Terms and Conditions

1. This Is a Binding Agreement

1.1 Below are the terms that apply to all Subscribers of CrelioHealth products and services. CrelioHealth provides you with secure, safe online storage for your important personal health and medical records, and other vital documents. You should familiarize yourself with these terms because they establish your rights and responsibilities as a Subscriber. We understand that the privacy and security of your personal records are important, and we use some of the most advanced security technology available to protect that privacy. However, please keep in mind that your records are only as secure as your password; we strongly recommend that you change your password frequently. As you navigate our website and use the services we offer, do not hesitate to contact us if you have any questions.

These Terms and Conditions of Use Agreement ("Agreement") between you and Creliant Software Pvt. Ltd. sets forth the general terms and conditions governing your use of the CrelioHealth Site and the products and services available on the Site. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE CRELIOHEALTH SITE.

1.2 As used in this Agreement, the terms "CrelioHealth," "we," "us," or "our" refer to Creliant Software Pvt. Ltd. As used in this Agreement, the term "Subscriber" is as defined herein.

1.3 The CrelioHealth website (the "Site") is an online information and communications service provided by Creliant Software Pvt. Ltd. that contains health and health-related information about an individual or multiple related individuals, submitted and/or entered by healthcare providers, healthcare organizations, and/or the individual and/or his or her designee.

1.4 Definitions.

(a) "Account" shall mean the file of health and health-related information of a Subscriber and/or his or her family members that may be accessed, stored, used, and updated only by the Subscriber and/or his or her designee(s).

(b) "Disclosing Party" shall mean the party disclosing health or health-related information for inclusion in a Subscriber's Account.

(c) "Subscriber" shall mean an individual who executes or enters into this Agreement with Creliant Software Pvt. Ltd. to maintain and store health and health-related information in a Subscriber Account that may be accessed at the CrelioHealth Site, or who accepts the terms and conditions set forth in this Agreement so as to access and/or use the CrelioHealth Site. A Subscriber may access, use, store, and maintain his or her own information in the Subscriber's Account as well as the health and health-related information of family members.

(d) "User" shall mean an individual whose health or health-related information is stored in a Subscriber's Account and who accesses or uses the Site with the permission and at the discretion of the Subscriber.

1.5 The CrelioHealth Site is for personal and non-commercial access and use only. As a condition of continued use of the Site, Subscribers and Users agree to use the Site solely in accordance with the terms and conditions set forth in this Agreement, as amended from time to time.

2. Right to Use, Site Content, and General Information

2.1 Creliant Software Pvt. Ltd. hereby grants to the Subscriber and Users the right to access, view, and use the Site, subject to the terms and conditions of this Agreement. Creliant Software Pvt. Ltd. reserves the right to add new features to the Site and remove current features without notice. The Subscriber and/or a User may download and/or print a copy of the information stored in their respective Accounts from the Site for personal, non-commercial use only.

2.2 The content on the CrelioHealth Site and in Subscribers' Accounts, including but not limited to text, graphics, images, information obtained from third parties, links, and other material ("Content"), is intended for informational and educational purposes only.

2.3 The Content on the CrelioHealth Site should not be considered medical or health advice. Nothing on the Site is intended to suggest a course of treatment for a particular Subscriber or User. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

2.4 Subscribers and Users should never disregard professional medical advice or delay seeking professional medical treatment because of something on the CrelioHealth Site.

2.5 Information obtained from the CrelioHealth Site is not exhaustive, should not be considered complete, and does not cover all diseases, ailments, physical or mental conditions, or their treatment. The advice of the Subscriber's or User's physician and/or any other qualified healthcare provider should be obtained directly from that physician or provider, as appropriate. ANY QUESTIONS ABOUT ANY MEDICAL CONDITION OR TREATMENT SHOULD BE DIRECTED TO YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER.

2.6 Registration: In order to register, you will provide basic information about yourself, such as your first name, last name, date of birth, mobile number, and email address. During registration, you will provide a mobile number. Your username will be your mobile number and cannot be changed. A password — which you may change at any time — will be automatically generated and sent to your registered mobile number or email address. These credentials are required to access services available to Subscribers only.

