Terms and Conditions

The mobile/website application Ferteve (hereinafter referred to as the “Application” or “App”):

Nature and Applicability of Terms

Please read these Terms and Conditions (“Terms”) and the Privacy Policy, available at https://ferteve.in, carefully before accessing the Website or utilizing the services offered through the Website by CMPLT Health and Tech Private Limited under the name Ferteve (“we,” “us,” or “our”). These Terms and the Privacy Policy collectively constitute a legal agreement (“Agreement”) between you and Ferteve regarding your access to and use of the Website and the Services provided therein.

1. Scope of the Agreement

This Agreement applies to you, the user of the Website, under the following categories:

• Medical Practitioners and Health Care Providers: This includes individual professionals, organizations, or similar institutions wishing to be listed on, or already listed on, the Website, as well as designated and authorized associates of such practitioners or institutions (“Practitioner(s),” “you,” or “User”).

• Patients and End-Users: This includes individuals, their representatives, or affiliates seeking to locate Practitioners via the Website or use services such as questionnaires, blood tests, smart reports, surveys, fitness packages, and other health-related tools offered by the Website (“End-User,” “you,” or “User”).

• General Users: This includes any other individual or entity accessing or using the Website or any of its services (“you” or “User”).

Additionally, by using the Website, you agree that this Agreement applies to any new services or offerings that may be added to the Website in the future, whether or not explicitly mentioned here.

2. Services Covered by the Agreement

This Agreement governs the use of the Services provided by Ferteve on the Website, including but not limited to:

• For Practitioners: The listing of Practitioners, their profiles, contact information, reviews, appointment schedules, and location, which will be accessible to other Users and visitors to the Website.

• For Other Users: The ability to (i) create and manage ‘Health Accounts,’ (ii) access personalized health dashboards, blood reports, smart reports, health trends, questionnaires, supplement suggestions, lifestyle inferences, and health inferences, (iii) schedule doctor appointments, (iv) utilize fitness packages, and (v) search for Practitioners based on name, specialty, location, or other criteria. 

• By using our services, all Users consent to Ferteve collecting, storing, and utilizing their blood test reports for the purpose of generating Smart Reports. This data is handled with strict confidentiality and is used solely to provide personalized health insights and recommendations.

The Services offered on the Website may be updated or modified periodically at the sole discretion of CMPLT Health and Tech Private Limited. This Agreement will apply to your use of the Website and Services and to any information provided by you on the Website at any time.

3. Agreement Terms

This Agreement outlines the terms and conditions governing your use of the Website and describes how your account will be managed while you are registered with us. Should you have any inquiries regarding any part of this Agreement, please contact us at info@ferteve.in.

By accessing or using the Website and Services, you irrevocably accept all conditions stipulated in this Agreement, the Privacy Policy as available on the Website, and agree to comply with them. This Agreement supersedes all prior oral and written terms and conditions communicated to you regarding your use of the Website and Services. Your use of any Service signifies your acceptance of these terms.

4. Modification of Terms

We reserve the right to modify or terminate any portion of this Agreement for any reason and at any time. You are advised to review this Agreement periodically for any changes. Your continued use of the Website following any modifications constitutes your acceptance of the revised Agreement.

5. Binding Agreement

By utilizing any of the Services offered by Ferteve, you acknowledge that you are bound by this Agreement. If you do not agree with any part of this Agreement, please refrain from using the Website or any Services.

6. Discretionary Access

Your access to and use of the Website and Services is at the sole discretion of Ferteve.

7. Governing Law

This Agreement is governed by and construed in accordance with the laws of India, including but not limited to:

• The Indian Contract Act, 1872

• The Information Technology Act, 2000

• The rules, regulations, guidelines, and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”) and the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021 (the “IG Rules”).

 8. Service Clause

In addition to the services, we offer health-related services, including but not limited to blood tests, smart reports, questionnaires, surveys, health dashboards, and health insights. By using these services, you agree to the specific terms and conditions applicable to each service, as outlined on our website. We reserve the right to introduce, modify, or discontinue any such services at our discretion without prior notice.

9. User Responsibilities

• Eligibility: You must be at least 18 years old or above to use our Site.

• Account: You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• Accuracy of Information
  "You agree to provide accurate and complete information when using our Site, including any forms, questionnaires, or other input fields. However, if any of the information you provide is incorrect or incomplete, the accuracy or quality of the services we offer, including but not limited to smart reports, questionnaires, surveys, and other health-related insights, cannot be guaranteed. We shall not be held responsible for any inaccuracies in services arising from incorrect information provided by you."

10. Terms of Use Applicable to All Users Other Than Practitioners

The provisions outlined in this Clause are specifically applicable to Users other than Practitioners.

 11. End-User Account and Data Privacy

The terms "personal information" and "sensitive personal data or information" are defined under the SPI Rules and are detailed in the Privacy Policy.

Ferteve may collect information related to the devices you use to access the Website, as well as anonymous usage data. This information will be utilized solely to enhance the quality of Ferteve’s services and to develop new services.

The Website permits Ferteve to access registered Users’ personal email addresses or phone numbers for the purpose of facilitating appointment bookings, obtaining feedback concerning Practitioners and their practices, and delivering or fulfilling our services as we see fit. By using the Website, you consent to the use of your personal contact information for these purposes.

The Privacy Policy specifies, inter alia:

• The types of information collected from Users, including sensitive personal data or information;

• The purposes, means, and methods of using such information;

• The circumstances under which Ferteve may disclose such information; and

• Other details required by the SPI Rules.

Users are advised to read and understand the Privacy Policy to be aware of, inter alia:

• The fact that certain information is being collected;

• The purposes for which the information is collected;

• The intended recipients of the information;

• The nature of the collection and retention of the information;

• The identity and contact details of the agency collecting and retaining the information; and

• The various rights available to Users concerning their information.

Ferteve shall not be liable for the accuracy of the personal information or sensitive personal data provided by Users to Ferteve or to any third party acting on behalf of Ferteve.

Users are responsible for maintaining the confidentiality of their account access information and password, if registered on the Website. Users shall bear responsibility for all activities conducted under their account and password, whether authorized or unauthorized. Users must promptly notify Ferteve of any actual or suspected unauthorized use of their account or password. While Ferteve will not be liable for losses arising from unauthorized use of an account, Users may be liable for losses incurred by Ferteve or other parties due to such unauthorized use.

If a User provides information that is untrue, inaccurate, outdated, or incomplete (or becomes untrue, inaccurate, outdated, or incomplete), or if Ferteve has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, CMPLT Health and Tech Private Limited reserves the right to discontinue the Services to the User at its sole discretion.

Ferteve may use the information collected from Users from time to time for the purpose of debugging and addressing customer support-related issues.

When contacting a Practitioner listed on https://ferteve.in, Users may have the option to call Practitioners directly by viewing their contact details provided on the platform. Ferteve offers a free telephony service for contacting customer support only, not for direct calls to Practitioners. Calls made to customer service may be recorded for quality control and support purposes, following an IVR message that explains the purpose and obtains User consent. These recordings will be handled in line with Ferteve’s Privacy Policy. The call facility with customer service should only be used for inquiries, appointments, or booking assistance—not for consultations or health-related issues. Ferteve disclaims any liability for misuse of the call facility. If Users do not consent to the recording of calls that may involve personal information necessary for appointment or booking assistance, Ferteve reserves the right to withhold related Services

12. Relevance Algorithm

Ferteve utilizes a fully automated relevance algorithm to list Practitioners, including their profiles and information regarding their practices, on its Website. These listings do not constitute a fixed objective ranking or endorsement by Ferteve. The reviews displayed on the Website are provided by Users and reflect their individual experiences. Ferteve does not verify the accuracy or authenticity of these reviews and is not responsible for the opinions or claims made within them. Users are encouraged to independently assess the suitability of a Practitioner based on their personal needs.

