1. “Account” shall mean the account created by the Customer on the Site for availing the Services provided/facilitated by Guardians.
2. “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India including but not limited to the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000, and 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 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the “IG Rules”).
3.  “Customer/You/User” shall mean and include: A medical Practitioner or healthcare/wellness provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, and providing healthcare services, on the Site, including designated, authorised associates of such Practitioners or institutions (“Practitioner(s)”, “you” or “User”); or (a) patient, availing this service on his/her consent, being or not being sponsored/promoted by any organisation/body to utilise the services through the Site, his/her representatives or affiliates, searching for availing health and medical services through the Site; or (b) Otherwise a user of the Site who has an Account on the Site. (c) A visitor of the Site.
4. “Force Majeure Event” shall mean any and all events arising due to any cause beyond the reasonable control of Guardians.
5. “Guardians” or “us” or “we” or “our” shall mean Guardians EMS Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at Killa No. - 19/2, Uggarsain Park, Dichaon Road, Najafgarh Street No. - 2, Najafgarh, New Delhi – 110043, which expression shall, unless it is repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
6. “IG Rules” shall mean Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
7. “Information” shall mean all information on the Site including but not limited to content, text, data, graphics, images, information, suggestions, and guidance.
8. “Permitted Information” shall mean Registration Data (as defined below) or any other data submitted by You during the use of any Service offered through Site 
9.  “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number, home and office addresses, medical history and such other information as may be required by Guardians from the Customer from time to time for registration on the Site.
10. “Services” shall mean the various categories of Services including the following made available through the Site: 
    • 24X7 emergency medical helpline, connecting the user to a doctor
    • Provision to send an ambulance or a paramedic as may be required and/or available
    • Provision to match the user to the best hospital for their emergency
    • Any other services offered by Guardians 
11. “Site” shall mean the Website operated by Guardians, www.guardians.life, or any other software that enables the use of the Site or such other URL as may be specifically provided by Guardians.
12. “T&Cs” and “User Terms” shall mean these terms and conditions.

CONDITIONS OF USE

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

REGISTRATION/MEMBERSHIP AND MANNER OF USAGE OF ACCOUNT

1. You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause and by entering your Registration Data.
2. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. Guardians shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3. You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using your password or Account, either with or without your knowledge.
4. Guardians reserves the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason Guardians may find just or equitable.
5. Except for the Permitted Information, Guardians will not ask for any other information and Guardians shall not be liable for disclosure of any information to third parties disguising to be Guardians and accordingly, the User should not send any confidential or proprietary information to Guardians on the Site or otherwise, unless otherwise is required by Applicable Laws and explicitly sought by the authorised officials of Guardians. In accepting these User Terms, You agree that any information or materials that You or individuals acting on your behalf provide to Guardians other than the Permitted Information will not be considered confidential or proprietary. 
6. We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of your Account please immediately reach us support@guardians.life. In case, You are unable to access your Account, please inform Us at support@guardians.life and make a written request for blocking your Account. We will not be liable for any unauthorised transactions made through your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Events.
7. By using the Site or the Service, You further agree that: (i) You will only use the Site and Service for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Services or Site for unlawful purposes; (iv) You will not try to harm the Service, Site or our network in any way whatsoever; (v) You will provide Guardians with such information and documents which Guardians may reasonably request; (vi) You will comply with all Applicable Law from your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and (vii) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder as amended from time to time.
8. Guardians 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 Site or the downloading of any material, data, text, images, video content, or audio content from the Site. If a User is dissatisfied with the Site, the User’s sole remedy is to discontinue using the Site.
9. Guardians reserves the right to immediately terminate the Service and the use of the Site in the event of non-compliance with any of the above requirements. Further, subject to Applicable Laws, Guardians may store the information provided by You or record your calls for contacting You for all Service-related matters including obtaining feedback in relation to the Services provided/facilitated through the Site. You shall promptly inform Guardians of any change in the information provided by You. 
10. Guardians or an authorised representative of Guardians, shall provide information regarding services, discounts and promotions provided by Guardians to You by way of an SMS, email, messages on the Guardians mobile application and messages through WhatsApp Messenger to your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point in time. To discontinue receiving such information, You may at any point in time visit the specific link provided on the Site to discontinue the same. 
11. Subject to Applicable Laws, Guardians will be entitled to process and transfer your information as and when it deems fit and it may store or transfer your information in a server outside India or the country where you are located in order to perform Guardians’ obligations under these Terms & Conditions.
12. User agrees to grant Guardians a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. User Agrees and permits Guardians to share permitted information or any content created by the User and uploaded by the User, with third parties.
13. You agree and permit Guardians to share any information provided by You with third parties in order to facilitate the provision of Services including certain value-added/ancillary services offered by such third parties to You and/or to provide Services including certain value-added services to You by Guardians. You hereby expressly consent to receive communications from Guardians/ third parties offering Services/value-added services to You through your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold Guardians responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of your registration on the national do not call registry. Further, you agree that Guardians may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of including but not limited to:  
    • Obtaining feedback in relation to Site or Guardians’ Services; 
    • Obtaining feedback in relation to any Practitioners listed on the Site; 
    • Connecting for any further details including but not limited to diagnostics, product redemptions, consultation management, etc. 
    • Resolving any complaints, information, or queries by Practitioners regarding your critical content; 