2.6.1 CrelioHealth uses your registered information to send you details about services or content you have requested, via text message or email. Your registered information may also be used to provide information about new services that may or may not be relevant to you. Users may unsubscribe at any time by submitting a request to info@livehealth.in.

2.6.2 CrelioHealth provides the option to log in using your Google account. If you choose this option, we will collect your email address from Google solely for the purpose of authenticating your identity and providing you access to our services. This information is used exclusively for login purposes and is not shared with third parties except as required to provide our services. You may revoke our access to your Google account at any time via your Google account settings. You are responsible for maintaining the security of your Google account and for any activity performed using Google SSO.

3. Access to and Use of the Site by Subscribers and Users

3.1 Access to and use of the CrelioHealth Site is available on a pre-paid basis for one (1) year, three (3) years, or five (5) years, depending on the subscription selected.

(a) The Subscription Fee to access and use the CrelioHealth Site and to establish an Account is defined in the Sign Up & Pricing section of the CrelioHealth Site. Subscribers may purchase CrelioHealth Premium Services on a monthly, annual, three-year, or five-year basis, in accordance with Paragraph 3.1(b) (Subscription Period) hereinafter.

(b) In the case of an Annual Subscription, the Subscriber shall be entitled to access and use the CrelioHealth Site for an Initial Term of one (1) year, three (3) years, or five (5) years, as per the plan selected, from the date of registration, provided the Subscriber and any Users of the Subscriber's Account remain in compliance with the terms and conditions of this Agreement.

(c) This Agreement will not be automatically renewed after the selected subscription term expires. However, a grace period of one (1) month will be provided for renewal. This grace period will not be counted as additional time; the renewal term will be calculated from the beginning of the grace period. The term may be renewed for one (1) year, three (3) years, or five (5) years, at the Subscriber's discretion. The Subscriber's Account will retain premium services throughout the grace period, after which premium services will be automatically removed. The Subscriber may renew at any subsequent time to regain access to premium services.

(d) By registering as a Subscriber and/or registering Users within the Subscriber's Account on livehealth.in or creliohealth.com, each Subscriber authorizes Creliant Software Pvt. Ltd. to charge the Subscriber's credit card, debit card, or selected mode of payment for the applicable Subscription Fee within 24 hours of registration. The Subscription Fee will be charged on the first day of the Initial Term.

3.2 Each Subscriber and User may enter or upload, maintain, and store information — including copies of documents, records, images, and information submitted by healthcare providers or other healthcare organizations — to a personal, secure, and unique Account established for the Subscriber. Creliant Software Pvt. Ltd., or a third party acting on its behalf, will electronically store and maintain Subscribers' Accounts on servers at Creliant Software Pvt. Ltd. or at the site of a third party acting on Creliant Software Pvt. Ltd.'s behalf.

3.3 Each Subscriber Account may be configured by the Subscriber to upload, maintain, and store health and health-related information for only one member — the Subscriber themselves.

3.4 Whenever a Subscriber's information is submitted to or entered in the Subscriber's Account, that information will be transmitted using Secure Socket Layer ("SSL") encryption software. However, Creliant Software Pvt. Ltd. cannot and does not guarantee that: (a) the information, during its transmission to a Subscriber's Account, will be protected against loss, misuse, or alteration by third parties; (b) access to Subscribers' Accounts will be uninterrupted; or (c) SSL encryption cannot be breached.

3.5 It is the responsibility of each Subscriber to ensure that no unauthorized person has access to the Subscriber's User ID and Passwords. Each Subscriber is solely responsible for controlling the dissemination and use of their User ID and Passwords, authorizing, monitoring, and controlling access to and use of their Account, and promptly informing Creliant Software Pvt. Ltd. of any need to deactivate or change the Subscriber's User ID and/or Passwords. Creliant Software Pvt. Ltd. cannot and will not assume any responsibility or liability for any information submitted to a Subscriber's Account, or for any information that is used or misused, whether submitted, used, or misused by: (a) the Subscriber; (b) Users on the Subscriber's Account; (c) the Subscriber's designee; (d) healthcare providers; (e) other healthcare organizations; or (f) other third parties, whether or not acting on the Subscriber's behalf.