"Ferteve shall not be liable for any alterations in the relevance of Practitioners as displayed in search results, which may occur periodically. The listing of Practitioners is determined by an automated computation of various factors, including but not limited to inputs provided by Users such as comments and feedback. These factors may be adjusted over time to enhance the efficacy of the listing algorithm.

Ferteve disclaims all responsibility for the accuracy and relevance of the order in which Practitioners are listed on the Website. The listing algorithm is subject to change, and Ferteve does not guarantee the permanence or specific outcomes of the listing results.

13. Listing Content and Disseminating Information

Ferteve collects and displays relevant information about Practitioners listed on the Website, including but not limited to their specialization, qualifications, fees, location, visiting hours, and similar details. Ferteve endeavors to update such information at frequent intervals. While Ferteve takes reasonable measures to screen and verify the information and photos submitted by Practitioners, it shall not be held liable for any inaccuracies or incompleteness in the information, despite its efforts to ensure accuracy.

The Services provided by Ferteve or any of its licensors or service providers are offered on an "as is" and “as available” basis. Ferteve makes no representations, warranties, or guarantees, whether express or implied, including but not limited to implied warranties of merchantability, accuracy, fitness for a particular purpose, title, or non-infringement, arising by statute, common law, or otherwise. Ferteve does not warrant the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, Ferteve disclaims all liability for any reliance on or use of the Website, the Services, representations or warranties made by other Users, content or information provided by Users on the Website, or any opinions or suggestions offered by Ferteve or any User regarding any User or services provided by such User.

The Website may contain links to third-party websites, affiliates, or business partners. Ferteve has no control over and assumes no responsibility or liability for the content, accuracy, validity, reliability, or quality of such third-party websites or the content accessible through these links. The inclusion of any link on the Website does not imply endorsement by Ferteve of the linked site. Users access such links and services at their own risk.

Ferteve assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, Users’ equipment due to their access to, use of, or browsing of the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the sole remedy is to cease using the Website.

Should Ferteve determine that a User has provided fraudulent, inaccurate, or incomplete information, including feedback, Ferteve reserves the right to immediately suspend the User’s access to the Website or any accounts associated with the User. Ferteve may also publicly disclose such suspension on the Website alongside the User's name or the name of the User’s clinic, as deemed appropriate by Ferteve, for the protection of its business and the interests of other Users. The User shall indemnify Ferteve for any losses incurred as a result of misrepresentations or fraudulent feedback that adversely impacts Ferteve or its Users.

14. Book Appointment And Call Facility

Ferteve enables Users to connect with Practitioners through two methods: a) Book facility that allows Users to book an appointment through the Website; b) We do not provide any telephony services to connect Users directly to Practitioners. Once an appointment is booked through the Website, all communication and management are handled directly by the Practitioners. Ferteve will ensure Users are provided confirmed appointment on the Book facility or a similarly suitable time which is acceptable to the Users. However, Ferteve has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment. 

If a User has utilized the telephonic services, Ferteve reserves the right to share the information provided by the User with the Practitioner and store such information and/or conversation of the User with the Practitioner, in accordance with our Privacy Policy.

The results of any search Users perform on the Website for Practitioners should not be construed as an endorsement by Ferteve of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

Without prejudice to the generality of the above, Ferteve is not involved in providing any healthcare, nutritional, fitness or medical advice or diagnosis and hence is not responsible for any interactions between User and the Practitioner. User understands and agrees that Ferteve will not be liable for:

User interactions and associated issues User has with the Practitioner;

the ability or intent of the Practitioner(s) or the lack of it, in fulfilling their obligations towards Users;

any wrong medication or quality of treatment being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s);

inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed Services;

any misconduct or inappropriate behaviour by the Practitioner or the Practitioner’s staff;

cancellation or no show by the Practitioner or rescheduling of booked appointment or any variation in the fees charged.

Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, Ferteve shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.

In case of a ‘Patient-No-Show (P.N.S)’ (defined below), where the User does not show-up at the concerned Practitioner’s clinic:

User’s account will be temporarily disabled from booking further online appointments on https://ferteve.in for next four (4) months, in case of, three(3) Valid PNS, as per the Patient-No-Show Policy. However, the User can continue to call the clinic via https://ferteve.in to get an appointment which can also be rejected at the discretion of Ferteve or the clinic.

Patient- No-Show (P.N.S) for the purposes of these Terms and Conditions, is defined as, any instance where a User, who booked an appointment on the Website using the Book Appointment facility , has not turned up for the appointment without cancelling, rescheduling, or informing the Practitioner in advance about the same. Similarly in case of booking blood tests. Where the User is not able to establish that the User had a legitimate reason for not showing up, Ferteve shall be entitled to take actions as mentioned below. However Users understand that, actions such as ones mentioned below are included as a deterrent to stop Users from misusing the Website, and the loss of business hours incurred by the Practitioner and Labs.

Following instances, solely at the discretion of Ferteve, would be construed as valid cases of PNS (“Valid PNS”), in which case the User shall be penalized:

User does not contact and share within seven (7) days, reasons for PNS

In case User responds to the PNS Communication with below reasons or similar reasons:

1. Forgot the appointment

2. Chose to visit another Practitioner/consulted online;

3. Busy with other work; or such other reasons (which Ferteve at its discretion decides to be a valid reason to not show up).

Where the User has booked a paid appointment and is unable to visit the Practitioner, due to such genuine reasons of sickness etc. at the sole discretion of Ferteve, pursuant to conducting of investigation, the User shall be provided with a refund of such payment made by User, at the time of booking. However, where cancellation charges have been levied, you would not be entitled to complete refund.

Ferteve reserves the right to make the final decision in case of a conflict. The total aggregate liability of Ferteve with respect to any claims made herein shall be INR 200.

15. Cancellation and Refund Policy

At Ferteve, we strive to offer the best services to our customers (also referred to as Users below). However, we understand that there may be situations where you need to cancel or reschedule an appointment or request a refund for services. This policy outlines the terms under which cancellations, rescheduling, and refunds are handled.

A. Appointment Cancellations/Re-schedules (both Blood Tests and Consultations)

User/Customer-Initiated Cancellations: 

• If you need to cancel or reschedule your appointment, please notify us at least 4 hours in advance.

• Cancellations made less than 16 hours before the scheduled appointment will be subject to a cancellation fee of INR 200.

• Reschedules made between 16 to 12 hours before the scheduled appointment will be subject to a change fee of INR 50. Reschedules made less than 12 hours before appointment will be considered a cancellation and charges will apply accordingly.

Provider-Initiated Cancellations:

• In the event that your healthcare or service provider cancels or re-schedules the appointment, we will notify you promptly or you may reach out to us through e-mail or call (during working hours) and avail the option to reschedule free of charge or receive a full refund. Such requests must be made within 48 hours of the event.

B. Refunds For Online/In-Person Consultations

• Refund requests for online consultations must be made within 48 hours of the appointment.

• If the online consultation is not conducted due to technical difficulties from Provider’s side, a full refund will be issued after investigation.

• Refunds will not be provided for completed consultations where technical issues were from User’s side.

• Refunds will not be provided for completed in-person consultations.

• In case of a no-show, please read section 5.

C. Refunds For Blood Tests

• Refunds will not be provided for any test that has already been conducted.

• In the event that the test is cancelled by Ferteve for any reason, a full refund will be provided.

