TERMS OF USE

Orbi Health Private Limited ("Orbi Health"or"we"or"Our") is the author, publisher and owner of the internet resource at www.eka.care with any subdomain thereof, mobile/tablet/console applications or other present or future electronic modes ("Portal"). By accessing, viewing or using the Portal or any of the content on the Portal, you indicate that you understand and intend these terms of use ("Terms of Use") to be the legal equivalent of a signed, binding written contract, and that you accept such Terms of Use and agree to be legally bound by them. If you do not agree with the Terms of Use, you are not granted permission to use the Site and should exit immediately.Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the Portal, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

The Portal is a platform that inter alia facilitates the provision of"Services"(as described in Paragraph 1 below and shall include such other services that maybe made available on the Platform in future). The access and use of the Portal by users/visitors ("User(s)"or"you"or"your"or"yourself") for availing theServices inter alia by (i) Orbi Health, and/or (ii) third party diagnostic services providers ("Third Party Labs"); and/or (iii) third party doctor(s), medical consultancy service providers, other medical and healthcare professionals or institutions ("Medical Experts"), shall be governed in accordance with theseTerms of Use read along with the privacy policy set out at eka.care/privacy(together referred to as"Agreement"). The Third Party Labs and MedicalExperts are collectively referred to as the"Third Party Service Providers".

The Users may freely browse through the Portal, however in order to avail theServices, Users would be required to register on the Portal. By accessing thePortal, registering or any other means of usage herein, the User shall be deemed to have read and agreed to these terms of Agreement without requiring any other express, implied or other consent requirement in writing or otherwise.

Orbi Health reserves the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time, the Agreement, without prior notice. Further, Orbi Health reserves the right to withdraw, suspend, alter, modify, change or vary the Portal, the Portal features, the Portal content,Services or parts thereof, at its sole discretion, without prior notice. All modifications / amendments to the Agreement will be posted on the Portal andwill become effective immediately upon such posting on the Portal. Your continued use of the Portal after such change or modification shall be deemed to be your agreement to the revised/modified Agreement. Please review theseTerms of Use and Privacy Policy regularly to remain informed of any change. If you do not agree to the Agreement, please discontinue using this Portal immediately

1. SERVICES The below mentioned Services are facilitated by Orbi Health and/or made available for Users of Platform. The Services are governed by the terms mentioned below in addition to the other terms of the Agreement and as such shall not deem to have an overriding effect over the other terms of theAgreement and shall not be interpreted in derogation to the other terms of this Agreement.
   1. PRIVATE & SECURE HEALTH VAULT SERVICE
      1. User may use the this service to manage all medical cases, appointments, and other medical records and map a digital overview of User’s medical journey. User agrees that usage of this Service, Portal may receive User's medical records including User's diagnostic & other lab reports and doctor prescriptions from both Third Party Service Providers and/or directly from the User(s).
      2. The accuracy, integrity and the completeness of the information provided in the Health Vault depend on the information provided byUser or the User authorised Third Party Service Provider. Portal is merely facilitator communicating or storing information and does not in any manner alter the information uploaded on the said Health Vault. Orbi Health shall in no event be liable for any losses or injuries suffered by User or arising out of any actions or omissions made byUser or any other person including a Third Party Service Provider relying on the information provided in the Health Vault.
   2. CONSULTATION SERVICES
      1. The Portal facilitates video/tele/e-consultation services by providingUser access to and enabling interaction with Medical Experts.
      2. While We take reasonable efforts to ensure that relevant information of Medical Experts such as their specialisation, qualification, area of practice, experience, fees, location, visiting hours, etc. provided under the Consultation Service is accurate and updated at frequent intervals, we shall not be liable for any inaccuracies or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.
      3. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work/advice or expertise of the Medical Experts providingConsultation Services and shall in no event be liable for any claims pertaining to malpractice, negligence, deficiency of services on the part of the Medical Expert.
      4. The Consultation Service is provided for medical ailments, disorder, diseases etc. which do not require any physical intervention of aMedical Expert or which do not constitute a medical emergency such as accidents, bleeding injuries, burns, sexual abuse/assault etc. In caseYou required the physical attention or care of a Medical Expert or are suffering a Medical emergency, You are urged not to use theConsultation Services. The use of the Consultation Services shall be atYour own judgement and perception, we shall not be, directly or indirectly, liable for any lapse Your judgement which may result in any injury or loss, nor shall we be liable for the use of the ConsultationServices in contravention of the terms mentioned in this Agreement.
