Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THE AFFORDPLAN ECOSYSTEM AND ANY PAGES THEREOF , YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE BELOW AND/OR ANY SUCH TERMS AND CONDITIONS OF USE AS ARE COMMUNICATED ON THE PAGES THEREOF. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE BELOW AND/OR ANY SUCH TERMS AND CONDITIONS OF USE AS ARE COMMUNICATED ON THE PAGES THEREOF, DO NOT ACCESS ANY PLATFORM, OR ANY PAGES THEREOF. USERS ARE CAUTIONED AGAINST RESPONDING TO CALLS OR EMAILS SOLICITING PAYMENT FROM WEBSITES CLAIMING TO OFFER SIMILAR SERVICES UNDER THE NAME OUR COMPANY.

This document is an electronic record in terms of the Information Technology Act, 2000 and rules framed thereunder, as applicable and in accordance with such other applicable provisions under applicable laws pertaining to electronic records in various statutes (as amended from time to time).

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011 which require the publishing of the rules and regulations, Privacy Policy (as defined hereinbelow) and Terms (as defined hereinbelow) for access or usage of the Affordplan Ecosystem (as defined hereinbelow) and compliance with Digital Personal Data Protection Act, 2023. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Affordplan is operated by Usekiwi Infolabs Private Limited, a company incorporated in India (“Company” or “Affordplan”). These Terms govern your use of our website www.affordplan.com (“Website”), our “Affordplan Swasth” mobile application (“Swasth Platform”), and our affiliated “Affordplan Wellness” e-commerce platform (“Wellness Platform”), which is operated by our subsidiary, Usekiwi Infosolutions Private Limited and any other services/ platform as may be introduced by the Company and/ or its subsidiaries and/ or its Associates (“Group Companies”). Collectively, these are referred to as the “Affordplan Ecosystem”.

These Terms govern the User’s (as defined hereinbelow) engagement with the Affordplan Ecosystem and the User’s access to and use of the Services offered thereon by the Group Companies. The terms “you”, “your”, and “yours” refer to any User of the Affordplan Ecosystem, including End Users, Permitted Users, or any other person accessing or using the Platforms. The terms “we”, “us”, and “our” refer to Usekiwi Infolabs Private Limited, its subsidiary Usekiwi Infosolutions Private Limited, and their respective affiliates, collectively referred to as the Company.

By agreeing to these Terms, You also agree to our other policies; including but not limited to privacy policy (“Privacy Policy”), as displayed on the Website and amended from time to time. The terms capitalised herein are defined in the Glossary hereto and any such terms not defined shall derive their meaning from the User Agreement or the Merchant Agreement as the case may be.

1. ACCESSING THE PLATFORM

The Affordplan Ecosystem provides access to the Company’s digital platforms, namely the Swasth Platform and the Wellness Platform, along with their associated products, services, and features or any other services as may be introduced or launched by the Group Companies (collectively referred to as the “Services”). These Services are made available to Users through the Affordplan mobile applications and/or website, as may be updated or modified from time to time or any other platform as may be operated by the Group Companies.

The Affordplan Ecosystem, including all content, features, and functionalities available through the Swasth Platform and the Wellness Platform or any other platform, along with its associated products, Services, or subscribed-to items (whether or not remunerated by the User), is expressly intended for the exclusive utilization of the Users.

We will from time to time make available the Affordplan Ecosystem updates to improve performance, fix bugs or errors, enhance functionality, reflect changes to the operating system or address security issues. We recommend that you install these updates, and in case of major updates, the Affordplan Ecosystem or any platform and/or the Services may not function unless you install these major updates.

The Company reserves the right to restrict, modify, or discontinue any portion of the Affordplan Ecosystem or any Service, temporarily or permanently, with or without notice, to ensure system integrity, comply with legal requirements, or undertake technical maintenance.

