Terms of Use of CONSZAP

1. INTRODUCTION

i. The domain name www.conszap.com (hereinafter referred to as "Conszap website") is licensed for use by Conszap, a partnership firm registered under the Indian Partnership Act, 1932, with its registered office at 32/1 Panchali amman kovil street, Arumbakkam Chennai, hereinafter referred to as “Conszap”.
ii. Any use of Conszap website, transaction and services are governed by these terms and conditions as amended from time to time
iii. This document is an electronic record in terms of Information Technology Act, 2000 / its rules and all applicable statutory modifications thereof This electronic record is generated by a computer system and does not require any physical or digital signatures.
iv. By using Conszap service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, the users of the Conszap website, agree to be bound by this document.
v. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Privacy Policy and Terms of Use for access or usage of the Conszap website,, www.Conszap.org.
vi. Conszap reserves its right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice. Any access, browsing or otherwise using Conszap website, is subject to the terms of use. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Conszap Privacy Policy.

2. DEFINITIONS

i. “USER” means any patient or person, registered in this Conszap website, who accesses, uses, or browses the Conszap website of Conszap,
ii. “DOCTOR” means a qualified medical practitioner/ physician/ healthcare provider with whom any user has a doctor – patient relationship through this Conszap website
iii.“CONTENTS” means all date, medical information, records, diagnostic information and any other information and details provided by the User to facilitate the Doctor for arriving at a medical assessment.

3. Services of Conszap

i. ConsZap facilitates virtual access to users preferred physicians/healthcare providers through a secure online platform. Conszap is only a facilitator to bridge the patient and the Doctor. It does not provide any medical advice, opinion or information regarding the nature of problem or treatment. It only enables the patients to virtually meet and interact with the Doctors at the appointed time. The User is obligated to furnish all necessary medical or other information, including records and diagnostic data that may be required by the Doctor.
ii. Conszap facilitates the online access for the registered users to virtually meet and interact with the Doctors during the appointed time subject to the users providing such medical or other information that may be sought by the Doctors in this regard.
iii. All records, data and information of the registered user, the appointments, and the prescription of the Doctor shall be in the custody and safekeeping of Conzsap.
iv. The Doctors at Conszap provide healthcare services using interactive audio and video technologies where the users and the Doctor are not in the same physical location. The User can form an ongoing treatment relationship with a Doctor.
v. Conszap does not support any emergency calls to any type of hospital, medical care unit or any type of emergency services of any kind. The User understands and agrees that only non-emergency medical services are provided with respect to Virtual Consultations.
vi. Every user should seek emergency help or follow-up care when recommended by a Doctor or when otherwise needed, and continue to consult with your other healthcare providers as recommended. Among the benefits of our Services are improved access to healthcare and convenience. However as with any health service, there are potential risks associated with the use of technology.
These risks include, but may not be limited to:
a) In rare cases, information transmitted may be insufficient for healthcare decision making.
b) Disruptions can occur due to failures of the electronic equipment or internet connection. If this happens, you may be contacted by phone or other means of communication.
c) In rare cases, a lack of access to all of your health records may result in adverse drug interactions or other errors.
d) You should disclose all your medical information including allergies and past medical data to facilitate the Doctors to come to an effective assessment and to form their opinion for the line of treatment, prescription of drugs etc.
e) Although Conszap incorporates strong security protocols to protect the confidentiality of your health information, in rare instances security protocols can fail, causing a breach of confidentiality.
By accepting this consent, the User acknowledges that the user understands and agrees with the following:
a) Conszap may share information about the health care services the user receives from Conszap with the user’s health insurance company/ Doctors. This may include information relating to genetic testing, substance abuse, mental health, communicable diseases and other health conditions, subject to the terms in our Privacy Policy.
b) If the user health insurance coverage does not pay for your Services charges in full, you may be fully or partially responsible for payment.
c) Conszap does not provide any medical, health or advisory services.
d) You attest that you have legal authority to act as guardian or personal representative of all children registered under your Account.
e) No results can be guaranteed or assured.

