Terms
& Conditions

1. INTRODUCTION

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

The domain name www.HealthCred.co.in ("Website") is owned by Vidyasoh Healthcare Tech Service Private Limited, a private limited company incorporated under the Companies Act, 2013 with its registered office at, 4/24-NEW-1/357 SHRI RAM NAGAR SHAHDARA North East DL 110032 IN (hereinafter referred to as "HealthCred", which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns). HealthCred reserves the right, at its sole discretion, to change, modify, add or remove all or any of these terms of service (“the Terms”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates and changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions The Website acts as an online platform for connecting its users with funding partner/s for funding their digital marketing spends. The Company does not provide any kind of guarantee or assurance to its users of the Website about the funding or any potential growth of business or profits of the users

2. SCOPE

2.1 The following Terms govern your use of our Website and the information accessible on or through this Website. If you are unwilling or unable to be legally bound by these Terms, please do not use the Website. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Website, or (b) if you are not of legal age to form a binding agreement with HealthCred.

2.2 By accessing the Website in any manner, including, but not limited to, visiting or browsing the Website you agree to be bound by these Terms. Our Terms applies to all the visitors, users and others who access our Website ("you or your users").

2.3 It is clarified that all references to 'he', 'his', 'him' and 'himself', in the context of the user, shall be deemed to include references to users of the opposite gender as well as users who are legal or non-natural entities.

2.4 The Website is not liable for the veracity and creditability of the funders or the source of the funders, the users are required to do the diligence before taking funds for their business purpose.

3. USE OF WEBSITE

3.1 Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and to be consulted and be provided with funding from funding partner/s connected through the Website as and when you require.

3.2 You will not submit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.

4. REGISTRATION

4.1 You shall register yourself on the Website, HealthCred shall provide a username and password (“Login Credentials”) to you to use the services on the Website.

4.2 You shall take appropriate measures to protect the Login Credentials and make sure that you do not share the Login Credentials to any third-party without the prior written consent of HealthCred.

4.3 HealthCred reserves the right to revoke your access to the Website without prior notice, at any time, during the term of this Agreement, if it has reason to believe that there has been a misuse or unauthorized access or ownership of the Login Credentials

4.4 HealthCred reserves the right in its sole discretion to refuse registration of or cancel a user ID. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You shall never use another user account without the other user's expressed permission. You will immediately notify us in writing of any unauthorized use of your account, or other known account-related security breaches.

4.5 You may deactivate your account at any time you desire, in which case your profile information, including your name, contact details and profile picture uploaded by you, will be deleted from our database within 90 days. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. HealthCred has no control over the search results that show up in such third-party engines or websites.

5. INTELLECTUAL PROPERTY

5.1 "Intellectual Property" shall mean patents, patentable materials, inventions, algorithms, designs copyrights, trademarks, domain names, trade secrets, know- how, including, but not limited to, source code, data, presentation, research, documents, product plans, products, pricing, services, customers/ business information, methods, processes, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise.

5.2 You hereby agree and acknowledge that the rights granted to you under these Terms do not convey any additional rights in the services provided on the Website, or in any Intellectual Property associated therewith.

6. INFORMATION COLLECTED

6.1 HealthCred will only collect, store, use, and share your personal information (including email address) as it is defined by our Privacy Policy and as regulated by Indian laws.

6.2 User should agree and allow HealthCred to share necessary data with the Funding Institutions and user also give consent to fetch CIBIL/Bureau reports for assessing credit eligibility.

7. CONSENT

7.1 I/We hereby consent to receive information from Central KYC Registry through SMS/Email on the registered number/email address.

7.2 I/We hereby consent to retrieve/download KYC records online from the Central KYC Registry using my KYC Identifier.

7.3 I/We hereby authorize HealthCred and/or Capital Partners of HealthCred to pull my Credit Score from Bureaus and validate my KYC.

7.4 I agree and consent that HealthCred will use different third parties to analyse my data including but not limited to Bank statement.

8. LINKS TO THIRD PARTY WEBSITES

The Website may contain links and interactive functionality interacting with the websites of third parties. HealthCred is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, HealthCred strongly recommends that the user reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website

9. PRIVACY POLICY

The User hereby consents expresses and agrees that he has read and folly understands the Privacy Policy of HealthCred. You further consent that the terms and contents of such Privacy Policy are acceptable to you. It is our policy to respect your privacy regarding any information we may collect from you within the framework of our privacy policy.