2. REGISTRATION AND ACCEPTANCE

Account creation of the End User (Swasth Platform)

• You will be required to register on the Swasth Platform and share Your details to access the Swasth Platform and utilise the Services offered thereon. For this purpose, You agree to share the required details in order to create an account with the Swasth Platform. Further, the End User shall indicate a User name for the account and an associated password (hereinafter referred to as ‘End User Account’).
• The End User shall be required to confirm that they have read and abide by these Terms and the User Agreement as displayed on the Swasth Platform before the completion of signing up for the End User Account.
• The End User shall pay a one-time non-refundable registration fee at the time of registration (unless otherwise offered by the Company). The registration fees shall be valid for a period of 1 (one) year from the date of activation. Upon expiry of the 1 (one) year validity period, the Company may charge renewal fees from the End Users for continued access to the Swasth Platform and its Services. The renewal fees applicable shall be notified to the Users before the expiry of the validity period. Non-payment of renewal fees may result in suspension or termination of the User's account and access to the Services as per the Company's policies and including immediate expiry of Swasth Points.
• The End User shall be responsible for maintaining the confidentiality of the username and password. Additionally, the End User shall be responsible for all activities associated with the End User Account.
• The End User hereby acknowledges that one account (one mobile no. and email id) can be used for making payments to one Merchant through the Swasth Platform and for payments to be made to any other Merchant shall be done through a different account (different mobile no. and email id).
• The End User hereby acknowledges that the account will be activated only upon receipt of required details by the Company and any additional details as may be required from time to time, and the Company may at its sole discretion reject the activation of the account.
• The End User agrees that the Company shall not be liable for the activities or consequences of the use or misuse of any information in the End User Account in cases, including, where the End User shared the login details with any third person or has failed to update the mobile phone number and/or e-mail address on the Swasth Platform.

Account creation of the Permitted User

• The Permitted User will be provided with unique login credentials (hereinafter referred to as ‘Permitted User Account’), which can be accessed by its employees, staff or representatives only upon execution of the Merchant Agreement.
• The Permitted User shall be responsible for maintaining the confidentiality of the username and password. Additionally, the Permitted User shall be responsible for all activities associated with the Permitted User Account.
• For the purposes of this section, the Permitted User shall be responsible for the acts of its employees, staff or representatives and shall indemnify the Company.

Account Creation for the Wellness Platform and Single Sign-On (SSO)

• The Wellness Platform enables Users to browse and purchase wellness products offered by independent vendors through the Wellness Platform.
• Access to the Wellness Platform shall be provided to End Users through a single sign-on (SSO) mechanism integrated with the Swasth Platform (“SSO Login”). End Users registered on the Swasth Platform may access the Wellness Platform using their existing Swasth credentials, without requiring a separate registration.
• By using the SSO Login, the End User expressly consents to the sharing of limited personal data (such as name, contact details, and authentication information) between the Swasth Platform and the Wellness Platform, for the purpose of authentication, enabling single sign-on access, maintaining a unified user experience across both platforms, and facilitating the offering of health and wellness products.
• The Company shall ensure that only such personal data as is necessary for login and access is shared. No sensitive personal data (including health-related data) shall be shared with the Wellness Platform unless the User provides separate, explicit consent in accordance with applicable law.
• Users shall have the right, at any time, to withdraw their consent for SSO access or unlink the Wellness Platform from their Swasth Account through their account settings. Upon such withdrawal, no further personal data shall be shared between the platforms, and the User shall continue to retain full access to the Swasth Platform.
• The Company may, from time to time, request Users to revalidate or update their consent preferences for continued access under the SSO system, in accordance with applicable laws and the Privacy Policy of the Company.
• All registration, login, and data usage processes across both the Swasth and Wellness Platforms shall be governed by these Terms and the Privacy Policy, as updated from time to time.

Upon introduction of any new platform, the Company may communicate to the User updated Terms of Use with specifics of the new platform as may be introduced/ launched by the Company and/ or its Group Companies.

3. ACCESS TO DASHBOARD FOR THE END USER

After the End User has registered on the Swasth Platform (or via Single Sign-On with the Wellness Platform), the Company will provide the End User with access to the dashboard. With access to the dashboard, the End User will be able to (i) View and explore the Services offered by the Company or its Group Companies on the Wellness Platform; (ii) Make payments for the Services displayed on either platform; and (c) avail of any other additional Services made available through the Swasth Platform and/or Wellness Platform. The dashboard shall be accessed using a Login ID and Password, or the applicable SSO credentials. The End User is solely responsible for maintaining the confidentiality and security of such credentials and for all activity conducted through their account. The End User shall not share, transfer, or permit any third party to access the dashboard using their credentials. Any action performed using the End User’s credentials shall be deemed to have been performed by the End User, and the Company shall not be liable for any unauthorized access arising from the End User’s failure to safeguard the credentials.

We shall make the Services available through the dashboard once we have received all the required documents and the End User has accepted these Terms and the terms and conditions stipulated in the User Agreement for availing the Services of the Company.

