Terms and Conditions

These terms and conditions applicable to the use of Federate Health’s Platform and Services (as defined below) together with the Privacy Policy and other terms applicable to the Platform govern the use of the Platform and the provision of the Services to the users of the Platform.

Federate Health Solutions Private Limited (hereafter referred to as “Federate Health”), operates a technology platform (hereafter referred to as “Platform”) for healthcare service providers to manage their day-to-day operational services and engage with their patients. The Service provides a social media management tool that enables users to release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster customers' social media content.“We”, “our” and “us” currently refers to Federate Health in the terms defined below. These Terms are between Federate Health and its Customers, hereafter referred to as “User” or “You” or collectively as “Customers”.

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The Platform supports the adoption of digital practices by providing our Customers with a provider account to use the Platform (involving associated mobile app, web applications and digital services) that builds an online presence, helps them to manage day-to-day operations and to engage with their patients through the digital channels including social media content. The Platform applications are intended only as tools, which help healthcare providers and their patients to collaborate, using communication, scheduling, administrative and data managing capabilities. 
If you do not agree to these Terms of Use and/or are not eligible or authorized to agree to these Terms of Use, then you may not register for the service and are not authorized to use any of the applications or services supported by the Platform.

Customers
Federate Health shall set up a provider account for the Healthcare service providers availing the services of the Platform (hereafter referred to as ‘Customers’). If a provider account is being set up for an individual healthcare service provider who is not formally affiliated with an organization, the Customer is the individual availing the services of the Platform. If the provider account is being set up for a healthcare services organization, the organization is the Customer.

Authorized Users
Customers can create authorized user accounts for their team members who may be employees and/or associates (hereafter referred to as ‘Team Users’), to log in to and use their provider account through appropriate interfaces. The Primary User Account of a provider account, created when the provider account is registered and set up, also counts as a Team User account. All Team Users are directly bound by our Authorized User Terms.

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The use of the services of the Platform (and all its integral apps) requires full acceptance of these Terms of Use and all associated policies. By registering, you agree that:

●    You are a licensed healthcare provider and/or authorized representative of a licensed healthcare organization with the necessary healthcare practice license and legal approvals to provide healthcare services to patients that you will provide services to through your provider account.
●    You shall not register and use the Platform (including associated web and mobile apps) and any other services of Federate Health for any purpose other than providing services to authorized Patients Users seeking your services.
●    You take complete and sole responsibility in assigning authorized Team User accounts only to licensed healthcare providers and qualified healthcare support professionals in roles suitable to their area of responsibility; and you take complete responsibility in training your authorized Team Users in the correct usage of the application and its features to provide services to patients.
●    You are not impersonating any other person and are using your actual identity.
●    The information provided during the registration process is true, accurate, current, and complete. You will be required to provide all necessary information but not limited to your full name, email address, mobile phone number, location, business name and address for setting up the authorised user account.
●    You are required to periodically review and update your registration data to ensure that it is always current and correct.
●    The user account created when registering for the service is considered as the Primary Account and you are authorized to use it.
●    You are responsible for ensuring that all Authorized Users in your provider account are aware of and bound by these Terms of Use.
●    You are at least 18 years old

Usage of the Platform by the authorized Team Users are subject to acceptance of these Terms of Use. These Terms of Use are deemed to include the Privacy Policy, Authorized User Terms, Acceptable Usage Policy and all conditions, policies and operating procedures that are referred to herein or which may otherwise be published by Federate Health from time to time, on their website and in any of the Platform applications.

Customer Data
Authorized Users created by a Customer in their provider account may submit information and content to the Federate Health’s Platform Services, such as communications and usage data, all of which qualifies as ‘Customer Data’ and is owned by the Customer.

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As owner and controller of the Customer Data, the Customer alone may provide us with instructions on what to do with this data. All Customer Data is covered by the Federate Health’s Privacy Policy. Federate Health currently uses highly secure cloud infrastructure.

 
Authorized User Terms
The Customer is responsible for ensuring that all Authorized Users in their provider account are aware of and bound by these Authorized Terms of Use. Authorized Users are aware that the Customer owning the provider account in which they are users has the right to remove and/or restrict their access to the system. The Customer has complete control over the settings and configuration of the provider account and bears responsibility for how it is used.

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The Customer will inform Authorized Users of all Customer terms and practices that are relevant to their use of the provider account and of any settings that may impact the processing of Customer Data. The Customer is also responsible for ensuring that processing of Customer Data in the Customer’s provider account is done as per necessary Indian regulation and law. This also applies to the deletion and export of Customer Data. The Customer is solely responsible for deciding which Team User accounts can be added to their provider account.

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All Authorized Users must be of legal age necessary to operate their user account in the role intended by the Customer when authorizing them to use their provider account. If you are a Team User, you must also be of legal working age and possess the necessary licence and qualifications for your role.

