Terms & Conditions

i Kenko Health Tech Private Limited, on behalf of itself and its affiliates/group companies under the brand "Kenko" (“Kenko”), is the author and publisher of the internet resource www.kenko-health.in and the mobile application ‘Kenko’ (together, “Website”). Kenko owns and operates the services provided through the Website.

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1.NATURE AND APPLICABILITY OF TERMS

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Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.kenko-health.in/company/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Kenko.

 

These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Kenko in connection with your visit to the Website and your use of the Services (as defined below).

The Agreement applies to you whether you are -

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1. A medical practitioner or health care provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such practitioners or institutions (“Practitioner(s)”, “you” or “User”); or

2. A patient, his/her representatives or affiliates, searching for Practitioners through the Website (“End-User”, “you” or “User”); or

3. Otherwise a user of the Website (“you” or “User”).

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This Agreement appliers to those services made available by Kenko on the Website, which are offered free of charge or otherwise to the Users (“Services”), including the following:

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1. For Users: Facility to (i) create and maintain ‘Health Accounts’, Health Score and rewards (ii) search for Health service offerings by name, specialty, and geographical area, or any other criteria that may be developed and made available by Kenko, and (iii) to make appointments with Practitioners or buying other services.

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

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

By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

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

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

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

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

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1. the Indian Contract Act, 1872,

2. the (Indian) Information Technology Act, 2000, and

3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

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2.CONDITIONS OF USE

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

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3.TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN PRACTITIONERS

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

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3.1 END-USER ACCOUNT AND DATA PRIVACY

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

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

3.1.3 The Website allows Kenko to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice.

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3.1.4 The Privacy Policy sets out, inter-alia:

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1. The type of information collected from Users, including sensitive personal data or information;

2. The purpose, means and modes of usage of such information;

3. How and to whom Kenko will disclose such information; and,

4. Other information mandated by the SPI Rules.

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

1. the fact that certain information is being collected;

2. the purpose for which the information is being collected;

3. the intended recipients of the information;

4. the nature of collection and retention of the information; and

5. the name and address of the agency that is collecting the information and the agency that will retain the information; and

6. the various rights available to such Users in respect of such information.

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

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

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

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

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3.1.10 Against every Practitioner listed in Kenko.com, you may see a ‘show number’ option. When you choose this option, you choose to call the number through a free telephony service provided by Kenko, and the records of such calls are recorded and stored in Kenko’s servers. Such call will have an IVR message stating the purpose of recording your calls and your consent to such recordings which are dealt with as per the Privacy Policy. Such records may be accessed by Kenko for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by Kenko should be used only for appointment and booking purposes, and not for consultation on health-related issues. Kenko accepts no liability if the call facility is not used in accordance with the foregoing. Kenko may also choose to not use this facility and show the practitioner's direct number. In case you choose to not provide your consent to recording your calls that may have personal information required for appointment and booking purposes, Kenko reserves the right to not provide the Services for which such personal information is sought.

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3.2 ALGORITHM

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Kenko’s various algorithms for the users is a fully automated system that lists the services and related information regarding their usage on its Website. These listings of Practitioners do not represent any fixed objective ranking or endorsement by Kenko. Kenko will not be liable for any change in the relevance of the services on search results, which may take place from time to time. The listing of services will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. Kenko in no event will be held responsible for the accuracy and the relevancy of the listing order of the services on the Website.

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3.3 LISTING CONTENT AND DISSEMINATING INFORMATION

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• 3.3.1Kenko collects, directly or indirectly, and displays on the Website, relevant information regarding the services listed on the Website, such as purpose, usage, potential benefits and similar details. Kenko takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Kenko screens and vets the information and related details submitted by the service providers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

• 3.3.2The Services provided by Kenko or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Kenko does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Kenko does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Kenko disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Kenko or any User in relation to any User or services provided by such User.

• 3.3.3The Website may be linked to the website of third parties, affiliates and business partners. Kenko has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Kenko endorses the linked site. User may use the links and these services at User’s own risk.

• 3.3.4Kenko assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.

• 3.3.5If Kenko determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Kenko reserves the right to immediately suspend your access to the Website or any of your accounts with Kenko and makes such declaration on the website alongside your name/your clinic’s name as determined by Kenko for the protection of its business and in the interests of Users. You shall be liable to indemnify Kenko for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Kenko or its Users.