Where the End User accesses Services via SSO with the Wellness Platform, the End User acknowledges and agrees that: (i) Information provided on one platform (Swasth or Wellness) may be used to enable or enhance Services on the other platform; (ii) The Company may display Services from both platforms through a unified dashboard, and may provide seamless access to cross-platform features; and (iii) Any communications, notifications, or billing arising from cross-platform usage shall be considered valid and binding as if performed on the platform on which the End User is registered.

4. PAYMENT OBLIGATIONS OF THE END USER

While availing any of the Payment Options available on the Swasth Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the End User due to any of the following:

• Lack of authorisation for any Transaction/s; or
• Exceeding the preset limit mutually agreed by the End User and "Bank/s"; or
• Any payment issues arising out of the Transaction; or
• Decline of Transaction for any other reason/s; or
• RBI and banking regulations applicable to the End User including but not limited to KYC compliance.

Swasth Platform offers an integrated payment platform that offers a secure and user- friendly process to facilitate Transactions for availing Healthcare Services and other Services of the Company.

All payments made towards the Services through the Swasth Platform shall be compulsorily in Indian Rupees acceptable in the Republic of India. Swasth Platform will not facilitate Transactions with respect to any other form of currency with respect to the purchases made on Swasth Platform.

Any payment if withheld and not transferred to the Permitted User for any reason whatsoever, the same shall be dealt with by the Company in accordance with the refund policy of the payment platforms and as may be communicated to the End User.

Please note that:

• Use of the Services of the Company shall not render the Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties or non-performance of Healthcare Services or fraud with respect to Healthcare Services provided by the Merchants.
• You have specifically authorized the Swasth Platform or its Service Providers to collect, process, facilitate and remit payments and/or the Transactions electronically to and from other Users in respect of Transactions through the Payment Options. The End User relationship with the Company is on a principal-to-principal basis and by accepting these Terms, the End User agrees that the Company is an independent contractor for all purposes.
• The End User understands, accepts and agrees that the Payment Options provided by the Swasth Platform shall not mean banking or financial service but a facilitation or accessibility provider to avail the Services of the Company, the Healthcare Services of the Merchants or the services of the Service Providers.

5. SWASTH POINTS

The Swasth Points on each Transaction will be based on the terms and conditions of the Merchants, in accordance to its own policies and as displayed on the Swasth Platform. In case the prices are higher or lower on the date of execution, any additional charges will be collected or refunded as the case may be, at the time of the execution of Services by the Merchants.

The Contract is brought into existence between (i) Merchants and the Customers and (ii) Merchants and the Company. The Company, as a facilitator, interacts with the Customer with authority to perform the agreed duties entrusted. Services are provided by the Merchants to the Customer. All monies collected by the Company belong to the Merchants. The Company is entitled to the fee for the Services, and the received amount is remitted after adjusting for such monies as may be agreed in terms of the Merchant Agreement

Swasth Points are virtual points earned by the End Users for payments made in pursuance of availing the Healthcare Services from the Merchant and making the payments through the AffordPlan App or in accordance with the terms of this Agreement.

The number of Swasth Points awarded per Transaction may vary depending on the Merchant and the specific Healthcare Services availed during such Transactions.

Swasth Points can be redeemed on future Healthcare Services at such facility operating under the same brand name, if allowed by the respective Merchant as appearing on the AffordPlan App.

Swasth Points shall have a fixed validity (which shall be communicated by the Merchant while onboarding the End User) from the last usage date of such Swasth Points, post which the Swasth Points shall lapse, unless the Merchant and the Company mutually decide to extend the validity of such Swasth Points.

Where the Merchant or the Company ceases its operations or where the arrangement between the Merchant and the Company is terminated the Merchant or the Company shall refund the amount of the Swasth Points to the respective End User in such form as may be decided by the Company at the time of refund, which may be subject to applicable charges at the discretion of the Merchant or the Company. The responsibility of refund shall be of the Merchant or the Company as may be agreed upon between the Merchant and the Company in terms of the Merchant Agreement.

Every effort will be made (but not as an obligation) by the Company for all contracts to be co-terminus so as to facilitate the optimization of balance in the account of the End User.

6. FRAUDULENT TRANSACTIONS

The Users shall not engage in any form of fraudulent transactions or criminal offences. Any fraudulent schemes or activities aimed at defrauding the Customers or the Merchant or the Service Providers while using the Swasth Platform shall be reported under the relevant law to the appropriate authorities. The Company reserves the right to withdraw its Services in such cases.

