The Agreement

The use of this website and services on this website provided by Ceino Technologies Private Limited (hereinafter referred to as "Owner", or "KinderHealth") are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of service governing your use of kinderhealth.in (Website) and the KinderHealth mobile app (App), all pages on the website and any services provided by or on this website or app ("Services")

1. Nature and Applicability of Terms: Please carefully go through these terms and conditions and the privacy policy available at kinderhealth.in before you decide to access the website or avail the services made available on the application by KinderHealth. These terms and the Privacy Policy together constitute a legal agreement between you and KinderHealth.

2. If you are an individual or an incorporated/registered entity/institute/organisation seeking to avail the services of KinderHealth for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with KinderHealth for this purpose. Each individual availing the services of KinderHealth under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.

3. These terms of service together with privacy policy, disclaimer and any other policy mentioned anywhere on the website together constitute your agreement with the website. If you are accessing Kinderhealth via the mobile application, you will still be bound by the same agreement.

By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/ or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used and stored.

Changes to the terms and conditions:

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

Website and App Features:

1. The website and App allow users to track their children's health information on a daily, weekly and monthly basis.
2. The Website and App will remind users about children's upcoming health tasks (Eg: vaccination)
3. The Website and App will provide resources and courses for users
4. The Website and App has Q/A feature to ask question with the experts and get an answer
5. The Website and App will allow users to book an appointment with healthcare providers( pediatricians, psychologist,life coach,nutritionist)
6. The Website and App also has live storytelling feature with our expert

User Eligibility:

Use of the Services is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register as a member of the Website and shall not sell or purchase any services on the Website, unless you are accessing this Website with parental guidance or guidance of a legal guardian. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this Website without parental consent and guidance or consent and guidance of a legal guardian. We will not be liable for any harm caused to you on account of any use of the Website without appropriate parental consent.

User Responsibility:

1. In order to use KinderHealth services, users have to sign up and provide details about their name,email ID and other personal details. Users should agree to provide accurate information to Kinderhealth.
2. Users should not share their account details with someone else
3. Users should use website for lawful purposes only
4. Users are only responsible for the conduct and any data you submit,post or display
5. Users should authorize that Kinderhealth to contact you via Email ID, Mobile

User Content on the website:

1. The WebsApp/App allows users to post content. Owner claims no ownership rights over the user's content creation.
2. User not to post,store,transmit,create or share any user content that:
a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person
b) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets)

Cancellation or rescheduling sessions:

You can cancel or reschedule a session booked on KinderHealth up to 24 hors before the schedule time

User and expert interactions:

1) Both of them should maintain a healthy relationship and agree not to engage in any other form of interaction on the platform.
2) In case of inappropriate behaviour KinderHealth will not be liable in any form.
3) Both of the parties can report/mail inappropriate behaviour on KinderHealth EmailID

Plan changes, Cancellations and Refunds:

1) Users can cancel the schedule on the Web App/App. KinderHealth will review the request and refund the amount to the account
2) In case user request a refund after consuming session then the amount will not be refunded.In case multiple sessions are booked then Kinderhealth will review and refund the amount

Payment

1) We may charge for counselling, storytelling and courses. Before availing any such Service, we will apprise the user of the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
2) User(s) can make payments through any of the following available options:
a) Internet Banking
b) Debit/ Credit Cards
c) UPI
3) While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason

Privacy and Security:

1) You understand that by using the Website you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.
2) You understand that KinderHealth cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Links to Third Party websites:

The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein

Termination:

KinderHealth may terminate these Terms for any reason at any time. KinderHealth reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.

Disclaimers:

1. KinderHealth is not in the business of providing psychiatric care or treatment for severe mental illnesses including but not limited suicidal thoughts.
2. The advice or information provided by counsellors via the website is provided for informational purposes only and cannot be considered a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any counsellor.
3. You understand and agree that although a Counsellor may be a qualified clinical or counselling psychologist or other mental health professional. KinderHealth disclaims any and all liability for any consultation and therapy services rendered by a Counsellor to you through the Website. You further acknowledge and agree that you take full responsibility for the decision to access a Expert through the Website and to continue to interact with such individual(s), and that the role of KinderHealth is strictly limited to providing access to such Counsellors to you.
4. The website is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel. You may find contacts of such emergency services here

Warranty:

1. The website is provided on an "as is" basis and use of the website is at the user's risk. To the maximum extent permitted by applicable law, the website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from felicity or through the website will not create any warranty not expressly stated herein. Without limiting the foregoing,KinderHealth its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the website is accurate, reliable or correct; that the website will meet your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the website is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the website.
2. KinderHealth does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or service, and KinderHealth will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Exceptions and Limitations:

