Terms of Use

Only for Indian customers

AKTIVORTHO PRIVATE LIMITED, on behalf of itself and its affiliates/group companies under the brand “AKTIVHEALTH” (“the Company” or “We” or “us”), is the author and publisher of the internet resource, www.healen.com and the mobile application ‘HEALEN’ (together, “Website”). The Company owns and operates the services provided through the Website. The term ‘you’ refers to the user or viewer of the Website. The use of the Website is subject to the following Terms of Use which deems to constitute a legally binding agreement between the you and the Company. By clicking on the “I Accept” button or registering for an account or browsing or using the Website, you agree to be bound by these Terms of Use. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. If you do not accept the following Terms of Use, you must not use the Website.

1. General Terms

(1) You may connect to our Services through: (i) our mobile applications and software, or (ii) approved third-party applications, software or devices; or (iii) our website (“Services”). These Terms of Use apply to your use of our Service through any of the foregoing modes. If you have questions about whether a product or application qualifies as a Service, please contact customer support since any unauthorised usage may result in the immediate termination of your ability to access our Service.

(2) Services on the Website would be available only in certain select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents etc. are not eligible to use the Website. Minors under the age of 18 years can use the Website only under the supervision of a parent or legal guardian who will be bound by the Privacy Policy and Terms of Use of the Website. No products or services whose consumption or use is prohibited by minors will be allowed to be purchased in case such user is a minor.

(3) Full use of our Services requires that you create an account by providing us with information such as your full name, mobile number and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. We are not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to the Service or your account.

(4) If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the Services to you at its sole discretion.

(5) Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

(6) If you rely on any content or Service, you do so solely at your own risk. Our goal is to provide helpful and accurate information, but we make no endorsement, representation, or warranty of any kind about any content, information, or Services. The accuracy of the data collected and presented is not intended to match that of medical devices or scientific measurement devices. Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

(7) Our Services are not intended to diagnose, treat, cure, or prevent any diseases or health condition. This is a self-help process. We are not responsible for any health problems that may result from the exercises, training programs, consultations, products, or events you learn about through our Services. You are advised to use or act upon the information and advice provided on the Website in consultation with your doctor.

(8) Our services provide tools that help you meet your health, fitness and wellness goals. You set your goals in consultation with your Consultant to help create and maintain healthy habits, increase activity and fitness, or manage or prevent a condition. The Services are not intended to be a substitute for professional medical consultation, advice or treatment from qualified doctors. We do not endorse any specific tests, doctor or medical professional, products, procedures, opinions, or any other information that may be mentioned on the Website. You must consult your doctor before using any Services.

(9) Please note that some content on the Website including the text, information, data, graphics, videos, images and other material contained on the Website may be provided by medical practitioners. Such provision is not be construed to establish any formal or licensed patient and professional relationship between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any specific condition.

2. Intellectual Property Rights

(1) This Website contains material which is owned by or licensed to the Company. This material includes, but is not limited to, the design, layout, look, appearance, text, videos, images and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use. No part of the content shall be copied, downloaded, transmitted or published without prior written consent of the Company.

(2) No resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools is allowed. Any unauthorized use terminates the permission or license granted by the Company.

(3) All trademarks reproduced on the Website which are not the property of, or licensed to, the Company are acknowledged on the Website.

(4) Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offence.

(5) You may not create a link to the Website from another website or document without prior written consent from the Company.

(6) Your use of the Website and any dispute arising out of such use of the Website is subject to the laws of India.

(7) You must not use the Website in any way that causes or may cause damage to the Website or causes impairment in accessing the Website or which is in any way unlawful, illegal or fraudulent.

3. Consultation Services:

(1) As part of the Services, the Company may provide you with the feature of interacting with physiotherapists or consultants (“Consultant(s)”). You expressly agree to the terms with regard to your interaction with the Consultants.