4. Eligibility of the User

i. Use of the Site/Conszap website is available only to majors and to legal guardians. Conszap reserves the right to refuse any user with access to the Conszap website for any reason if it is found that such user is ineligible for any reason whatsoever, at the sole discretion of Conszap to use the Conszap website.

5. User Account and Registration Obligations

i. When you register on the Site, you are required to create an account by entering your name, age, data, email address, password and certain other information collected by Conszap. Your use of Conszap is anonymous, and other members can never see this information, except inside of your Profile, which is visible only to you. Your account and profile information are secure and password protected.
ii. You are at liberty to add different profiles to keep a clean track of your doctors and that of your family members.
iii. All the details requested in the member dashboard should be filled in by you. These details aid the doctor in assessing your conditions and requirements better. You can edit details in different member profiles whenever necessary. Editing contact information should be done using the edit account option; you will be able to use the account once Conszap have verified your new contact information.
iv. By using the Conszap website, you shall be responsible for maintaining the confidentiality of your Login Name and Password, and you shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by you that is inconsistent, inaccurate, not current or incomplete, or Conszap have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, Conszap reserve the right to indefinitely suspend or terminate or block access of your membership on the Conszap website and refuse You access to the Conszap website.
v. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name, any name or term that:
• is the name of another person, with the intent to impersonate that person;
• is subject to any rights of another person, without appropriate authorization; or
• is offensive, vulgar, or obscene;
• is in violation of any applicable law or contractual obligation.
Conszap reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User's expressed permission. You will immediately notify Conszap in writing of any unauthorized use of your account, or other known account-related security breach.

6. Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy, Refund policy (that can be found on the Conszap website) mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by Conszap without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by Conszap. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. Conszap may, in its sole discretion, refuse to offer the Site's services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site's services is revoked in those jurisdictions.

7. Modification / amendment of Terms of Use

i. Conszap reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Conszap may also impose limits on certain features and services or restrict your access to parts or all of the Conszap website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Conszap website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
ii. The User shall be entitled to avail the service of Conszap via its Conszap website and otherwise subject to the terms, conditions, provisions and stipulations mentioned in this Terms of Use and/or any other document, agreement or writing executed/ entered into by Conszap and the User individually and any modifications alterations made therein by Conszap from time to time.

8. Fund Transaction and Accountability

The Site offers various payment gateways to facilitate appointment with doctors however, it may be noted that the Site or Conszap:
• Collects the funds in Conszap bank account till the appointment is booked and Conszap shall be responsible for the payment of charges to the Doctors
• Makes refunds after deducting necessary transaction fee to the user as per the refund policy.
• The user shall be bound by the terms of use policy

9. Communications

When You use the Conszap website or send emails or other data, information or communication to Conszap, You agree and understand that you are communicating with Conszap through electronic records and you consent to receive communications via electronic records from Conszap periodically and as and when required. Conszap may communicate with you by email, mobile phones or by such other mode of communication, electronic or otherwise

10. General Rules for the Use of the Conszap website

You agree, undertake and confirm that your use of Conszap website shall be strictly governed by the following binding principles:
i. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. belongs to another person and to which you do not have any right to;
b. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
c. promotes an illegal or unauthorized copy of another person's medical records, files information, health records, other confidential details;
d. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
e. tries to gain unauthorized access or exceeds the scope of authorized access to the Conszap website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Conszap website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
f. Violates any law for the time being in force;
ii. You shall not attempt to gain unauthorized access to any portion or feature of the Conszap website or any other systems or networks connected to the Conszap website or to any server, computer, network, or to any of the services offered on or through the Conszap website, by hacking, password "mining" or any other illegitimate means.
iii. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Conszap website or any transaction being conducted on the Conszap website, or with any other person's use of the Conszap website.
iv. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations
v. Conszap shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

