TERMS & CONDITION OF USE

OVERVIEW

This document is an electronic record in terms of the Information Technology Act, 2000 and will be deemed to be a contract formed through electronic means.

Blupin Technologies Private Limited, a company registered under the Indian Companies Act, 1956, which has its registered office at 820, Sector 17 A, Gurgaon and operates under its trade name "Mylo", (hereinafter referred to as "Mylo" or "We" or "Us" or "Our" or "Company"). This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, Privacy Policy and Terms of Use (“Terms”) for access or usage of  www.mylofamily.com and/or usage or downloading its mobile based application, a portal of Blupin Technologies Private Limited. The website and the mobile based application are hereinafter collectively referred to as the "Mylo Web Platforms".

For the purpose of these Terms, wherever the context so requires "You", "Your" or "User" shall mean any natural or legal person who has agreed to become a buyer / service recipient on the Mylo Web Platforms by providing relevant data or uses by way of browsing the website or downloading mobile applications. In addition to this, for the purpose of these Terms, wherever the context so requires “You”, “Your” or “Vendor” shall mean the individual or any legal entity (company, sole-proprietorship, partnership, HUF etc.) representing itself through its authorised representative only, who has completed the Mylo Registration Form as required by Mylo and is listed as a Vendor on the Mylo Web Platforms. Further, for the purpose of these Terms, wherever the context so requires “You”, “Your” or “Consultant” shall mean the individual, who has completed the Mylo Registration Form as required by Mylo and is listed as a Consultant on the Mylo Web Platforms, being a Registered Medical Professional providing online medical consultation services for the Users.

When You use any of the services provided by Us through the Mylo Web Platforms, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms at any time without any prior written notice to You. It is Your responsibility to review these Terms periodically for updates or changes. Your continued use of the Mylo Web Platforms, following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter, use and download the Mylo Web Platforms.

For the purpose of these Terms, wherever the context so requires, “Booking Date” or “Transaction Date” shall mean the date on which the order has been placed by the User for purchasing the products or availing the services of the Vendor via the Mylo Web Platforms. Further, “Date of Service” shall mean the date on which the products will be delivered or the services will be provided by the Vendor.

Please note that, accessing, browsing, downloading or otherwise using the Mylo Web Platforms indicates Your agreement to all the Terms. Therefore, please read the Terms carefully before proceeding. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by Mylo’s Policies (including but not limited to our Privacy Policy) as amended from time to time.

For the Purpose of these Terms, words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and words importing persons includes individuals, bodies corporate and unincorporated.

A. TERMS & CONDITIONS FOR THE USER

1. USER ELIGIBILITY

Use of the Mylo Web Platforms is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Mylo Web Platforms. If You are a minor i.e. under the age of 18 years, You shall not be eligible as a User of the Mylo Web Platforms and shall not transact on or use the Mylo Web Platforms. Further, if you are a minor, You may only avail the consultation services from the Consultants available on the Mylo Web Platform. Mylo reserves the right to deactivate and / or refuse to provide You with access to the Platforms if it is brought to Our notice or if it is discovered that You are under the age of 18 years.

2. PLATFORM FOR THE PRODUCTS AND SERVICES

2.1. You agree that Mylo acts as a facilitator between the User and the Vendor and User and the Consultant (as the case may be). It is a platform through which Users can (a) purchase various goods and avail services related to child care and care for their family from third party Vendors all over India; and (b) avail medical consultation services from Consultants.

2.2. Mylo is only a platform that can be utilized by Users to reach a larger base to buy and sell products or avail medical consultation services. Mylo is only providing a platform for communication and it is agreed that: (a) any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor; and (b) consultation services availed including purchase and consumption of medicines prescribed by the Consultant based on the online diagnosis shall be a strictly bipartite understanding between the User and the Consultant.

2.3. We enable parents to connect with experts and other parents to make better and more informed decisions. The services provided by Mylo include, but are not limited to, reviewing, rating, commenting, communicating with other Users, Consultants and/or Vendors.