INTERACTION WITH WEBSITE 

1. Guardians has no liability if the Practitioners or ambulance are not available at the given time.
2. For the avoidance of doubt, Guardians is not responsible for any outcome between you and the Practitioner you interact with, pursuant to any interactions on the Site. Your decision to engage with a Practitioner or chatbot for receiving medical services from the Practitioner is at your own risk.
3. Although we will take complete measures to ensure your satisfaction with the Practitioner/chatbot, we cannot assure nor guarantee the ability or intent of the Practitioner(s) and chatbot (in any manner possible) to fulfil their obligations towards you, and advise you to perform your own investigation prior to selecting a Practitioner or start the use of chatbot.
4. Without prejudice to the generality of the above, Guardians, will not be liable for: 
   • any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s); 
   • any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to himself/herself available at the required time, inappropriate treatment, or similar difficulties; 
   • any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Site.
   • Any warranty or representation of any Practitioner or hospital or any person providing medical assistance including but not limited to a representation of credibility, license, accreditation, registration, certification and association with any and all authorities or medical associations.

     Further, Guardians shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by another User. The option of Users to give feedback remains at Guardians' sole discretion and may be modified or withdrawn at its sole discretion. Guardians may moderate such feedback at any time. Guardians shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting a particular Practitioner from the Site.

5. Guardians collects, directly or indirectly, and displays on the Site, relevant information regarding the profile and practice of the Practitioners/service providers listed on the Site, such as their specialisation, qualification, fees, location, visiting hours, and similar details. Guardians takes reasonable efforts to ensure that such information is updated at frequent intervals. Although, Guardians screens and vets the information and photos submitted by the Practitioners, Guardians disclaims liability for any inaccuracies or incompleteness caused due to misrepresentation and fraud committed by the Practitioners. .

NO DOCTOR-PATIENT RELATIONSHIP FOR EMERGENCY

1. Please note that some of the Information that may be available on the Site (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 Guardians and the User and does not constitute an opinion, medical advice, diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified Practitioner. 
2. It is hereby expressly clarified that the Information that you obtain or receive from Guardians, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site, including the chatbot, is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to the quality of service provided by the Practitioners, though we will ensure they have the necessary professional qualifications and will take reasonable measures to vet them. 