In the event that the Company is notified of an unauthorized debit reported by the End User, the Company shall be entitled to suspend settlement of the amount associated with the fraudulent transaction pending inquiries, investigations, and resolution by the payment gateway. If the fraudulent transaction results in a chargeback, it shall be resolved by the Swasth Platform only upon verification from the payment gateways.

Furthermore, the Company reserves the right to close, suspend, limit, or put on hold a User's access to their account and/or the funds available therein in the following scenarios:

• If the End User's KYC credentials are found to be ingenuine or fake.
• For violation of any provisions of these Terms or the Merchant Agreement or the User Agreement.
• For violation of any provisions of any other agreement that the User has entered into or might enter into with the Company.
• For violation of any applicable laws.

The right to close, suspend, limit, or put on hold on the End User's access account with the Company shall remain with the Company, in accordance with the extant rules, regulations, or guidelines regarding KYC, as well as to the satisfaction of the Company, without prejudice to any other legal remedy that the Company is entitled to pursue under applicable law.

The Company reserves the right to settle the amounts in excess from the Users, if under any Transaction the Company is paid less than as agreed.

7. RESPONSIBILITIES OF THE USERS

Responsibilities of the End User

• The End User shall have attained the age of 18 (Eighteen) years.
• The End User shall be capable of entering into a lawful contract and to be bound by these Terms.
• The End User shall comply with all applicable laws and regulations.
• The End User agrees that any liability in relation to any Healthcare Services availed from the Merchants shall solely be dealt with by the Merchants and any End User shall not have any claim whatsoever pertaining to these Healthcare Services against the Company.

Responsibilities of the Permitted User

• The Permitted User accepts these Terms on behalf of a Merchant.
• The Permitted User shall comply with all applicable laws and regulations.
• The Permitted Users shall be responsible for the Healthcare Services being offered or obtained, as the case may be and under any circumstances shall not hold the Company responsible for any deficiency, mistake or error. The Company’s responsibility shall be limited to the Services being provided to the Permitted Users.
• The Permitted User agrees to abide by the provisions of the applicable laws while providing these Healthcare Services and shall indemnify the Company for any third- party claims.

Responsibilities of the Users

No User shall undertake any unauthorized reproduction, download, recreation, sharing of passwords, sublicensing, or any form of distribution not in compliance with these Terms, if undertaken shall be treated as a misuse of the Affordplan Ecosystem or the Services. The Company retains the right to take appropriate actions to safeguard against loss of revenue, damage to reputation, or claims for damages. Such actions may include suspending Your Service or access, as well as reporting the matter to relevant authorities. In the event You are found to be copying, misusing, transmitting or crawling any data, photographs, graphics or any information available on the Affordplan Ecosystem for any purpose other than that being a bona fide purpose, the Company reserves the right to take such action that it deems fit including stopping access, suspending the account and claiming damages.

By utilizing the Affordplan Ecosystem, You expressly authorise the Company to utilise information pertaining to Your actions on the Affordplan Ecosystem for the purpose of displaying advertisements, offers, and other content, sponsored or otherwise, across our Services. This authorization is conferred without any requirement for compensation to You. The data and information concerning You are utilized to deliver relevant suggestions and recommendations to You and other Users.

The User to the Affordplan Ecosystem and/or its affiliated websites does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 and Digital Personal Data Protection Act, 2023 as also the rules, regulations, guidelines, bye laws and notifications made thereunder while assessing or feeding information or data into the computers, computer systems or computer network of the Affordplan Ecosystem. The said User of the Affordplan Ecosystem and/or its affiliated websites does further unequivocally declare that in case it violates any provisions of the said acts and/or rules, regulations, guidelines, bye laws and notifications made thereunder, it shall be solely responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability thereunder or under any other law for the time being in force.

8. USAGE CONDUCT

Conduct by the End User

You are under an obligation to use this Affordplan Ecosystem for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Affordplan Ecosystem. You shall use this Affordplan Ecosystem, or the Services or any other services availed through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

The Company shall not be liable for any failure or default to provide access to the Swasth Platform or Wellness Platform, or any other platform as may be introduced/ launched by the Group Companies, on account of any failure or delay by You to register with the respective platforms for such access.

Any configuration or set-up of the Devices for access to the Affordplan Ecosystem shall be the sole responsibility of the User.

The Company shall collect, store, process and use the User information in accordance with the Company's Privacy Policy. The use of the Affordplan Ecosystem and submission of Personal Data shall be construed as the User giving consent for the collection and use of information disclosed by the User to the Company, in accordance with the Privacy Policy.