3. YOUR ACCOUNT

3.1. In consideration of Your use of the Mylo Web Platforms, You agree to:

3.1.1. Provide accurate, current and complete information about You as may be prompted by any registration forms and subscription, including, but without limiting, Your name, telephone number, mailing address, bank account details, account and email address on the Mylo Web Platforms ("Registration Data");

3.1.2. Maintain and promptly update the Registration Data, and any other information You provide to Mylo, to keep it accurate, current and complete;

3.1.3. Maintain confidentiality of Your password and identification;

3.1.4. Notify Mylo immediately of any unauthorized use of Your account or any other breach of security;

3.1.5. Where You have availed the online medical consultation services, You shall provide accurate answers to questions posed by the Consultants and all information necessary shall be informed to the Consultant;

3.1.6. Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the services shall be obtained by You at Your own cost;

3.1.7. Accept all responsibility for any and all activities that occur under Your account (whether through authorized or unauthorized access) including, but without limitation to, information retrieved, stored and transmitted through the Mylo Web Platforms by You;

3.1.8. Accept all risks of unauthorized access to the Registration Data and any other information You provide to Mylo; and

3.1.9. You will ensure compliance with all notices or instructions given by Mylo from time to time to enable the use of the the Mylo Web Platforms.

3.2. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block access of Your account on the Mylo Web Platforms and refuse to provide You with access to the Mylo Web Platforms.

3.3. You agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, you further authorise Company to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.

4. INVITATION TO OFFER

All products, services and information displayed on the Mylo Web Platforms constitute an invitation to offer. Your order for purchase of products or availing the services constitutes Your offer, which shall be subject to the Terms as listed herein. Mylo reserves the right to accept or reject Your offer in part or in full, with or without any reason whatsoever. The acceptance and / or communication to the Vendor of Your offer for the purchase of the products or availing the services will take place upon the dispatch of your products or provision of the services availed by You. No act or omission prior to the actual dispatch of the products or the provision of services to You will constitute acceptance of Your offer.

5. REGISTRATION

5.1. Mylo allows You to either sign in to the Mylo Web Platforms with Your Facebook account or to sign in with Your email address to register with Us.

5.2. Mylo is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Mylo is only providing a platform for communication and it is agreed that any sale of the products or services shall be a strictly bipartite understanding between the User and the Vendor.

5.3. Registration on the Mylo Web Platforms is free for Users. Mylo does not charge the User any fee for browsing and ordering on the Mylo Web Platforms. Mylo reserves the right to change its fee policy from time to time. In particular, Mylo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Mylo Web Platforms. In such an event Mylo reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Mylo Web Platforms and such changes shall automatically become effective immediately after they are posted on the Mylo Web Platforms. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to Mylo

6. TERMS & CONDITIONS FOR OBJECTIONABLE CONTENT

6.1 Mylo has a zero tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content includes, but is not limited to: (i) sexually explicit materials, (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity! (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent! (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. Any user can flag content they deem objectionable for review. Content will be moderated by Mylo to ensure the timely removal of any and all objectionable content. User accounts which have been confirmed responsible for Peeling objectionable content will be restricted from access to the Mylo app.

7. GENERAL TERMS AND TAKEDOWN POLICY

7.1. By registering with us as per Clause 5 and transacting via the Mylo Web Platforms to purchase any products or avail the online medical consultancy services, You represent to Mylo that such registration and purchase is for Your personal and non-commercial use only. Further while using the Mylo Web Platforms, You acknowledge that You fully assume the risks of purchase and sale transactions and You further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the product(s) and/or service(s) that are the subject of the transactions via the Mylo Web Platforms. In addition to the above, You acknowledge that by availing the online medical consultation services from any Consultant registered on the Mylo Web Platforms, You fully assume the risks of harm in connection with a wrongful diagnosis and further undertake that You shall not at any point make any claim against Us.

7.2. Mylo reserves the right, at its sole and absolute discretion, to determine whether anything posted by You is appropriate; and to remove it, without notice or liability to You, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial and non-exhaustive list of the type of activities that Mylo deems to be inappropriate:

7.2.1. Content that criticizes a business or individual beyond that of merely offering an opinion;

7.2.2. Content that harasses or advocates harassment of another person;

7.2.3. Content that exploits people in a sexual or violent manner;

7.2.4. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;

7.2.5. Content that includes racially, ethically, or otherwise objectionable language;

7.2.6. Content that is libelous, defamatory, or otherwise tortious language;

7.2.7. Content that solicits personal information from anyone under 18 years of age;

7.2.8. Content that promotes information known to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7.2.9. Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

7.2.10 Content that is in breach of any rights of a third party including but not limited to intellectual property rights.