FORCE MAJEURE

Guardians shall not be liable for any failure to perform any obligations under these User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in of a Force Majeure Event, our obligations under these User Terms shall be suspended for so long as the Force Majeure Event continues.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

1. As mandated by Regulation 3(2) of the IG Rules, Guardians hereby inform Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
• belongs to another person and to which the User does not have any right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
2. Users are also prohibited from:
   • violating or attempting to violate the integrity or security of the Site, or any content of Guardians;
   • transmitting any information (including job posts, messages and hyperlinks) on or through the Site that is disruptive or competitive or prejudicial to the provision of Services
   • intentionally submitting any incomplete, false or inaccurate information;
   • making any unsolicited communications to other Users
   • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Site;
   • attempting to decipher, decompile, disassemble or reverse engineer any part of the Site;
   • copying or duplicating in any manner any of the information available from the Site;
   • framing or hot linking or deep linking any of the information available from the Site.
3. Guardians, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Site is being used by the User to commit any unlawful act and/or is being used in violation of Clauses 8.1 and 8.2 above, shall be entitled to remove or disable access to the material or information that is in contravention of such Clause 8.1. Guardians is entitled to act, as required by the IG Rules, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. Guardians 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.
4. In case of non-compliance with any applicable laws, rules or regulations, or these User Terms (including the Privacy Policy) by a User, Guardians has the right to immediately terminate the access or usage rights of the User to the Site and Services and to remove non-compliant information from the Site.
5. Guardians 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. Guardians will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

PAYMENT, CANCELLATION AND REFUND POLICY

The Payment, Cancellation and Refund Policy may be accessed at [Insert Link]

INTELLECTUAL PROPERTY OWNERSHIP 

1. Guardiansalone (and its licensors, where applicable) shall own all rights, title and interest, including all related intellectual property rights, in and to (i) the Site, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, or the Service. Third-party trademarks may appear on this Site and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use. 
2. These User Terms do not constitute a sale and do not convey any rights of ownership in or related to the Site or the Service, or any intellectual property rights owned by Guardians. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by the use of the Services or the Site.

INDEMNITY

User agrees to indemnify and hold harmless Guardians, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and partners from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation or breach of these User Terms, any Applicable Law or regulation, whether or not referenced herein or infringement by any other User of his/her/its account, of any intellectual property or other rights of any person or entity. Guardians will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

DISCLAIMER OF WARRANTIES

1. All information available on the Site is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness suitability prior to use or making any decision for any loss or damage in reliance hereof. Guardians will not be responsible for the same. Further Guardians will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information. 
2. The Information does not constitute an invitation or recommendation to take medical services from the Site nor is such Information a substitute for professional advice or solicitation in respect of medical services/products or recommendation thereof. Guardians urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other Information.
3. All Information on the Site is provided to you "as is" without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All information available on a hyperlink site and any third party are subject to the terms and conditions of the legal notices contained therein.

LIMITATION OF LIABILITY

1. The information, recommendations and Services provided to You on or through the Site are for general information purposes only and do not constitute advice.
2. Guardians shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by the wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of any Information. 
3. The information available on the Site could include inaccuracies or typographic errors. Guardians’ has endeavoured to ensure that all the information on the Site is correct, but Guardians neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Guardians makes no warranty, express or implied, concerning the Site and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Site.
4.  In no event shall Guardians shall be liable for the provision of or failure to provide all or any service by Practitioners or listed third parties to users contacted or managed through the Site; 
   • medical negligence committed by Practitioners
   • any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site; 
   • any other matter relating to the Site or the Service. 
5. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Guardians shall be the minimum permitted under Applicable Law.
6. Under no circumstances, including but not limited to negligence, shall Guardians, its employees and directors, its suppliers and its third party advisors be liable for any indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of the Site, with the delay or inability to use this Site or any links or items on the Site, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Site or obtained or messages received or transactions entered into through or from the Site or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.  
7. You agree that we shall not be liable for any indirect, incidental, special, consequential or exemplary damages arising from interruption, suspension or termination of the Site, including but not limited to, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by You, if any, for accessing the Site. 
8. All transactions that are carried out by and on behalf of the User shall be subject to Government notifications, the rules, regulations and guidelines issued by regulatory bodies defining rules/regulations governing the offer of any service on the Site.. Guardians shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of Guardians to perform any of its obligations under these User Terms or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event and in such case, its obligations shall be suspended for so long as the Force Majeure event continues.
9. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Site is done entirely at his/her own discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.