3.6 The Subscriber hereby grants Creliant Software Pvt. Ltd., its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of Creliant Software Pvt. Ltd. or of the Site, the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the Subscriber's Account to provide the Services and operate the Site, including but not limited to converting documents received on the Subscriber's behalf to an electronic format, printing and delivering personal Emergency Cards and/or Stickers, and maintaining the Subscriber's Account.

3.7 The Subscriber understands, agrees, consents, and authorizes: (a) his or her individually identifiable health information, and that of any Users on the Subscriber's Account, to be stored, entered, and maintained on the CrelioHealth Site in accordance with the terms of this Agreement; (b) the Subscriber, and anyone with the Subscriber's CrelioHealth User ID and Password, to access, view, add, revise, and/or delete information from the Subscriber's Account; and (c) the Subscriber, and anyone with the Subscriber's User ID and Emergency Password, to access and view information stored in the Subscriber's Emergency Folder and in the Subscriber's Folder(s).

3.8 Subscribers to CrelioHealth may upload, submit, or courier personal health information and medical records, X-rays, other personal medical images, and other health-related information by email or facsimile. To the extent permitted by law, any images submitted to Creliant Software Pvt. Ltd. shall become the property of Creliant Software Pvt. Ltd. and will not be returned. Creliant Software Pvt. Ltd. assumes no responsibility for the quality of X-rays or other personal medical images reproduced on the CrelioHealth Site, or for medical decisions based on X-rays, ECGs, or other personal medical images archived on the CrelioHealth Site.

3.9 The party who submits or enters health or health-related information into Subscribers' Accounts is solely responsible for its accuracy and completeness. Each Subscriber is responsible for reviewing information in the Subscriber's Account, as well as any documents produced by Creliant Software Pvt. Ltd. or the CrelioHealth Site — such as Emergency Cards and Stickers — and for notifying Creliant Software Pvt. Ltd., or a third party designated by Creliant Software Pvt. Ltd., of any errors.

You may not use any robot, spider, scraper, or other automated means to access the Site or Services for any purpose without our express written permission, except that you may use Standard for Robot Exclusion (SRE)-compliant robots, provided that when connecting to the Site, such robots immediately visit the robots.txt file prior to downloading or indexing any pages. You understand that the robots.txt file is the only means by which robots are authorized to access the Site. Any violation of these robot access policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information and files, and preclusion of any further access to such files or the Site.

4. Subscribers' and Users' Responsibilities

4.1 Subscribers and Users agree:

(a) To maintain all equipment required for access to and use of the CrelioHealth Site, other than equipment owned or operated by Creliant Software Pvt. Ltd. or its affiliates and vendors;

(b) To maintain the security of User IDs, Passwords, and other confidential information relating to the Subscriber's CrelioHealth Account;

(c) Not to introduce onto the Site or to users of the Site, directly or indirectly, computer viruses, worms, Trojan horses, or other code that manifests or could potentially manifest contaminating or destructive properties;

(d) To be responsible for all charges resulting from the access and use of the Subscriber's Account, including unauthorized access and use;

(e) To notify Creliant Software Pvt. Ltd. as soon as reasonably practicable of any real or suspected unauthorized use of the Subscriber's Account;

(f) To comply with instructions provided by Creliant Software Pvt. Ltd. for using, maintaining, or correcting the Subscriber's Account; and

(g) To comply with the Creliant Software Pvt. Ltd. Privacy Policy.

4.2 Each Subscriber and User is responsible for the communications submitted to or entered into the Subscriber's Account and their access and use of the CrelioHealth Site. A Subscriber, User, and/or a Subscriber's designee may not, under any circumstances, do any of the following:

(a) Transmit any information that is libelous or defamatory;

(b) Transmit any message, data, image, or program that is indecent, obscene, or pornographic;

(c) Transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted materials, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing manner;

(d) Use the CrelioHealth Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights — including rights of privacy and publicity — of others;

(e) Intercept or attempt to intercept the transmission of files or other private communications not intended for the Subscriber;

(f) Use the CrelioHealth Site to advertise or offer, on an unsolicited basis, to sell goods or services to other Subscribers or Users, or use the Site to distribute unsolicited messages to one or more individuals;