D. Refund Processing

• All refund requests will be processed within 15 business days from approval.

• Refunds will be credited back to the original mode of payment.

• In case of third-party payment systems, the refund time may depend on the payment provider’s policies.

E. No-Show Policy

If you fail to show up or be available for a scheduled appointment (blood test or consultation) without prior notice, same rules as Section 1 will apply.

F. Refunds For Fitness Packages

• Once purchased, refund is not possible for Fitness Packages.

16. No Doctor-Patient Relationship; Not for Emergency Use

Please be advised that some of the content, including text, data, graphics, images, information, suggestions, guidance, and other materials (collectively referred to as “Information”) available on the Website, including responses to your questions or postings, may be provided by medical professionals. The provision of such Information does not establish a licensed medical professional/patient relationship between you and Ferteve. This Information is not intended to constitute a medical opinion, diagnosis, treatment, or advice but is solely provided to assist you in locating appropriate medical care from a qualified practitioner.

It is expressly clarified that the Information you obtain or receive from Ferteve, its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Website, is provided for informational purposes only. Ferteve makes no guarantees, representations, or warranties, whether expressed or implied, regarding the professional qualifications, quality of work, expertise, or any other information provided on the Website. Ferteve shall not be liable for any decision or action taken by you based on the Information provided.

The Services offered are not intended to serve as a substitute for emergency healthcare. If you are experiencing a medical emergency, whether for yourself or on behalf of another person, please contact an ambulance service or go directly to the nearest hospital.

17. Restrictions On Use

To fully utilize the services of the Application, You must verify Your email ID. Without limiting the generality of the foregoing, if You are disqualified from undertaking legally binding obligations under the Indian Contract Act, 1872, or if You are, for any reason, unable to provide ‘Consent’ as per the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, You are not eligible to register for, use, or avail of the services provided by the Application.

Without limiting any other provisions of these Terms, You shall not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access to this Application may be terminated immediately, at Our sole discretion, with or without notice, should You fail to comply with any provision of these Terms and/or additional terms, or for any reason, or no reason.

18. Communications

By using this Application, You are deemed to have consented to receiving telephonic calls, SMSs, emails, and other forms of communication from Us and other Users. Such communications shall be sent to You using the telephone number and/or email address provided by You for the use of this Application, and are subject to Our Privacy Policy.

If You use the Application to book appointments with any Practitioner or schedule a laboratory test, We may send You booking confirmations, cancellations, rescheduled appointment notifications, or any other relevant information pertaining to the transaction via SMS, application notifications, or voice calls to the contact number provided by You at the time of booking.

You agree and consent to receive all communications on the mobile number provided by You, even if this number is registered under the Do Not Disturb (DND) or National Customer Preference Register (NCPR) list as per the Telecom Regulatory Authority of India (TRAI) regulations. For this purpose, You further authorize Us to share or disclose this information to any third-party service provider, affiliates, group companies, their authorized agents, or other third-party service providers.

Notwithstanding Your registration with the National Do Not Call Registry (whether in a Fully or Partly blocked category under the National Customer Preference Register set up under TRAI regulations), You hereby expressly consent to receive communications, including commercial communications, in relation to Ferteve. You further confirm that any such communication shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines, as You have specifically opted to receive communications on the telephone number provided by You.

Please note that We may utilize third-party platforms, such as Exotel/Cloud Connect/Superfone/Servetel/Ozonetel, to facilitate the sending of calls and SMS messages.

19. Third-Party Labs And Vendors

Ferteve engages in collaborations with third-party laboratories and vendors to perform blood tests and other diagnostic services. While We exercise due diligence in selecting third parties that are reputable and reliable, Ferteve does not assume any responsibility or liability for any issues arising from the services provided by these third parties. You acknowledge and agree that any matters related to the performance, accuracy, timeliness, or quality of the services provided by third-party laboratories and vendors are beyond Our control and shall not be Our responsibility.

20. Consultations And Recommendations

A. Doctor Consultations
Our doctor consultations are conducted by licensed medical professionals who are registered with the Medical Council of India or equivalent regulatory bodies. These consultations are intended to supplement and enhance Your existing healthcare plan and are not a substitute for the advice, diagnosis, or treatment provided by Your primary healthcare provider. You are encouraged to seek the guidance of Your primary healthcare provider for any health-related concerns.

B. Supplement Recommendations
Any supplement recommendations provided through this Application are based on the information You provide and the results of Your diagnostic tests. These recommendations are not intended to diagnose, treat, cure, or prevent any disease or medical condition. It is strongly advised that You consult with Your healthcare provider before initiating any new supplement regimen to ensure it is appropriate for Your individual health needs.

C. Practitioner Display

Ferteve collects, directly or indirectly, and displays on the Application relevant information regarding the profiles and practices of the Practitioners listed on the Application, including but not limited to their specialization, qualifications, areas of practice, experience, fees, location, and visiting hours. While We make reasonable efforts to ensure that such information is accurate and updated at regular intervals, Ferteve shall not be held liable for any inaccuracies or incompleteness in the Practitioner Content represented on the Application.

It is hereby expressly clarified that the information obtained or received from Ferteve is provided solely for informational purposes and for the User’s personal use. Ferteve makes no guarantees, representations, or warranties, whether expressed or implied, regarding the professional qualifications, quality of work, expertise, or other information related to the Practitioners provided on the Application.

IN NO EVENT SHALL FERTEVE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. FERTEVE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

D. Patient Questionnaire
The patient questionnaire provided on Ferteve's platform is designed to collect information relevant to your health, lifestyle, and wellness preferences. This information helps us tailor our services and recommendations. However, the questionnaire responses are based solely on the information you provide, and Ferteve does not guarantee the accuracy or effectiveness of the insights derived. The questionnaire is intended for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. You are advised to consult with your healthcare provider for any health-related decisions or concerns.

E. Patient Lab Blood Test
Ferteve suggests lab test packages based on your health needs, fertility needs and diagnostic goals, as determined by the information you provide and the results of your questionnaire. We work with third-party lab vendors for sample collection and report generation. By booking a blood test through our platform, you consent to Ferteve handling and collecting your blood samples. You also agree to us receiving and utilizing your blood test reports as needed to deliver our services effectively. Please note that Ferteve selects these vendors based on their credentials, but we do not assume liability for their performance, accuracy, or the services they provide. Blood sample collection is facilitated through the vendor, and reports are shared with Ferteve directly by the lab. These reports are made available to you through the platform. You agree that any lab reports shared via Ferteve are for informational purposes only, and are not to be considered medical advice or a diagnosis. Always consult your healthcare provider to interpret your test results.

F. Smart Report Generation
Our Smart Report generation feature compiles health insights based on your lab results, patient questionnaire, and other available data. These reports are intended to provide guidance and insights into your health status but do not substitute professional medical consultation. Ferteve is not responsible for any inaccuracies or incomplete data presented in the Smart Report, and we strongly encourage you to seek advice from your healthcare provider to better understand the findings in the report.

G. Disclaimer On Medical Advice
None of the information, suggestions, or insights provided in our reports, action lists, supplement recommendations, or action trackers should be considered medical advice. Ferteve is not a licensed healthcare provider, and any actions you take based on the reports and recommendations are at your own discretion and risk. If you experience any health-related issues or have concerns about your results, please consult with a doctor or medical professional.

H. Lab Vendors
Ferteve collaborates with external lab vendors for conducting diagnostic tests. While we make efforts to ensure that our selected vendors are reliable and professional, Ferteve does not control or assume responsibility for their services, including the collection, testing, and reporting of blood samples. Ferteve shall not be held liable for any errors or delays caused by the vendors, and any disputes related to the diagnostic services must be resolved between the user and the respective vendor.