10. DISCLAIMER

10.1 The services on the Website are provided “as is” without warranty of any kind. Some part of Website including the data procured on the Website, contains some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available and HealthCred disclaims all warranties, whether express, implied or statutory, regarding the Website, including without limitation any and all implied warranties of merchantability, accuracy, authenticity and/or accuracy of data, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and any warranties or conditions arising out of course of dealing or usage of trade. Further, HealthCred disclaims any warranty that your use of the Website will meet any or all of your requirements or that such use will be uninterrupted or error-free.

10.2 HealthCred makes no guarantees with respect to the procuring of funding as they provide only a platform that facilitates funding support for its customers/users through funding partners. At no point of time shall HealthCred be liable or responsible for any contingent loss or loss of opportunity or loss of business to the Company for not securing any financing or not securing any financing within a certain time period.

10.3 HealthCred may change the method of access to their Website at any time. In the event of degradation or instability of HealthCred system or an emergency, HealthCred may, in its sole discretion, temporarily suspend your access to their Website.

10.4 All documents submitted by you for the purpose of fund facilitation, shall be true and correct and the user/s shall not submit any incorrect documents.

10.5 The Website or the Company is under no obligation to become involved in disputes between any users and funders, or between users and any third party arising in connection with the use of the Website. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Website. You hereby unconditionally release the Website and the Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.

10.6 Funders agree to not hold the Website or the Company responsible for any of their dissatisfaction related to the customer/user they funded and must deal with the user directly. Funders, by making a funding to a user on the Website, are assumed to have understood that business run the risk of getting delayed or not completed.

11. CONDUCT OF THE SERVICES

11.1 Users hereby agree, undertake and covenant that, during the use of the Website, the user shall not host, display, upload, modify, publish, transmit, update or share any information that:

11.1.1 Belongs to another person or entity and to which you do not have any right.

11.1.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India.

11.1.3 is misleading in any way.

11.1.4 involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

11.1.5 infringes upon or violates any third party's rights including, but not limited to, Intellectual Property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.

11.1.6 provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses.

11.1.7 tries to gain unauthorized access or exceeds the scope of authorized access to the service.

11.1.8 engages in commercial activities without HealthCred's prior written consent such as engaging in contests, sweepstakes, barter, advertising etc.

11.1.9 interferes with another user’s use and enjoyment of the service.

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

11.1.11 contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any Devices or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

11.1.12 Your use of our service is solely for your personal and non- commercial use. Any use of the service or products or their contents for commercial purposes is prohibited. Your personal and non- commercial use of this service shall be subjected to the following restrictions:

11.1.12.1 You may not decompile, reverse engineer, or disassemble the contents of our Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from our Website or remove any copyright, trademark registration, or other proprietary notices from the contents of our Website.

11.1.12.2 You will not (a) use our Website for commercial purposes of any kind, or (b) advertise or sell any products, service or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website/our products in any way that is unlawful, or harms HealthCred or any of their representatives.

12. INDEMNITY

You agree to indemnify and hold harmless HealthCred, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their representatives, directors, agents, and employees, from any claim, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys, fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy (as defined below) and other policies, or violation of any law, rules or regulations or the rights (including infringement of any Intellectual Property rights) of a third party by you.

13. SHARING OF INFORMATION

13.1 HealthCred does not rent, sell, or share information with other people or with other non-affiliated entities, except with your consent, to provide services you have requested for or under the following circumstances

13.1.1 HealthCred may engage third-party vendors and/or contractors to perform certain support services, who may have limited access to your personal information.

13.1.2 HealthCred may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims or as otherwise required by law. This may be done in response to a law enforcement agency's request.

14. CONFIDENTIALITY

14.1 HealthCred has taken adequate measures to protect the security of your personal information, business information and third-party information ("Information") and to ensure that your choices for its intended use are honored. HealthCred takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

14.2 HealthCred considers the confidentiality and security of your information to be of utmost importance. It, therefore, uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and HealthCred will not share your Information with third parties, except as otherwise provided in these Terms and HealthCred’s privacy policy (“Privacy Policy”). Please be advised, however, that while we strive to protect Information and privacy, we cannot guarantee or warranty its absolute security when information is transmitted over the internet to the Website.