11. Contents Posted on Site

i. All information, data , medical records, diagnostic information text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork etc (collectively, "Content"), is a third party user generated content and Conszap has no control over such third party user generated content as Conszap is merely an intermediary for the purposes of this Terms of Use.
ii. Except as expressly provided in these Terms of Use, no part of the Conszap website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Conszap website or other medium for publication or distribution or for any commercial enterprise, without Conszap’ s express prior written consent.
iii. None of the Site content (other than information you receive from the Doctors or other Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

12. Privacy

Conszap view protection of your privacy as a very important principle. Conszap understand clearly that You and Your Personal Information is one of our most important assets. Conszap store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as Conszapll as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.
Additionally, the information you provide to your Doctors or Healthcare Professional during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. As part of providing You the Services, Conszap may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Conszap. Conszap cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by CONSZAP..Our current Privacy Policy is available at (link to Conszap's Privacy Policy). If You object to Your Information being transferred or used in this way please do not use the Conszap website

13. Disclaimer of Warranties and Liability

i. This Conszap website, all the materials and information and services, included or otherwise made available to you through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.
ii. Conszap will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Conszap website. Nothing on the Conszap website constitutes, or is meant to constitute, advice of any kind.
iii. In no event and under no circumstances shall Conszap be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.

14. Fees and Purchase Terms

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Conszap with your credit card/ debit card number / payment gateway or bank account and associated payment information, you agree that Conszap is authorized to immediately invoice your account for all fees and charges due and payable to Conszap hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Conszap to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Conszap, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Conszap offers no guarantee that you shall receive any such reimbursement. Conszap reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you and your insurer or other payer would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance, unless Conszap notify you in writing that a shorter cancellation window applies.

15. Compliance with Laws:

The User shall comply with all the applicable laws and rules applicable to them respectively for using Payment Facility and Conszap website

16. Breach

i. Without limiting other remedies, Conszap may limit your activity, immediately remove your information, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Conszap website in the event, but not limited to:
• If You breach the Terms of Use or Privacy Policy or other Policies, if any;
• If Conszap are unable to verify or authenticate any information You provide; or
• If it is believed that your actions may cause legal liability for You, other users or us.
ii. Conszap may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Conszap web site in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, Conszap reserves the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

17. Indemnity

You shall indemnify, defend and hold harmless Conszap, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from and against all claim, actions, penalties, prosecution, proceedings, demands, liabilities, losses, disputes, charges, penalty, settlements, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by Conszap as consequence of any default, breach, non-observance, non performance or negligent act whatsoever by you of any of these terms of use, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Conszap and the User.

18. Waiver

The User hereby agrees and states that Conszap is only a service provider to enable you to have a virtual consult with its Doctor. Conszap shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Doctor in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against Conszap for any reason whatsoever.

19. Applicable Law & Jurisdiction

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The Conszap website may be accessed by persons residing / living in countries other than India as Conszapll. Conszap Conszaplcomes Foreign members to utilise the services of Conszap which shall be subject to the existing Indian laws. Those who choose to access this site from other locations/Countries other than India do so on the understanding that all transactions are bipartite in nature betConszapen the Doctor and the Member. Conszap shall not be held liable for any dispute betConszapen the two parties. The courts at Chennai shall have exclusion jurisdiction to the exclusion of all other courts in the event of any dispute whatsoever.

20. Dispute Resolution

If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which Conszap is a party (a Dispute), the disputing parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. Any dispute involving Conszap, shall be resolved by Arbitration of a sole Arbitrator to be appointed by Conszap in accordance with the Indian Arbitration and Conciliation Act, 1996, or its statutory modifications. The seat of Arbitration shall be in Chennai and the language to be used in all proceedings shall be English.

21. Limitation of Liability

In no event shall Conszap be liable for any incidental, indirect or consequential damages of any kind in connection with theses terms of use.