I. Non-Medical Nature Of Supplement And Action Lists
Any supplements, action lists, trackers, or recommendations provided by Ferteve are designed to offer general wellness guidance. These are not medical prescriptions, nor are they designed to treat or diagnose any health conditions. Users are responsible for consulting with a healthcare professional before adopting any new supplements or lifestyle changes suggested through Ferteve’s platform. If you have any health concerns or medical conditions, please seek advice from a qualified healthcare provider before making decisions based on Ferteve's suggestions.

J. Nutritionist Consultations
Our nutritionist consultations are conducted by certified nutritionists or dietitians who are registered with relevant regulatory or professional bodies. These consultations are designed to offer personalized dietary advice based on the information You provide but are not meant to replace medical advice or treatment from a licensed healthcare provider. You should always consult Your primary healthcare provider before making significant changes to your diet, particularly if you have existing health conditions.

K. Fitness Packages
Any fitness packages or programs offered through the Application are created by certified fitness professionals or by our third party vendors. These packages are tailored based on the information provided by You, including fitness levels and goals. However, they are not intended to be a substitute for medical advice or treatment. You should consult a healthcare professional before beginning any new fitness regimen, especially if You have underlying medical conditions or concerns.

21. DISCLAIMERS

i. Ferteve does not endorse any Practitioners displayed or made available through the Application.

ii. Ferteve assumes no liability for any consequences arising from the use of the Application to transmit a User’s medical or personal data to any other User, including, without limitation, loss of data, failure to boot, or other errors affecting the device on which the Application has been downloaded.

iii. Ferteve is a platform used by Practitioners to promote their Services. By using Ferteve, the User acknowledges and agrees that Ferteve does not endorse any specific Practitioner’s services.

iv. Ferteve disclaims any responsibility toward Users regarding the development, maintenance, and updating of the Application.

v. Any modification, development, maintenance, or updating of the Application, as well as any modification, transfer, license, or assignment of the rights in the Application, shall be carried out by Ferteve at its sole discretion and judgment.

vi. The Application and Services provided by Ferteve are provided on an “as-is” and “as available” basis, without any warranties or conditions, whether express or implied, including but not limited to implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade. To the fullest extent permitted by law, Ferteve disclaims all liability arising out of the User’s use of, or reliance upon, the Application, the Services, the Ferteve Content, representations and warranties made by Ferteve, or any opinion or suggestion given or expressed by Ferteve or its contractors and agents (including Practitioners).

vii. Specifically, Ferteve disclaims any liability arising out of:

• Any pre-existing medical condition; or

• Any adverse drug reaction (resulting from any act or omission based on information found on the Application, or otherwise); or

• Sudden escalation of a pre-existing medical condition or medical situations that arise from the omission of critical and material health information by a User.

viii. Ferteve disclaims any representation and/or warranty regarding the security, reliability, quality, timeliness, and performance of:

• The Application and its features;

• Practitioner information on the Application;

• Any service information, content, or advice available on or received through the Application;

• Access to or alteration of User content or Ferteve Health content;

• Transmissions or data; and

• Any other matter relating to the Application and/or Services.

ix. Users agree that the open and real-time nature of the platform makes it impossible for Ferteve to guarantee the validity, authenticity, or honesty of User content. Ferteve is not responsible for any User content on the Application or for the consequences of Users reading or relying on such content.

x. Ferteve does not guarantee, and shall not be held liable or responsible for, the failure to send any communication, notification, or reminder to Users, whether as a feature of the Application or not.

xi. Ferteve shall not be responsible or liable for any breach or loss of data, including personal information, caused by events beyond the control of Ferteve, including but not limited to technical reasons or third-party actions.

xii. Users acknowledge that there are inherent risks involved in receiving medical services over a mobile or computer platform, including but not limited to:

• Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical decision-making by a Practitioner;

• Practitioners may be unable to provide medical treatment or arrange for care that may be required in an emergency;

• Delays in medical evaluation and treatment may occur due to deficiencies or failures of the Application;

• Security protocols may fail, leading to a breach of privacy of confidential medical information;

• A lack of access to complete medical records may result in errors in medical judgment;

• Users may expect anticipated benefits from the Services provided by Ferteve, Practitioners, and its authorized representatives, but no results can be guaranteed. The User’s condition may not be cured or improved and, in some cases, may worsen.

22. Online Consultations

Users are expressly advised against using online consultation services in the event of medical emergencies, including but not limited to accidents, bleeding injuries, burns, sexual abuse/assault, medicolegal cases, or any other situation where the patient is in a critical condition.

The Services provided through the Application are not a substitute for emergency medical services offered by hospitals and should not be utilized in circumstances where the patient is in critical condition. In the event of a Medical Emergency (as defined herein), Users are strongly advised to contact emergency services immediately and/or proceed to the nearest hospital. For the purposes of this Agreement, “Medical Emergency” shall mean a severe and unexpected situation involving illness or injury that requires immediate medical attention. Failure to obtain such attention may pose an imminent threat to life, potentially leading to death without timely intervention.

Online consultation services are provided solely upon the express consent of the User and are not to be construed as a replacement for physical consultation. These Services are intended for general consultation purposes only. Should an online consultation result in recommendations for diagnostic tests or the issuance of a prescription, such recommendations and prescriptions are based on the information provided and the preliminary examination conducted during the consultation. They are therefore not to be treated as accurate, final, or conclusive. Practitioners reserve the right to modify any prescription or recommended diagnostic tests if the User provides additional information during subsequent consultations.

Users are required to ensure that all interactions and communications with Practitioners, including but not limited to the sharing of images or videos of body parts, are conducted solely through the Application. Users must not rely on any external modes of communication for interactions or communications with Practitioners.

23. Limitation Of Liability

To the fullest extent permitted by applicable law, under no circumstances shall Ferteve, its contractors, agents (including Practitioners), or any of their respective directors, officers, employees, agents, content providers, or service providers (collectively referred to as the “Protected Entities”) be held liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages. This includes, but is not limited to, damages for loss of business, revenue, profits, goodwill, or other intangible losses arising from or in connection with the use of, reliance on, or inability to use or rely on the Application, Services, or any materials and functions related thereto, regardless of whether Ferteve was advised of, or could have reasonably foreseen, the possibility of such damages.

Notwithstanding any other provision in this Agreement, the total aggregate liability of the Protected Entities to any User for all claims, damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) arising from or related to this Agreement or the use of the Application shall not exceed the lesser of INR 1000 or the amount of payment received directly by Ferteve from the User for Services rendered within the three-month period preceding the event giving rise to such liability.

24. Indemnification

You hereby agree to indemnify, defend, and hold harmless Ferteve, its contractors, agents, representatives, and other authorized users (including both Registered and Non-Registered Users, Patients, Practitioners), as well as each of these entities' respective contractors, agents, representatives, service providers, suppliers, officers, directors, owners, employees, and agents, from and against any and all healthcare issues, complications, losses, damages, liabilities, claims, and costs (including reasonable attorneys’ fees) arising out of or in connection with:

(i) Your use or misuse of the Application or Services;
(ii) Your breach of any terms, conditions, or provisions of this Agreement, or violation of any applicable laws, rules, or regulations;
(iii) Any negligent, willful, or wrongful act or omission on Your part;
(iv) Any misrepresentation or fraudulent feedback provided by You that adversely affects Ferteve Health or its Users;
(v) Actions taken by You as a result of viewing or using Content on the Ferteve Health Application;
(vi) Any legal or intellectual property claims arising from the User Content provided by You; and
(vii) Any unauthorized use of the Application and its Content.