(2) The Company is only facilitating the interaction between the Consultant and the user through the Services. Except in case where the Consultant is an employee of the Company, the Company itself is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between user and the Consultant. You understand and agree that the Company will not be liable for:

  1. a)Your interactions and associated issues you may have with the Consultant;
  2. b)the ability or intent of the consultant(s) or the lack of it, in fulfilling their obligations towards you;
  3. c)any wrong medication or quality of treatment being given by the consultant(s), or any medical negligence on part of the consultant(s);
  4. d)inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the you due to a failure on the part of the consultant to provide agreed services; or
  5. e)any misconduct or inappropriate behavior by the consultant or the consultant’s staff.

(3) You agree to use the advice from the Consultant on the Website pursuant to:

  1. a)an ongoing treatment with your medical practitioner;
  2. b)a condition which does not require emergency treatment, physical examination or medical attention;
  3. c)medical history available as records with you for reference;
  4. d)a record of physical examination and report thereof with you, generated through your local medical practitioner;
  5. e)consultation with your medical practitioner before abandoning or modifying your ongoing treatment or undertaking exercises specified by the

(4) The guidance or consultation provided to you will be based on the information you provide with regard to your health condition. Any inaccuracy or change in the information provided by

you would have a corresponding change in the advice given to you. As such, we shall not be liable for any inaccuracy in the advice given to you should you fail to provide correct and relevant information regarding your health condition.

(5) You agree that the Consultants will not be conducting physical examination of the patient, hence they may not have or be able to derive important information that is usually obtained through a physical examination. You acknowledge and agree that you are aware of this limitation and agree to assume the complete risk of this limitation.

(6) You understand that consultation with the Consultants shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, you understand that the advice provided by the Consultant is based on general medical conditions and practices prevalent in India, to the best of his/her knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of whether you are procuring medical services or engaging in communication with the Consultant.

(7) The Consultants will not be issuing any written advice or medical prescription to you. You will be provided a functional diagnosis of my assessed case/condition and further plans of treatment will be well discussed.

(8) Notwithstanding anything contained herein, the Company does not endorse any Consultant and is not in any manner responsible for the drug/medicine prescribed or a therapy suggested by a Consultant.

(9) Consultation services on the Website are meant for general purposes only and not intended for any emergency/critical illness, which may require physical examination. Further, if a Consultant adjudges that a physical examination is necessary, it shall be your sole responsibility to ensure that such physical examination takes place. The Company shall not be responsible in case of any negligence on your part.

(10) The Services connect you with Consultants who will work with you to set goals and provide support and guidance in achieving them. You understand that you will not have the option of choosing the Consultant for you. You can choose to connect the Services to your doctor or others you designate in order to communicate your progress to them. Consultants may interact with you in a variety of ways, including via in-app chat, email or telephone calls, throughout your efforts to achieve your goals.

(11) In certain cases, the Consultants may be employees of the Company. In which case, the any liabilities arising out of gross negligence or willful misconduct of the Consultant will be covered by professional indemnity insurance policy availed by the Company.

  1. AI Based Services

Our Services may include providing you with Artificial Intelligence (AI) based information and guidance specific to your problem. You agree to use the AI based Services for information purpose only. You understand that such AI based information/guidance is no substitute to the

professional advice given by a medical practitioner. The AI based tools work on established algorithms, which may at times be imperfect. The AI based tool will provide information/guidance based on the information/inputs provided by you on the Website. Any variation in the information provided by you will have a corresponding change in the information/guidance provided by the AI based tool. Accordingly, the Company shall not be liable if information/input provided by is incorrect causing a corresponding incorrect/imperfect diagnosis by the AI based tool. You agree that the AI based tools will not be conducting physical examination of the patient, hence it may not have or be able to derive important information that is usually obtained through a physical examination. You acknowledge and agree that you are aware of this limitation and agree to assume the complete risk of this limitation.

  1. Self Help and Exercises

(1) The contents of the Website, including the text, information, data, graphics, images, videos and other material contained on the Website are for informational purposes only. Nothing on the Website should be taken to constitute or substitute professional medical advice, diagnosis, treatment or a formal recommendation. You are advised to the seek the advice of your physician or other qualified health professional before taking any action and not disregard any professional medical advice regardless of its adherence or contrary to what is stated on the Website. No formal recommendation is constituted with reference to the physicians, doctors, products, procedures, opinions or any other information stated on the Website and we exclude all representations and warranties relating to the content and use of this site. Reliance on any information provided by the Website is solely at your own risk.

