The domain name www.obevahealth.com and any related mobile application (collectively, the "Platform"), is owned and operated by Obeva Health Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as "Obevahealth," "Company," "We," "Our," or "Us"), having its registered office at [●].

Your access to and use of the Platform, and any transaction or Services availed through it, are governed by the following terms and conditions (hereinafter referred to as the "Terms of Use"), including any applicable policies which are incorporated herein by reference. These Terms of Use constitute a legally binding contract between You (hereinafter referred to as "You," "Your," or the "User") on one part and Obevahealth on the other.

By accessing, browsing, or in any way using the Platform, You signify Your agreement to be bound by these Terms of Use. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by Our policies, including the Privacy Policy.

The Platform is a technology intermediary that facilitates a comprehensive wellness journey for its Users, which includes:

• an Online Assessment to identify User needs;

• teleconsultation Services with an independent registered medical practitioner ("RMP") who may issue a prescription;

• the sale of prescribed medications and other wellness products from licensed third-party pharmacies ("Pharmacies");

• the coordination of doorstep delivery through logistics partners; and

• progress tracking of Users on the Obevahealth Platform.

The RMPs, Pharmacies, and any delivery partners are collectively referred to as "Third-Party Service Providers". You agree and acknowledge that the Platform is a venue for You and Third-Party Service Providers to interact for their transactions. Obevahealth is not and cannot be a party to or control in any manner any transaction between You and the Third-Party Service Providers.

The terms of the agreement shall apply to (i) a patient or (ii) parent, guardian or caregiver of the patient.

If You are a natural individual, by accepting this agreement, You represent and warrant that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to enter into and abide by this agreement. In case the Services are to be utilized by a minor (as per applicable laws), then a parent or legal guardian must enter into this agreement on behalf of such minor.

The terms of the agreement shall override any oral or other written understanding that the User may have received or made aware of in relation to the Services. By agreeing to avail the Services, the User irrevocably, voluntarily and expressly consents to the terms of the agreement and the subsequent supersession of any other understanding that may have been arrived at by the User with Obevahealth in any other form or manner.

These Terms of Use are published in compliance with, and are governed by the provisions of Indian laws, including but not limited to:

• the Indian Contract Act, 1872;

• the (Indian) Information Technology Act, 2000 and the rules framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021;

• the Drugs and Cosmetics Act, 1940 ("Drugs Act"), read with the Drugs and Cosmetics Rules, 1945 ("Drugs Rules");

• the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Drugs and Magic Act");

• The National Medical Commission Act, 2019;

• Pharmacy Act, 1948;

• the Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020; and

• the Telemedicine Practice Guidelines pursuant to the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 ("Ethics Code") issued by the Board of Governors (in supersession of the Medical Council of India).

For the purposes of availing the Services and/or transacting with the Third-Party Service Providers through the Platform, You are required to obtain registration, in accordance with the procedure established by Obevahealth in this regard. As part of the registration process, Obevahealth may collect the following personal information, including but not limited to name, email address, phone number, address, gender, age, and valid financial account information.

You agree and acknowledge that You agree to:

• Create only 1 (one) account;

• Provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Platform;

• Maintain and promptly update Your account information;

• Maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer;

• Promptly notify Obevahealth if You discover or otherwise suspect any security breaches relating to the Platform;

• Take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access;

• Any communication from Obevahealth shall be sent only to Your registered mobile number and/or email address or such other contact number or email address that You may designate and

• You shall be solely responsible to update Your registered mobile number and/or email address on the Platform in the event there is a change.

The Platform uses temporary cookies to store certain non-sensitive data for the purposes of technical administration, research and development, and User administration. Obevahealth does not store personally identifiable information in these cookies. By using the Platform, You consent to the placement of cookies on your browser in accordance with Our Privacy Policy.

Obevahealth reserves the right, at its sole discretion, to suspend or permanently terminate a User's access to the Platform at any time and without prior notice. This action may be taken while Obevahealth investigates complaints or alleged violations of these Terms of Use, or for any other reason deemed appropriate by Obevahealth.

Obevahealth provides a technology platform that acts as an online intermediary to connect Users with independent Third-Party Service Providers. The services provided by Obevahealth, as detailed below (collectively referred to as the "Services"). By using any of the Services, Users expressly agree to be bound by these Terms.