7.2.11 Copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Mylo content appearing on or through the Mylo Web Platforms. It is further clarified that where any User/third party makes any complaint with regards to another User’s uploading of contents mention under Clause 7.2 above, such User/third party may intimate Mylo and after investigation Mylo shall be entitled to take down such content if it is deemed to be a valid complaint based on Mylo’s investigation.

7.3. Mylo expressly reserves the right to investigate and take appropriate legal action against anyone who, in Mylo’s sole discretion, violates this provision, including without limitation, reporting You to the law enforcement authorities.

7.4 If any content uploaded by Mylo on the Mylo Web Platforms is violative of any right of a User or third party (as the case may be) including but not limited to intellectual property rights, then pursuant to a complaint made by such person to Mylo and a subsequent investigation of the origins of such content in question, Mylo shall take down such content where the complaint has been deemed valid. It is hereby clarified that to the extent no complaint has been received against any content uploaded by Mylo it shall be deemed that such content is being used by Mylo in a valid manner with the explicit consent of the actual owner of such content (if applicable).

8. PAYMENT

8.1. While availing any of the payment method/s available on the Mylo Web Platforms, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

8.1.1. Lack of authorization for any transaction/s, or

8.1.2. Exceeding the preset limit mutually agreed between You and the financial services providers you deal with, or

8.1.3. Any payment issues arising out of the transaction, or

8.1.4. Decline of transaction for any other reason/s

8.2. All payments made against any purchase of the products or availing the services, shall be compulsorily in Indian rupees (“Transaction Price”).

8.3. Before delivering the products purchased by You or providing the services to You, the Vendor may request You to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

8.4. You have specifically authorized Mylo or its Vendors to collect, process, facilitate and remit the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through payment facility.

9. CANCELLATION POLICY

9.1. Cancellation before the date of dispatch of products: Once an order for purchasing the products available for sale on the Mylo Web Platforms is received by Us and the checkout procedure is completed, a cancellation of such an order can only be made at any time before You receive an email containing confirmation of dispatch of the product from the Vendor. No cancellations will be accepted post such time and any cancellation request received post such time shall be deemed to be a request for return of the product and shall be subject to the return and refund policy as provided for in Clause 9. For the purpose of cancelling the order placed by You, You can either send us an email on feedback@mylofamily.com with Your order details such as Your name, address, telephone number, order number, booking date, etc. or You can call Our customer care and give directions for cancellation of Your order.

9.2. Cancellation before the date of service: Once an order for availing of services on the Mylo Web Platforms is received by Us and the checkout procedure is completed, a cancellation of such order for a service can be made 48 hours prior to the date of service. No cancellation of such order will be accepted if made less than 48 hours prior to the date of service. For the purpose of cancelling the service, You can either send Us an email on feedback@mylofamily.com with Your order details such as Your name, address, telephone number, order number, booking date, etc. Or You can call our customer care and give directions for cancellation of Your order. In case of cancellations made by You 48 hours or more before the date of service, 20% will be deducted from the total payment amount due from You after which the refund will be initiated as per Clause 9. 8.3. Cancellation after the date of service: Subject to clause 9, for all such services which are availed of over a period of time, no cancellation will be accepted under any circumstances after the date on which the services have commenced. Under such circumstances, Mylo will not be liable to refund or return any amount paid by You, irrespective of whether the services have been availed by You or not.

10. RETURN AND REFUND POLICY

10.1. Please note that all returns and related procedures shall be carried out by the Vendor(s) whose products have been purchased by You. Therefore, Mylo shall not be liable for any loss, damages, action, claim or liability arising out of or in connection with any act, omission or negligence of such a Vendor with respect to the return of purchased product(s).

10.2. Subject to the restrictions contained in Our cancellation policy, a request for the cancellation of Your order can be sent to Mylo before the date of service and before You receive an email containing confirmation of dispatch of the products.

10.3. Once the cancellation has been accepted by Mylo, You will be intimated about the same by way of an email or a phone call on the e-mail ID and telephone number provided by You. Any refund against a request for a return or the products shall be processed only upon receipt of the product by the Vendor along with the original invoice. In case of services intended to be availed by You, the refund will be subject to the cancellation policy as per Clause 8. It may take up to 10-14 business days for the credit to reflect in Your account. The actual time taken for refund or credit of the payment into your account depends on the mode by which the payment was made and the procedures adopted by various financial services providers.