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Federate Health reserves the right to deny or revoke access to anyone to a provider account, or to any part of its Platform thereof, at any time in its sole discretion, if there is perceived to be a violation of any terms of use.

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Federate Health does not provide any healthcare services, nor is it liable in any way for healthcare services provided by Customers through their provider account to their patients.

All Customers and Authorized Users are bound by the Acceptable Usage Policy defined in this document.

Acceptable Usage Policy
This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our Platform by Customers and Authorized Users in the provider accounts of our Customers.

Any violation of the policy could result in the suspension of your access to the Platform Services and if found to be deliberate, repeated and possibly harmful to other users will result in termination of your access to the Platform. This policy may change as the platform evolves, so please proactively look up updates to the policy.

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Your user account username and password are unique to you, and you agree not to disclose or share your username and password to or with any third party. You are responsible for keeping your password confidential and for notifying us immediately if your password has been hacked or stolen. You also agree that you will be solely responsible for any activities conducted on or through the Platform with your account regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer. You hereby release and hold harmless Federate Health from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of your account.

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Your use and access of the Platform, its apps and services, is entirely at your own initiative and risk. You are solely responsible for compliance with Indian and local laws in your state with regard to the use of such services. Federate Health does not claim that the Platform is fully compliant for use within other countries and territories from where it may be accessed.

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From time to time, some of our users do provide us with feedback on recommended changes and/or corrections to our Platform and apps. Such recommendations are sometimes accepted if they fit in with our overall product roadmap. If you provide such feedback, you warrant that it does not include any person or entity’s proprietary information. You also fully agree that Federate Health is not obliged to use or act on this feedback and even if it does, it has full, royalty-free, perpetual, irrevocable, transferable, and global license to use this feedback.

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Federate Health is constantly updating the Platform and apps in order to provide the best possible experience for its users. All users acknowledge and agree that the form and nature of the services provided by the Platform may change from time to time. Features may be added, improved or changed without prior notice as per the demands of changing technology, domain and the best interests of the users.

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You shall not use the Platform and its apps and services for any purposes other than those intended by Federate Health and as determined by Federate Health at its sole discretion. You shall not attempt to circumvent any security measure put in place for the Platform users or attempt to gain unauthorized access to any services, user accounts, or computer systems or networks owned and/or controlled by Federate Health, through hacking, password mining or any other means.

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You shall not upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment. You shall not attempt to access or obtain information regarding any account other than your own, by any means whatsoever. You may not use the Platform and its apps and services in any manner that could damage, disable, overload, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the site and services. You may not use any robot, spider, scraper, or other automated means to access the Platform or website for any purpose without our written permission.

 

Violation of this policy may result in termination of your access to the Platform, deactivation or deletion of your registration and all related information and files you have stored on the site.

If you are a competitor service, you shall not use this service as a user to study and copy features and services provided by the Platform, apps and services.

In order to protect the integrity of its Federate Health website and Platform Services, Federate Health reserves the right at any time in its sole discretion to block users from certain IP addresses.

You are responsible for the information you voluntarily post and agree to defend (at your sole expense), indemnify and hold Federate Health harmless from any damages, losses, costs, or expenses which Federate Health may incur as a result of information in your post.

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You are solely responsible for exporting and/or requesting the export of all your Data before expiry or cancellation of your provider account, should you choose to discontinue using it and/or should your account be terminated. A request for data portability shall be accepted per the prevailing regulations set by Indian laws. 

Customer Responsibilities
In addition to the above general terms of acceptable use, the following responsibilities apply to all Customers and their Team Users.

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The Customer is responsible for all the settings and configuration applied in the provider account, including management of user accounts, configuration of services and provision of those services and management of Customer Data, which is impacted by such configuration. You are completely responsible for the Customer Data in your provider account including ensuring the usage practices by you and your Team Users in maintaining the privacy and confidentiality of data in your provider account. You will comply with healthcare and data regulation rules applicable to healthcare providers and organizations in India. You are solely responsible for choosing to use the Platform Services after ascertaining that it meets the necessary regulatory compliance applicable to your operations.

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You will not publish or distribute in any form, any patient healthcare information without their informed consent. Federate Health is not liable for your handling of your own data and nor for any outcomes as a result of that. The Customer will be responsible for all the activities in your provider account and in the authorized Team User accounts of your employees and/or associates.

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The Platform serves only as a technology enabler for day-to-day operational services and patient engagement services using social media content that you choose to provide. Any disputes between you and your patients will be dealt with by you directly. Federate Health has no obligation or liability to monitor services within provider accounts. Federate Health takes no responsibility for healthcare and/or other information that may be published by healthcare providers in their own provider account. Healthcare providers are completely liable to ensure that such content is medically correct, original and that it causes no intended or unintended harm to its readers. Federate Health retains the right to review and delete any published content related to any provider, if such content is brought to Federate Health’s notice. Federate Health takes no responsibility in having to review content published in the provider account.

