covered Consultation, You will have to pay to the Covered Practitioner their standard rate at their establishment.

Diagnostics:

As part of the Health Plan Service, You may be eligible to receive a few diagnostic tests availed (undertaken by diagnostic centres) through the Platform for the Term as per the Plan Details. For the purposes of these Terms, “Diagnostic Centres” are those diagnostic centres that have been onboarded by Phable Care to offer You diagnostic tests under the Health Plan Service. It is to be noted that the terms applicable to Phable Care and User on diagnostic tests will apply ‘as is’ under these Terms. The lab that You choose for the diagnostic test may offer an at-home diagnostic service and may offer walk-in tests at its discretion. It is further clarified that Phable Care does not conduct any diagnostic tests but is only a facilitator between the User and the Diagnostic Centres. Phable Care is in no manner liable for or responsible for the actual test and analysis undertaken by the Diagnostic Centre. Phable Care disclaims and excludes all warranties in relation to any diagnostic service availed by the User as part of the Health Plan Service.

Health Check-ups:

As a benefit extended to You as a subscriber to Health Plan Service, You may get health check-ups during the Term of the subscription. The details (including the number) of health check-ups will be visible to You under your Plan Page. Health check-ups would be provided by the Covered Practitioners and the Diagnostic Centres.

Fitness Sessions:

As benefit extended to You as a Subscriber to Health Plan Service, You may be entitled to certain fitness during the Term of the subscription. The details of the same are visible to You under the Plan Page. The fitness sessions will be provided by the fitness coaches onboarded by the Platform.

Payment for the Health Plan Service:

You will pay to Phable Care at the time of subscribing to the Health Plan Service, at the rates set out in the Plan Details. At the time of visiting the establishment of the Practitioner for Covered Consultation, You are not required to pay any amount as long as your eligibility for Covered Consultations is valid and has been set out in Plan Details.

Health Plan Service Cancellation and Refund Policy:

You may have an option to cancel Your subscription to the Health Plan Services within 7(Seven) days of availing such Health Plan Service. You will contact Phable Care on the customer support chat channel regarding cancelling Your subscription to the Health Plan Service. Further, Phable Care may refund the amount paid by You towards your subscription to the Health Plan Services, subject to the following conditions:

In the event the User has availed Diabetes Care360 Package or Hypertension Care360 Package, the User shall be refunded the amount paid for the health plan after detection Rs.999 (Rupees Nine Hundred and Ninety-Nine) for availing body check-up within the first seven days.

In the event, the User has availed any Health Plan Services and has not achieved the desired goals set by the User or Practitioner on behalf of the User, the User will not be entitled to any refund of any amounts paid towards the subscription of the Health Plan Services.

As a part of Health Plan Service, You may be entitled to certain discounts, offers and benefits. It is clarified that none of these benefits under Health Plan Service can be redeemed for cash.

APPLICABILITY OF THE STANDARD POLICIES- Health Plans

The Phable Care Health Plan Terms herein are required to be read in conjunction and addition with the applicable user terms under the Standard Policies. In case of any inconsistency between the Phable Care Health Plan Terms and the Standard Policies, the Phable Care Health Plan Terms will prevail to the extent of the inconsistency.

Health & Wellness Products

For the purposes of the following terms and conditions (“Phable Care H&W Product Terms”), the service provided to the user is (hereinafter referred to as the “You” / “Your” / “User”) is the facilitation of purchase of third party manufactured health and wellness(“H&W”) Products (“ H&W Product(s)”), as detailed hereinafter. Phable Care operates and facilitates the purchase and sale of H&W Products supplied and manufactured by H&W brands(“Partner”) through the Platform.

• NATURE AND APPLICABILITY OF TERMS- Health & Wellness Products

Please go through these Phable Care H&W Product Terms carefully before You decide to purchase the H&W Product on the Platform. The Phable Care H&W Product Terms set out herein are in addition to the Phable Care Terms and Conditions (available at https://www.phablecare.com/terms-and-conditions) read with the Privacy Policy (available at https://www.phablecare.com/privacy-policy ), (the Terms and Conditions and Privacy Policy are together referred as “Standard Policies”) and together they constitute a binding legal agreement between You and Platform. The Standard Policies and the Phable Care H&W Product Terms are to be read in connection with Your visit to the Platform and Your purchase of the H&W Products. To the extent of any inconsistency between the Standard Policies and the Phable Care H&W Product Terms herein, the Phable Care H&W Product Terms shall prevail over the Standard Policies to the extent of the inconsistency.