This indemnification obligation will survive the termination of this Agreement and your use of the Application.

25. User’s Obligations

The User hereby agrees to fulfill the following obligations. Failure to adhere to any of these obligations shall grant Ferteve the right to permanently suspend the User’s account and/or seek compensation for any damages incurred or additional costs imposed on Ferteve Health:

1. The User hereby certifies that they were assigned female at birth and are  at least 18 years of age. Ferteve Health reserves the right to take appropriate legal action in the event of a violation of this requirement.

2. The User agrees to comply with all applicable local laws and regulations governing the downloading, installation, and/or use of the Application, including, without limitation, any usage rules specified in this Agreement.

3. In instances where a minor may access or use the Application or Services, the User shall ensure that such access or use occurs exclusively through the User’s account and under the User’s direct supervision. The User further agrees to accept full accountability and liability for the activities of the minor on the Application, including in relation to the Services availed through the Application.

4. The User certifies that all registration information submitted to Ferteve is truthful and accurate, and agrees to maintain the accuracy of such information.

5. The User agrees to use the Application solely for personal and non-commercial purposes. Any use of the Application or its content for purposes other than personal use is strictly prohibited.

6. The User acknowledges that the results of any searches performed on the Website for Practitioners should not be interpreted as an endorsement by Ferteve of any particular Practitioner. The decision to engage with a Practitioner for medical services is at the sole risk of the User.

7. Without prejudice to the generality of the above, Ferteve is not involved in providing any healthcare or medical advice or diagnosis and, therefore, is not responsible for any interactions between the User and the Practitioner. The User understands and agrees that Ferteve will not be liable for:

a) User interactions and associated issues arising from the User’s engagement with the Practitioner;

b) The ability or intent of the Practitioner(s), or the lack thereof, in fulfilling their obligations towards the User;

c) Any incorrect medication or quality of treatment provided by the Practitioner(s), or any medical negligence on the part of the Practitioner(s);

d) Inappropriate treatment, or any type of inconvenience experienced by the User due to a failure on the part of the Practitioner to provide the agreed-upon Services;

e) Any misconduct or inappropriate behavior by the Practitioner or the Practitioner’s staff;

f) Cancellations, no-shows, rescheduling of booked appointments, or any variations in fees charged by the Practitioner, provided these issues have been addressed under the Ferteve Cancellation and Reschedule Policy. 

Users are permitted to provide feedback regarding their experiences with Practitioners; however, Users must ensure that such feedback is provided in accordance with applicable laws. The User understands that Ferteve is not obliged to take actions based on the content of the User's feedback, including suggestions for delisting a particular Practitioner from the Website.

Notwithstanding anything contained herein, Ferteve is not responsible for any medications or therapies prescribed by Practitioners.

26. Prohibited Actions

The User agrees to refrain from the following actions:

i) Engaging in any activities such as cutting, copying, distributing, modifying, recreating, reverse engineering, posting, publishing, or creating derivative works from, transferring, or selling any information or software obtained from the Application. For the avoidance of doubt, it is expressly clarified that any form of unlimited or wholesale reproduction or copying of the content for commercial or non-commercial purposes, as well as any unwarranted modification of data and information within the Application's content, is strictly prohibited. If the User wishes to engage in any of these activities, prior written permission from Ferteve must be obtained.

ii) Accessing or attempting to access the Application and/or the materials or Services by any means other than those provided by the Application interface. The use of deep-linking, robots, spiders, or any other automatic devices, programs, algorithms, methodologies, or any similar or equivalent manual processes to access, acquire, copy, or monitor any portion of the Application or Content, or to reproduce or circumvent the navigational structure or presentation of the Application, materials, or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Application, is strictly prohibited.

iii) Using the Application in any manner that could impair, overburden, damage, disable, or otherwise compromise the services provided by Ferteve.

iv) Utilizing User information made available through Ferteve for any unlawful purposes or to conduct any unlawful activities, including, but not limited to, fraud, embezzlement, money laundering, or identity theft.

v) Using User information provided through Ferteve to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean, or otherwise violate the legal rights of other individuals.

vi) Engaging in any activities that interfere with or disrupt access to the Application or the Services (or the servers and networks connected to the Application).

vii) Probing, scanning, or testing the vulnerability of the Application or any network connected to the Application, nor breaching the security or authentication measures on the Application or any network connected to the Application. The User shall not attempt to reverse look-up, trace, or seek to trace any information regarding any other User or visitor to the Application or exploit the Application or Service or any information made available or offered by or through the Application to reveal any information, including, but not limited to, personal identification information, other than their own information as provided by the Application.

viii) Disrupting or interfering with the security of the Application or causing any harm to the Application, its system resources, servers, or networks connected to or accessible through the Application or any affiliated or linked applications.

ix) Violating any applicable laws or regulations currently in force within or outside India.

x) Violating any code of conduct or other guidelines that may be applicable to any particular Service.

By adhering to these stipulations, the User ensures the integrity and security of Ferteve's Application and services, safeguarding the interests of all parties involved.

27. Updates

The Application may periodically and automatically verify the version of the Application installed on your Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). These Updates may include, but are not limited to, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the Application. By installing the Application, you hereby grant authorization for the automatic download and installation of Updates. Additionally, you agree to manually download and install Updates if required. Your continued use of the Application and any subsequent Updates will be governed by the terms of this Agreement, including any amendments made through terms and conditions accompanying such Updates.

28. Refunds, Cancellations, Disputes, And Chargebacks

a. Ferteve Health maintains a strict policy for cancellations or refunds which is available in our FAQs section and Section 15 of these Terms & Conditions. 

b. In exceptional circumstances, Users may submit a claim for a refund by contacting info@ferteve.in. Such a claim must provide a clear and specific justification for the refund request, including the specific terms of service that have been violated. The determination of whether a refund will be provided is at the sole discretion of CMPLT Health and Tech Private Limited. All refund requests must be submitted within two (2) business days from the date of purchase.

c. If a payment has been made through a third-party EMI provider, such as Simpl, Axio, or any bank, the User remains liable for all payments as determined by the respective lender. Ferteve bears no responsibility should the User decide to discontinue the services.

d. In cases where a User cancels a plan purchased via an EMI option, Ferteve will process any applicable refunds in accordance with its refund policy. Users are advised to consult the relevant bank or issuer to understand how such cancellations or refunds may impact the terms of the EMI, including any pre-closure or interest charges that may be applied.

e. The EMI facility is provided directly by the respective banks or lenders, and Ferteve plays no role in the approval, extension, pricing, modification, pre-closure, closure, or any related matters concerning the EMI facility, which are determined solely at the discretion of the respective bank or lender.

f. The EMI facility provided by banks or lenders to Users is governed by the respective terms and conditions of each bank or lender. Users should direct any complaints, disputes, or inquiries regarding an EMI transaction to the respective bank or lender.

g. Ferteve shall not be held liable for any disputes arising out of or in connection with the EMI facility offered by the respective banks or issuers.

28. Copyright

a. All information, content (including, but not limited to, health articles and real health stories), services, and software displayed on, transmitted through, or used in connection with the Application—including, without limitation, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and similar materials (collectively, the “App Content”)—as well as the selection and arrangement thereof, are the exclusive property of Ferteve. Users may access and use the App Content solely through the Application and exclusively for personal, non-commercial purposes.

b. Users are expressly prohibited from republishing any portion of the App Content on any Internet, Intranet, or extranet site, or from incorporating the App Content into any database, compilation, archive, or cache. Furthermore, Users may not distribute any App Content to third parties, whether for payment or any other form of consideration. Users are prohibited from modifying, copying, framing, caching, reproducing, selling, publishing, transmitting, displaying, or otherwise using any portion of the App Content without explicit permission. Scraping or copying the App Content, without obtaining prior written consent, is strictly forbidden. Users agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Application; not to insert any code or product, or manipulate the content of the Application in any manner that affects the user experience; and not to employ any data mining, data gathering, or data extraction methods.