      5. Consultation Service is provided at the express consent by the User and the same shall not be construed as a replacement for physical consultation and are meant for general consultation only
      6. If on availing of Consultation Service on Portal, User has been recommended to undergo any diagnostic tests or is issued aPrescription, the same are provided based on the information and preliminary examination, hence, the same shall not be treated as accurate, final and conclusive.
      7. Any prescriptions made by the Medical Expert basis the ConsultationServices shall be at sole discretion of the Medical Expert and suchMedical Expert shall be solely responsible for making such prescription. Orbi Health does not endorse any prescription nor does it deal in medical drugs. The use of any medical drugs prescribed by theMedical Expert during the Consultation Service may be taken at theUser's own discretion and sole responsibility.
      8. By availing Consultation Services, User provides its consent to Orbi Health for recoding, saving and storing for record purposes all suchConsultation Services availed through the Portal by User in the event such records are required to be produced as evidence on the direction of a court of law. Orbi Health may review such data from time to time for quality evaluation purposes. However, under normal circumstances, Orbi Health will not access any information that identifies a User and shall either omit, mask or anonymise User's personal information at the time of quality evaluation.
   3. SELF ASSESSMENT TOOL
      1. Portal provides Users an artificial intelligence based self-medical assessment tool which pursuant to the information provided by User or made available to us based on the Information provided by You, aids in the diagnosis of disease, illness, disorder or other medical condition.
      2. The recommendations of the self-assessment tool is meant only for providing recommendations to the User on the possible diseases, disorders, illnesses etc. that User may possibly have basis the information on the symptoms provided by the User. The said recommendations are not to be taken as a substitute for proper medical professional attention or consultation.
      3. Owing to the complexity of medical-cases and the inherent limitation of technology, Orbi Health does not in any manner, directly or indirectly, assure or guarantee the detection of any underlying diseases, disorders, illnesses etc., nor shall Orbi Health be liable for the omission of any possible result.
      4. Remedial suggestions, if any, made on the basis of the self-assessment report are not medical advice and do not act as prescription for medicinal drugs that are prescribed by a registered practitioner.
   4. Pulse Rate Detection
      1. Pulse rate detection feature as available on the Portal provides an indicative measure of an individual's pulse rate and shall not be intended to be used as a substitute for a medical-grade device. Consult your doctor or other certified medical practitioner in case of first aid, medical emergency, heart attack, or cardiac event.
      2. Users are advised to exert extreme caution in the interpretation of the estimated pulse rate and are advised to consult a doctor or other certified medical practitioner to correlate it with the clinical condition.
      3. Pulse rate detection feature does not detect blood pressure and oxygen saturation level.
      4. Pulse rate detection feature is not intended for measuring baby heart rate.
      5. Pulse rate detection feature uses a camera flash which can get hot, users are advised to remove their finger if it gets uncomfortable.
2. ELIGIBILITY The User hereby represents and warrants that you:
   1. are at least 18 (Eighteen) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in theAgreement;
   2. have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned; and
   3. are not impersonating any other person and are using your actual identity;
   4. agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Portal including Services.
3. TERM AND TERMINATION This Agreement shall remain in full force and effect while you use theServices or are a User on the Portal. Orbi Health may terminate your use of/access to the Portal or the Services (either case, in whole or part), in its sole discretion, at any time, without warning or notice to you.
4. REGISTRATION, USER PROFILE & PROVISION OF SERVICES
   1. Access to certain Services on the Portal, require completion of a simple registration process to create User profile. The registration and creation of aUser profile requires you to reveal your identity and/or other information about yourself, which will be governed by the Portal’s Privacy Policy.
   2. Users will have an option to register with Portal and create a personal profile on the Portal ("User Profile"), which may enable them to access additional sections on our Portal to and avail other Services. By accessing and/or completing the online registration process on the Portal and by creating a User Profile, User confirms its acceptance of Agreement. Orbi Health may, at its sole and absolute discretion, refuse to accept registration applications for the registration and creation of a User Profile.
   3. To create a User Profile, you may either:
      1. acknowledge and agree that you may be required to give information about yourself for your User Profile verification. In order to complete your User Profile, you will be required to inter alia provide your full name, email address, gender, mobile number(s), date of birth, current city/place of residence etc. Any information provided by you to us should be complete and accurate to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
      2. You understand that it is your responsibility to protect certain information relating to your usage of the Portal including, but not limited to your username, password, email address, contact details, mobile number and OTP, if any. You are responsible for maintaining the confidentiality of the password and User Profile, and are fully responsible for all activities that occur under your password or User Profile
   4. By creating an account, you agree to
      1. receive certain communications in connection with Portal or Services including from or on behalf of the Third Party Service Providers; and
      2. receive Service related notifications in the form of SMS, email or mobile notifications.