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You unconditionally agree to receive certain essential automated SMS, mobile and email notifications relevant to system events from the Platform apps to the mobile number and email address associated with your user account, irrespective of whether you have subscribed to any Do-Not-Disturb (DND) services.

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Subscriptions & Payments

All use of a provider account by a Customer and their Authorized Users are based on subscription to a relevant Subscription Plan for the Platform. A Subscription Plan defines the scope and level of usage of the Platform Services by the Customer and their Authorized Users. The Platform also provides add-on services that the Customer can optionally purchase and use.

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When you register for a free trial of the Platform, the service will be available to you free of charge until the end of the free trial period or until termination of your trial for any reason at our discretion. Unless you purchase a subscription within expiry of your trial, your provider account will be deactivated.

 

Subscriptions and other payments need to be paid online through the Platform Subscription interface provided by Federate Health.

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All subscriptions automatically renew at the end of the billing cycle and the upcoming subscription period shall be equal to the preceding subscription period. All subscription payments are paid forward for the upcoming subscription period. Failure to pay the subscription fees on time will result in your provider account being deactivated. Deactivated accounts can be reactivated by making the necessary subscription payment.

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Federate Health reserves the right to change plans and pricing at any time. The changes will be notified either by email to the Customer and on the Platform.

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All information in your billing account should be current and accurate. All billing related mails will be sent to the email address that you have provided. All charges collected for a billing cycle are non-refundable, irrespective of account cancellation, or termination. Late payments will result in suspension of service until payments are made.

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Privacy Policy
All users of the Platform are also bound by the Privacy Policy.

Third Party Services
Federate Health may provide tools through the Service that enable you to import and export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Facebook or Instagram, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize Federate Health to transfer that information to and from the applicable third-party service. Third-party services are not under Federate Health’s control, and Federate Health, to the fullest extent permitted by law, is not responsible for any third-party service’s use of your exported information. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Federate Health will have no control over the information that has been shared.

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Federate Health may display informational (including sponsored content) to users of the Platform at relevant locations. To enable this, Federate Health’s website and Platform Services may include links to other websites, possibly in content within the apps. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only. We do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these sites external to Federate Health.

For customers using own email domains for sending of email notifications from their provider account, despite all relevant configuration of DNS, SPF, DKIM and DMarc settings, it can in rare cases be expected to observe some delay or potentially even initial delivery issues, due to the verification policies and algorithms of certain email services providers. This generally resolves after a certain level of usage, after which the emails are safely considered as non-spam. Beyond ensuring correct sending of email notifications, Federate Health does not bear responsibility for the last point delivery of email notifications having no control over this external environment factor.
Delivery of SMS messages depends on last mile carrier networks (in the recipients location) and there may be instances where messages verified as delivered by SMS gateway services may be reported to not have been received by the end user recipient. Federate Health is responsible for ensuring the correct sending of notifications and supports multiple notification channels. However Federate Health does not own the responsibility for the last point delivery of SMS notifications having no control over that factor. Customers are required to opt to use/not use SMS notification channels in their provider account according to the needs of their users and the delivery performance observed for their user base.

Federate Health is not responsible for non-accessibility of the Customer’s provider account caused by wrong DNS settings made by the Customer.

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User Content

Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to or via the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service subject to the licenses granted in these Terms.

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Limited License Grant to Federate Health
By Posting User Content to or via the Service, you grant Federate Health a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Federate Health’s exercise of the license set forth in this Section.

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User Content Representations and Warranties
You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Federate Health disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
●    you are the creator and owner of the User Content, including the User Mark, or have the necessary licenses, rights, consents, and permissions to authorize Federate Health and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Federate Health, the Service, and these Terms;
●    your User Content, and the Posting or other use of your User Content, including the User Mark, as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Federate Health to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;
●    your User Content does not contain (i) language that incites or leads to physical violence or causes emotional harm towards a community that is historically marginalized; (ii) content that clearly aims to undermine or invalidate the experience of a community that is historically marginalized; (iii) content aimed to incite violence, lead to physical or emotional harm, hate, abuse, or the spread of false information; and (iv) false information which we determine is dangerous and can lead to violence, harm, severe illness, and/or death, including:
- astroturfing;
- fake accounts, deceptive behavior, bad actors;
- misleading or potentially harmful content;
- content that advances any misinformation narrative, conspiracy theories, or hoax that we determine as leading to harm.
- COVID-19 misinformation that could contribute to a risk of spreading COVID-19 and vaccine misinformation; and
- content intended to suppress one’s right to vote;
●    your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
●    your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment. The following serves as a guide to help illustrate generally the types of content that fall within the scope of Federate Health’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Federate Heal may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Federate Health’s Services integrate or interoperate.
●    your User Content should not include confidential Patient information unless you have acquired explicit consent from the Patient. Confidential patient information is information that both identifies the patient, and includes some information about their medical condition or treatment. Information that identifies an individual patient should be removed or pseudonymised.  