PLATFORM-ONLY SERVICE

Users understand and acknowledge that Obevahealth is not a medical services provider, pharmacy, or healthcare professional. The provision of any medical advice or the sale of any medication creates a direct contractual relationship between the User and the respective RMP or Pharmacy, to which Obevahealth is not a party. Obevahealth role is strictly limited to providing the technology platform and facilitating access to these services.

DIGITAL HEALTH ASSESSMENT

• As a preliminary step, Obevahealth provides a digital questionnaire ("Online Assessment") to gather user-provided information regarding health conditions and history.

• Users agree to provide information that is accurate, current, and complete. Users acknowledge that this information will be relied upon by an RMP for the purpose of providing a teleconsultation and that any inaccuracies may affect the quality of the Services provided. Obevahealth and the RMP shall not be responsible for any false or inaccurate information provided by You.

• Users understand that the Online Assessment is an information-gathering tool and shall not be construed as a medical diagnosis, examination, or consultation. It is not, by itself, a substitute for professional medical judgment.

TELECONSULTATION SERVICES

• The Platform facilitates scheduled interactions between User and RMPs for the purpose of teleconsultation.

• The RMPs are independent medical professionals and are not employees or agents of Obevahealth. Obevahealth does not practice medicine and has no control over the professional judgment, advice, diagnosis, or treatment provided by any RMP. [Note to draft: To be confirmed by the Company]

• The issuance of a prescription is at the sole and absolute professional discretion of the RMP. Obevahealth does not guarantee that a consultation will result in a prescription being issued.

• Users acknowledge that the RMP is solely responsible and liable for all medical services provided to the Users, including compliance with all applicable laws and professional standards. Any claim of medical negligence, misdiagnosis, or malpractice shall lie exclusively against the RMP.

• The teleconsultation Services are not intended for use in medical emergencies or critical health situations. In any such event, User must immediately seek assistance from a hospital or other appropriate emergency medical services.

PHARMACY SERVICES

• The Platform enables Users to place an order for prescribed medications with third-party, licensed Pharmacies.

• Obevahealth role is limited to transmitting the User's order, along with the prescription issued by the RMP, to the Pharmacy. The actual contract for the sale and purchase of medication is between the User and the Pharmacy.

• Obevahealth does not provide any warranty or guarantee as to the quality, authenticity, availability, or fitness for purpose of any medication sold by the Pharmacies. The responsibility for ensuring that the medications are genuine and accurately dispensed rests solely with the Pharmacy.

DELIVERY SERVICES

• Obevahealth facilitates the delivery of the User's purchased medication through third-party logistics providers. Users understand and agree that the delivery of medications purchased through the Platform is carried out by independent third-party logistics providers or the Pharmacy's own delivery personnel (collectively, "Delivery Partner"). Obevahealth role is strictly limited to facilitating the connection between the User, the Pharmacy, and the Delivery Partner. Obevahealth does not provide delivery services itself and has no control over the actions or omissions of the Delivery Partner.

• Users are solely responsible for providing a complete and accurate delivery address and ensuring the User's availability to receive the order. Users are also responsible for verifying that the products delivered match the User's order and are undamaged before accepting the delivery.

• All delivery timelines displayed on the Platform are estimates only and do not represent a guarantee of delivery on a specific date. Obevahealth shall not be held liable for any delay, loss, theft, damage to the product during transit, or any other failure in the delivery process. Any and all claims, disputes, or liabilities arising from the delivery shall be a matter to be resolved directly between the User, the Pharmacy, and/or the Delivery Partner.

ARTIFICIAL INTELLIGENCE SERVICES

• Artificial Intelligence ("AI") Powered Algorithm: Obevahealth provides a proprietary AI algorithm that predicts weight loss based on certain user-provided factors. This tool is intended for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Users are solely responsible for consulting with a qualified healthcare professional regarding any predictions or information derived from this tool.

• Medication Dosage Tracker: The Platform offers a feature allowing Users to log each medication or injection dosage, note any experienced side effects, and keep track of their health progress. This tool is for personal record-keeping only and does not provide medical advice or analysis. Obevahealth is not responsible for the accuracy of user-entered data or for providing medical insights based on such data. This feature does not replace consultation with healthcare professionals, and Users should not rely on it for medical decisions.