1. The Owner does not make any representation or warranty as to the quality or value of the services offered on the Website, or availability of Counsellor(s). Owner does not implicitly or explicitly support or endorse any services on the Website.KinderHealth shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
2. While Owner carries out background checks and verifications on all Counsellors, you understand and acknowledge that KinderHealth does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Counsellor, or any service, advice, opinion, recommendation provided by a Counsellor. Nothing contained in these Terms, the Website or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Counsellor; (b) the Website or (c) any service, advice, opinion, recommendation made available via the Website or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the Website.
3. You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
4. You agree that KinderHealth is not responsible for, and does not endorse, User Content posted within the Website. KinderHealth does not have any obligation to pre-screen, monitor, edit, or remove any User Content. If your User Content violates these Terms, you shall be solely responsible for any legal consequences with respect to such User Content.
5. While KinderHealth is under no obligation to pre-screen any user or counsellor content, it reserves the right to remove any User Content from the Website for any reason, without prior notice. User Content removed from the Website may continue to be stored by KinderHealth, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. KinderHealth will not be liable to you for any modification, suspension, or discontinuation of the Website, or the loss of any User Content.
6. We may, without prior notice, change the Website, stop providing the Website or features of the Website, to you or to Users generally, or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

Children under 13:

In the event that the Site or Service is used by individuals under the age of 13, KinderHealth will comply with the Children's Online Privacy Protection Act.

We do not knowingly collect personal information from children under the age of 13 without prior consent of their parent or legal guardian. In order to become a Member, a child under 13 must provide a nickname, password and parent or legal guardian email address. We use that parent or legal guardian email address to request consent from the parent or legal guardian before allowing the child to register, in accordance with the requirements set forth in the Children's Online Privacy Protection Act ("COPPA"). If we do not receive consent or if we do not receive a response, we delete the child's and parent's or legal guardian's information.

We collect only the minimally required personal information from children under 13, and do not condition participation by them in any KinderHealth feature with a request for personal information.

Parents or legal guardians may listen to the story session with the child

Our systems employ filters for Stories and Comments that are intended to prevent the communication of both personal information and age-inappropriate words and phrases. In addition to filters, we may employ moderation and/or encourage other users to flag inappropriate communications. No filtering system can be perfect, so we encourage all Members to never provide personal information about themselves or any third party, and never to attempt to circumvent our filters or moderation.

In the case of Regular Members, parents or legal guardians of a minor child may also review or request that we delete their child's personal information, ask us to deactivate their child's account, or revoke any consents they have provided for their child by contacting us. Note that we may take reasonable steps to verify your identity and your relationship to the child before completing your request.

Teleconsultation:

By signing up, you consent to avail consultation via telemedicine. You agree that you know the potential risks, consequences and benefits of tele consultation. You will ask the doctor, if you do not understand any of the information provided in the prescription. You will stop prescribed medicines in case of any adverse reaction/side effects. You will contact the doctor immediately or go to the nearest registered medical practitioner for in-person consultation.

Note :

1. Accepting this will facilitate
a) To understand what information and history is required for effective consultation. Adequate and reliable information that is required for arriving at a provisional /definitive diagnosis.
b) Arriving at diagnosis and planning treatment management than documentation.
c) Psychiatrist to effectively spend time with the patient during consultation rather than during the consultation.
d) Please do remember that online consultation time is fixed per session. The average online consultation time is approximately 10 to 15 minutes, which is similar to in-person consultation time.
e) Accepting this consent is optional for patient/family members.
f) This proforma will be retained in the patient's file in the hospital along with a copy of all the investigations and a copy of the prescription.

2. Information to the patient and patient's family members
g) Presence of patient is advisable during the telemedicine consultation. This is as per the Telemedicine Practice Guidelines 2020 and Mental Healthcare Act, 2017
h) The Telemedicine Practice Guidelines have stated (Code 4.1.1.2) that the patient / patient's family member will be responsible for the accuracy of the information shared with the doctor. Please read Telemedicine Practice Guidelines available online from MoHFW, New Delhi (Available online at https://www.mohfw.gov.in/pdf/Telemedicine.pdf)
i) If symptoms are severe and/or severe side effects of medicines and/or emergency care is required, please do not wait for a telemedicine consultation appointment. Please do in-person consultation at the nearest psychiatrist or registered medical practitioner at the earliest.
j) Neither of the party (patient/patient's party or psychiatrist) will not do audio or video recording, without prior explicit consent. Covert recordings (audio or video) are illegal since everyone being recorded must consent to be recorded. Explicit consent is must from all the parties.

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