Any violation of these provisions may result in legal action and the pursuit of all available remedies.

Content Ownership and Copyright Conditions of Access

The content available on the Website is either (i) user-generated content or (ii) owned by Ferteve. Any information collected by Ferteve directly or indirectly from End-Users and Practitioners is the exclusive property of Ferteve. Any copying, reproduction, or use of Ferteve’s copyrighted content on the Website for commercial purposes or profit-making endeavors constitutes a violation of copyright, and Ferteve reserves all rights to take legal action under applicable laws.

Ferteve grants Users permission to view and access the content available on the Website strictly for the purposes of ordering, receiving, delivering, and communicating as outlined in this Agreement. The content on the Website, including but not limited to information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and assembly of such content (collectively, "Ferteve Content"), is the exclusive property of Ferteve and is protected by copyright, trademark, and other relevant laws. Users are prohibited from modifying, reproducing, displaying, publicly performing, distributing, or otherwise using the Ferteve Content in any manner for public or commercial purposes or for personal gain.

Users are expressly prohibited from accessing the Services for the purposes of monitoring their availability, performance, or functionality, or for any benchmarking or competitive analysis.

29. Content

All content including but not limited to Blogs, FAQs, Descriptions, Informations and so on provided by Ferteve on the Website or Application is intended solely for informational purposes and should not be construed as medical advice or a substitute for medical advice provided by a licensed physician or trained healthcare professional. Ferteve retains exclusive ownership of all such content, which may not be reproduced, distributed, or used in any manner without the express written consent of Ferteve. While we strive to provide accurate and up-to-date information, we cannot be held responsible for any actions taken based on it or for any inaccuracies. Use the information at your own discretion. Any unauthorized use of the content will be subject to appropriate legal action.

30. Website Terms

By downloading and/or using this Application, you expressly agree to be bound by the Terms of Use, Privacy Policy, and other applicable policies as outlined on the website https://ferteve.in. Furthermore, it is hereby clarified that all terms and policies set forth on the Website shall be coextensive with and apply equally to these Terms.

31. Patient Stories

By using this Website, you acknowledge and agree that any information you share with Ferteve or any Practitioner will be governed by our Privacy Policy.

You bear full responsibility for the content you choose to submit for publication on the Website, including any patient stories or recommendations (“Critical Content”) relating to Practitioners or other healthcare professionals. Ferteve’s role in publishing Critical Content is limited to that of an ‘intermediary’ under the Information Technology Act, 2000. Ferteve disclaims all responsibility for the content of Critical Content, and its obligations concerning such content are confined to its role as an ‘intermediary’ under the aforementioned Act. Ferteve shall not be liable to compensate any User for re-publishing content across any of its platforms.

Without prejudice to the detailed terms set forth in Clause ___(rights and obligations relating to content) you agree not to post or publish any content on the Website that (a) infringes upon any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the Information Technology (Intermediary Guidelines) Rules, 2011 (IG Rules) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (SPI Rules). Ferteve, at its sole discretion, reserves the right to withhold the publication of your patient stories if required by applicable law, and in accordance with these Terms.

You further agree that Ferteve may contact you through telephone, email, SMS, or other electronic means for the purpose of:

Obtaining feedback in relation to the Website or Ferteve’s services; and/or

Obtaining feedback in relation to any Practitioners listed on the Website; and/or

Resolving any complaints, information, or queries raised by Practitioners regarding your Critical Content.

You agree to cooperate fully with Ferteve in connection with any such communication. 

32. Terms of Use for Practitioners

The terms in this Clause apply exclusively to Practitioners.

Listing Policy

Ferteve, both directly and indirectly, collects information regarding Practitioners’ profiles, contact details, and practice information. Ferteve reserves the right to remove any Practitioner’s profile and to display the profiles of Practitioners, with or without notice to the concerned Practitioner. This information is collected to facilitate interaction with End-Users and other Users. If any information displayed on the Website in connection with your profile is found to be incorrect, you are required to promptly inform Ferteve to enable necessary amendments.

Ferteve shall not be liable or responsible for the ranking of Practitioners on external websites or search engines.

Ferteve shall not be responsible or liable in any manner to Users for any losses, damages, injuries, or expenses incurred by Users as a result of disclosures or publications made by Ferteve, where the User has expressly or implicitly consented to such disclosures or publications. If the User has revoked such consent under the terms of the Privacy Policy, Ferteve shall not be responsible or liable in any manner for any losses, damages, injuries, or expenses incurred by the User due to disclosures made by Ferteve prior to its receipt of such revocation.

Ferteve reserves the right to moderate suggestions made by Practitioners through feedback and to remove any abusive, inappropriate, or promotional content added to the Website. However, Ferteve shall not be liable if any inactive, inaccurate, fraudulent, or non-existent profiles of Practitioners are added to the Website.

Practitioners explicitly agree that Ferteve reserves the right to publish the content provided by Practitioners to third parties, including content platforms.

When listed on https://ferteve.in, End-Users may see a ‘show number’ option. When End-Users choose this option, they can call your number through a free telephony service provided by Ferteve, and the records of such calls are recorded and stored on Ferteve’s servers. These calls include an IVR message stating the purpose of recording and your consent to such recordings, which are managed per the Privacy Policy. Ferteve may access such records for quality control and support-related purposes in accordance with the Privacy Policy. This call facility provided by Ferteve should be used exclusively for appointment and booking purposes, not for health-related consultations. Ferteve accepts no liability if the call facility is used contrary to this purpose. If you choose not to consent to the recording of calls containing personal information required for appointment and booking purposes, Ferteve reserves the right to withhold the Services for which such information is sought.

As a Practitioner, you hereby represent and warrant that you will use the Services in compliance with applicable law. Any contravention of applicable law resulting from your use of these Services is solely your responsibility, and Ferteve accepts no liability for the same.

33. Provider Terms & Conditions

Ferteve is committed to fostering a trusted network of providers dedicated to delivering exemplary care for patients. The following guidelines and terms and conditions are set forth to ensure that Ferteve and its providers collaboratively advance healthcare for Indian women.

For the purposes of this agreement, "Provider" or "Practitioner" refers to any healthcare provider or professional, including but not limited to doctors, therapists, counselors, nutritionists, dermatologists, nurses, and other medical professionals.

34. Guidelines for Provider Protocol

1. Providers shall consistently demonstrate compassion and kindness towards patients.

2. Providers shall uphold the highest standards of patient confidentiality.

3. Providers shall discuss patient concerns and conditions exclusively with the patient, and not with any family member, unless absolutely necessary.

4. Providers shall refrain from sharing personal, non-medical opinions or judgments regarding a patient’s questions or issues.

5. Providers shall maintain a progressive approach to a patient’s healthcare needs and conditions.

6. Providers shall base their diagnoses, recommendations, or prescriptions solely on established medical science.

7. Providers shall avoid making assumptions about a patient's condition; further examination, including in-person consultations, should be pursued if there is substantial doubt about the patient’s condition.

8. Providers shall meticulously maintain detailed notes on a patient’s history and concerns to support Ferteve in managing the patient’s long-term, holistic health.

