With the endeavour to efficiently use digital media, our vision is to reach out to the community at large, enabling them to make use of the ease and convenience of the DIGITAL ECONOMY.

Frenosis in its pursuit of the aforesaid vision, has created an Android/IOS based application (“App”) and a web-based platform (“Website”) which would serve as a digital intermediary between users and Labs. Frenosis through its Healthcare Vertical connects Diagnostic Centres (“Lab(s)”) and nursing support, aaya providers (“Homecare Service Provider”) within the local limits of the user, depending on their current location, in order to provide various diagnostics and homecare services at affordable and uniform prices, including home collection for samples, on-call consultation, nursing support etc.

USER TERMS

These terms of use (“Terms of Use“) mandate the terms on which users (“You” or “Your” or “Yourself” or “Users“) interested in browsing or availing Frenosis services of accessing the platform www.frenosis.com and the mobile application owned and operated by Frenosis (App and Website collectively referred to as, the “Platform“) which connects Labs and Homecare Service Providers registered on the Platform (“Listed Entities“) with You for You to avail the Frenosis services. The service of providing the Platform to Users as an online intermediary is hereinafter referred to as “Frenosis Services or “Our Services

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By clicking on the “I Accept” button, You accept this Terms of Use and agree to be legally bound by the same.

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, forming a part of this Policy, along with any amendments made by Frenosis at its sole discretion and posted on the Platform from time to time.

For the purposes of these Terms of Use, the term ‘Company’ or ‘Frenosis‘ or ‘Us‘ or ‘We‘ or ‘Our’ refers to Frenosis Private Limited. The term You” or “Your” or “Yourself” refers to the User or visitor of the Platform i.e. the App and/ or Website.

When You use Our Services, You will be subject to the terms, guidelines and policies applicable to Frenosis Services and as set forth in these Terms of Use.

As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platform and Our Services.

1.       REGISTRATION

1.1.    You shall be permitted to access the Platform, avail the Frenosis Services and connect with Listed Entities on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, Frenosis Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number while registering on the Platform.

1.2.    As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.

1.3.    Frenosis shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform Frenosis of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that Frenosis has not independently verified the information provided by You.

1.4.    Frenosis shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Frenosis has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Frenosis reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

2.       LISTED SERVICES:

2.1.     “Listed Services” shall hereinafter be referred to the services provided by the Labs/ Homecare Service Providers registered with Frenosis and listed on the Platform i.e. the Listed Entities.

2.2.    To connect the Users with the relevant Lab(s) wherefrom they can choose health-related diagnostic test services, by way of, (i) home collection of samples by the respective Lab personnel as well as timely delivery of test/ diagnosis reports; and (ii) book slots in a particular Diagnostic Centre for walk-ins to avail the necessary services (“Lab Services”).

2.3.    To provide a medium to enable the User to evaluate Lab(s) depending on factors such as location, rates, time for delivery of reports, customer rating, comparative analysis between labs etc. (“Comparative Analysis”)

2.4.    To connect Users with organisations, registered on the Platform, running homecare services like aaya and nursing support to avail the necessary services (“Homecare Services”)

3.       Once the services by the Labs/ Homecare Service Providers have been completed, as the case may be, You shall promptly notify the same on the Platform.

4.       Please note, We are only a digital intermediary that facilitates in connecting You with the respective Listed Entities through the Platform using technology i.e. Frenosis Services. All provisions of services of sample collection, report delivery, nursing, aaya support and any other services incidental to and in connection with the Listed Services, whatsoever, shall be the responsibility of the Listed Entities. Frenosis assumes no liability with respect to the services provided by the Listed Entities, so provided.

5.       Frenosis is only a facilitator between You, and the Listed Entities and We only provide You with access to the Platform to connect with the Listed Entities for You to initiate the service on the Platform. Frenosis will not be a party to any of the transactions that are initiated by You through the Platform and We shall not be liable in any manner or incur any liability with respect to the services performed by the Listed Entities. Further, the Company shall not be liable for the conduct, acts and omissions of the Listed Entities (including their employees and consultants) in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Listed Entities.

6.       Frenosis may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Listed Services listed above from time to time. Frenosis does not provide any guarantee to You that the Listed Services will be made available to You at all times.