• GLP-1 Meal Plans: The Platform provides curated meal plans developed by qualified nutrition experts, focusing on GLP-1 based dietary guidance. These plans are for general informational purposes only and are not tailored to individual medical conditions, allergies, or dietary restrictions. [Users are strongly advised to consult with their physician or a registered dietitian before making any significant dietary changes, especially when managing pre-existing health conditions or taking medication. Obevahealth disclaims all liability for any adverse effects resulting from the use of these meal plans without prior professional medical consultation.] [Note to draft: To be confirmed by the Company]

Prescription Drug Policy

• In order to purchase any product that requires a valid prescription ("Prescription Drugs"), the User is required to upload a clear, scanned copy of a valid prescription on the Platform. By submitting a prescription, the User grants Obevahealth and the Pharmacy explicit consent to process the personal and health information contained therein for the purpose of fulfilling the order.

• If a User is submitting a prescription on behalf of another individual, the User warrants that they have the necessary legal authority to act and provide consent on behalf of that individual. The User acknowledges that the invoice for the products will be issued in the name of the person listed on the prescription. The Pharmacies will dispense only those quantities specified in the prescription and reserve the right to verify the prescription and cancel the order if any discrepancy is found.

Suggestion of Alternate Drugs

• The User acknowledges and agrees that an order for an alternate or substitute prescription drug will only be processed under the following conditions, in compliance with applicable laws:

  • An RMP has provided consent for an equivalent generic drug to be dispensed in place of the prescribed brand-name drug; or

  • The prescription lists the active pharmaceutical ingredient/salt name instead of a specific brand, allowing for a substitute to be dispensed with the certification of an RMP; and

  • The User has provided their explicit consent for such a substitution.

• In the event of an invalid prescription or the unavailability of a prescribed drug, the User may be offered a teleconsultation with an RMP facilitated by the Platform to obtain a new, valid prescription for an alternate drug. Alternatively, a registered pharmacist may contact the User to suggest an alternative, which will only be dispensed after being confirmed and validated by an RMP and after receiving the User's consent. Any such tele-consultation or communication may be recorded for quality and compliance purposes, in accordance with the Privacy Policy.

Invitation to Offer for Sale

• The User agrees and acknowledges that the listing of any product on the Platform by a third-party retail pharmacy ("Retail Pharmacy") is merely an 'invitation to an offer for sale' and not an 'offer for sale'. The placement of an order by the User shall constitute an "Offer" by the User to enter into an agreement with the said Retail Pharmacy.

• The acceptance of the Offer shall be undertaken by the concerned Retail Pharmacy only after the validation of the prescription (in the case of Prescription Drugs) and the ascertainment of the available stock. In the event the User's Offer is not accepted by the Retail Pharmacy, Obevahealth will communicate the non-acceptance to the User via SMS, email, or other notification on the Platform. It is hereby clarified that any reference to the term 'offer' or 'offered for sale' by a Retail Pharmacy, as appearing in these Terms, shall be construed solely as an 'invitation to offer for sale' by such Retail Pharmacy.

Transfer of Property and Completion of Sale

• Upon the acceptance of the Offer by the concerned Retail Pharmacy (being the brick-and-mortar pharmacy), the products will be dispensed at the pharmacy, in accordance with the terms of the order placed by the User. Such dispensation shall also take place under the direct and personal supervision of a licensed pharmacist of the Retail Pharmacy, wherever required under applicable law.

• The User agrees and acknowledges that the property and title in the products ordered by the User shall stand immediately transferred to the User upon the dispensation of the products and the raising of the corresponding invoice at the premises of the concerned Retail Pharmacy. Accordingly, the legal sale of products is concluded at the concerned Retail Pharmacy itself. The invoice for the products to be delivered shall be issued by the concerned Retail Pharmacy, which is to process and satisfy the order for such products.

Non-Performance of Contract

Obevahealth shall not be held liable or responsible for any non-performance, breach of contract, or deficiency in service whatsoever between the User and any Third-Party Service Provider. Obevahealth provides no guarantee that any third party will perform any transaction concluded on the Platform. Obevahealth is not responsible for products that are out of stock, back-ordered, or otherwise unavailable, even if they were shown as available at the time the User placed their order.

Content Disclaimer

The User acknowledges that all content available on the Platform, including but not limited to product descriptions, drug information, and health-related articles, is third-party generated content provided for general informational purposes only. This information does not constitute an advertisement or promotion of any drug, nor is it a substitute for professional medical advice, diagnosis, or treatment. Obevahealth does not create, verify, or guarantee the accuracy of such third-party content. Reliance on any information provided on the Platform is solely at the User's own risk.