   5. Orbi Health reserves the right to charge subscription and/or membership fees from a User(s), by giving reasonable prior notice, in respect of any product, service or any other aspect of the Portal anytime in future. TheServices may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the Third Party ServiceProvider's engagement with Orbi Health.
   6. Orbi Health, Portal, the software, or the software application store that makes the software available for download on a device may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Portal or Services, or portions thereof(including upgrades or updates designed to correct issues with theServices). Any updates or upgrades provided to you by us shall be considered part of the Services.
   7. User acknowledges and agrees that (a) Services may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the Third Party Service Provider's engagement with Orbi Health. The Services may be subject to certain limitations, such as, limits on disk storage space and, other limitations dependent on the Third PartyService Provider's engagement with Orbi Health; and (b) if Orbi Health disables access to User account, User may be prevented from accessing thePortal or Services and that such User account details or any files or other content, which may be contained in such User account. Orbi Health also reserves right to deactivate the User account in case of any foul, abusive, inappropriate language used in the any functionality including reviews, comments, interaction with Orbi Health’s and/or Third Party ServiceProvider’s stakeholders.
   8. Orbi Health may also prescribe certain limits on the use of the Portal and/orServices or storage of User Content or Orbi Health Content at its sole discretion without any prior notice to you while at all times complying with the Privacy Policy. In consideration for Orbi Health granting you access to and use of the Portal and Services, you agree that Orbi Health and its third party providers and partners may place such advertising on the Services orin connection with the display of User Content or Orbi Health Content, or information from the Services, whether submitted by them or others.
5. Payments & Refund
   1. Online Payment options are available for the services listed below:
      1. Booking a consultation with Doctor
      2. Subscription Services around Health Records Management, Doctor Consultation, Medicine Delivery & Lab Packages
   2. Payment Options The following options are available for making payments:
      1. Domestic Debit & Credit cards which are part of Visa and Mastercard network
      2. UPI one time / recurring payments through Phonepe, GPay or any UPI ID
      3. Important: No one will call you for your OTP, CVV or any other secure codes. Please do not disclose this information to anyone.
   3. Refund & Return Policy
      1. Refund for Doctor Consultation can be processed if cancelled 24 hours before appointment time. Refunds will be at the sole discretion of clinic/doctor. Refund will always be paid to the original source of payment
      2. Subscription Services around Health Records Management, Doctor Consultation, Medicine Delivery & Lab Packages are non-refundable.
      3. Refunds would take 7-10 working days from the date of cancellation to reflect in the original source of payment.
6. USER CONTENT
   1. For provision of Services, Orbi Health may allow the User to upload their existing medical records, maintain repository of reports received from ThirdParty Service Provider, text, files, images, photos, video, or any other materials and to inter alia enable the User to provide Third Party ServiceProvider rating/ feedback etc. (collectively, "User Content").
   2. The User and/or Third Party Service Providers undertake to share or allow sharing of User Content with Orbi Health at their own risk. Orbi Health reserves the right to retain such information for the purpose of providingServices to the Users.
   3. Orbi Health reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any UserContent, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Orbi Health deems to be inappropriate:
      1. Content belonging to another person and to which a User does not have any right to;
      2. Content that infringes intellectual property of any party;
      3. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
      4. Content that includes racially, ethically, or otherwise objectionable language;
      5. Content that is libellous, defamatory, or otherwise tortious language;
      6. Content that contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; and
      7. Content that involves commercial activities and/or sales without Orbi Health's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
7. USER GUIDELINES
   1. In consideration of Orbi Health granting you a license to use the Portal, you hereby agree not to use the Portal for any purpose that is unlawful under any applicable laws and/or in violation of these Terms of Use and ourPrivacy Policy. You shall not use the Portal in any manner that could damage, disable, overburden, or impair any Orbi Health server, any network(s) connected to any Orbi Health server, or interfere with any other party's use and enjoyment of the Portal. You shall not attempt to gain unauthorised access to any functions and features, other User accounts, computer systems or networks connected to any Orbi Health server, in any manner, including, through hacking, password mining or any other unlawful means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Portal.
   2. You shall, directly or indirectly through third parties, not: (a) make and/or distribute copies of the Portal; (b) attempt to copy, reproduce, alter, modify and/or reverse engineer the Portal; and/or (c) create derivative works ofPortal.
   3. You accept that any and all operations emanating from your device shall be assumed to have been initiated by you.
   4. You shall request Orbi Health to disable your account and change the password immediately for the account, if your device (wherein Portal account may be signed in) has been lost or stolen.