7.       You shall be eligible to avail the Listed Services as per applicable laws. If You are availing the Diagnostic Service, using the Platform, for which You may be required to have a valid prescription from a medical practitioner, as per the applicable law for the time being in force in India during the time of initiating the transaction, You shall, ensure that physician, as far as possible, prescribe the tests/ diagnostics in the general and ordinary medial parlance and he / she shall ensure that there is a clear prescription, for the respective Diagnostic Service, and will upload the same on the Platform, while initiating the transaction with respect to the same on the Platform. Failure to do the same, shall result in cancellation of the transaction. Only upon verification of the medical prescription, will You be able to avail the respective Listed Services for the required tests/ diagnosis. The Lab-wise diagnosis tests where a valid prescription from a medical practitioner, eligible to and practicing in India, is required has been listed in Table A to this Terms of Use. However,fortests/ diagnostics, not included in the said Table, including designated tests/ diagnosis in ‘packages’ as provided by the respective Lab(s), a prescription shall not be required.

8.       You hereby acknowledge that Frenosis shall not be liable for any damages of any kind arising from Your use of the Listed Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

9.       Frenosis shall be entitled at any time without giving any reason terminate Your request for any Listed Services.

10.   You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of slots of the Listed Entities around Your area at the time of such scheduling and re-scheduling a transaction. Should You choose to reschedule a transaction on the Platform at a later point of time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time, subject to the availability of the services of the Listed Entities.

11.   If a transaction initiated by You on the Platform cannot be completed, Frenosis shall notify You on the Platform.

12.   You agree to provide as much information as possible on the Platform with respect to the Listed Services You wish to avail, using the Platform

13.   Frenosis shall use Your location based information that is captured by Frenosis through global positioning system when You are using Your mobile device/ computer to request Listed Services on its Platform. Such location based information shall be used by Frenosis only to facilitate and improve the Listed Services being offered to You;

14.   Frenosis reserves the right to refuse to perform any request on the grounds of such tasks being immoral/unethical/unlawful/banned either by Frenosis internal policies or as per the independent discretion of Frenosis. Fenosis may also refuse to perform any request on the grounds that such task is prohibited under any contract to which we are party.

15.   You understand and acknowledge that Fenosis by itself does not provide any such services of the Listed Entities. Frenosis is not responsible for the quality, or fitness of the tests/ diagnosis/ homecare services. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to any service from the Listed Entities You may contact Frenosis support for routing your grievances to the Listed Entities through the Platform.

16.   You hereby acknowledge that if You have any complaint with respect to the Services, You will first inform Us in writing within 24 (twenty four) hours of using such Services.

17.   You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by Frenosis. Further, You understand and agree that certain information will be case sensitive and must be handled with prudent care.

18.   In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Frenosis reserves the full discretion to suspend a User’s Account in the above event and does not have the liability to share any Account information whatsoever.

19.   PAYMENT TERMS

19.1.         While initiating a request for a Listed Services, You shall pay for the price of the Listed Service before such initiation. The transaction for the Listed Service will be initiated on the Platform once You have completed the payment for the same on the Platform.

19.2.         Upon payment for the Listed Service, a unique reference ID will be generated, which has to be produced to the representative of the Listed Entities at the time of availing such service.

19.3.         Based on the unique reference ID code the representative of the Listed Entities shall enter the same into the App thus commencing the provision of such service.

19.4.         Thereafter, once the service is received, both the User and Listed Entities shall close the transaction and such transaction shall be completed successfully.

19.5.         You agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform.

19.6.         You agree that: (i) after completion of a transaction on the Platform, the Platform will prompt to You with an option to provide a rating and comments about the Listed Entities (with respect to the services performed by the Listed Entities); and (ii) the Listed Entities may also be prompted to rate You on the Platform. Based upon such Listed Entities ratings, Your rating score on the Platform will be determined and displayed.

19.7.         You acknowledge and agree that Your geo-location information is required for You to avail the Frenosis Services and initiate transactions on the Platform for the Listed Services. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, Frenosis may share Your geo-location information with Listed Entities

20.   CANCELLATION AND REFUND

20.1.         The Company shall confirm and initiate the execution of the transaction initiated by You upon receiving confirmation from You for the same. If You wish to cancel a transaction on the Platform, You shall select the ‘Cancel’ option on the Platform. It is to be noted that You may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Listed Entities, which will be in accordance with the cancellation and refund policies of such Listed Entities.

20.2.         Frenosis may cancel the transaction initiated by You on the Platform, if:

20.2.1.             The designated address to avail the Listed Services provided by You is outside the area servicing zone of Frenosis.