Unless otherwise expressly stated, all defined terms in this Phable Care H&W Product Terms shall have the same meanings as in the Standard Polices.

If You have any questions about any part of these Phable Care H&W Product Terms, feel free to contact us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.

By purchasing the H&W Product on the Platform, You signify Your acceptance of the terms of the Standard Policies and these Phable Care H&W Product Terms.

We reserve the right to modify or terminate any portion of these Phable H&W Product Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these Phable H&W Product Terms and the Standard Policies at regular intervals. Your continued use of Platform following any such modification constitutes Your agreement to follow and be bound by these terms and the Standard Policies so modified.

You acknowledge that You will be bound by these Phable H&W Product Terms specifically for availing any of the H&W Products. If You do not agree with any part of these Phable H&W Product Terms and/or the Standard Policies, please do not use the Platform or purchase H&W Product.

Your access and purchase of the H&W Product will be solely at the discretion of Phable.

• ORDER ACCEPTANCE- Health & Wellness Products

Your order is an offer to us to buy the H&W Product in Your order. When You place an order to purchase a H&W Product from us, You will receive an Email confirming receipt of Your order and containing the details of Your order (the "Order Confirmation Email").

The Order Confirmation E-mail is acknowledgement that we have received Your order and does not confirm acceptance of Your offer to buy the H&W Product(s) ordered. We only accept Your offer and conclude the contract of sale for a H&W Product ordered by You, when the H&W Product is dispatched to You and an e-mail confirmation is sent to You that the H&W Product has been dispatched to You (the "Dispatch Confirmation Email").

If Your order is dispatched in more than one package, You may receive a separate Dispatch Confirmation Email for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between You and us for the H&W Product(s) specified in that Dispatch Confirmation Email.

In case the H&W Product was not delivered or any item is missing and you received a delivery confirmation email/SMS, report the issue within 48hrs from the date of delivery confirmation for us to investigate. The company shall not entertain any complaints post 48 hours of the delivery confirmation email/SMS.

We sell H&W Products only in quantities which correspond to the typical needs of an average household. This applies both to the number of H&W Products ordered within a single order and the placing of several orders for the same H&W Product where the individual orders comprise a quantity typical for a normal household. (B2C)

What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Partner or Phable and may vary from individual to individual.

We have the right to cancel a H&W Product at any point in time without any explanation and Phable has the right not to allow business purchases on Phable to You if a fraudulent activity is identified.

We list availability information for H&W Products sold by us on the website, including on each H&W Product page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about the availability sold by the individual Partner. Please note that dispatch estimates are 2-3 days. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by email if any H&W Products you order turn out to be unavailable.

Images of the H&W product are mentioned in the Our H&W Product page for promotional/representational purposes only. Before placing Your order kindly go through the detailed information about the H&W Product description.

• CANCELATION POLICY- Health & Wellness Products

You can cancel Your order for a H&W Product at no cost any time before we send the Dispatch Confirmation Email relating to that H&W Product by reaching out to us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.

The Partner retains the right to cancel any such order placed by You, at its sole discretion and the You shall be intimated of the same by way of an email/SMS. Any Payments by You in case of such cancellation by Partner, shall be refunded to the You.

• DELIVERY- Health & Wellness Products

The H&W Products are properly packed and secured and protected in such a manner as to enable them to reach the delivery address in good condition.

Each delivery of the H&W Product is accompanied by a delivery note which shows the date of the purchase order form, the order number (if any), the type and quantity of the H&W Product (including the serial/code number of the H&W Product, if applicable).

Open Box / Unpacked Deliveries Kindly do not accept the delivery if the box is unsealed/opened. Once You have accepted an open box/unpacked delivery, no return request will be processed, except for manufacturing defects.

• RETURN & REPLACEMENT POLICY- Health & Wellness Products

The return policy period depends on the H&W Product category. The return period/eligibility for the H&W Products supplied by the following Partners is as follows:

• True Elements – Seven (7) days after the delivery of the product;
• Actifiber - Non-returnable;
• Growfit - Seven (7) days after the delivery of the product;
• Diabliss - Seven (7) days after the delivery of the product.