11. CONFIDENTIAL AND PERSONAL DATA/INFORMATION

11.1. Any personal and identifiable information that is required to be collected by Us shall be kept confidential in accordance with the provisions of our Privacy Policy. In addition to the Privacy Policy, the provisions of the following laws/ rules/ guidelines/ regulations shall be applicable to the use of these Platforms:

11.1.1. The provisions of Information Technology Act, 2000 relating to the processing of personal data as may be amended from time to time;

11.1.2. The provisions of the Information Technology (Intermediary Guidelines) Rules, 2011 as may be amended from time to time;

11.1.3. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time.

11.1.4. The provisions of the Telemedicine Practice Guidelines, 2020.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. Subject to Part B Clause 6, Mylo is the sole owner or lawful licensee of all the rights of the Mylo Web Platforms and its content. For the purpose of this clause, the content on the Mylo Web Platforms includes its design, layout, text, images, graphics, sound, video, etc as well as non superficially visual functional elements. The title, ownership and intellectual property rights in the Mylo Web Platforms and its content shall remain with Mylo, its affiliates or licensors of the content, as the case may be.

12.2. Trademark: 'Mylo' and related icons and logos are registered or registration has been applied for by Mylo in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.

12.3. Copyright: All content on the Mylo Web Platforms is the copyright of Mylo except the third party content and links to third party websites on the Mylo Web Platforms, if any.

13. CONSULTATION SERVICES TERMS

Users expressly acknowledge, understand and agree to the following terms in respect of the consultation services available on the Mylo Web Platforms:

13.1. Where any prescription is being provided to User by the Consultant, the same is being provided basis the online consultation, however it may vary when examined in person, hence, in no event shall the prescription provided by Consultants be relied upon as a final and conclusive solution.

13.2. Users agree to use the advice from a Consultant on the Mylo Web Platform pursuant to: (a) an ongoing treatment with their medical Consultant; (b) a condition which does not require emergency treatment, physical examination or medical attention; (c) medical history available as records with them for reference; (d) a record of physical examination and report thereof with them, generated through their local medical Consultant; and (e) consultation with their medical Consultant before abandoning or modifying their ongoing treatment.

13.3. Users acknowledge and accept that the Consultant shall not be able to conduct a proper physical examination of the Users, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.

13.4. The User understands that the consultation services available on the Mylo Web Platforms shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the advice provided by the Consultant is based on general medical conditions and practices prevalent in India, to the best of his knowledge and ability, and not for conditions which are territory specific for regions other than India, irrespective of where the User is procuring medical services or engaging in communication with the Consultant.

13.5. Users shall not use abusive language while availing the consultation services on the Mylo Web Platform. In the event an abuse from the User is reported by a Consultant, Mylo reserves the right to block such Users from availing the consultation services or based on Our sole discretion block You from accessing the Mylo Web Platforms and Mylo shall not be responsible for honouring any refund request towards his/her consultation on the Mylo Web Platform.

13.6. Users may share images or videos of the affected areas of their body parts with the Consultant only if it is absolutely necessary for diagnosing his/her condition and if he/she is personally comfortable in sharing such images or videos. In any event, Mylo shall not be responsible for any such images or videos shared by the Users with the Consultants.

13.7. Users shall ensure that any interaction/communication with the Consultants, including sharing images or videos of the body parts, shall be only through the Mylo Web Platform. The Users shall not rely on any other external modes of communication for interacting/communicating with the Consultants

13.8. Users shall be prepared to share all relevant documents or reports to the Consultant promptly upon request.

13.9. For every paid consultation availed on the Mylo Web Platform, the Users shall not obtain consultation for more than one person (including the User). In the event, a User attempts to obtain consultation for one or more person other than himself/herself, through a single paid consultation on the Mylo Web Platforms, such consultations will not be addressed by the relevant Consultant.

13.10. Users shall not persuade Consultants to prescribe drugs (including higher dose strength) that do not conform to applicable law and any policies that the Company may implement from time to time. The restricted drugs are as follows: (A) Medication for Medical Termination of Pregnancy (MTP); and (B) Drugs under the following pharmaceutical classifications such as; sedatives, hypnotics, opioids, schedule X drugs, or fourth generation antibiotics.