 

Updates
Federate Health may change these Terms of Use (and any associated Policies) at any time, at its sole discretion, in whole or part. In the event of any material or substantial change in the terms and conditions Federate Health may notify you by posting an announcement of the changes on its website, through its applications or by email. You are expected to periodically check these Terms of Use and associated policies for changes. By continuing to use the Platform and its apps after any change to these Terms of Use, you acknowledge and accept the changes. The Terms of Use as they apply to you as a user, may not otherwise be amended.

Intellectual Property, Copyright and Trademarks
The Platform, applications and website, all content and information, visual designs and branding created by and for Federate Health, and all intellectual property rights embodied therein, are the property of Federate Health and are protected by trademarks, copyrights, patents, proprietary rights and IP laws.

Federate Health and the Platform are the trademarks of Federate Health. Federate Health does not grant rights to copy, use, modify, reproduce, adapt, distribute or create derived works of any part of its Platform, apps, content, website and design. Any reproduction of the contents, in whole or in part, regardless of the procedure or the medium used, shall require the express prior written authorization of Federate Health.

Attempting to use or access the Platform, apps, services and website for any purposes other than intended as per these Terms of Use is prohibited. Federate Health reserves the right at any time in its sole discretion to block and terminate users violating these terms, in addition to taking legal action where necessary.

Limited Warranty
To the extent allowed by applicable law, implied warranties on the Software, Federate Health software and services are provided without any warranty of any kind, and Federate Health hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, quality, performance, accuracy, reliability, loss or corruption of data, business interruption or any other commercial damages or losses, arising out of or related to the software. Federate Health makes no warranty that the services will be available and accessible uninterrupted or error-free or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of this agreement.

To the maximum extent permitted by applicable law, the above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.

 
Limitation of Liability
The users expressly understand and agree that federate health and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if federate health has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) any changes which federate health may make to the services (v) your failure to keep your password or account details secure and confidential;(vi) any other matter relating to the service.

The limitations on Federate Health’s liability to the user shall apply whether or not federate health has been advised of or should have been aware of the possibility of any such losses arising.

Indemnification and Release
You agree to defend, indemnify and hold harmless Federate Health, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation in services provided by the Platform; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property; or any claim that your submitted content has caused damage to a third party. This defence and indemnification obligation will survive the terms of service and your termination of your account.

Termination
These Terms of Use take effect from the time you start using Federate Health’s platform in any capacity, until it is terminated by you and/or Federate Health as provided below.

On termination of your account, you will no longer be able to use your provider account or any Platform Services. The same will apply to Authorized Users in your provider account. Any obligations you may have prior to the effective date of termination must be met. Federate Health also retains the right to pursue any action to remedy breach of these Terms of Use.

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In the case of terminations, there will be no refund of subscription payments. Federate Health also retains the right to pursue any action to remedy breach of these Terms of Use.

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Deactivated and/or cancelled provider accounts are maintained for a maximum of 30 days before the account is deleted. Deletion of a provider account will include permanent deletion of all Customer Data and configurations in the account. We will make Customer Data available to you for export or download, upon request made by you within this 30-day period and per the applicable regulations and laws prevalent at that time. We have no obligation to maintain Customer Data after this 30-day period. Federate Health is not responsible for any loss or other consequences caused by deactivation or deletion of a provider account.

Assignment
Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Agreement in its entirety (including all order forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. The Customer will keep its billing and contact information current at all times by notifying Federate Health of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties.

Jurisdiction and Governing Law
These terms shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai, India. These Terms of Use and associated policies shall be admissible in all legal proceedings. Use of the Platform and its services is not authorized in any territory of jurisdiction that does not give effect to all provisions of these Terms of Use, including this section.

Release for Force Majeure
Federate Health and its officers, directors, employees, agents, content providers, and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which Federate Health or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labour problems, wars, or governmental restrictions.

General Provisions
This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter thereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter thereof. You may not assign or sub-license any of the rights and obligations under this Agreement without prior written consent of Federate Health. Any notices in this regard need to be delivered in written format and acknowledged as received. Federate Health may subcontract its responsibilities under this Agreement, without your consent to a third party considered by Federate Health in good faith to be of equal standing and integrity provided that material provisions of this Agreement shall be reflected in any agreement entered into between Federate Health and such third party. No partnership, joint venture, agency or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. If, for any reason any provision of this Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, and this Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.

Contact Us
If you have any questions or concerns about this Privacy Policy, please email us at support@federatehealth.com