   5. You are responsible for any and all activities that occur in your account. You agree to notify Orbi Health immediately in the event of an unauthorised use of User account or any other form of security breach. Orbi Health shall not be liable for any loss to you or your organisation owing to negligent actions or a failure on your part to inform Orbi Health, within a reasonable time, about loss or theft of your device and/or any unauthorised access in your account, either with or without your knowledge. Further, you shall not use any other person’s account at any time, without an express prior written permission of the concerned account holder and Orbi Health.
   6. You shall be liable for losses incurred by Orbi Health or any other party due to a third party’s use of your account.
   7. You shall ensure that, while using the functions and features of the Portal, all applicable laws, rules and regulations shall, at all times, be strictly complied with by you. Orbi Health shall not be liable in any manner whatsoever for default of any nature by you.
   8. You agree that the Portal may be linked to the website of third parties, affiliates and business partners and that Orbi Health has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Portal. Inclusion of any link on the Portal does not imply that Orbi Health endorses the linked website. Other Parties may use the links and these services at their own risk.
   9. User agrees that certain Services on the Portal may require payment of fee such as consultation fees. Orbi Health and/or Third Party Service Provider, as the case may be, reserves the right to revise Service charges at anytime, at their sole discretion. The charge, applicable at any given time, will be the charge displayed at the time of using the respective Service.
8. INTELLECTUAL PROPERTY
   1. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Orbi Health, Third Party Service Provider or others (including without limitation unlicensed third party content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information.
   2. If Orbi Health become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that User. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide us with relevant documentary and other evidence and we will be happy to take corrective action accordingly.
9. USER-THIRD PARTY SERVICE PROVIDER DISPUTES
   1. Users are solely responsible for their interactions with Third Party ServiceProvider. Orbi Health reserves the right, but has no obligation, to monitor disputes between you, other Users and/or Third Party Service Providers and to immediately terminate the privileges of any User.
   2. Portal, for provision of Services facilitates between the User and Third PartyService Provider and no associations or interactions that happen between the User and Third Party Service Provider is the responsibility of Orbi Health. Accordingly, Orbi Health shall not be responsible for the quality of the services rendered and the products supplied or payment due therefor.The same shall be availed of/rendered or procured/supplied on terms mutually agreed between the concerned User and Third Party ServiceProvider. In the event of any claims arising on account thereof, the sole remedy shall be against the concerned User and/or Third Party ServiceProvider and not Orbi Health
10. DISCLAIMER OF WARRANTIES
    1. USER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND,EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AND THAT USE OF SERVICES SHALL BE AT SOLE RISK OF USER. ORBI HEALTH, ANY SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE AND AGENT("ORBI HEALTH PARTIES") EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR EXPRESS WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CONNECTION WITH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PORTAL OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
    2. Without limiting the generality of the foregoing, Orbi Health makes no warranty and will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency of Services on the part of a Third Party Service Provider and/or such other claims pertaining to, including, without limitation: (a) quality, authenticity and availability of the services and products; (b) delay in performance/delivery or non-performance/delivery of the services and products availed/procured; (c)injury, death and/or side effects caused due to the services and products availed/procured; (d) non-maintenance or any loss of any User Content(including health and medical records); (e) insurance and other related services.
    3. You accept and acknowledge that Orbi Health does not verify any content or information provided by or obtained from either the Users or Third PartyService Providers, and to fullest extent permitted by applicable law(s),disclaims all liability arising out of the Other Parties’ use or reliance upon the Portal, the Services, data and reports by Third Party Service Providers, representations and warranties made by the other parties on the Portal or any opinion or suggestion given or expressed by Orbi Health or any ThirdParty Service Provider in relation to any Services provided by Orbi Health.
    4. Orbi Health is not responsible for the conduct, whether online or offline, of any User of the Services or Third Party Service Provider. Orbi Health assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any User communication or any User Content or Orbi Health Content or data from any Third Party Service Provider.
    5. Under no circumstances shall Orbi Health be responsible for any loss or damage, including personal injury or death, resulting from use of theServices, from any User Content or Orbi Health Content posted on or through the Services, or from the conduct of any Users of the Services orThird Party Service Provider, whether online or offline. Orbi Health cannot guarantee and does not promise any specific results from use of the Services.
    6. This Portal is controlled and operated from India and Orbi Health makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Portal from outside India is entirely at your sole risk and you agree and undertake to be responsible for compliance with all applicable local laws and agree to release, discharge and absolve the Orbi HealthParties from any liability or loss in this respect.
    7. Orbi Health reserves the right to introduce and initiate new features, functionalities and components to the Portal and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Orbi Health is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Portal without any prior notice to you.