Subject to compliance with these Terms, Obevahealth grants each Covenanter a personal, non-exclusive, non-transferable, and limited privilege to access and use this Platform and the Services herein. Each Covenanter agrees to:

• use the Services and Platform only for purposes permitted by these Terms and any applicable law, regulation, or generally accepted practice;

• not access (or attempt to access) the Platform or its materials by any means other than the interface provided by Obevahealth. This strictly prohibits the use of any deep-link, robot, spider, data scraper, or other automated device, program, or methodology to access, acquire, copy, or monitor any portion of the Platform;

• acknowledge that by using the Platform, they may be exposed to content from other Users that they may consider offensive or objectionable. Obevahealth disclaims all liabilities arising in relation to such content.

Each Covenanter undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:

• belongs to another person and to which such Covenanter does not have any right;

• is grossly harmful, insulting or harassing on the basis of gender, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

• infringes any patent, trademark, copyright or other proprietary rights;

• violates any law for the time being in force;

• impersonates another person;

• is harmful to a child;

• deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information that is patently false or misleading in nature but may reasonably be perceived as a fact;

• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

• is prohibited under applicable law(s) for the time being in force, including the Drugs Act read with the Drugs Rules, the Drugs and Magic Act, the Indian Penal Code, 1860, as amended from time to time, and rules made thereunder;

• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and

• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Each Covenanter undertakes that they are also prohibited from:

• violating or attempting to violate the integrity or security of the Platform or any Obevahealth content;

• transmitting any information (including job posts, messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of Services by Obevahealth;

• intentionally submitting on the Platform any incomplete, false or inaccurate information;

• making any unsolicited communications to other Covenanters;

• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;

• attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;

• copying or duplicating in any manner any of the Obevahealth content or other information available from the Platform;

• framing or hotlinking or deeplinking any Obevahealth content;

• probing, scanning, or testing the vulnerability of the Platform or its network, or breaching its security or authentication measures;

• attempting to reverse look-up, trace, or seek to trace any information on any other User to its source; and

• using any device or software to interfere with the proper working of the Platform or any transaction being conducted on it.

Obevahealth has no obligation to monitor communications on the Platform. However, it reserves the right to review materials posted and to remove any materials in its sole discretion.

Obevahealth reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process, or governmental request.

In case of non-compliance with these Terms by a Covenanter, Obevahealth has the right to immediately terminate the access or usage rights of the Covenanter to the Services and to remove any non-compliant information from the Platform.

A User's Obevahealth profile is created to securely store the User's personal health information, which includes but is not limited to the User's Online Assessment responses, consultation records, medical history, and prescriptions issued by RMPs. Any information a User provides during the use of the Services becomes part of that User's Obevahealth record.

The use of the Platform involves every User's registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection, submission and transfer are provided in the Privacy Policy. The other information collected by Obevahealth from Users as part of the registration process is described in the Privacy Policy. The consent and revocation procedures in relation to the same are set out in the Privacy Policy.

The User agrees to provide information that is true, accurate, current, and complete. The User is responsible for periodically reviewing and updating this information as necessary. If a User is unsure about any health-related information, it is the User's responsibility to consult a qualified medical practitioner to ensure the information provided is correct. Obevahealth shall not be responsible in any manner for the authenticity or accuracy of the personal information or sensitive personal data supplied by the User to Obevahealth or any third party acting on its behalf.

If a User provides any information that is untrue, inaccurate, not current, or incomplete, or if Obevahealth has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Obevahealth reserves the right to suspend or terminate the User's account and refuse any and all current or future use of the Services at its sole discretion.

By accepting these Terms of Use and registering on the Platform, the User consents to be contacted by Us and/or Our Third-Party Service Providers. The User further expressly consents to receive calls, emails, and SMS notifications from Us and Our partners regarding service delivery, appointments, orders, as well as for promotional and marketing purposes.

As with any medical procedure, there are potential risks associated with using the Services. By using the Services, You agree to abide by these Terms of Use, Privacy Policy and the risks described below.

While the Platform is an honest attempt to provide access to the best possible medical information to the Users, the RMP will not be examining You physically. The RMP may not have access to all or some of Your medical history that might be critical to consult You. The RMP will not have the benefit of information that would be obtained by examining You in person, observing Your physical condition and going through Your medical records. This means that the Services provided are different from the diagnostic and treatment services typically provided by a physician. Therefore, the RMP may not be aware of facts or information that would affect his or her opinion of Your diagnosis. To reduce the risk of this limitation, Obevahealth strongly encourages You to be in touch with an on-ground physician and share Obevahealth opinion with him/her.