35. Provider Obligations

1. The Practitioner shall be duly registered, licensed, and qualified to practice medicine or provide healthcare and wellness services in accordance with applicable laws, regulations, and guidelines established by competent authorities. The Practitioner shall not engage in any arrangement that would prohibit them from practicing within the territory of India. The Practitioner shall ensure compliance with all applicable laws governing their practice and exercise due diligence in providing consultations and services.

2. Providers shall treat online consultations as equivalent to in-clinic consultations and offer advice to the best of their professional knowledge.

Providers shall make every effort to be available for scheduled appointments. If unable to attend, Providers must notify Ferteve and the patient at least two hours in advance to reschedule the appointment.

3. If a physical consultation is deemed necessary for accurate diagnosis and resolution, the Provider shall cancel the online consultation and ensure a refund to the patient.

4. Non-compliance with the guidelines or misuse of the platform may result in the suspension or removal of the Provider’s access to the consultation features.

5. Providers are responsible for all advice given to patients, equivalent to the responsibility in in-clinic consultations.

6. Providers shall respond promptly to patient communications. Failure to adhere to applicable laws or guidelines may result in the replacement or removal of the Provider from the platform by Ferteve.

7. Payment, pricing, and booking structures may be updated at Ferteve’s discretion. Providers will be notified of any changes to their fees.

8. Ferteve reserves the right to display other available Providers for consultation at its discretion.

9. Providers must treat patients with the same diligence as in a physical consultation model.

10. Providers may cancel consultations if they believe the case exceeds their expertise or capacity. In such instances, Providers should advise patients on next steps and ensure a refund where applicable.

11. Providers must comply with all governing laws and regulations in providing consultations.

12. Ferteve may take legal action or cancel consultations if Providers are found in violation of applicable laws or guidelines.

13. Providers are responsible for ensuring accurate bank account details for payments. Ferteve is not liable for any loss resulting from incorrect details or technical failures during transactions.

14. Patient information disclosed during consultations is confidential and subject to privacy laws.

15. Providers must adhere to scheduled appointment times and notify patients of any delays.

16. Ferteve does not guarantee uninterrupted communication and is not liable for any communication issues or delays.

17. Providers are responsible for the accuracy and completeness of the information provided by patients. Ferteve Health is not liable for errors in communication between Providers and patients.

18. Providers shall indemnify and hold Ferteve and its affiliates harmless from any claims, damages, losses, or penalties arising from their services or any violations of laws or regulations.

19. Ferteve is not responsible for any medication or therapy prescribed by the Practitioner.

20. Providers must report any physical abuse, sexual misconduct, or self-harm to Ferteve immediately via email at info@Ferteve.in.

21. Providers are prohibited from using any platform other than the Application for communication with users. Any such attempt constitutes a violation of this Agreement.

22. Online consultations are intended for general purposes and are not suitable for emergencies or serious conditions requiring physical examination. Providers recommending in-person consultations must ensure that patients arrange such appointments independently. Ferteve is not liable for any deterioration in the patient’s condition due to negligence in booking or attending physical consultations.

36. Practitioner Undertaking

The Practitioner hereby affirms and undertakes the following:

1. Registration and Licensing: The Practitioner is and shall remain duly registered, licensed, and qualified to practice medicine and provide healthcare or wellness services in accordance with all applicable laws, regulations, and guidelines established by competent authorities within the territory of India. The Practitioner shall not engage in or be part of any arrangement that would preclude them from practicing medicine within this jurisdiction.

2. Compliance with Laws: The Practitioner shall ensure full compliance with all applicable laws, rules, regulations, and professional standards governing their practice at all times. This includes adherence to local, state, and national healthcare regulations, as well as any specific guidelines pertinent to their field of expertise.

3. Professional Standards: The Practitioner shall maintain the highest standards of professional conduct and care in the consultation and services provided. This includes, but is not limited to, upholding ethical practices, ensuring accuracy and integrity in diagnoses and treatments, and providing care that is in the best interest of the patient.

4. Ongoing Education and Competence: The Practitioner shall engage in continuous professional development and education to stay abreast of advancements in their field and maintain their qualifications. The Practitioner commits to ongoing learning and improvement in their practice to ensure that their knowledge and skills remain current and effective.

5. Confidentiality and Privacy: The Practitioner shall uphold strict confidentiality regarding all patient information and comply with applicable privacy laws. This includes safeguarding patient data and ensuring that all communications and records are handled with the utmost discretion and security.

6. Professional Integrity: The Practitioner shall not engage in any conduct that could be deemed unprofessional or unethical, including but not limited to, conflicts of interest, exploitation of patient relationships, or any form of fraud or misrepresentation.

7. Quality of Care: The Practitioner shall provide care and services that meet or exceed the standards expected by the healthcare profession. This includes conducting thorough assessments, delivering evidence-based treatments, and referring patients for further evaluation or specialist care when necessary.

8. Reporting and Accountability: The Practitioner shall promptly report any incidents, concerns, or breaches related to patient care or professional conduct to Ferteve Health. The Practitioner acknowledges their responsibility to cooperate with any investigations or reviews conducted by Ferteve or relevant authorities.

9. Indemnification: The Practitioner agrees to indemnify and hold Ferteve harmless from any claims, damages, losses, or liabilities arising from their practice or any violation of applicable laws or regulations. This indemnification includes but is not limited to, claims related to malpractice, professional negligence, or breaches of confidentiality.

10. Commitment to Service: The Practitioner shall ensure that all consultations and services provided through the platform are conducted with the same level of care and professionalism as would be expected in an in-person consultation setting. The Practitioner shall adhere to the scheduled appointments and notify patients promptly in case of any changes or delays.

By executing this undertaking, the Practitioner acknowledges their commitment to these terms and agrees to fulfill their professional responsibilities in accordance with the highest standards of medical and ethical practice.

37. Usage in Promotional Materials

In recognition of the various offerings and services provided by Ferteve to the Practitioner, the Practitioner agrees to the following, subject to their reasonable right to review and approve:

(a) Marketing and Promotional Materials: The Practitioner shall permit Ferteve to include a brief description of the services provided to the Practitioner in Ferteve’s marketing, promotional, and advertising materials.

(b) Case Studies and Marketing Materials: The Practitioner shall allow Ferteve to reference the Practitioner in case studies and related marketing materials.

(c) References: The Practitioner shall serve as a reference for Ferteve’s existing and potential clients.

(d) Media and Testimonials: The Practitioner shall provide video logs, testimonials, emailers, banners, and interviews to news media, and supply quotes for press releases as requested by Ferteve. Additionally, Ferteve reserves the right to collect and use similar content, including testimonials and feedback, from Users for promotional and marketing purposes. 

(e) Presentations: The Practitioner agrees to make presentations at conferences as may be requested by Ferteve.

(f) Usage of Name and Branding: The Practitioner shall allow the use of their name, logo, brand images, tag lines, and similar identifiers in product literature, emailers, press releases, social media, and other advertising, marketing, and promotional materials created by Ferteve.

38. Professional Responsibility

Providers shall be solely responsible for the professional and technical services they render. Ferteve makes no representations regarding the completeness, accuracy, or utility of any information within the Services, nor concerning the qualifications or competence of individuals responsible for such information. Ferteve disclaims all liability for any consequences arising from the Providers' use of the Services or their interactions with patients.