The User shall not knowingly include or use any false or inaccurate information in the personal information.

The User shall not take any action that interferes with, degrades or adversely affects the Company and/or the Affordplan Ecosystem.

Conduct by the Users

User shall only access the Affordplan Ecosystem using authorised and lawful means.

The User shall not use the Affordplan Ecosystem, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content.

The User shall not use the Affordplan Ecosystem in a manner that (a) is prohibited by any law or regulation, or facilitates the violation of any law or regulation, or (b) will disrupt a third party's similar use, or (c) violate or temper with the security of the Affordplan Ecosystem.

The User shall ensure that the Affordplan Ecosystem is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on or provide unauthorized access to, the Affordplan Ecosystem or any other software, hardware, services or data.

The User shall not attempt to gain unauthorised access to any accounts, computer systems or networks connected to the Affordplan Ecosystem, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to the User.

The User shall not copy, modify, adapt, translate, or reverse engineer any portion of the Affordplan Ecosystem, its content or materials and/or the services. Further, the User shall not use the Affordplan Ecosystem to develop or to assist anyone in developing a competitive business, service or for other competitive purposes.

The User acknowledges that from time to time, the Company may apply Upgrades to the Affordplan Ecosystem, and that such Upgrades may result in changes to the appearance and/or functionality of the Affordplan Ecosystem. The User may be required to install certain Upgrades or updates to the software in order to continue to access or use the Affordplan Ecosystemor portions thereof.

Without explicit and written consent from the Company, You agree not to reproduce, publish, distribute, or otherwise use any data collected on this Affordplan Ecosystem for commercial or non-commercial purposes. This includes but is not limited to, personal information, User-generated content, and any other data accessible on the Affordplan Ecosystem. Any unauthorized reproduction or publication of such data is strictly prohibited and may result in legal action.

9. RIGHTS OF THE COMPANY

The Company may at its sole discretion:

• Exercise the authority to curtail, temporarily suspend, or permanently terminate User's access to the Swasth Platform.
• Exercise discretion in declining, relocating, or deleting any content that a User may choose to submit.
• Perform the action of relocating or deleting any content accessible on the Swasth Platform.
• Institute comprehensive principles and boundaries governing the utilization of the Swasth Platform and the Services.
• Assign its rights and liabilities to all User accounts hereunder to any entity. Further post the assignment, intimation of such assignment shall be sent to all User’s registered email ID.

Users hereby grant their consent to receive various forms of communication, including announcements, administrative notifications, and promotional materials from the Company or any entities affiliated with the Company, including its partners and licensors.

The Company retains the right to take appropriate actions against the Users, including but not limited to safeguarding against loss of revenue or reputation, seeking damages, terminating Services or access, and reporting such instances to relevant authorities. In the event of any unauthorized copying, misuse, transmission, or crawling of data, photographs, graphics, or information from the Swasth Platform for purposes other than bona fide intentions, the Company reserves the right to undertake suitable measures, including cessation of access and pursuit of damages.

10. DISCLAIMER OF WARRANTIES AND LIABILITIES

This Swasth Platform, all the materials and payment plans (including but not limited to Transaction or Services) included on or otherwise made available to You through this Swasth Platform are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.

No representations, warranties or guarantees whatsoever are made by the Company as to the following—

• accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation;
• the quality of any Services, content, information, or other material on the Swasth Platform will meet the User’s expectations or requirements;
• any errors in the Swasth Platform will be corrected; or
• other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.

The Company does not warrant that the Swasth Platform; information, content, materials, Transaction or Services included on or otherwise made available to You through the Swasth Platform; the servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.

Nothing on the Swasth Platform constitutes or is meant to constitute, advice of any kind. All the information available on the Swasth Platform is governed by different laws and policies of the respective Merchants, if the Merchant is unable to deliver required Services due to implications of different laws or/and its own policies, Merchants shall be liable to refund the amount received in advance from the User for the Services that could not be provided to such User by the Merchants.

In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under the Privacy Policy or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.

Notwithstanding anything contained elsewhere in these Terms, in no event shall the Company be liable to the User for any costs or loss incurred or suffered by the User or anyone claiming under the User, including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. In no event or circumstance shall the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.