13.11. Users shall always provide accurate information and will not use the Consult platform for any acts that are considered to be illegal in nature.

13.12. Where a User has decided to avail the consultation services offered on the Mylo Web Platforms and engages with a Consultant to procure medical services or engages in communication, exchange of money for services outside of the Mylo Web Platforms, User shall do so at their own risk. Mylo shall not be responsible for any breach of service or service deficiency by any Consultant.

13.13. The User agrees and understands that the transaction with the Consultant are subject to jurisdiction of Indian laws and that any claim, dispute or difference arising from it shall be subject to the jurisdiction provision as contained in the Terms hereunder, at all times. The User further agrees and understands that the Consultant is a registered medical Consultant who is licensed to practice medicine in India and the onus is on the User to determine if he/she is eligible to consult with the Consultants via the Mylo Web Platforms. It is expressly clarified that at no point in time can it be construed that the Consultant is practicing medicine in a territory other than India, irrespective of where the User is located and procures medical services or engages in communication with the Consultant, in any manner whatsoever.

14. DISCLAIMER OF WARRANTIES

14.1. All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through the Mylo Web Platforms are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing.

14.2. Mylo does not warrant that: the Mylo Web Platforms will be constantly available, or available at all; or that the information on the Mylo Web Platforms is complete, true, accurate or non-misleading.

14.3. As per the guidelines issued by the Government of India, Mylo will not exercise ownership over the goods and services purported to be sold on the Mylo Web Platforms. Thus all commercial/contractual terms are offered by and agreed to between the Users and Vendors alone. The commercial/contractual terms may include, without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services.

14.4. Mylo does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Mylo Web Platforms. Mylo does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Mylo Web Platforms. By virtue of technical or human error, it may be possible that certain inadvertent errors may occur such as change in the price of the products and services, change in the quantity ordered, description of the products and services and the like. Even though Mylo makes its best efforts to avoid any such errors, We will not accept liability for any such inadvertent errors or omissions.

14.5. Mylo doesn’t claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that are provided directly by the Vendors and which are uploaded, submitted, or embed on the Mylo Web Platforms.

14.6. References that We make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the Mylo Web Platforms.

14.7. Mylo shall not and is not required to resolve or mediate any disagreements or disputes between the Users and Vendors because of non-performance of any transaction concluded on the Mylo Web Platforms.

14.8. Mylo does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Vendors. You are advised to independently verify the bona fides of any particular Vendor that You choose to deal with on the Mylo Web Platforms and use Your best judgment in that behalf.

14.9. You realize and indemnify Mylo and/or any of its officers and representatives from any cost, damage, liability or other consequences of any of the actions of the Users of the Mylo Web Platforms and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Mylo cannot take responsibility or control the information provided by other Users which is made available on the Mylo Web Platforms. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and exercise Your own judgment when using the Mylo Web Platforms

B. TERMS AND CONDITIONS FOR THE VENDOR

1. INFORMATION PROVIDED

1.1. The Vendor will be required to provide all details relevant to the products and services intended to be sold by the Vendor, including but not limited to the price, description, contents which will be by way of text descriptions, graphics, pictures and / or videos of the products and services. Such information must not be misleading and must describe the actual condition of the product. Any precautions and / or side effects or any special requirements before or after use of any of the Vendor’s products and services will be displayed on the Mylo Web Platforms at all times.

1.2. It is the responsibility of the Vendor to make sure that the information provided to Mylo with respect to the products and services intended to be sold reflects the real-time availability / non-availability of the products and services with the Vendor.

1.3. As a Vendor, You are allowed to list item(s) for sale on the Mylo Web Platforms in accordance with the policies which are incorporated by way of reference in these Terms. You must be legally able to sell the item(s) You list for sale on the Mylo Web Platforms. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.

2. PAYMENT

2.1. The Vendor grants Mylo the right to collect the Transaction Price on behalf of the Vendor in the mode (i.e. payment gateway or cash on delivery) selected by the User of the Mylo Web Platforms. The Vendor agrees that Mylo is neither a trustee of the Vendor nor acting in any fiduciary capacity with respect to any transaction on the Mylo Web Platforms. The payment facility provided by Mylo is merely an online electronic payment system and will not be considered as a banking or financial services.

2.2. The Vendor authorises Mylo to raise an invoice on behalf of the Vendor and send it to the User for the products purchased and / or the services availed. Mylo will send a copy of the invoice raised as above to the Vendor.