The H&W Product marked as "non-returnable" on the H&W Product detail page cannot be returned by You. Please visit the specific H&W Product page for additional details. If You have received a non-returnable H&W Product in a damaged/defective condition, You can contact us within 48 hours from the delivery of the H&W Product. We will not accept the "non-returnable" H&W Product if We are contacted later than 48 hours from the delivery of the H&W Product.

Your H&W Products are not eligible for return/replacement, and refund after the Fourteen (14) Business Days return period has expired. You must reach out to the manufacturer for any returns or replacements post the expiration of the return period if the H&W Product is under Warranty Service as per manufacture guidelines.

Return/Replacement will be processed only if it is within the return window mentioned on the respective H&W Product page, additionally following conditions are met. In the event that H&W Products are within the return window of the respective, Phable shall not accept the returned H&W Product if:

• It is determined that the H&W Product was not damaged while in Your possession;
• The H&W Product is not different from what was shipped to You;
• The H&W Product is returned in original condition (with brand’s/manufacturer's box, user manual, warranty card and all the accessories therein).

The H&W Products shall not be eligible for return/replacements in some cases, including but not limited to:

• Buyer's remorse such as incorrect model or colour of H&W Product ordered or incorrect H&W Product ordered.
• In cases where a H&W Product accessory is found missing/damaged/defective.
• H&W Product with tampered or missing serial/UPC numbers;

In the event of return of the H&W Products to us, kindly take the Image/video of the H&W Product while returning to the delivery person.

• REFUND POLICY- Health & Wellness Productss

Refunds will be processed once we receive the H&W Product to us and is verified. The condition of the H&W Product should be the same as a shared image/video by the customer.

The refund for prepaid orders will be processed within seven (7) working days from the date of receiving H&W Product to the original payment form.

In the event the User sends/returns a wrong H&W Product to Us, we may at Your request, re-send any wrong product sent. The courier expenses for the same shall be borne by You and the Company.

Products

For the purposes of the following terms and conditions (“Phable Care Product Terms”), the service provided to the user is (hereinafter referred to as the “You” / “Your” / “User”) the facilitation of purchase of third party manufactured product (“Product(s)”), as detailed hereinafter. Phable Care operates and facilitates the purchase and sale of Products through the Platform.

NATURE AND APPLICABILITY OF TERMS- Products

Please go through these Phable Care Product Terms carefully before You decide to purchase the Product on the Platform. The Phable Care Product Terms set out herein are in addition to the Phable Care Terms and Conditions (available at https://www.phablecare.com/terms-and-conditions) read with the Privacy Policy (available at https://www.phablecare.com/privacy-policy ), (the Terms and Conditions and Privacy Policy are together referred as “Standard Policies”) and together they constitute a binding legal agreement between You and Platform. The Standard Policies and the Phable Care Product Terms are to be read in connection with Your visit to the Platform and Your use of the Product. To the extent of any inconsistency between the Standard Policies and the Phable Care Product Terms herein, the Phable Care Product Terms shall prevail over the Standard Policies to the extent of the inconsistency.

Unless otherwise expressly stated, all defined terms in this Phable Care Product Terms shall have the same meanings as in the Standard Polices.

If You have any questions about any part of these Phable Care Product Terms, feel free to contact us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.

By purchasing the Product on the Platform, You signify Your acceptance of the terms of the Standard Policies and these Phable Care Product Terms.

We reserve the right to modify or terminate any portion of these Phable Product Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these Phable Product Terms and the Standard Policies at regular intervals. Your continued use of Platform following any such modification constitutes Your agreement to follow and be bound by these terms and the Standard Policies so modified.

You acknowledge that You will be bound by these Phable Product Terms specifically for availing any of the Product. If You do not agree with any part of these Phable Product Terms and/or the Standard Policies, please do not use the Platform or purchase Product.

Your access and purchase of the Product will be solely at the discretion of Phable.

ORDER ACCEPTANCE- Products

Your order is an offer to us to buy the Product in Your order. When You place an order to purchase a product from Us, You will receive an Email confirming receipt of Your order and containing the details of Your order (the "Order Confirmation Email").