11. LINKS TO THIRD-PARTY APPLICATIONS, SERVICES AND PRODUCTS

Within the Affordplan Ecosystem, the User may encounter links to other websites or applications that are independently owned and managed by third parties. The User’s interaction with these external sites is subject to the terms and conditions, if any, stipulated by those specific websites or applications. The Company does not exercise control over any websites or applications outside of its own Swasth Platform and therefore disclaims responsibility for the content found on any third-party websites or applications. It is crucial to understand that the Company's inclusion of third-party content or links to third-party websites and applications should not be interpreted as an endorsement or validation of such third-party websites or applications by the Company.

Users' correspondence, Transactions/offers or related activities with third parties, including payment processors, are solely between the User and that third party. User's correspondence, Transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such Transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

The Affordplan Ecosystem amalgamates content that is both originated by the Company and provided by third parties. Notably, the Company does not furnish any warranties concerning the precision, entirety, or quality of content contributed by third parties. Therefore, Users are explicitly advised against placing unwarranted reliance on third- party content when availing themselves of the Company services made available on the Affordplan Ecosystem.

12. INTELLECTUAL PROPERTY RIGHTS

The User acknowledges that any and all Intellectual Property Rights (including but not limited to all the content of the Swasth Platform, trademark, copyright, patent, service marks, etc.) and other proprietary rights in relation to the Swasth Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any personal information, intellectual property which belongs to a third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Swasth Platform or the Services shall vest completely and fully with the Company within and beyond the territory of India and the User shall have no right or claim to such intellectual property in any manner whatsoever.

The Swasth Platform amalgamates content generated by the Company, its partners, affiliates, licensors, associates, and Users. The intellectual property rights, (‘Intellectual Property Rights’), governing all foundational software underpinning the Swasth Platform and the material presented within it, inclusive of, though not limited to, software, advertisements, written content, photographs, graphics, images, illustrations, trademarks, logos, audio or video clips, and animations, are the exclusive property of the Company, its partners, licensors, and associates. Users are expressly prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, reproducing, crafting derivative works from, distributing, publicly performing, publicly displaying, or in any manner exploiting any materials or content featured on the Swasth Platform, be it in its entirety or in part, without obtaining prior written authorization from the Company.

Users shall bear exclusive responsibility for all content, whether publicly disseminated or privately transmitted, that they upload, post, send via email, transmit, or otherwise share on the Affordplan Ecosystem (”Users' Content”). Each User affirms and guarantees that they possess full ownership of all Intellectual Property Rights associated with their Users’ Content and assure that no aspect of their Users’ Content infringes upon the rights of any third party. Furthermore, Users pledge not to showcase or employ the names, logos, marks, labels, trademarks, copyrights, or other intellectual and proprietary rights belonging to third parties on the Affordplan Ecosystem. Users consent to indemnify and safeguard the Company, along with its directors, personnel, affiliates, and assignees, against any and all expenses, damages, losses, and liabilities, including legal costs and attorney fees, arising from any third-party claims, particularly those related to the violation of Intellectual Property Rights due to the display or utilization of names, logos, marks, labels, trademarks, copyrights, or other intellectual and proprietary rights on the Affordplan , whether by the User directly or through their actions or inactions.

The names, logos, marks, labels, trademarks, copyrights, and intellectual and proprietary rights displayed on the Affordplan Ecosystem and owned by any individual (including Users), organization, or third party are unequivocally acknowledged as the exclusive property of their respective owners. Any disputes, controversies, or matters arising concerning these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights should be promptly and directly directed to the respective rights holders, with notice to the Company.

We respect the intellectual property of others. If You believe that Your Intellectual Property Rights have been used in a way that gives rise to concerns of infringement, contact the Grievance Officer (details under Clause 26 of these Terms).

13. PRIVACY POLICY

All information collected from Users, including but not limited to personal information, anonymised data and payment information, if any, is subject to the Company's Privacy Policy which is available at https://www.affordplan.com/privacy-policy.

14. FEEDBACK

As a participant, the User agrees to use careful, prudent, and good judgment when leaving feedback for other Users of the Swasth Platform. In the event the feedback violates these Terms, is inappropriate or violates the propriety or privacy of another User, the Company, in its sole discretion, may delete the User’s feedback or any User postings; and/or report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. As mandated by the law or at the Company's sole discretion, the Company shall cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Swasth Platform.

Reporting inappropriate use of feedback: The User may contact the Company regarding any inappropriate use of feedback via email at swasth@affordplan.com.

The Company does not and cannot review every posting or listed Healthcare Services made on the Swasth Platform. These Terms do not require the Company to monitor, police or remove any postings or other information submitted by the User or any other User and the Company shall not be responsible for any ensuing liability.

