Terms & conditions

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

The Agreement applies to you whether you are -

1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions ("Practitioner(s)", "you" or "User"); or
2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website ("End-User", "you" or "User"); or
3. Otherwise a user of the Website ("you" or "User").
4. Third Party Pharmacy ("Third Party Pharmacy").

This Agreement applies to those services made available by Aktive on the Website, which are offered free of charge to the Users ("Services"), including the following:

1. For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;
2. For other Users: Facility to create and maintain 'Accounts'.

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

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

By accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. Notwithstanding anything to the contrary, these Terms and Conditions shall not supersede any independent written contracts executed between Aktive and the Users. By availing any Service, you signify your acceptance of the terms of this Agreement.

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

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

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

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

1. The Indian Contract Act, 1872,
2. Consumer Protection Act, 2019 and rules, regulations, guidelines and clarifications issued thereunder
3. Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
4. Digital Personal Data Protection Act, 2023

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

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

3.1 End-user account and data privacy

3.1.1 The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules, and are reproduced in the Privacy Policy.

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

3.1.3 The Website allows Aktive to have access to registered Users' personal email or phone number, for communication purpose so as to provide you a better service and for obtaining feedback in relation to the Practitioners and their practice.

3.1.4 The Privacy Policy sets out the data privacy practices adopted by Aktive.

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

1. the fact that certain information is being collected;
2. the purpose for which the information is being collected;
3. the intended recipients of the information;
4. the nature of collection and retention of the information; and
5. the name and address of the agency that is collecting the information and the agency that will retain the information; and
6. the various rights available to such Users in respect of such information.

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

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

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

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

3.1.10 When you choose to call the number through a telephony service provided by Aktive, and the records of such calls are recorded and stored in Aktive's servers. Such calls will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Aktive for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Aktive should be used only for order related queries and not for consultation on health-related issues. Aktive accepts no liability if the call facility is not used in accordance with the foregoing. In case you choose to not provide your consent to recording your calls that may have personal information required for our services, Aktive reserves the right to not provide the Services for which such personal information is sought.

3.2 Listing content and disseminating information

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

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

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

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

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

3.2.6 If a User has utilized the telephonic services, Aktive reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.

3.2.7 Without prejudice to the generality of the above, Aktive is not involved in providing any healthcare or medical advice or diagnosis. User understands and agrees that Aktive will not be liable for:

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

3.3 Cancellation and refund policy

Refer to cancellation and refund policy here:

3.4 Third party pharmacy

3.4.1 The Third-Party Pharmacy(s) are solely responsible for ensuring that the Pharmaceutical Goods offered for sale on the Website are kept in stock for successful fulfilment of orders received. You understand and acknowledge that, Aktive is not responsible if the Third Party Pharmacy(s) does not satisfy the contract for sale of Pharmaceutical Goods which are out of stock, back ordered or otherwise unavailable, but were shown as available on the Website at the time of placement of order by You; and

3.4.2 You acknowledge and accept that the order for a substitute of a Pharmaceutical Good(s) would only be processed if the Practitioner has himself/ herself permitted for such substitution.

3.4.3 You further agree and acknowledge that the delivery partner acts as Your agent for collecting the medicines from the Third-Party Pharmacy. The services are being undertaken by the delivery partner with Your consent.

3.5 No doctor-patient relationship; not for emergency use

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

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

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

3.6 Content ownership and copyright conditions of access

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

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

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

3.7 Patient feedback

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

You are solely responsible for the content that you choose to submit for publication on the Website, including any patient feedback or recommendations ("Critical Content") relating to Practitioners or other healthcare professionals.

Your publication of patient stories on the Website is governed by Clause 4.3 and 5 of these Terms. Without prejudice to the detailed terms stated in Clause 4.3 and 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. Aktive, at its sole discretion, may choose not to publish your patient stories, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Aktive may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

1. Obtaining feedback in relation to Website or Aktive's services; and/or
2. Obtaining feedback in relation to any Practitioners listed on the Website; and/or
3. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

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

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

4.1 Listing policy

4.1.1 Aktive, directly and indirectly, collects information regarding the Practitioners' profiles, contact details, and practice. Aktive reserves the right to take down any Practitioner's profile as well as the right to display the profile of the Practitioners, with notice to the concerned Practitioner. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform Aktive immediately to enable Aktive to make the necessary amendments.