The Order Confirmation E-mail is acknowledgement that we have received Your order and does not confirm acceptance of Your offer to buy the product(s) ordered. We only accept Your offer and conclude the contract of sale for a Product ordered by You, when the Product is dispatched to You and an e-mail confirmation is sent to You that the product has been dispatched to You (the "Dispatch Confirmation Email").

If Your order is dispatched in more than one package, You may receive a separate Dispatch Confirmation Email for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between You and us for the product(s) specified in that Dispatch Confirmation Email.

In case the product was not delivered or any item is missing and you received a delivery confirmation email/SMS, report the issue within 48hrs from the date of delivery confirmation for the us to investigate.The company shall not entertain any complaints post 48 hours of the delivery confirmation email/SMS.

You can cancel Your order for a product at no cost any time before we send the Dispatch Confirmation Email relating to that product by reaching out to us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.

We sell the Product only in quantities which correspond to the typical needs of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household. (B2C)

We have the right to cancel the Product at any point in time without any explanation and Phable has the right to not allow business purchases on Phable to You if a fraudulent activity is identified.

Images of the Product are mentioned in the Our Product page for promotional/representational purposes only. Before placing Your order kindly go through detailed information about the product description.

DELIVERY- Products

The Products are properly packed and secured and protected in such a manner as to enable them to reach the delivery address in good condition.

Each delivery of the Product is accompanied by a delivery note which shows the date of the purchase order form, the order number (if any), the type and quantity of the product (including the serial/code number of the Product, if applicable).

Open Box / Unpacked Deliveries

Kindly do not accept the delivery if the box is unsealed/opened. Once You have accepted an open box/unpacked delivery, no return request will be processed, except for manufacturing defects.

RETURN & REPLACEMENT POLICY- Products

The Return Policy period depends on the product category. Kindly visit the respective product page/manufacture website to know more about the return policy period applicable for different Products. Following Products shall not be eligible for return or replacement:

• Blood Sugar Testing strips
• lancets
• Sensors.

The Product marked as "non-returnable" on the product detail page cannot be returned by You. Please visit the specific product page for additional details. If You have received a non-returnable product in a damaged/defective condition, You can contact us within 48 hours from the delivery of the Product. We will not accept the "non-returnable” Product if We are contacted later than 48 hours from the delivery of the Product.

Your Products are not eligible for return/replacement, and refund after the fourteen (14) Business Days return period has expired. You must reach out to the manufacturer for any returns or replacements post the expiration of the return period, if the product is under Warranty Service as per manufacture guidelines.

Return/Replacement will be processed only if it is within the return window mentioned on the respective product page, and additionally, following conditions are met. In the event that the Products are returned within the return window of the respective, Phable shall not accept the returned Product if:

• It is determined that the product was damaged while in Your possession;
• The Product is different from what was shipped to You;
• The Product is not returned in original condition (with brand’s/manufacturer's box, user manual, warranty card and all the accessories therein).

The Products shall not be eligible for return/replacements/refunds in some cases, including but not limited to:

• Buyer's remorse such as incorrect model or color of product ordered or incorrect product ordered.
• In cases where a product accessory is found missing/damaged/defective.
• Product with tampered or missing serial/UPC numbers;

In the event of return of the Products to us, kindly take the Image/video of the product while returning to the delivery person.

REFUND POLICY- Products

Refunds will be processed once we receive the product to us and is verified. The condition of the product should be the same as a shared image/video by the customer.

The refund for prepaid orders will be processed within seven (7) working days from the date of receiving product to the original payment form.

COD (cash on delivery) payments will be processed to the Bank Account or Phable wallet Account. If You wish to receive the COD orders refunded to Your bank account kindly share the account details with us.

If You return a fulfilled Product in accordance with the terms mentioned herein to Phable, You can request us to reimburse the return shipping charges You incurred. In such a case, we may ask You to provide the courier receipt.

In the event the User sends/returns a wrong Product to Us, we may at Your request resend any wrong Product sent. The courier expenses for the same shall be borne by You and the Company equally.