(2) In case you wish to rely on any content provided on the Website, you must do so in consultation with your doctor. The Company shall not be liable in case you indulge in any self-medication without consulting your doctor.

(3) While doing the exercises provided on the Website, it is necessary that you do so under professional guidance and supervision. The Company shall not be liable for any injury caused to you if you do the exercises without professional guidance and supervision or you fail to adhere to the safety instructions provided on the Website.

6. Your Content on the Website

(1) The Company may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content”) to and via the Website. You retain all rights to Your Content that you post to the Website. By making Your Content available on or through the Website you hereby grant to Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in

part, including your name and likeness, in any media. These rights you grant us are only for the limited purpose of offering and improving our Services.

(2) You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content.

(3) You represent and warrant that Your Content, the use and provision of Your Content on the Website, and your use of the Website will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive;

(e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

(4) You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the our Services, or which may expose us or our users to any harm or liability of any type.

(5) The Company may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Website.

7. Payment, Cancellation & Refund Policy-

(1) Your use of the online payment gateway is at your discretion and responsibility. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline or failure of any payment transaction. Should there be any issue with regard to online payment gateway, please contact us.

(2) You shall be entitled to cancel your subscription at any point of time. 100% of your subscription amount will be refunded to you, in case you cancel the subscription during the 14-day period. However, no amount will be refunded to you in case you cancel the subscription after the 14 days period is over.

(3) Notwithstanding the foregoing, the Company may allow partial or full refund in exceptional circumstances, at its sole discretion.

8. Disclaimer

(1) By using the Website, you are accepting all the terms of this disclaimer notice. If you do not agree with anything then you should not use the Website. The Company makes no representations, express or implied, including without limitation implied warranties of the merchantability or quality of any product or service available on the Website. The Company does not guarantee that the Website will be free of viruses or other harmful components or that such defect will be corrected even if the Company is aware of the same. You undertake that you are accessing the Website and Services and transacting at your own risk. We disclaim any warranties or representations, whether express or implied, in respect of the quality, color, description, reliability, completeness, wholesomeness, safety, fitness of the products and services on the Website and the consumption of such products or usage of the services provided through the Website and availed by you shall entirely be at your own risk.

9. Warranties & Liability:

(1) Every effort is made to ensure that the contents on the Website are accurate. However the Website is provided “as is” and the Company makes no representations or warranties in relation to the accuracy or completeness of the information found on it. While the contents on the Website are provided in good faith, we do not warrant that the information kept on the Website is up to date, be true and not misleading or that the Website will always (or ever) be available for use. We make no representations or warranties about the accuracy, reliability, completeness or timeliness of any content found on the Website.

(2) We do not warrant that the servers that make the Website available will be error, virus and bug free and you can accept that it is your responsibility to make adequate provision for protection against such threats. We recommend scanning any files before downloading.

(3) Nothing on the Website should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of this site.

(4) At all times our liability to you shall be limited to the amount paid by you for availing the Services. Under no circumstances OR events will the Company, its employees or agents be liable for any incidental, indirect, consequential or special damages of any kind or damages whatsoever including without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships whether or not advised of the possibility of such damage arising out of or in connection with the use of this website or any linked websites. We disclaim all warranties, representations, and conditions, whether express or implied, statutory or otherwise, including but not limited to the implied warranties or merchantability, non-infringement of third parties’ rights and fitness for particular purpose.

10. Alerts and notifications:

(1) As part of your use of the Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from our Service by using your account settings. We may

need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

11. License to use the Website:

(1) When you use the Website, you agree to the exclusions and limitations of liability stated above and accept them as reasonable. Do not use the Website if you don’t agree with the Terms of Use.

(2) If any points in this disclaimer are found to be unenforceable under the applicable law that will have no bearing on the enforceability of the rest of the disclaimer notice.