22. General terms and conditions Rules and Conduct of user

As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law. The Site and its' services are provided only for your own personal, non-commercial use (except as also Conszap by in this Terms of Use). You are responsible for all of your activity in connection with the Site and its Services. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:
i. You know is false, misleading, or inaccurate;
ii. Impersonates any person or entity, including any employee or representative of Conszap.
iii. Users may not use Conszap's Site for activities that:
a. violate any law, statute, ordinance or regulation;
b. relate to transactions that
i. show the personal information of third parties in violation of applicable law,
Additionally, you shall not:
i. take any action that imposes or may impose (as determined by Conszap in its sole discretion) an unreasonable or disproportionately large load on Conszap's or its third-party providers' infrastructure;
ii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
iii. bypass any measures Conszap may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
iv. run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or
v. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly:
vi. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
vii. modify, translate, or otherwise create derivative works of any part of the Service; or
viii. You shall abide by all applicable local, state, national, and international laws and regulations. Conszap does not guarantee that any Content will be made available through the Service. Conszap has no obligation to monitor the Service or Content.

23. Termination

Conszap may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to Conszap are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

24. Warranty Disclaimer

Conszap has no special relationship with or fiduciary duty to you. You acknowledge that Conszap has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Conszap cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release Conszap from all liability for your having acquired or not acquired Content through the Site.
Conszap reserves the right to take any and all action, as it deems necessary or reasonable regarding the security of the Site and your Account Information. In no event and under no circumstances shall Conszap be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.
The Site may contain, or direct you to Conszap websites containing, information that some people may find offensive or inappropriate. Conszap makes no representations concerning any Content on the Site, and Conszap is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. Conszap does not guarantee that any Content will be made available through the Site. Conszap has no obligation to monitor the Service or Content. Conszap reserves the right to, at any time, for any reason, and without notice:
i. cancel, reject, interrupt, remove, or suspend a campaign or project;
ii. remove, edit, or modify any Content, including, but not limited to, any User Submission; and
iii.remove or block any User or User Submission.
Conszap reserves the right not to comment on the reasons for any of these actions. The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Conszap, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that:
i. the Service will be secure or available at any particular time or location;
ii. any defects or errors will be corrected;
iii.any content or software available at or through the Service is free of viruses or other harmful components; or
iv. the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.
Conszap makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any Conszap website linked to the Site. Conszap will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Conszap's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. Conszap will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Conszap's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

25. Content and License

You agree that the Site contains Content provided by Conszap and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. Conszap grants to each User of the Site a worldwide, non-exclusive, non-sub licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any content for other than personal, non-commercial use is prohibited without prior written permission from Conszap, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

26. Intellectual Property

By submitting Content, medical data, medical records etc (User Submissions) on the Site, you agree to the following terms:
i. Conszap will not have any ownership rights over your User Submissions. Conszap shall only facilitate the transfer of such user submission between the Doctor and the User.
ii. You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission.
iii. The Doctor shall use, monitor or utilise the information provided by each User at their exclusive discretion.
iv. Any information submitted by you shall be exclusively at your own risk, Conszap does not express any opinion about any of the contents and information submitted.
v. The use or other exploitation of User Submissions by Conszap and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property, proprietary rights, or other contractual / legal rights.
vi. All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
vii. Conszap will not be liable for any errors or omissions in any Content.
viii. Conszap cannot guarantee the identity of any other Users with whom you may interact while using the Service.
ix. All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

27. Indemnification

Notwithstanding anything herein, you will not hold Conszap responsible for any unforeseen technical glitches such as but not limited to Conszap website down for maintenance, server errors, speed of Conszap website download, any viruses in the Conszap website etc., that might affect the consultation. Additionally, you shall defend, indemnify and hold harmless Conszap, its affiliates, employees, contractors, partners, directors, suppliers, and representatives from all direct and indirect liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your breach or non-compliance of any of the Terms of Use herein, misrepresentation, use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Conszap reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Conszap in asserting any available defences.

28. Limitation of Liability

In no event shall Conszap, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service
i. for any lost profits, wrong or erroneous medical advice or assessment by the Doctors, data loss, services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services and
ii. for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
Conszap shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Conszap’ s reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.

29. Electronic Delivery, Notice Policy, and Your Consent

By using the Site, you consent to receive from Conszap, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, "Contract Notices") electronically. Conszap may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.