(g) Upload or download files containing software or other material protected by intellectual property laws, privacy laws, publicity laws, or any other applicable law, unless personally owned or controlled, or unless the necessary consent(s) to use, access, and/or communicate such files has been obtained;

(h) Upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data, or other code that manifests or potentially could manifest contaminating or destructive properties;

(i) Use the CrelioHealth Site in such a manner as to adversely affect the availability of its resources to others;

(j) Falsely or fraudulently purport to be an employee or agent of Creliant Software Pvt. Ltd.;

(k) Cause disruptive incidents;

(l) Fail to comply with applicable laws and regulations while using or accessing the CrelioHealth Site; or

(m) Post or transmit any message or information that is harmful, threatening, abusive, or hateful. Creliant Software Pvt. Ltd. reserves the right to take such action as it deems appropriate in cases where the CrelioHealth Site is used to disseminate statements that are deeply and widely offensive and/or harmful.

4.3 Each time a Subscriber or User uploads or posts information, data, a document, or a file to the CrelioHealth Site, the Subscriber or User, as applicable, represents and warrants that he or she owns or otherwise controls the rights to such content, or that he or she has obtained the necessary consents to upload or post it.

4.4 You represent and warrant that you are at least 18 years of age and that you possess the legal right to enter into this Agreement and to use the CrelioHealth Site in accordance with this Agreement.

4.5 As a Subscriber, you agree to be financially responsible for the use of the CrelioHealth Site and for the use of your Account by others, including minors for whom you have responsibility and/or who are living with you, and for other immediate family members living with you.

4.6 You further understand and agree to comply with the responsibilities and obligations set forth in this Agreement. Failing to comply with any of the foregoing limitations or obligations may result in civil or criminal liability.

5. Term; Termination

5.1 The Effective Date of this Agreement shall be the date on which the Subscriber registers with the CrelioHealth Site.

5.2 Subject to payment of applicable fees, a Subscriber and the Users included in the Subscriber's Account, if any, shall be entitled to access and use the CrelioHealth Site for a term of one (1) year, three (3) years, or five (5) years, as per the plan subscribed, commencing on the Effective Date, as adjusted for any free trial period ("Subscription Term").

5.3 Either party may terminate the Subscriber's right to use the Site and/or his or her Account at any time, with or without cause, by giving written notice to the other party no later than thirty (30) days prior to the end of the Initial or any Renewal Term.

5.4 Notwithstanding anything to the contrary in this Agreement, Creliant Software Pvt. Ltd. shall have the right to immediately terminate this Agreement or suspend a Subscriber's Account if Creliant Software Pvt. Ltd. determines, in its sole discretion, that a Subscriber or a User of the Subscriber's Account has violated a material provision of this Agreement, including failure to make timely payment for the right to access and use the Site. Creliant Software Pvt. Ltd. shall confirm such termination or suspension by subsequent written notice.

5.5 The termination of this Agreement shall not affect any provision which, by its wording or nature, is intended to remain effective upon termination, and shall not prejudice or affect the rights of any party in respect of any breach of the terms and conditions of this Agreement. The provisions of Sections 8 (Copyright), 10 (Indemnification), 11 (Waiver, Release and Limitation of Liability), and 12 (Miscellaneous) shall survive termination of this Agreement.

5.6 Upon termination, Creliant Software Pvt. Ltd. will retain data in a Subscriber's Account pursuant to Creliant Software Pvt. Ltd.'s standard data retention policy, but in no case for less than thirty (30) days, after which Subscriber Account data will be permanently destroyed.

6. Privacy Policy

Creliant Software Pvt. Ltd. considers the privacy of its Subscribers and Users to be of the utmost importance. Please refer to the Creliant Software Pvt. Ltd. Privacy Policy for a detailed description of the information gathering and dissemination practices for the CrelioHealth Site.

7. Creliant Software Pvt. Ltd. and Site Operations

7.1 Creliant Software Pvt. Ltd. has complete and sole discretion over the operation of the CrelioHealth Site. Creliant Software Pvt. Ltd. may, among other things: (a) delete images and/or personal health records in the event a Subscriber fails to maintain a current payment status; (b) subject to its Privacy Policy, make available to third parties information relating to Creliant Software Pvt. Ltd., as well as aggregate, de-identified information about Subscribers and Users; and (c) withdraw, suspend, or discontinue any functionality or feature of the CrelioHealth Site without prior notice.