2.3. Mylo reserves the right to deduct a certain amount as commission (“Transaction Fee”) from the Transaction Price for each transaction entered into between the Vendor and the User via the Mylo Web Platforms. Such Transaction Fee is subject to alteration or modification at the sole discretion of Mylo and Mylo will notify the relevant vendors of such altered or modified transaction fee.

3. CANCELLATION AND REFUND POLICY

3.1. The Vendor acknowledges and agrees to the cancellation, return and refund policy stated for Users in Part A Clause 8 and 9 above. In the event that the User cancels an order made on the Mylo Web Platforms;

3.1.1. If at the time of cancellation of an order for products, Mylo, the products have not been confirmed to be dispatched by the Vendor, Mylo will inform the Vendor of the cancellation of the order. No payment of any amount whatsoever will be paid to the Vendor.

3.1.2. If at the time of cancellation of an order for products, the Vendor has confirmed the dispatch of the Products, Mylo will process a request for return and it shall be the responsibility of Mylo to cause to collect the product and the original invoice from the User. In such an event, if Mylo has paid to the Vendor the Transaction Price, the Vendor undertakes to return to Mylo the full amount received by the Vendor within 48 hours from the receipt of the product from the User. In the event Mylo has not made any payment to the Vendor, Mylo, will at its sole discretion cause a refund of the amount to be paid to the User and will not make any payment to the Vendor.

3.1.3. In the event that the Vendor refuses or fails to provide any services agreed to be provided by the Vendor on the Mylo Web Platforms, the Vendor, shall return to Mylo any monies received by the Vendor from Mylo, within 48 hours of the Date of Service. In the event that the Vendor willfully defaults in providing services agreed to have been provided, Mylo reserves the right to inform the Users on its Platforms of the willful default of the Vendor as well as caution them from availing the services of the Vendor.

4. CONFIDENTIALITY

The Vendor acknowledges that it will have access to confidential information of Mylo and the Vendor agrees to keep confidential all data and confidential information and also will not use for its own purpose by any means whatsoever any confidential information which the Vendor has received from Mylo and it will not sell or otherwise make use / make available the confidential information to any third parties. For the purpose of this clause, confidential information shall include but will not be limited to the terms and conditions of these Terms, information pertaining to the User, the terms of understanding between Mylo and the Vendor and all business and financial information relevant to the business of Mylo and any information which is disclosed verbally or in writing, identified as confidential at the time of disclosure. The obligations under this clause shall survive the termination of these Terms.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Mylo and the Vendor agree that the brands/logos, trademarks, etc., belonging to each Vendor are the exclusive property of the respective Vendor and are not in any manner whatsoever, copied, altered or modified from the brand, logo, trademark etc. of another Vendor. The Vendor recognizes and confirms that Mylo shall not be liable for contents and images shared, uploaded or displayed on the Mylo Web Platforms by the Vendor regarding Products and Services intended to be sold by the Vendor.

5.2. The Vendor grants Mylo the right to display and delist the information as provided by the Vendor along with related logo and / or trademark and / or brand name etc.of the Vendor for the purpose of marketing and selling through the Mylo Web Platforms.

6. DISCLAIMER OF WARRANTIES

6.1. The Vendor will make sure that the products are dispatched and delivered or the services are provided as per the Date of Service, along with all the required information and documentation which is necessary for the User to use the product and / or service. The Vendor will keep Mylo informed about the dispatch and delivery of the products and / or services availed by the User. In the event of any default in the delivery of the products or the services availed, the Vendor will immediately update Mylo informing of such non-delivery / delay and the reason thereof;

6.2. The Vendor shall procure all necessary certifications and licenses required for being eligible as a Vendor on the Mylo Web Platforms.

6.3. The Vendor warrants that the information provided with respect to the products and services intended to sold via the Mylo Web Platforms is true, accurate, complete, specific, detailed and precise and compliant with all the local laws and regulations;

6.4. The Vendor warrants that the products sold by the Vendor via the Mylo Web Platforms are not fake, duplicate, damaged, defective, refurbished or previously owned.

6.5. The Vendor hereby expressly indemnifies Mylo from any claim, cost, loss, expense or liability arising out of or in connection with any defect and / or deficiency in any of the products purchased or services availed by the User, non-compliance by the Vendor of any law for the time being in force in India or for any other reason whatsoever, when such action, claim, cost, loss, expense or liability may be attributable to any act, omission, negligence or misrepresentation on the part of the Vendor.