 

3.4 BOOK APPOINTMENT AND CALL FACILITY

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Kenko enables Users to connect with Practitioners through two methods: a) Book facility that allows Users book an appointment through the Website; b) Value added telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

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• 3.4.1 Kenko will ensure Users are provided confirmed Appointment on the Book facility. However, Kenko has no liability if such an Appointment is later cancelled by the Practitioner, or the same Practitioner is not available for Appointment. 

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

• 3.4.3 The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Kenko of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

• 3.4.4 Without prejudice to the generality of the above, Kenko is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Kenko will not be liable for:

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Practitioner includes other health service provider throughout the agreement

1. User interactions and associated issues User has with the Practitioner;

2. the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;

3. any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);

4. inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;

5. any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;

6. cancellation or no show by the Practitioner or rescheduling of booked Appointment or any variation in the fees charged, 

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3.4.5 Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with Applicable law. User however understands that, Kenko shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.

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• Kenko reserves the right to make the final decision in case of a conflict. The total aggregate liability of Kenko with respect to any claims made herein shall be INR 100.

 

3.4.7 Cancellation and Refund Policy

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1. In the event that, the Practitioner with whom User has booked a paid Appointment via the Website, has not been able to meet the User, User will need to write to us at support@kenko-health.in within five (5) days from the occurrence of such event; in which case, the entire consultation amount as mentioned on the Website will be refunded to the User within the next five (5) to six (6) business days in the original mode of payment done by the User while booking. In case where the User, does not show up for the Appointment booked with a Practitioner, without cancelling the Appointment beforehand, the amount will not be refunded, and treated as under Clause 3.4.6. However, where cancellation charges have been levied (as charged by the Practitioner/Practice), you would not be entitled to complete refund even if you have cancelled beforehand.

2. Users will not be entitled for any refunds in cases where, the Practitioner is unable to meet the User at the exact time of the scheduled Appointment time and the User is required to wait, irrespective of the fact whether the User is required to wait or choose to not obtain the medical services from the said Practitioner.

 

3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE

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

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

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

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3.6 REVIEWS AND FEEDBACK

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

You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals. The role of Kenko in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Kenko disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Kenko shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

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

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1. Obtaining feedback in relation to Website or Kenko’s services; and/or

2. Obtaining feedback in relation to any Practitioners listed on the Website; and/or

3. Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;and you agree to provide your fullest co-operation further to such communication by Kenko. Kenko’s Feedback Collection and Fraud Detection Policy is annexed as the Schedule here to and remains subject always to these Terms.

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3.7 RECORDS

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Kenko may provide End-Users with a free facility known as ‘Records’ on its mobile Application ‘Kenko’. Information available in your Records of:

1. User-created: Information uploaded by you or information generated during your interaction with Kenko ecosystem, e. g: Appointment, medicine order placed by you.

The specific terms relating to such Health Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:

• 3.7.1 Your Records is only created after you have signed up and explicitly accepted these Terms.

• 3.7.2 Health Record is provided on an as-is basis at the sole intent, risk and responsibility of the Practitioner and Kenko does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Health Record in any manner.

• 3.7.3 The Health Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, Kenko is not liable for any interruption that may be caused to your access of the Services.

• 3.7.4 The reminder provided by the Records is only a supplementary way of reminding you to perform your activities as prescribed by your Practitioner. In the event of any medicine reminders provided by Kenko, you should refer to your prescription before taking any medicines. Kenko is not liable if for any reason reminders are not delivered to you or are delivered late or delivered incorrectly, despite its best efforts. In case you do not wish to receive the reminders, you can switch it off through the Kenko Credits.

• 3.7.5 It is your responsibility to keep your correct mobile number and email ID updated in the Records. The Health Records will be sent to the Records associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Kenko is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Kenko.

• 3.7.6 Kenko uses industry–level security and encryption to your Health Records. However, Kenko does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Kenko of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to support@kenko-health.in.

• 3.7.7 If you access your dependents’ Health Records by registering your dependents with your own Records, you are deemed to be responsible for the Health Records of your dependents and all obligations that your dependents would have had, had they maintained their own separate individual Records. You agree that it shall be your sole responsibility to obtain prior consent of your dependent and shall have right to share, upload and publish any sensitive personal information of your dependent. Kenko assumes no responsibility for any claim, dispute or liability arising in this regard, and you shall indemnify Kenko and its officers against any such claim or liability arising out of unauthorized use of such information.