14.3 HealthCred will annually evaluate this necessity considering your privacy and our relationship while keeping the applicable legislation in mind. Non-personal information will be retained indefinitely

15. LIMITATION OF LIABILITY

15.1 We shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under these Terms.

15.2 At any point of time, our liability for any loss arising from a particular transaction carried out by you on the Website shall not exceed the Fees received by us for that particular transaction.

16. COVENANTS

16.1 No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any user or funder, without the prior written consent of the Company.

16.2 No person shall, unless the Company, its applicable affiliate, and/or the applicable third party provider gives you prior written consent, sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization).

16.3 You agree not to decompile, reverse-engineer or disassemble any materials, information or other content available through this Website and not to insert any code or product to manipulate the content in any way that affects the User's experience. Unless we give you prior written permission, use of any web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine this Website is strictly prohibited. You agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by the Company or its applicable affiliates relating to this Website, its content or otherwise referenced therein, including but not limited to the patents and trademarks listed in these Terms.

17. MINOR

Service is not intended to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. HealthCred does not intentionally or knowingly collect personal information through the Website from anyone under the legal age. We encourage guardians to be involved in the online activities of a minor to ensure that no personal information is collected from a minor without their prior consent.

18. TERMINATION

18.1 We, in our sole discretion, may modify, suspend, or terminate access to, all or any portion of the services provided on our Website at any time for any reason including termination for breach of any of these Terms.

18.2 None of your content shall remain accessible on the Website upon termination. This information cannot be recovered by you, once the account is terminated by HealthCred or by you

18.3 If you wish to terminate these Terms, you must immediately stop accessing or using the Website at any time and inform us in writing of such termination.

19. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be New Delhi, India and the language used shall be English. Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.

20. CHANGES TO THIS POLICY

We reserve the right to update, change or modify these Terms at any time. The Terms shall come to effect from the date of such update, change or modification.

21. REFUND POLICY

HealthCred does not entertain any request or demand for Fees paid towards the subscription for the services. The Fees paid towards the subscription shall not be refunded unless such claim arises due the breach in any terms of services by HealthCred.

22. COOKIES

To personalize your experience on our Website, we may assign your computer browser a unique random number called a cookie. "Cookies" enhance the website in important ways like personalizing your experience, or making your visit more convenient. HealthCred or its affiliates or vendors may use this data to analyze trends and statistics and keep track of the domains from which people visit and also measure visitor activity on the Website, but in doing so HealthCred shall keep the information anonymous. If you do not want your transaction details used in this manner, you can either disable your cookies or opt out at the download or request page.

23. ELECTRONIC COMMUNICATION

You agree that we may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. HealthCred requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Website. If at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

24. FORCE MAJEURE

HealthCred shall have no liability to you for any interruption or delay in access to the Website irrespective of the cause. Force Majeure event shall be one when there is any cessation, interruption or delay in the performance of HealthCred's obligations due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supply of service, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree. Without limiting the foregoing, under no circumstances shall HealthCred be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning of your information and or data received and or stored or any of our service/s.

25. SEVERABILITY AND WAIVER

These Terms of Service, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between you and the Company with respect to the service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the service and govern the future relationship. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in foll force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

26. GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name : Mr. Shrey Jain
Address : 4/24-NEW-1/357 SHRI RAM NAGAR SHAHDARA North East DL 110032 IN
Email ID : care@healthcred.co.in

27. HOW TO CONTACT US

If you have additional questions or concerns about these Terms or want to make any requests or suggestions regarding certain personal information, please contact us at care@healthcred.co.in

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IMPORTANT DISCLOSURE

HealthCred is a trademark of Vidyasoh Healthcare Tech Service Private Limited, Restrictions apply, See Terms of Service for more detail. HealthCred reserves the right to modify or discontinue its products or offerings at any time and without notice. All product names, logos, and brands are property of their respective owners. All company, product and service marks used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement. HealthCred.co.in is a website operated by HealthCred. By accessing this site and any pages thereof, you agree to be bound by its Terms of Use and Privacy Policy. HealthCred is a Fintech platform and Finance facilitator; connecting financiers & investors to new economy businesses. HealthCred is not a Non-Banking Financial Institution and is not regulated by NBFC regulations. All funding related activities referenced on this site are separately managed by NBFCs, Banks and Funding partners.