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

4.1.3 Aktive shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made to the Practitioner by such User. Aktive shall also not be responsible for any losses, damage, injuries or expenses incurred by the Practitioner as a result of the publication of information provided by the Practitioner to the Aktive for the purposes on onboarding and providing services on the Platform.

4.1.4 Aktive reserves the right to moderate the suggestions made by the Practitioners through feedback and the right to remove any content contrary to applicable laws added on the Website.

4.1.5 Practitioners explicitly consent to the publication of Content provided by Practitioners to a third parties in accordance with applicable laws.

4.1.6 You as a Practitioner hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Aktive accepts no liability for the same.

4.2 Profile ownership and editing rights

You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Aktive's services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Aktive may modify or delete parts of your profile information at its sole discretion with or without notice to you.

Aktive reserves the right to review the information provided by you and your profile information and made amendments or takedown content to the extent permissible under applicable laws.

4.3 Patient feedback display rights of Aktive

4.3.1 All Critical Content is content created by the Users of www.aktive.co.in ("Website") and the clients of Aktive customers and Practitioners, including the End-Users. As a platform, Aktive does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an 'intermediary' under the Information Technology Act, 2000. The role of Aktive and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Aktive's Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

4.3.2 Aktive reserves the right to collect feedback and Critical Content for all the Practitioners, Clinics and Healthcare Providers listed on the Website.

4.3.3 Aktive shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

4.3.4 Aktive will take down information on the Website under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users.

4.3.5 If Aktive determines that you have provided inaccurate information, enabled fraudulent feedback or otherwise published information contrary to the Website Polices, Aktive reserves the right to immediately suspend any of your accounts with Aktive and makes such declaration on the website alongside your name/your clinics name as determined by Aktive for the protection of its business and in the interests of Users.

4.4 Aktive medicine information

The Aktive Platform may contain certain information pertaining to medicines/medical products and medical therapies. These are intended for educational and awareness purposes and not be construed as promotional materials or medical advice.

4.4.1 For Users:

1. You understand that any information provided under this feature is not intended to serve as a substitute for clinical advice and should not be relied upon while making treatment related decisions. Aktive provides information for educational purposes and based on publicly available research, studies and opinions of experts in the field. Such information is not provided with an intention to replace consultation with a qualified medical practitioner.
2. Aktive has used commercially reasonable efforts to source the information from reliable databases, however, you understand that the information contained in this feature is brought to you from open-source platforms and third party sites/research reports. Aktive shall not be responsible or in any manner be liable for the accuracy of the information or for any errors, omissions or inaccuracies contained herein irrespective of the reason for the cause of such occurrence, or for any consequences arising therefrom. The inclusion or exclusion of any medicines and/or medicinal products does not mean that Aktive advocates or rejects the use of a particular medicine and/or medicinal product listed herein.
3. You understand that the information on medicines and/or medicinal products contained herein does not constitute an offer or invitation or advise to use the same. The information on medicines and/or medicinal products provided hereunder should not be relied upon in connection with any decision to self-medicate. It is suggestible that you always consult a medical practitioner at all times prior to relying upon any information set out herein.

4.4.2 For Practitioners:

1. Practitioners agree and acknowledge that the information material published by Aktive on the website is for educational purposes for the general public and is not a database of medical prescription. And thus, this feature does not warrant or confirm the validity, accuracy, completeness, safety, usefulness, reliability, legality, quality and/ or the applicability thereof.
2. The Practitioners acknowledge and understand this feature is not intended to serve as a substitute for clinical judgement and agrees to use his/her discretion while relying upon the same for treatment related advice, decisions or otherwise.
3. Aktive does not represent or warrant that the information provided herein will meet with the requirements or expectations of the Practitioner. The Practitioner, in their clinical judgement, may disagree or contravene the information published in this feature and shall rely upon independent clinical judgement in providing Services through the Aktive Platform.