By requesting a medical opinion through the Platform, You acknowledge and agree that:

• the advice/information/opinion on diagnosis You may receive could be limited and provisional;

• the medical opinion is not intended to replace a face-to-face visit with a physician, and it does not replace an actual doctor-patient relationship;

• in case of a second opinion where there is a difference of opinion between Our RMP and Your physician, You would bear the responsibility to decide on online or offline consultation, or procedure, and/or treatment;

• the RMP is reliant on information provided by You and hence any information demonstrated to have been falsified, misleading or incomplete will immediately render the opinion and all details therein null and void;

• in some cases, the RMP may determine that the transmitted information is of inadequate quality and may ask for more information, without which he/she may refuse to answer the query;

• in rare cases, the RMP may feel that the query may not be answerable without physically examining the patient/ Users, and the Consultation may be refused forthwith;

• in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information; and

• delays in medical evaluation and answers could occur due to deficiencies or failures of the service as per those mentioned in these Terms of Use.

Users agree and understand that they may acquire non-proprietary, commercially sensitive information about Obevahealth, inter alia, about its business models, commercial terms, strategies, products, vendors, employees, and business partners ("Obevahealth Confidential Information"). By agreeing to receive Obevahealth Services, the Users agree to maintain strict confidentiality of the Obevahealth Confidential Information and not to disclose it to any person without the prior written consent of Obevahealth.

The Covenanters agree to defend, indemnify and hold harmless Obevahealth, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees ("Protected Entities"), from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Platform; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Platform.

The User acknowledges that the Protected Entities act solely as facilitators and intermediaries. To the fullest extent permitted by law, the Protected Entities disclaim all liability arising from the User's use of or reliance upon the Platform, the Services, any third-party content, or representations made by other Users or Third-Party Service Providers.

The Protected Entities shall not be liable for any acts, omissions, or services provided by any third party. For the avoidance of doubt, and without limiting the generality of the foregoing:

• Any or all liabilities arising from any wrong diagnosis, medical advice, or prescription issued by an RMP shall be the sole responsibility of that RMP.

• Any or all liabilities arising from the quality, authenticity, dispensing, or sale of any medication shall be the sole responsibility of the respective Pharmacy.

• Any or all liabilities arising from any delay, loss, damage, or failure in delivery shall be the sole responsibility of the Delivery Partner or the Pharmacy.

Obevahealth shall not be liable for the failure on the part of Users or Third-Party Service Providers to provide agreed services or to make themselves available at the appointed time, or for any cancellation or rescheduling of appointments.

To the maximum extent permitted by applicable law, Obevahealth will have no liability related to user-generated content (including comments, feedback, or any other information posted by users) arising under intellectual property rights, libel, privacy, publicity, obscenity, or other laws. Obevahealth also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any such User content. Furthermore, Obevahealth shall not be responsible for any loss or damage incurred by the User as a consequence of the unauthorized use of their account or account information, whether or not such use was with the User's knowledge.

The Platform may contain links to third-party websites, affiliates, and business partners. Obevahealth has no control over, and is not liable or responsible for, the content, accuracy, validity, reliability, or quality of such external websites. The inclusion of any link on the Platform does not imply that Obevahealth endorses the linked website. Users access and use such linked services at their own risk. Additionally, Obevahealth shall not be liable or responsible for the listing order or ranking of Third-Party Service Providers displayed on the Platform.

To the maximum extent permitted by applicable law, in no event shall the Protected Entities be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, arising from or in connection with the use or inability to use the Platform or Services. Obevahealth assumes no responsibility for any damages to, or viruses that may infect, the User's equipment on account of the User's access to or use of the Platform.

If any User is dissatisfied with the Platform, the sole and exclusive remedy for such User is to discontinue using the Platform.

In the event that the Protected Entities are found to be liable, the total aggregate liability to a User for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) arising from these Terms or the User's use of the Platform shall not exceed the total amount of fees, if any, paid by the User to Obevahealth for the specific Service giving rise to the cause of action.

The Covenanters expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform, Services, and all related materials are provided by Obevahealth on an "as is" and "as available" basis without warranty of any kind, express, implied, statutory, or otherwise.