C. TERMS AND CONDITIONS FOR THE CONSULTANT

1. INFORMATION PROVIDED

1.1. The Consultant shall provide such information as may be requested by Us including but not limited to his qualification, medical registration number, years of experience, field of specialty, address, contact number and any other information as may be required by Us to complete the registration process.

1.2. The Consultant acknowledges and accepts that he/she shall be fully responsible for any error in the information they have shared during the registration process.

1.3. The Consultant may use and disclose the information disclosed by the Consultant for such purposes, including (without limitation) making inquiries through third parties concerning your identity and professional and practice credentials. In addition to this, the Consultant authorises the Company to disclose to third parties such information as required for such purposes.

1.4. The Consultant acknowledges and accepts that Mylo may list your personal profile describing your credentials, experience, registration number, academic background, awards, papers published shall be available for viewing by Users and will be considered non-confidential and non-proprietary.

2. TERMS OF CONSULTATION

2.1. The Consultant shall promptly reply to the User after receiving the User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Consultant, MYLO shall have the right to replace such Consultants for the purpose of consultation to the User.

2.2. The Consultant further understands that, there is a responsibility on the Consultant to treat the User, pari passu, as the Consultant would have otherwise treated the User on a physical one-on-one consultation model.

2.3. The Consultant has the discretion to cancel any consultation at any point in time in cases where the Consultant feels, it is beyond his/her expertise or his/her capacity to treat the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Consultants. However, it is strongly recommended that the Consultant advise the User and explain appropriately for next steps which may include referring the User for further evaluation.

2.4. In case, the Consultant has marked himself/herself available for a particular consultation on the Mylo Web Platforms and in the event a consultation has been auto allocated to a Consultant, then such Consultants shall ensure to provide a response to the User within five (5) minutes of accepting the consultation and during the active consultation period.

2.5. Consultants should provide e-prescriptions to the Users only via the prescription module. However, when the Consultant creates an e-prescription, the Consultant will be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Consultant hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically.

2.6. For a Consultant to complete a consult, it is mandatory to provide a consultation summary via the e-prescription module to all Users. The recommended contents (at least one) of the said consultation summary are as follows: (a) Summary of presenting illness; (b) Provisional diagnosis; (c) Medicine posology including side effects (if any); (d) Lifestyle changes; (e) Other instructions (if any); and (f) Referral for physical consultation (if necessary).

2.7. The Consultant shall provide e-prescriptions to the Users only in accordance to the Telemedicine Practice Guidelines, 2020. However, when the Consultant creates an e-prescription, the Consultant shall be required to confirm the e-prescription with their electronic signature explicitly or implicitly by clicking on the signature option made available or any other form of opt-in methods as provided therein. The Consultant hereby agrees and covenants to be responsible and liable for the content of e-prescription and the authenticity of his signature signed electronically and shall ensure that no medicine/drugs is being prescribed as provided under Schedule X of the Drugs and Cosmetic Rules, 1945 and Narcotic and Psychotropic substances listed in the Narcotic Drugs and Psychotropic Substances, Act, 1985.

2.8. The Consultant shall not to request see for images or video of the User's private body parts in any manner whatsoever until and unless all other options have been exhausted to diagnose the User’s condition and it is absolutely necessary to arrive at a probable diagnosis.

2.9. In the event the Consultant learns about physical abuse, sexual misconduct (especially in minors), or User self-harm (suicide: planned, attempted or completed), the Consultant agrees to report such events to Mylo via the email: grievance@mylofamily.com.

2.10. The Consultant acknowledges and agrees that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature and subject to User and Consultant privilege.

2.11. The Consultant understands that Mylo makes no promise or guarantee for any uninterrupted communication and the Consultant shall not hold Mylo liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by Mylo.

2.12. The Consultant understands that MYLO makes no promise or guarantee for the number of consultations that will be allocated to a Consultant on the Consult platform. The consultations allocated to a Consultant will depend upon various factors, which inter-alia includes, Consult response time, patient feedback and number of Consultants available, etc.

2.13. It shall be the responsibility of the Consultant to ensure that the information provided by User is accurate and not incomplete and understand that MYLO shall not be liable for any errors in the information included in any communication between the Consultant and User.