• 3.7.8 In case you want to delete your Records, you can do so by contacting our service support team. However only your account and any associated Health Records will be deleted, and your Health Records stored by your Practitioners will continue to be stored in their respective accounts.

• 3.7.9 You may lose your “User created” record, if the data is not synced with the server.

• 3.7.10 If the Health Record is unassessed for a stipulated time, you may not be able to access your Health Records due to security reasons.

• 3.7.11 Kenko is not liable if for any reason, Health Records are not delivered to you or are delivered late despite its best efforts.

• 3.7.12 The Health Records are shared with the phone numbers that are provided by your Practitioner. Kenko is not responsible for adding the Heath Records with incorrect numbers if those incorrect numbers are provided by the Practitioner.

• 3.7.13 Kenko is not responsible or liable for any content, fact, Health Records, medical deduction or the language used in your Health Records whatsoever. Your Practitioner is solely responsible and liable for your Health Records and any information provided to us including but not limited to the content in them.

• 3.7.14 Kenko has the ability in its sole discretion to retract Health Records without any prior notice if they are found to be shared incorrectly or inadvertently.

• 3.7.15 Kenko will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.

• 3.7.16 You agree and acknowledge that Kenko may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.

• 3.7.17 You acknowledge that the Practitioners you are visiting may engage Kenko's software or third party software for the purposes of the functioning of the Practitioner’s business and Kenko's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the Applicable laws.

• 3.7.18 To the extent that your Records have been shared with Kenko or stored on any of the Kenko products used by Practitioner’s you are visiting, and may in the past have visited, You hereby agree to the storage of your Records by Kenko pertaining to such previously visited clinics and hospitals who have tie ups with Kenko for the purposes of their business and for Kenko's services including but not limited to the usage and for storage of Records (as defined in Section 3.10) in India and outside India, in accordance with the Applicable laws and further agree, upon creation of your account with Kenko, to the mapping of such Records as may be available in Kenko’s database to your User account.

 

3.8 Kenko Q&A

3.8.1Terms for Practitioners:

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1. Every Practitioner on the Q&A Platform must be qualified in the area of expertise that he represents as being his qualification.

2. The Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. The Q&A Platform is not for emergency situations.

3. Any Q&A interaction cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.

4. Kenko Users may post questions on medical issues (“Querist”), and these queries can be answered by multiple Practitioners on the Q&A Platform. It is expressly clarified that no doctor-patient relationship is established between the Querist and Practitioner, in any manner whatsoever, by indulging in this Q&A.

5. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted by a Querist. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.

6. Practitioner shall not share their personal, religious and/or moral views with the Querist while issuing their response.

7. The Practitioner cannot issue and/or prescribe any medicines on the Q&A platform. It is a platform for only exchange of information and not a consultation/ medical advice.

8. The Practitioner is absolutely and expressly prohibited to:

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1. Provide a medical diagnosis;

2. Issue a prescription;

3. Post any response which comprises of any derogatory language, objectionable, pornographic and /or offensive content;

4. Advertise any brand of drugs, supplements, vaccines and medications, in any manner of whatsoever;

5. Advertise to/solicit patients in any manner including without limitation by way of using social media handles, including without limitation, facebook, twitter etc., telephone/ mobile numbers, youtube, and address;

6. Promote content and activities which are illegal in nature;

9 In the event of any breach of these QA T&C, Kenko will take Appropriate action inter alia ranging from issuing warnings to removal of Practitioner from the Q&A Platform, in its sole and absolute discretion, on a case to case basis.

10. Any liability arising out of the response issued by a Practitioner will be borne solely by the Practitioner. Q&A Platform is only a platform interface provided by Kenko for sharing and exchanging information purposes.

11. The Q&A Platform shall be audited on a regular basis by Kenko for ascertaining compliance by the Practitioner to Paragraph 6, and the Practitioners consent to the same. It is clarified that the said audit is not conducted for the purpose of quality check or validation of responses issued by Practitioner.

12. All general Kenko Terms and Conditions shall govern the QA T&C to the extent Applicable. Decision of Kenko is final and binding on the issues arising under the QA T&C and Kenko Terms and Conditions.

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3.9.2Terms for User/Querist:

1. The personally identifiable information of the querist shall be anonymized by Kenko prior to posting the question on the Q&A Platform;

2. Q&A Platform is a public forum for exchange of information, hence, any question posted by a querist is visible publicly. It is advisable for a User to ensure that no confidential information is published by them on the Q&A Platform.