Without limiting the foregoing, Obevahealth makes no warranty that:

• The Platform or the Services will meet the User's requirements, or that their use of the Platform will be uninterrupted, timely, secure, or error-free;

• The results obtained from the use of the Platform will be effective, accurate, or reliable;

• The quality of the Platform, Services, or other materials will meet the User's expectations; or

• Any errors or defects in the Platform will be corrected.

The Protected Entities provide no warranty (whether express or implied) that the products or services made available by third parties are merchantable, fit for a particular purpose, accurately described, or that the third parties have legal title over them.

Obevahealth shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access that may occur due to technical reasons or any reason beyond Obevahealth control. The User understands and agrees that any material or data downloaded from the Platform is done at their own discretion and risk, and they will be solely responsible for any damage to their computer systems or loss of data that results from such download.

All prices for products and Services displayed on the Platform are determined and set by the independent Third-Party Service Providers. Obevahealth does not determine, control, or take responsibility for the accuracy of such pricing. All commercial terms, including price, shipping costs, and delivery, constitute a direct agreement between You and the respective third party.

Access to browse the Platform is provided free of charge. However, Obevahealth charges a fee for the Services it provides, which is included in the final price you see. You agree to pay for all products You purchase and Services You avail through the Platform.

Obevahealth uses third-party payment gateways to facilitate payments. You agree and acknowledge that Obevahealth is not responsible for any loss or damage caused to You during the payment process, as these gateways are beyond Obevahealth control. Obevahealth strives to partner with payment gateways that adhere to industry-standard security practices to protect your payment information. All payment information provided by You will be handled in accordance with Our Privacy Policy. The payment methods accepted on the Platform will be displayed at the time of checkout.

You are solely responsible for all charges, fees, and taxes associated with any transactions conducted under Your account. You warrant that You are the authorized User of any credit card, debit card, or other payment method used on the Platform.

Each User and Third-Party Service Provider is solely responsible for payment of all applicable taxes, legal compliances, and statutory registrations. The prices displayed on the Platform may be exclusive or inclusive of applicable taxes like GST, which will be specified at the time of the transaction.

All requests for refunds and cancellations shall be governed by Our Refund and Cancellation Policy, which is incorporated by reference into these Terms.

Obevahealth reserves the right to modify its fee structure at any time. Any such changes will be effective immediately upon being posted on the Platform and shall be considered a valid communication.

Available payment methods: [●].

The User agrees that any violation of these Terms constitutes an unlawful and unfair business practice that will cause irreparable harm to Obevahealth, for which monetary damages would be inadequate. The User consents to Obevahealth obtaining any injunctive or equitable relief that Obevahealth deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Obevahealth may have at law or in equity. If Obevahealth takes any legal action against the User as a result of a violation of these Terms, Obevahealth will be entitled to recover from the User, and the User agrees to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted.

The Terms will continue to apply until terminated by either You or Obevahealth as set forth below. If You want to terminate Your agreement with Obevahealth, You may do so by (i) not accessing the Platform; or (ii) closing Your accounts for all of the services that You use, where Obevahealth has made this option available to You.

Obevahealth may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:

• You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

• Obevahealth is required to do so by law (for example, where the provision of the Services hereunder, to You is, or becomes, unlawful);

• The provision of the Services to You, by Obevahealth, is, in Obevahealth opinion, no longer commercially viable;

• Obevahealth has elected to discontinue, with or without reason, access to the Platform, the Services (or any part thereof); or

• Obevahealth may also terminate or suspend all or a portion of Your account or access to the Services with or without reason.

Termination of a User's account may include: (i) removal of access to all offerings on the Platform; (ii) deletion of the User's materials and Account Information, including personal information, login credentials, and all related files; and (iii) barring of any further use of the Services. The User agrees that all terminations shall be made in Obevahealth sole discretion and that Obevahealth shall not be liable to the User or any third party for any termination of the User's account or access to the Platform.

As part of the Services provided by Us, We facilitate and allow various sponsors to advertise and market their own goods and services ("Third-Party Advertisers") to place advertisements on the Platform. Accordingly, there are guidelines (as listed herein below) which the Third-Party Advertisers have to follow for placing such advertisements (the "Advertising Policy").

For the Users:

Obevahealth clearly distinguishes between the editorial content and content that is created or provided by one of Our Third-Party Advertisers. The advertisements will be labelled as "sponsored", "from Our Advertisers", or "advertisement".