30. Integration and Severability

These Terms of Use, the Privacy Policy, Refund policy and other referenced material herein or on Conszap Site, are the entire agreement between you and Conszap with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Conszap with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

31. REFUND POLICY OF CONSZAP

1 You agree and understand that Conszap’s role is limited to providing you with a platform to communicate and consult with your Doctor on Conszap with ease and efficiency. Such appointment is either through virtual clinic or through virtual instant clinic.
2 The refund policy is to be read in unison and conjunction with the Terms of Use – Patient, Private Policy and all other terms and conditions as displayed in Conszap website.
3 You will be charged on a per consultation basis and each consultation shall be for duration of 10 minutes or such duration as may be required by the consulting Doctor. You agree that using one second of time in a Session is the same as using all of it, so you will be charged accordingly. You agree and accept that you will not be entitled to any rebate, refund or compensation as a result of your not using the full length of time available in a Session.
4 If you exit a consultation you accept this may prevent you from receiving some of the Services and you agree and understand that this is your choice therefore we are in no way liable if you choose to end the consultation prematurely.
5 You agree and understand that Fees once paid through the payment gateway shall not be refunded except in the following circumstances:
i. If the doctor declines or cancels your appointment.
ii. If you cancel the appointment you have booked.
6 The Patient shall not be entitled for any cancellation or refund in the event of using the instant virtual clinic facility.
7 However in the case of virtual clinic, the Patient shall be entitled to cancel the appointment for any reason whatsoever. The patient should seek to first seek reschedulement and postponement of the said appointment, subject to the convenience and availability of the consulting Doctor. In the event the Doctor confirms the reschedulement/ postponement, no extra charges will be levied for this purpose. However in the event such reschedulement / postponement is not possible for any reason whatsoever including the non suitability of the Doctor or the Patient then the Patient shall be entitled for refund as per the terms given below.
In case of Virtual Clinic appointments -
a) If cancellation is done by the Patient , 25 hours prior to the appointment, the appointment charges shall be reimbursed., subject to deduction of applicable payment gateway charges
b) If cancellation is done 13-24 hours prior to the appointment, 25% of the appointment charges will be deducted alongwith applicable payment gateway charges, and the balance amount shall be refunded
c) No refund shall be permitted if the cancellation is done less than 12 hours prior to the appointment.
d) Notwithstanding anything contained herein the patient shall have the option to postpone the appointment for a later date subject to the availability and confirmation by the DOCTOR which is free of cost. However such postponement can be done at the maximum 6 hours prior to the appointment.
e) In the event the DOCTOR is unable to provide a suitable postponement for the appointment, the Patient shall be entitled for refund as per terms mentioned above.
8 You expressly agree that Conszap will not provide refunds where Conszap is not at fault, such as in the following circumstances (which is NOT AN EXHAUSTIVE LIST but an indication only) and Conszap shall not be liable for any inconvenience caused to you in this regard:
a) If you are unable to have a private prescription, legitimately and correctly provided via CONSZAP website, fulfilled and/or the associated medication dispensed at a pharmacy of your choice for whatever reason.
b) If your consultation is disrupted because of your actions, such as low charge on your device or low connectivity or for such other reason to be determined by us exclusively.
c) If you have missed a booked Session
d) If it took longer than the intimated waiting time on the Platform for your consultation to start.
e) If you did not use all available minutes in any Session that you have started.
f) If your found your conversation with your Doctor to be unsatisfactory for any reason whatsoever.
9 Any request for cancellation should be accompanied by a refund request as per the procedure of Conszap website. The request will be verified and duly processed. The Refund amount on verification will be reimbursed to your account within a minimum period of 7 days All refunds shall be made only after verification and would take a minimum of 7 days. In case the refund is not received within 15 days , the patient may contact the Conszap website for clarifications , if any.
10 The Terms “User”, “Doctor” and “Patient” shall have the same meaning as defined in the Terms of Use.

32. Miscellaneous

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that Conszap may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account.
The Terms of Use are personal to you, and are not assignable, transferable, or sub licensable by you except with Conszap’s prior written consent. Conszap may assign, transfer, dispose or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service