3. User shall not use the Q&A Platform for emergency situations.

4. The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;

5. Any response provided by the Practitioner shall not be construed as medical advice on the Q&A Platform. Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.

6. It is expressly clarified that no doctor-patient relationship is established between the user and Practitioner, in any manner whatsoever, by indulging in this Q&A. The Practitioner may provide probable views, recommendations, suggestions and solutions to the question posted. However, it is expressly clarified that any such view, recommendation, suggestion and solution shall not be construed as medical advice. The person in question (being Querist or not) is advised to consult with a doctor in this regard.

7. All general Kenko Terms and Conditions shall govern the QA T&C to the extent Applicable. Decision of Kenko is final and binding on the issues arising under the QA T&C and Kenko Terms and Conditions.

 

3.10 KENKO Credits

• 3.10.1 Kenko HealthCash is a grant of benefit in the form of credits in the Kenko accounts of the Users (“Kenko Credits”) in the form and under such circumstances decided by Kenko from time to time.

• 3.10.2 Kenko Credits can be redeemed by the User only to pay online for the following services on the Website:

1. Ordering medicines online;

2. Consulting a doctor online;

3. Booking diagnostic tests and health check-ups;

4. Pre-paying for doctor Appointment bookings; and

5. Subscribing to Healthcare plans.

6. Any other services as and when available

(The above services on the Website are collectively referred to as “Permitted Services”.)

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• 3.10.3 Every time a User using (i) Android version 4.31 or above; or (ii) iOS version 4.24 or above of the Kenko mobile Application; or (iii) the Kenko website (www.kenko-health.in), uses Credits to pay online for any of the Permitted Services availed by him/her, only such percentage of the total amount to be paid for the availed Permitted Services, as may be prescribed by Kenko from time to time on the respective Kenko mobile Application or website ( www.kenko-health.in ), can be redeemed by such User using the Kenko Credits per transaction.

• 3.10.4 Kenko Credits neither can be converted to actual money nor can be transferred to any bank accounts.

• 3.10.5 The Kenko Credits received by each User may or may not have an expiry date associated with it and the said expiry date is subject to the following:

1. The expiry date associated with Kenko Credits may vary from time to time. However, the same cannot exceed beyond 2 (Two) years

2. The expiry date of Kenko Credits may be intimated to each User by way of SMS or e-mail or in-Credits notification on the Website.

3. The expiry date of Kenko Credits can be viewed by each User in the designated page for Credits in the Website.

4. The User acknowledges that Kenko has agreed to offer Kenko Credits in its sole discretion. Nothing in these Terms shall be interpreted to restrict Kenko’s right to withdraw the Kenko Credits before the expiry date.

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• 3.10.6 Kenko reserves its discretion to deny Kenko Credits to any User in its sole discretion, notwithstanding compliance by such User of the requirements set out in the Terms, Applicable law or otherwise.

• 3.10.7 Other than the conditions set out in these Terms, accrual, utilization, expiry or any other treatment of Kenko Credits may be further restricted by the terms governing the specific service or facility offered by Kenko or its business associates, the procurement of which entitles Kenko Credits to a User (“Credits Terms”). In the event of any inconsistency between these Terms and the Credits Terms in relation to accrual, utilization, expiry or any other treatment of Kenko Credits by a User, the Credits Terms shall override these Terms to the extent of such inconsistency.

4. Health Score: Kenko will use its proprietary algorithm to generate health score for its members based on questions answered by members at the time of enrolments and diagnostics done and other questions answered from time to time. Kenko will not share the logic of calculation of health score with members and health score no way claims to represent the state of health of member. It is a measure to give points to members basis the health and other parameter entered by members for internal workings of Kenko and offering various services and benefits. This health score algo will keep on updating as and when new data or information is available.

5.RIGHTS AND OBLIGATIONS RELATING TO CONTENT

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

1. belongs to another person and to which the User does not have any right to;

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

3. harm minors in any way;

4. infringes any patent, trademark, copyright or other proprietary rights;

5. violates any law for the time being in force;

6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

7. impersonate another person;

8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

5.2 Users are also prohibited from:

1. violating or attempting to violate the integrity or security of the Website or any Kenko Content;

2. transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Kenko;

3. intentionally submitting on the Website any incomplete, false or inaccurate information;

4. making any unsolicited communications to other Users;

5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

7. copying or duplicating in any manner any of the Kenko Content or other information available from the Website;

8. framing or hot linking or deep linking any Kenko Content.

9. circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

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

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

5.5 Kenko may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by Applicable law, and you hereby consent to such transfer. The SPI Rules only permit Kenko 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 Kenko as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Kenko or any person on its behalf and the User or where the User has consented to data transfer.

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

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6.TERMINATION

6.1 Kenko reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

1. Such User breaches any terms and conditions of the Agreement;

2. A third party reports violation of any of its right as a result of your use of the Services;

3. Kenko is unable to verify or authenticate any information provide to Kenko by a User;

4. Kenko has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

5. Kenko believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Kenko or are contrary to the interests of the Website.

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

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7.LIMITATION OF LIABILITY

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

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1. provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Website;

2. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;

3. any unauthorized access to or alteration of your transmissions or data; or

4. any other matter relating to the Website or the Service.

5. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

 

8.RETENTION AND REMOVAL

Kenko may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

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9.APPLICABLE LAW AND DISPUTE SETTLEMENT

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

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

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

 

10.CONTACT INFORMATION GRIEVANCE OFFICER

• 10.1 If a User has any questions concerning Kenko, the Website, this Agreement, the Services, or anything related to any of the foregoing, Kenko customer support can be reached at the following email address: support@kenko-health.in or via the contact information available from the following hyperlink: www.kenko-health.in/contact.

• 10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Mr Ram Gupta

iKenko HealthTech Pvt Ltd
Golden tower, Sunder nagar,

Mumbai - 400098.
Email: privacy@Kenko-health.in

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In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

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11.SEVERABILITY

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

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12.WAIVER

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

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13. KENKO HEALTH PLAN – USER TERMS AND CONDITIONS

For the purposes of the following terms and conditions (“Kenko Health Plan Terms”), the service provided to You (as defined below) is facilitation of consultation and other benefits, as detailed hereinafter, with the Practitioners (healthcare providers including all its doctors, agents, employees) registered pharmacies which facilitate the medicine orders (“Registered Pharmacies”) and diagnostic centres which conduct diagnostic tests (“Diagnostic Centres”), discount in hospitals for treatments taken after admission for 24 hours and other benefits the Kenko may offer in future, as a part of the subscription to the Kenko Health Plan (“Health Plan Service” / “Plan”). Kenko operates and facilitates the Health Plan Service provided through the Website.

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14.1 NATURE AND CREDITSLICABILITY OF TERMS

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

These Kenko Health Plan Terms apply to any person who subscribes to the Health Plan Service on behalf or for the benefit of a patient, either individually or inclusive of his/her family members / relatives. The primary user is required to be registered on the Website and should have subscribed to the Health Plan Service. For the purposes of these Kenko Health Plan Terms, the primary subscriber to the Health Plan Service is an individual designed as primary user (“Primary User”) in the Plan Page (as defined hereafter), who subscribes to the Health Plan Service either individually and/or for benefit of other members, which could include any other individual nominated by the Primary Member (hereinafter collectively known as the “Covered Members”). The Covered Members and a Primary User are collectively and individually hereinafter referred to as the “You” / “Your” / “User” / “Users”. As a part of availing the Health Plan Service, You may choose different packages available pursuant to the Health Plan Service / Plan which best suits Your needs as per the plan details set out in your Kenko Application (“Plan Details”). The User specific details will be visible to You on Your purchased plan page (“Plan Page”) hosted on Your Kenko Application.

If you have any questions about any part of these Kenko Health Plan Terms, feel free to contact us at support@kenko-health.in.

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

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

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

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

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14.2 CONDITIONS OF USE

You must be eighteen (18) years of age or older to register on the Website for availing the Health Plan Service as a Primary User. As a Primary User, You can add minors as Covered Member(s) under the Health Plan Service availed and subscribed to with the express understanding that the Primary Member shall be entirely responsible and liable on all counts for compliance with these Kenko Health Plan Terms for and on behalf of such Covered Member who is below the age of majority. By registering, visiting and using the Website for availing the Health Plan Service or accepting these Terms and the Standard Policies, You represent and warrant to Kenko that You are eighteen (18) years of age or older and have the Appropriate authorization to contract on behalf of a Covered Member who is below the age of majority, and that You have the right, authority and capacity to use the Website for availing the Health Plan Service and agree to and abide by these Terms.