For the Third-Party Advertisers:

The Third-Party Advertisers must be honest about the products or services their advertisements promote; the advertisement shall not create unrealistic expectations and must not be misleading or offensive; must be responsible and of the highest standards, and without compromising consumer protection. The Advertising Policy applies to all the advertisements, listed or sought to be listed, on the Platform.

General Rules:

All the advertisements must comply with the Advertising Policy, the terms of these Terms of Use and the Privacy Policy. Obevahealth may, at any time and without having to serve any prior notice to the Third-Party Advertisers, (i) upgrade, update, change, modify, or improve the Platform or a part thereof in a manner it may deem fit, and (ii) change the content of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy. It is the responsibility of the Third-Party Advertisers, in such cases, to review the terms of the Advertising Policy and/ or these Terms of Use and/ or the Privacy Policy, from time to time. Such changes shall be made applicable when they are posted. Obevahealth may also alter or remove any content from the Platform without prior notice and without liability. The Third-Party Advertisers are also responsible for ensuring that their advertisements comply with all applicable law(s) in India and any other jurisdiction that such Third-Party Advertiser(s) are based out of, industry codes, rules and regulations in each geographic area where the advertisements will run. All disclosures in the advertisements must be clear and conspicuous.

Review:

All the advertisements are subject to the review and approval of Obevahealth. Obevahealth reserves the right to reject or remove any advertisement in its sole discretion for any reason. Further, Obevahealth also reserves the right to request modifications to any advertisement and to require factual substantiation for any claim made in an advertisement.

Prohibited Content:

The advertisements must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity. The advertisements must not be false, misleading, fraudulent, defamatory, or deceptive. The following advertisement content is prohibited:

• content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or any member of a protected class;

• content depicting nudity, sexual behaviour, or obscene gestures;

• content depicting drug use;

• content depicting excessive violence, including the harming of animals;

• shocking, sensational, or disrespectful content;

• deceptive, false or misleading content, including deceptive claims, offers, or business practices;

• content that directs Users to phishing links, malware, or similarly harmful codes or sites;

• content that deceives the Users into providing personal information without their knowledge, under false pretences, or to companies that resell, trade, or otherwise misuse that personal information; and

• content that violates any law for the time being in force.

Prohibited Advertisements:

Advertisements for the following products and services are prohibited:

• adult products and services (other than contraceptives; see below);

• cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;

• products or services that bypass copyright protection, such as software or cable signal descramblers;

• products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;

• get-rich-quick or pyramid schemes or offers or any other deceptive or fraudulent offers;

• illegal or recreational drugs or drug paraphernalia;

• counterfeit, fake or bootleg products, or replicas or imitations of designer products;

• firearms, weapons, ammunition, or accessories;

• advertisements that promote particular securities or that provide or allege to provide insider tips;

• any illegal conduct, product, or enterprise;

• unapproved pharmaceuticals and supplements;

• prescription drugs;

• products that have been subject to any government or regulatory action or warning;

• products with names that are confusingly similar to an unapproved pharmaceutical, supplement or controlled substance; and

• material that directly advertises products to or is intended to attract children under the age of 13.

Prohibited Advertisements under the Drugs and Magic Act:

subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement referring to any drug which suggests or is calculated to lead to the use of that drug for:

• the procurement of miscarriage in women or prevention of conception in women; or;

• the maintenance or improvement of the capacity of human beings for sexual pleasure; or

• the correction of menstrual disorders in women; or

• the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the schedule of the Drugs and Magic Act, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under the Drugs and Magic Act; or provided that no such rule shall be made except, – (i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a doctor or for which there are normally no accepted remedies; or

• prohibition of misleading advertisements relating to drugs;

• subject to the provisions of the Drugs and Magic Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which:

  • directly or indirectly gives a false impression regarding the true character of the drug; or

  • makes a false claim for the drug; or

  • is otherwise false or misleading in any material particular.

• It is hereby clarified that the Third-Party Advertisers will comply with all the provisions of the Drugs and Magic Act and the rules made thereunder. Further, it is agreed that the Third-Party Advertisers shall be solely responsible for any penalty or any action taken by the governmental authorities for non-compliance with the Drugs and Magic Act and the rules made thereunder.