USER TERMS AND CONDITIONS - Lab Tests

For the purposes of the following terms and conditions (“Phable Care Diagnostic Terms”), the service provided to the user is (hereinafter referred to as the “You” / “Your” / “User”) the facilitation of lab tests /Diagnostic services offered for sale by third-party labs / diagnostic centres (“Diagnostic Services”), as detailed hereinafter. Phable Care operates and facilitates the sale diagnostic services through the Platform.

I. NATURE AND APPLICABILITY OF TERMS

Please go through these Phable Care Diagnostic Terms carefully before you decide to avail the Diagnostic Service facilitated by Phable Care on its Platform. The Phable Care Diagnostic Terms set out herein are in addition to the Phable Care Terms and Conditions (available at https://www.phablecare.com/terms-and-conditions) read with the Privacy Policy (available at https://www.phablecare.com/privacy-policy), (the Terms and Conditions and Privacy Policy are together referred to as “Standard Policies”) and together they constitute a legal agreement between You and Phable. The Standard Policies and the Phable Care Diagnostic Terms are to be read in connection with Your visit to the Platform and Your use of the Diagnostic Service respectively. To the extent of any inconsistency between the Standard Policies and the Phable Care Diagnostic Terms herein, the Phable Care Diagnostic Terms herein shall prevail over the Standard Policies to the extent of the inconsistency.

These Phable Care Diagnostic Terms apply to any person who avails Diagnostic services on the Platform. The User is required to be registered on the Platform to use the Diagnostic Services provided on the Platform. As a part of availing the Diagnostic Service, You may choose different packages available pursuant to the Diagnostic Service which best suits Your needs as per the plan details set out in Your Phable Care Application/ Platform. The User specific details will be visible to You on Your purchased product/service page hosted on Your Phable Care Application/Platform.

If you have any questions about any part of these Phable Care Diagnostic Terms, feel free to contact us either by calling us at +91 7406 147 147 (Working hours: Monday to Saturday, 9.00 am to 5.30 pm) or by sending us an email at support@phablecare.com.

By availing the Diagnostic Services, you signify your acceptance of the terms of the Standard Policies and these Phable Care Diagnostic Terms.

We reserve the right to modify or terminate any portion of these Phable Care Diagnostic Terms and the Standard Policies for any reason and at any time, and such modifications shall be informed to You by appropriate notifications on the Platform. You should read these Phable Care Diagnostic Terms and the Standard Policies at regular intervals. Your continued availing of Diagnostics Service following any such modification constitutes your agreement to follow and be bound by these Terms and the Standard Policies so modified.

You acknowledge that you will be bound by these Phable Diagnostic Terms specifically for availing any of the Plable Diagnostic. If you do not agree with any part of these Phable Diagnostic Terms and/or the Standard Policies, please do not use the Platform or avail the Diagnostic Service. Your access and use of the Diagnostic Services will be solely at the discretion of Phable.

II. CONDITIONS OF USE - Lab Tests

You must be eighteen (18) years of age or older to register on the Platform for availing the Diagnostic Service and You shall have the right, authority and capacity to use the Platform for availing the Diagnostic Service and agree to and abide by these Terms.

III.Other Terms - Lab Tests

The diagnostic services are offered to You through various modes which shall include the issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by relevant third party service providers. To facilitate the relation between you and the third party service providers through the Platform, Phable Care shall send to You (promotional content including but not limited to emailers, notifications, and messages).

The website and the application is a platform that You and third party service providers utilize to meet and interact with each other for their transactions. Phable Care is not and cannot be a party to or save as except as may be provided in these User Terms and Conditions, control in any manner, any transaction between You and the third party service providers.

Payment for Lab Tests - Lab Tests

Payment for the Diagnostic Services: You will pay to Phable Care at the time of booking the Health Diagnostic Services, at the rates set out in the product/service page on the Platform. At the time of visiting the third party labs for availing the tests, You are not required to pay any amount as long as You have completed the payment on the Platform.

V. Cancellation and Refund - Lab Tests

You may have an option to cancel the Diagnostic Services availed on the platform within[∙]. You will contact Phable Care on the customer support chat channel regarding cancelling Diagnostic services booked on the Platform. Further, Phable Care may, subject to the agreement executed with the third party labs and diagnostic centre’s refund the amount paid by You towards your availing diagnostic services.