4.4.3 Disclaimer:

1. Whilst Aktive has used reasonable endeavors in compiling the information provided on the website, Aktive provides no assurance as to its accuracy, completeness or usefulness or that such information is error-free. Any information provided on this website is provided on a good-faith basis. In certain cases, the content maybe provided by a third-party and is made available on an "as-is" basis. Aktive hereby disclaims any and all liability and assumes no responsibility whatsoever for consequences resulting from use of such information.
2. In no event, shall Aktive be liable to you for any cost, damage or liability, resulting from any use, reproduction, implementation or adoption of the information published on the Website.
3. The viewers/Users/Practitioners hereby release and agree to hold harmless Aktive, its affiliates/group companies, its directors, officers, employees, agents, successors, advisors, consultants, representatives, and assigns from any and all claims, losses, related suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, reasonable legal fees and expenses incurred, by the viewers/Users/Practitioners arising due to the negligence or misconduct of viewers/Users/Practitioners or due to the access of or decisions taken on the information provided herein.
4. The information may contain links, citations references to third party websites or external websites/internal servers or resources including advertisements. Aktive has no control over such sites and the information provided in them. Aktive does not recommend and does not endorse the content on/of any third-party websites including that of advertisers. Aktive is not responsible or liable for the content of these external sites nor does it endorse, warrant or guarantee the accuracy, genuineness, reliability offered or advertised on the products, services or information provided by such third-party websites.

4.5 Practitioner undertaking

The Practitioner is and shall be duly registered, licensed and qualified to practice medicine/ provide health care, wellness services, as per applicable laws/regulations/guidelines set out by competent authorities and the Practitioner shall not be part of any arrangement which will prohibit him/her from practicing medicine within the territory of India. The Practitioner shall at all times ensure that all the applicable laws that govern the Practitioner shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

4.6 Usage in promotional & marketing materials

In recognition of the various offerings and services provided by Aktive to Practitioner, Practitioner shall (subject to its reasonable right to review and approval):

1. allow Aktive to use their name and credentials and include a brief description of the Practitioner on the website in connection with them providing telemedicine services through Aktive Platform;
2. allow Aktive to display and make reference to Practitioner in patient case studies, testimonials and reviews
3. feature in informational and educational provide videos;
4. make presentations at conferences; and/or
5. use the Practitioner's name and credentials in connection with marketing such presentation and conferences.

5.1 As mandated by Regulation 3(2) of the IG Rules, Aktive hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another person and to which the User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

5.2 Users are also prohibited from:

1. violating or attempting to violate the integrity or security of the Website or any Aktive Content;
2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Aktive;
3. intentionally submitting on the Website any incomplete, false or inaccurate information;
4. making any unsolicited communications to other Users;
5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
7. copying or duplicating in any manner any of the Aktive Content or other information available from the Website;
8. framing or hot linking or deep linking any Aktive Content.
9. circumventing or disabling any digital rights management, usage rules, or other security features of the Software

5.3 Aktive, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Aktive shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Aktive has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.

5.5 Aktive may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Aktive to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Aktive as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Aktive or any person on its behalf and the User or where the User has consented to data transfer.

Aktive respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

6.1 Aktive reserves the right to suspend or terminate a User's access to the Website and the Services in accordance with applicable law, in cases where,

1. Such User breaches any terms and conditions of the Agreement;
2. A third party reports violation of any of its right as a result of your use of the Services;
3. Aktive is unable to verify or authenticate any information provide to Aktive by a User;
4. Aktive has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
5. Aktive believes in its sole discretion that User's actions may cause legal liability for such User, other Users or for Aktive or are contrary to the interests of the Website.

6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User's record keeping process and practices.

In no event, including but not limited to negligence, shall Aktive, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

1. provision of or failure to provide all or any goods or services by Practitioners or Third Party Pharmacy to End- Users contacted or managed through the Website;
2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website; any unauthorized access to or alteration of your transmissions or data; To the full extent permissible by applicable law, Aktive disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Aktive does not warrant that this website, its servers, or e-mail sent from Aktive are free of viruses or other harmful components. Aktive will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event shall the total aggregate liability of the Protected Entities 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 from this Agreement or a User's use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

Aktive may retain such information collected from Users from its Website or Services in accordance with applicable laws.

9.1 You agree that this Agreement and any contractual obligation between Aktive and User will be governed by the laws of India.

9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Aktive. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Ahemdabad. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

9.3 Subject to the above Clause 9.2, the courts at Ahemdabad shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

10.1 If a User has any questions concerning Aktive, the Website, this Agreement, the Services, or anything related to any of the foregoing, Aktive customer support can be reached at the following email address: [email protected] or via the contact information available from the following hyperlink: www.aktive.co.in/contact. If you have an grievance concerning the services provided on Aktive contact our Grievance Officer at [email protected].

If any provision of the Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded and the remainder of the Terms and Conditions shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Aktive. Any consent by Aktive to, or a waiver by Aktive of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Last updated June 2024.