Restricted Advertisements:

Advertisements in the following categories are restricted and require approval on a case-by-case basis:

• advertisements that promote or reference alcohol;

• advertisements for online dating services;

• advertisements for gambling and games of skill;

• advertisements for lotteries;

• advertisements for financial services;

• advertisements for contraceptives;

• advertisements for online pharmacies or pharmaceuticals; and

• political advertisements.

Testimonials & Endorsements:

• Any testimonials and endorsements contained in advertisements must comply with all applicable law(s), industry codes, rules, and regulations. For example, a clear and conspicuous disclaimer is required if an endorser's results were atypical or if the endorser was paid;

• Obevahealth recognizes and maintains a distinct separation between advertising and sponsored content and editorial content. All advertising or sponsored content on the Platform of the Company will be clearly and unambiguously identified; and

• a click on an advertisement may only link the User to the Platform of the Third-Party Advertiser(s).

Obevahealth reserves the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof without prior notice. Users or any Third-Party Service Providers (collectively referred to as the "Other Parties") agree that Obevahealth will not be liable for any modification, suspension or discontinuance of the Platform or any other part thereof.

All the intellectual properties used on the Platform, except those which have been identified as the intellectual properties of the Other Parties, shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

Obevahealth collects, processes and shares data with third parties, in accordance with its Privacy Policy, in order to provide, manage and complete delivery of products and Services requested by You. Obevahealth views the protection of Your privacy and information as a very important principle. Please view Our Privacy Policy, available at [●], to understand how Obevahealth collects, processes, shares Your information and maintains data security practices in relation to Your information.

Other Parties accept and acknowledge that Obevahealth shall not be liable for any loss or damage caused to the User as a result of delay or default or deficiency or failure in the Services as a result of any natural disasters, fire, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Obevahealth or the Third-Party Service Providers, or any other delay or default or deficiency or failure which arises from causes beyond Obevahealth reasonable control ("Force Majeure Event").

In the event of any Force Majeure Event arising, Obevahealth, depending on whose performance has been impacted under the Terms of Use, shall immediately give notice to the Other Party(s) of the facts which constitute the Force Majeure Event. Further, delivery time periods specified on the Platform shall always be nonbinding under all circumstances, as delivery is dependent on multiple factors that can assume uncertainty at any moment for unforeseen reasons beyond the Company's control.

These Terms and all transactions entered into on or through the Platform and the relationship between You and Obevahealth shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the Terms or any transactions entered into on or through the Platform or the relationship between You and Obevahealth shall be subject to the exclusive jurisdiction of the courts at [●], India and You hereby accede to and accept the jurisdiction of such courts.

We offer return and refund on the products and Services ordered by You on the Platform, which are subject to further terms and conditions as detailed in the return, refund, cancellation and shipping charges policy ("Return and Refund Policy"). The Return and Refund Policy forms an integral part of these Terms of Use, and the Users are requested to carefully read the same.

You hereby expressly agree to receive communications by way of SMS, e-mails or any other mode from Obevahealth, phone calls relating to the Products offered through the Platform and this supersedes any opt-out preferences You may have set in relation to the Telecom Regulatory Authority of India's National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.

A User can unsubscribe / opt-out from receiving communications from Obevahealth through SMS and e-mail anytime by:

• Visiting [●] to unsubscribe from messages/ SMS; and

• Newsletters sent daily at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.

In the event You come across any abuse or violation of these Terms or if You become aware of any objectionable content on the Platform, please report to Obevahealth customer support team.

If You have any concerns about the Terms or grievances about the Platform or Our services, please contact Us with a thorough description, and We will try to resolve the issue for You. Please address them to Our grievance redressal officer at:

• Name: [●]

• Address: [●]

• Phone number: [●]

• E-mail: [●]

While We strive to address all grievances internally, We acknowledge that certain issues may be best resolved directly between You and the Retail Pharmacies. In such cases, We will facilitate this process by forwarding Your grievance to the relevant Retail Pharmacies to ensure a prompt and effective resolution. However, Our Grievance Officer shall continue to serve as the primary point of contact for any concerns related to the Services provided on Our Platform.

Survival:

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, and Dispute Resolution will continue and survive termination.

Severability:

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

Waiver:

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Obevahealth. Any consent by Obevahealth to, or a waiver by Obevahealth of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Notice:

All notices of Obevahealth will be served by email or by general notification on the Platform. Any notice provided to Obevahealth pursuant to the Terms should be sent to [●].