20.2.2.             Failure to get your response via phone or any other communication channel at the time of confirmation of the transaction booking.

20.2.3.             If the transaction involves the tests/ diagnosis for which a medical prescription prescribed by a medical practitioner is required and for which You have not provided such medical prescription or provided an invalid medical prescription.

20.2.4.             Information, instructions and authorizations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform.

20.2.5.             When such Listed Entities are closed.

20.2.6.             If the Listed Entities is not available to perform the services, as may be requested.

20.2.7.             If the tests/ diagnostics for which You have initiated the transaction is not available with the registered Lab(s).

20.2.8.             If the transaction cannot be completed for reasons not in control of the Company.

20.3.         You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction, subject to relevant Listed Entities refund policy and in accordance therein. You shall be eligible to get the refund only when Frenosis has cancelled the order because of any reason mentioned under Para 20.2 above.

20.4.         While all refunds shall be governed by the respective Listed Entities refund policy, however all decisions with respect to refunds will be at the sole discretion of the Frenosis and the same shall be final and binding. All refunds initiated by Frenosis shall be refunded within 6-7 working days to the financial source account from which, You have initiated the transaction on the Platform, and no other.

21.   GENERAL TERMS OF USE:

21.1.         Offers, points or coins, by whatever name called, given to Users for using the Platform i.e. Frenosis Services, shall be hereinafter referred to as “Frenosis Promotional Offers”.

21.2.         You hereby agree and acknowledge that the Frenosis Promotional Offers are being extended by Frenosis at its sole independent discretion and nothing shall entitle You to any of the Frenosis Offers. You shall read the terms and conditions of the Frenosis Offers carefully before availing them (refer clause 34 of this Terms of Use).

21.3.         The Frenosis Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Frenosis from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving, using or availing Frenosis Services under the applicable laws.

21.4.         Frenosis reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.

21.5.         You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

22.   USER ACCOUNT, PASSWORD, AND SECURITY

22.1.         In order to use the Platform and avail the Frenosis Services, You will have to register on the Platform and create an account with a unique user identity and password (“Account“). If You are using the Platform on a compatible mobile or tablet, You will have to install the application and then proceed with registration.

22.2.         You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (i) immediately notify Frenosis of any unauthorized use of Your Account information or any other breach of security, and (ii) ensure that You exit from Your Account at the end of each session. Frenosis cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Frenosis or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for using the Platform is expressly prohibited.

23.   REPRESENTATIONS AND WARRANTIES:

23.1.         Subject to compliance with the Terms of Use, Frenosis grants You a non-exclusive, limited privilege to access and use this Platform and the Listed Services thereof.

23.2.         You agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Frenosis or Listed Entites.

23.3.         You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the Listed Services.

23.4.         You represent and warrant that You are legally authorised to view and access the Platform and avail the Listed Services.

23.5.         You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Frenosis. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Frenosis Property (as defined below), to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

23.6.         Further you undertake NOT to:

23.6.1.        defame, abuse, harass, threaten or otherwise violate the legal rights of others

23.6.2.        engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform)

23.6.3.        attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Frenosis server, or through the Platform, by hacking, password mining or any other illegitimate means

23.6.4.        probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

23.6.5.        disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

23.6.6.        collect or store data about other Users and/ or Listed Entities;

23.6.7.        use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

23.6.8.        use the Platform or any material or Frenosis Property (as defined below) for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Frenosis or other third parties;

23.6.9.        falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

23.6.10.    impersonate any other User, Listed Entities or person whatsoever;

23.6.11.    violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

23.6.12.    violate the Terms of Use contained herein or elsewhere.

23.6.13.    threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and

23.6.14.    reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

23.7.         You agree and acknowledge that the use of the Frenosis Services is at Your sole risk and that Frenosis disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

23.8.         Without prejudice to the above, Frenosis makes no representation or warranty that the Frenosis Services will meet Your requirements.

23.9.         All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material“) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Frenosis. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Frenosis prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Frenosis hereby grants You a non-exclusive, freely revocable (upon notice from Frenosis), non-transferable access to view the Material on the Platform.

24.   INTELLECTUAL PROPERTY RIGHTS

24.1.         The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by Frenosis (“Frenosis Property“) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Frenosis Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Frenosis Property without the prior written consent of Frenosis.

24.2.         The trademarks, logos and service marks displayed on the Platform (“Marks“) are the property of Frenosis, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of Frenosis or such third party as may be applicable.