11. DISPUTES AND GOVERNING LAW
    1. In case of any dispute concerning or involving the Services, you agree that the dispute shall be governed by the laws of India and the Courts ofBangalore shall have exclusive jurisdiction to adjudicate all disputes.
    2. Notwithstanding anything to the contrary contained anywhere in theseTerms of Use, you agree that monetary damages may not be an adequate remedy for the losses that may be sustained by Orbi Health from a breach of the Terms of this Portal and accordingly, Orbi Health shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain you from committing any violation of these Terms of Use.
12. FORCE MAJEURE Orbi Health and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.
13. INFRINGEMENT NOTIFICATION
    1. If you believe in good faith that any Orbi Health content, User Content or material posted or otherwise made accessible on this Portal, violates theseTerms of Use, or is prohibited or restricted by applicable laws, rules and regulations, or violates your proprietary rights, or is abusive or threatens and harms other users of this Portal, please compile the following information and email it to: privacy@orbi.health and which email shall contain at least the following information:
       1. a clear identification of the allegedly prohibited/unlawful/abusive material on the Portal (with specific URL reference);
       2. your contact details: name, address, e-mail address and phone number;
       3. in case of an alleged violation of proprietary rights (including copyright, trade-mark or privacy rights), a statement that you believe, in good faith, that use of proprietary material allegedly infringed on Portal is not authorised by you or your agent or law;
       4. a statement that you believe, in good faith, that such material is prohibited/unlawful/abusive; and
       5. a statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorised to act on your behalf.
    2. The email notification provided by you under this clause shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms of Use.
    3. In such an event, Orbi Health may contact you for any further information and reserves the right to determine, at its sole discretion, whether such Orbi Health Content violates these Terms of Use or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, Orbi Health reserves the right to restrict your access to the Portal.
14. INDEMNITY You agree to indemnify, defend and hold harmless Orbi Health, and any subsidiary, affiliate, director, officer, employee and agent, from and against any and all claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs or expenses, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from: (i) User Content; (ii) your use of and access to the Portal orServices; (iii) your violation of any term of these Terms of Use; (iv) your violation of any third party's or Third Party Service Provider's right, including without limitation any intellectual property right; or (v)your unauthorised use of the Services. This defence and indemnification obligation will survive these Terms of Use and your use of the Portal and/or the Services.
15. LIMITATION OF LIABILITY
    1. IN NO EVENT SHALL ORBI HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE,DATA OR PROFITS(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF YOU OR ANY THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ORBI HEALTH’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ORBI HEALTH (IN THE FORM OF COMMISSION AS MARKETPLACE) FOR THE SERVICES DURING THE TERM OFYOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT ORBI HEALTH SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
16. INFORMATION GATHERED AND TRACKED
    1. By accessing this Portal, you hereby agree and understand that your internet protocol ("IP") address, device used to access the Portal and other demographics will be logged and recorded. If you choose to register and create a User Profile on our Portal, we will collect and store such information(including personal information) as specified above. All information collected from you, including information submitted for the registration of a User profile, is subject to our Privacy Policy. We may collect further information from you if you wish to receive certain Services available on ourPortal, which information will be requested for at the time you choose to avail of such Services. We guarantee that personal information about Users will not be provided to any third party without consent from the information source including consent from the relevant User and/or the Third PartyService Provider.
    2. Orbi Health may disclose or transfer User Content to its affiliates including in other countries, and You hereby consent to such transfer. In line with applicable laws, Orbi Health is permitted only 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 Orbi Health, only if such transfer is necessary for the performance of the lawful contract between Orbi Health or any person on its behalf and the user or where the User has consented to data transfer.
    3. The Portal has a Privacy Policy disclosing what information we collect aboutUsers, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. This statement is incorporated by reference, as if set forth fully herein.
17. SERVICE LEVELS The Portal will achieve System Availability of at least 99% during each calendar year. For the purpose of these Terms of Use, "System Availability"means the number of minutes in a year that the key components of thePortal are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance,(b) events of force majeure, (c) malicious attacks on the system, (d) issues associated with the User’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of User. Orbi Health reserves the right to take the Portal offline for scheduled maintenance for which User(s) would be provided reasonable notice and Orbi Health reserves the right to change its maintenance window upon prior notice to User(s).
18. WAIVER AND SEVERABILITY OF TERMS The failure of Orbi Health to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
19. ASSIGNMENT You may not assign your rights and obligations under these Terms of Use without the prior written consent of Orbi Health. Orbi Health may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Portal.
20. CONTACT US Please feel free to contact us in case of any queries, grievances or to report any abuse or violations of these Terms of Use, by emailing at privacy@orbi.health / support@eka.care.