15. CANCELLATION / INACTIVATION / DELETION

You may request for deletion of your account by reaching us at +91 9250050501 or writing to us at swasth@affordplan.com. Please note that, Affordplan retains Data for as long as necessary for the use of our products and/or services or to provide access to and use of our website or mobile application, or for other essential purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements and as long as processing and retaining your Data is necessary and is permitted by applicable law. Because these needs can vary for different data types and purposes, actual retention periods can vary significantly.

Even if we delete your Data, including on account of exercise of your right under this clause it may persist on backup or archival media for audit, legal, tax or regulatory purposes. If any court or competent authority finds that any provision of this Privacy Notice (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Privacy Notice will not be affected.

Use of the App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are under 18 years of age, then please do not use or access the Service(s) at any time or in any manner. If We learn that a person under 18 years of age has used or accessed the Platform or Service or any personally identifiable information has been collected on the Platform from persons under 18 years of age, then We will take the appropriate steps to delete this information. If You are a parent or guardian and discover that Your child under 18 years of age has obtained an account on or otherwise accessed the Service, then You may alert Us at swasth@affordplan.com or call at +91 9250050501 and request that We delete that child's personally identifiable information from our systems.

16. INDEMNITY

By accepting these Terms and using the Swasth Platform, the User agrees that the User shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

• User’s access to the Swasth Platform;
• User’s use of the services/features of the Swasth Platform;
• User’s violation or breach of these Terms or any applicable law or regulation;
• User’s violation of any rights of any third party including intellectual property or other right of any person or entity; or
• Any third-party claims based upon the content of any communications transmitted by the User.

17. TERMINATION

These Terms will continue to apply until terminated by either the Company or the User as set forth below.

Termination by the User - If the User elects not to be bound by these Terms, the User may terminate the relationship with the Company by unsubscribing to the Swasth Platform subject to the terms provided for in the User Agreement or the Merchant Agreement as the case may be.

Termination by the Company - The Company may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:

• User is in breach of any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to the User;
• The Company is mandated to do so in accordance with the law; or
• The Company has elected to discontinue, with or without reason, access to the Swasth Platform (or any part thereof) either in general or specifically to the User.

The Company shall not be liable to the User or any third party for any such termination.

18. CONSEQUENCES OF TERMINATION

Once the User Account has been terminated, any and all content will be irretrievably deleted by the Company, except to the extent that the Company is obliged to maintain or permitted to retain it in accordance with the applicable laws.

The limited licences or assignment granted for use to the User in accordance with these Terms shall stand terminated, effective immediately.

The Company, in its sole discretion, may initiate appropriate legal proceedings against the User, if necessary, in the event the termination is on account of the User’s breach of these Terms.

Termination shall not affect User’s liability or obligations arising prior to such termination and for the sake of avoidance of any doubt, it is hereby clarified that deletion, uninstallation of the Swasth Platform and/or discontinuation of the Company’s Services, shall not discharge the User from the responsibility, obligation and liability to repay outstanding amount(s), if any, in accordance with these Terms.

19. FORCE MAJEURE

Notwithstanding the limitations or disclaimers outlined in these Terms, the Company shall not be held responsible for any delay or failure in performance, whether directly or indirectly caused, which is beyond their control. This includes but is not limited to, incidents such as internet errors, electrical power failures, damage to computer or telecommunication equipment, labour strikes, disputes, civil unrest, natural disasters, governmental actions, epidemics or pandemics, court orders from domestic or foreign jurisdictions, and negligent actions carried out by third parties.

20. GOVERNING LAW AND JURISDICTION

These Terms shall be governed and construed under the laws of India and the courts of Gurugram, Haryana shall have exclusive jurisdiction.

21. DISPUTE RESOLUTION

The competent courts situated in Gurugram, Haryana shall possess exclusive jurisdiction to adjudicate upon all disputes arising from or associated with the Services offered by the Company.

The arbitration award will be final and binding on the Parties, and each Party will bear its costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise.

22. AMENDMENT AND MODIFICATION

The Company reserves the right to modify these Terms at any time with or without any further notice(s) by uploading the revised Terms on the Swasth Platform and it is Your duty to keep itself aware of the revisions to the Terms of the Swasth Platform.

23. OTHER ADDITIONAL TERMS

Special Offers and/or Coupons and/or Cashbacks: The Company keeps on updating special offers, coupons and cashback points for its End Users on the Swasth Platform. The Customers can choose to avail the same according to the Terms specified therein.