25.   VIOLATION OF THE TERMS OF USE

25.1.         You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Frenosis, its affiliates, Listed Entities, third parties, other users, any other person, as the case may be, for which monetary damages would be inadequate, and You consent to the Frenosis or such other party obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Frenosis or such other party may have at law or in equity. If Frenosis or such other party takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

26.   ADDITIONAL TERMS

26.1.         We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities or Frenosis Promotional Offers (“collectively referred as “Promotions”) available through the Platform. These additional terms shall form a part of this Terms of Use, and You agree to comply with them when You participate in those Promotions, or otherwise engage in activities governed by such additional terms.

27.   LINK TO THIRD PARTIES

27.1.         The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Frenosis shall not be responsible for examining or evaluating such third party websites, and Frenosis does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. Frenosis does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites. If You decide to access any such linked third party website, You do so at Your own risk.

28.   TERM AND TERMINATION

28.1.         The Terms of Use will continue to apply until terminated by either You or Frenosis as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Frenosis Services, Your only recourse is to (i) close Your Account on the Platform by writing to Us at contact@frenosis.com; and/or (ii) stop accessing the Platform. Frenosis will make Your account dormant upon receipt of request in writing.

28.2.         Frenosis may, in its sole discretion, bar your use of the Frenosis Services at any time, for any or no reason. Even after your account with Frenosis is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use.

28.3.         Frenosis may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

28.4.         Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Frenosis chooses to terminate them

28.5.         You hereby agree and acknowledge, upon termination, Frenosis shall have the right to retain all information pertaining to the transactions initiated by You on the Platform, to the extent permitted by law for the time being in force in India.

29.   GOVERNING LAW

29.1.         This Terms of Use shall be governed by and constructed 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 courts, tribunals, fora, applicable authorities at Kolkata, West Bengal

30.   REPORT ABUSE

30.1.         In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: contact@frenosis.com. In case You have any queries with respect to the Terms or the Frenosis Services, please write to Us at contact@frenosis.com.

31.   COMMUNICATIONS

31.1.         You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Frenosis, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail any time by contacting Us at contact@frenosis.com for the same. However, You may still receive communications from Your end with respect to Your use of the Frenosis Service.

32.   GENERAL

32.1.         Amendments: Frenosis reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.

32.2.         Notice: All notices from Frenosis will be served by email to Your registered email address or by general notification on the Platform

32.3.         Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Frenosis rights under the Terms of Use are freely transferable by Frenosis to any third party without the requirement of informing You or seeking Your consent

32.4.         Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect

32.5.         Waiver: Any failure by Frenosis to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Frenosis of that provision or right.

32.6.         Integration: These Terms of Use together with Frenosis Privacy Policy and any other legal notices, communications published by Frenosis on its Platform, and any other agreements executed between You and Frenosis shall constitute the entire agreement between you and Frenosis concerning its Platform, Frenosis Services and governs Your use of the Platform and Frenosis Service, superseding any prior agreements between You and Frenosis with respect to the Platform and Frenosis Service

32.7.         IP Infringement: If You believe the Platform violates Your intellectual property, You must promptly notify Frenosis in writing at contact@frenosis.com. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice: (i) the intellectual property that You believe is being infringed; (ii) the item that You think is infringing and include sufficient information about where the material is located on the Platform, (iii) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform, (iv) Your contact details, such as Your address, telephone number, and/or email, (v) statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and (vi) Your physical or electronic signature

33.   FRENOSIS PROMOTIONAL OFFERS

33.1.         The following terms and conditions are applicable to Frenosis Promotional Offers (“Frenosis Coins T&C“). These Frenosis Coins T&Cs are in addition to and will be read with the User Terms and Conditions available here under User Terms. The Frenosis Coins T&Cs may be amended at the discretion of Frenosis Private Limited (“Frenosis“) and such amended terms will be posted here. Please review these Frenosis Coins T&Cs from time to time.

33.2.         Frenosis Coins T&Cs is a form of redemption points given by Frenosis for its users on the Frenosis Platform and is offered either at the time of registering on Frenosis Platform through any mode as may be indicated by Frenosis.

33.3.         Frenosis Coins may be redeemed by the Users against the Listed Services, subject to these Frenosis Coins T&Cs, and shall be construed, for all practical purposes, as discount given by the Listed Entities in providing the respective Listed Service.