(3) Material on the Website, including text, images and logos is protected by copyright law and is copyrighted to the Company.

(4) All intellectual property rights in relation to the Website (design, source code etc) are reserved and owned by the company.

12. Links to other Websites and Products:

(1) Links to other websites are provided for the convenience of users.

(2) We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites or the reliability, quality or effectiveness of any products provided through external websites.

(3) A link to an external site doesn’t imply an endorsement of views, information or products provided or held by such websites.

13. Feedback:

(1) All reviews, feedback, comments, suggestions and other submissions made to the Website shall be the property of the Company and hence the Company will be fully entitled to reproduce, use, disclose, modify, publish, display, cite, display any such submission made without any restriction and without payment of any compensation. The Website maintains full rights to not respond, review, edit, monitor or remove any comments submitted. You will solely be responsible for any claims- direct or indirect, arising from or resulting due to the comments so submitted by you. The Company takes no responsibility and assumes no liability for any submissions made by you or any other third party. You remain solely responsible for any submissions that you make and no comments submitted should be illegal, threatening, abusive, obscene, soliciting or otherwise unlawful in nature. The Company takes no responsibility and assumes no liability for any content on the Website which may be deemed offensive, indecent or objectionable to you.

14. Indemnity:

(1) You agree to indemnify and hold harmless the Company, its shareholders, licensee, affiliates, subsidiaries, group companies, and their respective employees, directors, officers, agents, representatives and their successors from any claim or demand, or actions arising out of your use of the Website or your breach of these Terms of Use, Privacy Policy and other policies on the Website, or your violation of any law, rules or regulations or rights (including infringement of intellectual property rights) of any third party.

15. Force Majeure:

The Company shall not be liable for inability to provide Services for reasons beyond its control including but not limited to war, floods, earthquakes, storms, acts of god, civil commotion, terrorism, riots, strikes, lock-outs, governmental restrictions, internet failure or technical failures.

16. Law and Jurisdiction:

(1) This disclaimer shall be interpreted and governed by the Indian Law and any disputes in relation to it are subject to the jurisdiction of the courts in New Delhi, India.

(2) Any dispute, claim or controversy arising out of or relating to these Terms of Use, including the determination of the scope or applicability of these Terms of Use 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 the Company. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be [New Delhi, India]. 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.

17. Changes and Amendments:

(1) We reserve the right to revise and amend these Terms of Use from time to time and any revised version will be deemed to be applicable from the first date of publication on the Website. Any changes to the Terms of Use will be effective immediately for all users. In case you have an existing account with us, such changes shall be effective thirty (30) days after posting notice of such changes on the Website. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Website. If you do not agree to any change(s), you must stop using the Site. If you continue to use the Website, it shall be deemed that you agree to the revised Terms of Use.

18. Termination:

(1) The Company reserves full right to terminate your use of the Website if it believes, in its absolute and sole discretion that you have breached, violated or exploited any of the terms of the use of the Website or any applicable law or acted unethically. Notwithstanding anything stated in this clause, the Terms of Use along with the Privacy policy shall survive indefinitely unless the Company chooses to terminate them. Upon discontinuation of further use of the Website by you, the Company may terminate the Terms of Use without notice and deny you

any access to the Website without taking any responsibility and without assuming any liability for the same. The Company reserves the right to preserve certain content for legal, tax or regulatory compliance. Any termination shall not cancel the obligation to pay for Services already ordered or other liability that may have arisen under these Terms of Use. If you use any false email id or mobile number or use the Website for any fraudulent or unlawful purposes or with any mala fide intentions which may cause inconvenience and leads to breach of the Terms of Use or Privacy Policy of the Website, the Company reserves the right to block your access to the portal, terminate all accounts including linked accounts, without any notice to you for which the Company shall not be held responsible or liable in any way whatsoever.

19. Miscellaneous Provisions:

(1) These Terms of Use along with the Privacy Policy constitute the entire agreement and understanding between you and the Company with respect to use of the Website, superseding all prior or contemporaneous communications with the Company. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of these Terms of Use are displayed for convenience only. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.