3. REFUND

3.1. Please note that all returns and related procedures shall be carried out by the Vendor(s) whose products have been purchased by You. Therefore, Mylo shall not be liable for any loss, damages, action, claim or liability arising out of or in connection with any act, omission or negligence of such a Vendor with respect to the return of purchased product(s).

3.2. Subject to the restrictions contained in Our cancellation policy, a request for the cancellation of Your order can be sent to Mylo before the date of service and before You receive an email containing confirmation of dispatch of the products.

3.3. Once the cancellation has been accepted by Mylo, You will be intimated about the same by way of an email or a phone call on the e-mail ID and telephone number provided by You. Any refund against a request for a return or the products shall be processed only upon receipt of the product by the Vendor along with the original invoice. In case of services intended to be availed by You, the refund will be subject to the cancellation policy as per Clause 8. It may take up to 10-14 business days for the credit to reflect in Your account. The actual time taken for refund or credit of the payment into your account depends on the mode by which the payment was made and the procedures adopted by various financial services providers.

4. DISCLAIMERS

3.1. The Consultation services available on the Mylo Web Platforms is intended for general purposes only and is not meant to be used in emergencies/serious illnesses requiring physical consultation. Further, if the Consultant adjudges that a physical examination would be required and advises ‘in-person consultation’, it is the sole responsibility of the User, to book an appointment for physical examination and in-person consultation whether the same is with the Consultant listed on the Mylo Web Platforms or otherwise. In case of any negligence on the part of the User in acting on the same and the condition of the User deteriorates, Mylo shall not be held liable.

3.2. The consultation services are being made available to Users to assist them to obtain consultation from Consultants and does not intend to replace the physical consultation with the Consultant.

D. GENERAL PROVISIONS

1. FORCE MAJEURE

You understand and agree that Mylo will not be held liable for any loss or damage with respect to the use of the Mylo Web Platforms, if the same arises out of any cause due to which Mylo is wholly or partly unable to perform its obligations and which is not reasonably within the control of Mylo. Further, Mylo will not liable for any loss or damage which is not a result of the fault or negligence of Mylo or which occurs despite all reasonable attempts of Mylo to avoid or mitigate the same. This includes without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the timelines of delivery, strikes, labour, employee difficulties and other events or circumstances that are beyond the reasonable control of Mylo.

2. INDEMNIFICATION

You agree to indemnify and hold Us and (as applicable) Our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of these Terms or your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive the termination of these Terms.

3. TERMINATION

You understand and agree that Mylo reserves the right to terminate Your registration and / or terminate Your right to use the Mylo Web Platforms for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms. You further understand and agree that any such termination may be effected without prior notice to You and You acknowledge and agree that Mylo may delete or deactivate Your account immediately upon detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms.

4. APPLICABLE LAW

4.1. The Mylo Web Platforms have been designed to comply with the laws of India and hence We shall be governed by the laws of India. If any material on the Mylo Web Platforms or Your use of the Mylo Web Platforms is contrary to the laws of the country / state where You are when You access it, We ask You not to use the Mylo Web Platforms in contravention of such law. You are responsible for being aware of the laws of Your jurisdiction and complying with them.

4.2. Further, the courts of Mumbai shall have exclusive jurisdiction in case of any preliminary relief sought in respect of all the terms, conditions and disclaimers.

5. DISPUTE RESOLUTION

All disputes or differences arising between You and Mylo as to these Terms or any other matter in relation to or in connection with Your use of the Mylo Web Platforms, shall be referred to a single arbitrator who shall be appointed by Us as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat of arbitration shall be Mumbai and the language should be English.

6. MISCELLANEOUS

You agree and acknowledge You are solely responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between Us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Mylo reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, We may take action to disclose any information necessary or appropriate to such persons or entities relating to User profiles, email addresses, usage history, posted materials, IP addresses and traffic information. Mylo reserves the right to seek all remedies available at law and in equity for violations of these Terms.

7. NOTICES

All of Our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, or (c) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or email address specified on the Order for the recipient of such notice. All of Your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to Our address.

8. GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, and other policies or questions are published as under:

Name: Mr. Vishal Naithani

E-mail address: feedback@mylofamily.com

[10:00 AM to 6:00 PM from Monday to Friday except Public Holidays]

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