In the event any service delivery is delayed or is cancelled by the Merchant on account of a mistake by the End User (e.g. providing the wrong or other incorrect/misleading information), any additional costs incurred by the Company for this event shall be borne by the End User.

24. MISCELLANEOUS

To the extent that anything in or associated with the Swasth Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. The Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Company’s rights under these Terms shall survive any discontinuance of the access or use of the Swasth Platform.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Any notices to the User from the Company regarding the Swasth Platform or these Terms shall be posted on the Swasth Platform or sent by email or regular mail.

The Company reserves the right to assign any rights as it deems fit to any third party whatsoever.

25. GRIEVANCE REDRESSAL OFFICER

The Company is committed to addressing User grievances promptly. For internal resolution, Users can contact customer support. If dissatisfied, escalate the matter to the Grievance Officer. External authorities, such as the Data Protection Board of India, may be approached if the resolution is not satisfactory. The Company pledges fair and timely redressal, and no retaliatory action will be taken against Users for raising grievances in good faith. The Company reserves the right to modify the grievance redressal mechanism, with any changes communicated on the Swasth Platform. For assistance, contact customer care at +91-92500 50501.

GLOSSARY

"Customer(s)" means persons obtaining Healthcare Services from the Merchants and includes a walk-in customer.

"Device", for the purposes of these Terms, means a device, usually electronic, that processes data according to a set of instructions, which may include workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, smartphones, etc.

"End User" shall mean the Customers who have successfully registered with the Company and have entered into the User Agreement.

"Financial Counsellor" shall mean an employee or representative of the Company who will be available at the Merchants’s location and will be responsible for undertaking the registration process of the Users on the Swasth Platform and providing end-to-end support to the Users.

"Healthcare Services" may include services such as emergency services, primary care providers, inpatient services, outpatient services, specialized care, maternity and childcare, delivery or purchase of medicines from the pharmacy, collection of samples at home, etc. offered by the Merchants and as displayed on the link provided on the Swasth Platform and as updated from time to time.

"Loyalty Program" shall mean the program offered or provided by the Company on the Swasth Platform to the Users to obtain Swasth Points;

"Merchants" shall include a group of hospitals, diagnostics, laboratories, research labs, pharmacies, etc. owned or leased and operated under one brand name of a hospital registered duly under the applicable laws and empanelled with the Company on the Swasth Platform.

"Merchant Agreement" shall mean the agreement entered into by the Merchant and the Company, wherein the Merchant will provide Healthcare Services and the Company will provide its Services to the extent of payment facilitator.

"User(s)" for the purpose of these Terms shall include the Service Providers, Permitted User or the End User any other natural or legal person who visits, accesses, or uses the Swasth Platform and/or the Wellness Platform, as the case may be, or avails any Services offered by the Company, to the extent applicable. Wherever the context so requires, the terms “You” or “Your” shall be construed to refer to such User.

"Payment Options" shall mean the payment made through the Affordplan App by scanning the QR Code placed with the Merchants, or by using vouchers issued by the Company to the End Users according to its policies, or through payment links/options that may be made available on the Affordplan App by the Company, through availing option like pay later, loan facilitation, or any other mode of payment as the Company may allow, at its sole discretion, through the Affordplan App;

"Permitted User" shall be the Merchant who have agreed to engage the Company for its Services and have entered into the Merchant Agreement.

"Services" shall mean the facilitation services or limited assistance services pertaining to Healthcare Services being provided to the Permitted User and the End Users or any other services (including but not limited to marketing of various products on the Affordplan App, financing options and loan products, insurance, and such other services as the Company may introduce, from time to time) offered by the Company to the Permitted User and/or the End Users in terms of the Merchant Agreement and/ or the User Agreement.

"Service Providers" shall mean the third-party service provider engaged with the Company whose products are displayed and offered on the Affordplan App;

"Swasth Points" means a Loyalty Program benefit earned by End Users for payments made through the Affordplan App with a validity period as may be approved by the Merchant and the Company. These points may be redeemed by the End Users on future payments made through the Affordplan App or by using the Payment Options for availing Healthcare Services with the Merchant.

"Transaction" means the successful payment using the Swasth Platform, towards Healthcare Services obtained by the End User from the Merchant.

"Upgrades" shall mean and include new versions of, and updates to, the Swasth Platform whether to fix an error, bug or other issue in the Swasth Platform or enhance the functionality of the Swasth Platform.

"User Agreement" shall mean the agreement entered into between the Customer and the Company at the time of registration of the User Account.