39. Limitation of Liability

Under no circumstances, including but not limited to negligence, shall Ferteve, or any of its directors, officers, employees, agents, or content and service providers (collectively, the “Protected Entities”), be held liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from or in connection with the use or inability to use the Website, its content, materials, related functions, or the Services, as well as any information provided by the User via the Website, or for any loss of business or End-Users, even if such Protected Entities have been advised of the possibility of such damages. The Protected Entities shall not be liable for:

• The provision or failure to provide any service by Practitioners to End-Users contacted or managed through the Website;

• Any content posted, transmitted, exchanged, or received by or on behalf of any User or any other person on or through the Website;

• Any unauthorized access to or alteration of your transmissions or data; or

• Any other matter relating to the Website or the Services.

In no event shall the total aggregate liability of the Protected Entities to any User for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence or otherwise) arising from this Agreement or the User’s use of the Website or the Services exceed, in aggregate, Rs. 1,000/- (Rupees One Thousand Only).

40. Indemnification

Providers hereby agree to indemnify, defend, and hold harmless Ferteve and its affiliates, officers, directors, employees, and agents from and against any claims, costs, or liabilities, including reasonable attorneys' fees, arising out of or related to:

(a) Use of Services: Any use of the Services by the Provider or their workforce.

(b) Breach of Agreement: Any breach by the Provider or their workforce of any representations, warranties, or agreements contained in this Agreement.

(c) Access by Unauthorized Persons: Actions of any person gaining access to the Services under credentials assigned to the Provider or a member of their workforce.

(d) Adverse Effects from Credentials: Actions of anyone using credentials assigned to the Provider or any member of their workforce that adversely affect the Services or any information accessed through the Services.

(e) Negligence or Misconduct: Any negligent or willful misconduct by the Provider or any member of their workforce.

The indemnification obligations of the Provider under this Agreement are cumulative and do not limit the Provider's indemnification obligations elsewhere in this Agreement or under applicable law, even if such obligations arise from a single assertion, claim, circumstance, action, event, or transaction.

41. Profile Ownership and Editing Rights

Ferteve allows Practitioners to request updates to their profile information. Practitioners can submit a request via email for any changes, and these requests will be subject to review and approval by Ferteve before being implemented. However, Ferteve retains ownership of all Practitioner profiles and photographs and reserves the right to moderate any changes or updates requested by Practitioners. Ferteve independently decides whether to publish or reject such requests. You hereby represent and warrant that you are fully authorized under law to upload all content associated with your profile or otherwise submitted while using Ferteve’s services, and that no such content infringes upon the rights of any third party, including intellectual property rights. If Ferteve becomes aware of a breach of this representation, it may, at its sole discretion, modify or delete parts of your profile information with or without prior notice to you.

42. Rights and Obligations Relating to Content

1. In accordance with Regulation 3(2) of the IG Rules, Ferteve informs Users that they are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing any information that:

• Belongs to another person and to which the User does not have any rights;

• Is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, or otherwise unlawful;

• Harms minors in any way;

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

• Violates any law currently in force;

• Deceives or misleads the recipient about the origin of the message or is grossly 

• offensive or menacing in nature;

• Impersonates another person;

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

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

2. Users are also prohibited from:

• Violating or attempting to violate the integrity or security of the Website or any Ferteve Content;

• Transmitting any information on or through the Website that is disruptive or competitive to the services provided by Ferteve;

• Intentionally submitting any incomplete, false, or inaccurate information on the Website;

• Making unsolicited communications to other Users;

• Using any engine, software, tool, agent, or other device to navigate or search the Website;

• Attempting to decipher, decompile, disassemble, or reverse engineer any part of the Website;

• Copying or duplicating any Ferteve Content or other information available on the Website;

• Framing, hot-linking, or deep-linking any Ferteve Content;

• Circumventing or disabling any digital rights management, usage rules, or other security features of the Website.

3. Upon becoming aware, either through its own monitoring or notification from an affected party, of any content that violates Clauses 1 and 2, Ferteve reserves the right to disable such content. Ferteve may also preserve this content and related records for at least 90 days for potential production to governmental authorities for investigative purposes.

4.  In the event of non-compliance with applicable laws, rules, regulations, or this Agreement (including the Privacy Policy), Ferteve reserves the right to immediately terminate the User’s access to the Website and Services and to remove any non-compliant content.

5 Ferteve may disclose or transfer User-generated content to its affiliates or governmental authorities as permitted or required by law, and Users consent to such transfer. Ferteve will only transfer sensitive personal data or information to any other entity that ensures the same level of data protection as provided by Ferteve under the SPI Rules, and only if such transfer is necessary for the performance of a lawful contract or if the User consents to the transfer.

Ferteve respects the intellectual property rights of others and disclaims responsibility for any violations of intellectual property rights by Users.

43. Termination

Ferteve reserves the right to suspend or terminate a User’s access to the Website and Services, with or without notice, and to pursue any other legal remedies available, in the following circumstances:

• The User breaches any terms and conditions of this Agreement;

• A third party reports that the User's use of the Services violates their rights;

• Ferteve is unable to verify or authenticate any information provided by the User;

• Ferteve has reasonable grounds to suspect that the User is engaged in illegal, fraudulent, or abusive activity;

• Ferteve, at its sole discretion, believes that the User's actions may result in legal liability for the User, other Users, or Ferteve, or are otherwise contrary to the interests of the Website.

In the event of temporary suspension, indefinite suspension, or termination, the User is prohibited from continuing to use the Website under the same account, a different account, or by re-registering under a new account. Upon termination of an account for the reasons mentioned herein, the User will no longer have access to data, messages, files, or other materials stored on the Website. It is the User’s responsibility to maintain continuous backups of any medical services they have rendered to comply with their record-keeping processes and practices.

44. Retention and Removal

Ferteve may retain information collected from Users through its Website or Services for as long as necessary, depending on the nature of the information, its purpose, the means and modes of usage, and in compliance with the SPI Rules. Additionally, computer web server logs may be preserved for as long as deemed administratively necessary.

45. Applicable Law and Dispute Resolution

1. This Agreement, and any contractual obligations between Ferteve and the User, shall be governed by the laws of India.

2. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of its scope or applicability to arbitration, or your use of the Website, Services, or information accessed through it, shall be resolved by arbitration in India. The arbitration will be conducted before a sole arbitrator appointed by Ferteve, in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Hyderabad and all proceedings, including any awards, will be conducted in English. The arbitral award shall be final and binding on the parties involved.

3 Subject to Clause 2, the courts of Hyderabad shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement, your use of the Website or Services, or the information accessed through it.

46. Contact Information and Grievance Officer

If you have any questions regarding Ferteve, the Website, this Agreement, the Services, or related matters, you can reach Ferteve customer support via email at info@ferteve.in or through the contact information available at https://ferteve.in.

In accordance with the Information Technology Act, 2000, and the relevant rules, if you have any grievances concerning the Website or the Services, including discrepancies or issues related to the processing of information, you may contact our Grievance Officer, Dr. Manasvi Bommareddy, through our Contact Us page. If you have suffered as a result of access to or usage of our Website in violation of Rule 3 of the IG Rules, please address your grievance to the aforementioned officer.

47. Severability

If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction or an arbitral tribunal under applicable law, that provision shall be deemed excluded from this Agreement. The remaining provisions of the Agreement shall continue to be valid and enforceable as if the excluded provision were never a part of this Agreement. However, in such cases, the Agreement shall be interpreted to give effect to the original intent and meaning of the excluded provision to the fullest extent permitted by applicable law, as determined by the court or tribunal.

48. Waiver

No provision of this Agreement shall be considered waived, and no breach excused, unless such waiver or consent is provided in writing and signed by Ferteve. Ferteve’s consent to, or waiver of, any specific breach by you—whether expressed or implied—shall not be construed as a consent to, waiver of, or excuse for any other, different, or subsequent breach.