33.4.         Frenosis Coins cannot be clubbed with any other discount or offer run on the Frenosis Platform by the Listed Entities.

33.5.         The quantum of Frenosis Coins issued, the maximum amount of Frenosis Coins that can be used per order and the validity of Frenosis Coins may vary from time to time and will be indicated to a user on their respective Frenosis Platform.

33.6.         Frenosis Coins cannot be converted into actual currency or be withdrawn or transferred to another user in any way.

33.7.         Frenosis Coins is to be used by Users personally. Frenosis Coins cannot be used for business or corporate purposes. Exploiting the use of Frenosis Coins or assisting others to exploit Frenosis Coins is strictly prohibited, and will result in suspension/termination from use of Frenosis Coins and Frenosis Platform. Users must not refer themselves or create multiple, fictitious or fake accounts on the Platform. In addition, Users and their referees cannot (i) use Frenosis Coins to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed unfair, disruptive, harassing, harmful, illegal; (ii) collect or harvest any personally identifiable information from the referral program; or (iii) use any system, bot or other device to participate or receive any benefit through the Frenosis Promotional Offers.

33.8.         Frenosis Coins may not be redeemed for cash. It is not transferable and may not be auctioned, traded, bartered or sold and the laws for the time being in force in India in relation to such promotional offers shall be applicable to Frenosis Coins.

33.9.         Frenosis Coins may not be applicable for certain services and in certain locations, as per the independent discretion of Frenosis. Frenosis shall notify to the Users, in case of any updates to the Listed Services or locations that cannot be redeemed for Frenosis Coins. Frenosis Coins may also not be applicable on certain Listed Services made available by a Listed Entities. These restricted items will be indicated to the User on the Frenosis Platform.

33.10.      In case of any issue pertaining to the quantum of Frenosis Coins, usage of Frenosis Coins etc., the independent decision made by Frenosis shall be final and binding. Further, in the event, Frenosis has reasons to believe, that a User has acted fraudulently for availing Frenosis Coins or has used Frenosis Coins in a manner inconsistent with these Frenosis Coins T&Cs, Frenosis shall upon investigation have the right to suspend the User. Further, pending investigation, the User shall not be entitled to use Frenosis Coins available with them.

33.11.      Frenosis reserves the right to terminate Frenosis Coins or modify these Frenosis Coins T&C and/or benefits at any point in time, without any reason or without notice to users. This wouldn’t affect the Frenosis Coins already issued to users. Frenosis reserves the right to disqualify any user at any time from using Frenosis Coins if there are reasons to believe that such user has violated any of these Frenosis Coins T&C or the User Terms.

33.12.      These Frenosis Coins T&C shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Kolkata.

34.   FRENOSIS REFERRAL PROGRAMME – TERMS AND CONDITIONS

34.1.         Frenosis Referral Programme is a reward program initiated by Frenosis Private Limited (“Frenosis”) for encouraging Users to refer the Frenosis Platform to their friends and family against Frenosis Coins.

34.2.         Each Eligible User (“Referee”) is provided with a referral code, which he/she may choose to share with people known to them personally and have consented to receive such referral code.

34.3.         Each new user (“Referred”) creating an Account on the Frenosis Platform shall receive Frenosis Coins upon them entering the referral code shared by the Referee.

34.4.         A Referee shall receive Frenosis Coins upon the Referred using the Frenosis Platform for initiating for a Listed Service not less than INR 100 (Indian Rupees One Hundred only) within the first 7 (seven) days of creating the Account on the Frenosis Platform.

34.5.         Each Referee can refer up to a maximum of 10 (ten) users.

34.6.         Users must refer and distribute the referral codes only to people known to them personally and have consented to receive such referral code. Users must not send bulk and spam emails to distribute the referral code nor must users post it on any public platform for distribution to strangers. Any violation of these terms will immediately lead to disqualification of use of the Frenosis Platform in addition to exposure to further legal action.

34.7.         Upon a Referee reaching the maximum number of referrals, the referral code shall become invalid.

34.8.         For the purpose of these terms and conditions “Eligible User” shall mean such users as may be indicated by Frenosis from time to time.

34.9.         In case of any issue pertaining to the eligibility to refer or be referred, the independent decision made by Frenosis shall be final and binding. For any issue pertaining to receipt of Frenosis Coins, please write to support@frenosis.com.

In case of any queries, please reach out to us at contact@frenosis.com

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