7.2 Creliant Software Pvt. Ltd. shall maintain technological systems, policies, and procedures to guard against unauthorized access to information that is transmitted electronically, including through encryption and/or appropriate technical security mechanisms.

7.3 Creliant Software Pvt. Ltd. shall not use, disclose, or process the information submitted for inclusion in a Subscriber's Account except to the extent necessary for the proper management and administration of the information, or in order to carry out the legal responsibilities of Creliant Software Pvt. Ltd.

7.4 Subscribers and Users are encouraged to exercise discretion while browsing the Internet via links initiated from the CrelioHealth Site. Subscribers and Users understand that the CrelioHealth Site may link unintentionally to sites containing information that some people may find inappropriate or offensive. Such links may also lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel, or defamation laws.

7.5 Creliant Software Pvt. Ltd. makes no representations concerning any effort to review the content of sites to which links are provided on the CrelioHealth Site. Creliant Software Pvt. Ltd. does not operate, control, or endorse any information, products, or services provided by third parties through the Internet.

7.6 The inclusion of any link on the CrelioHealth Site does not imply an endorsement by Creliant Software Pvt. Ltd. of any information, products, or services offered by the linked website. Such links are provided solely for Subscribers' and Users' reference and convenience.

7.7 Clicking on a link on the CrelioHealth Site that directs the Subscriber or User to an off-Site page or another website is at the Subscriber's or User's own risk and is subject to the terms and conditions of use of such sites.

7.8 Creliant Software Pvt. Ltd. cannot and will not review communications and materials posted or uploaded to the CrelioHealth Site for accuracy or completeness, and is not responsible for the content of such communications and materials.

7.9 Creliant Software Pvt. Ltd. reserves the right to remove or block communications or materials that it determines, in its sole discretion, to: (a) be abusive, libelous, defamatory, or obscene; (b) be fraudulent, deceptive, or misleading; (c) violate a copyright, trademark, or other intellectual property right of another; (d) contain or have attached a program, virus, worm, or other device or code that could pose a security risk to Creliant Software Pvt. Ltd. or the CrelioHealth Site; or (e) be offensive or otherwise unacceptable to Creliant Software Pvt. Ltd.

8. Copyright

8.1 All content on the CrelioHealth Site, including but not limited to graphs, graphics, photographs, text, sounds, data, and audio and video clips, is the exclusive property of Creliant Software Pvt. Ltd., its licensors, or its content suppliers, and is protected by Indian copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all content available on the Site is the exclusive property of Creliant Software Pvt. Ltd. and is protected by Indian copyright laws.

8.2 All information shall be deemed the exclusive property of the Disclosing Party prior to its uploading or entry into an individual Subscriber's Account.

8.3 Except as provided in Section 3.8 herein, or as otherwise expressly agreed to in writing, disclosure of any information to the CrelioHealth Site shall not transfer legal title to Creliant Software Pvt. Ltd.

8.4 Creliant Software Pvt. Ltd. shall be entitled to non-exclusive possession of the information submitted to or entered into a Subscriber's Account, subject to the terms of this Agreement. This right of possession shall be automatically terminated upon the termination of this Agreement, unless: (a) otherwise agreed to in writing; or (b) return or destruction of the information is not feasible, in which event the right of possession shall be limited to the purpose(s) for which return or destruction is not feasible.

8.5 Information on the CrelioHealth Site may be displayed, reformatted, and/or printed for the Subscriber's or User's personal, non-commercial use only. Information on the CrelioHealth Site may not be reproduced, retransmitted, distributed, disseminated, sold, published, broadcast, or circulated to or for anyone. Any copy made of information obtained through the CrelioHealth Site must include the applicable copyright notice.

8.6 The CrelioHealth Site and any additional sites owned or controlled by Creliant Software Pvt. Ltd. are trademarks of Creliant Software Pvt. Ltd. and are protected by applicable laws. Any unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could result in both civil and criminal penalties.

9. Disclaimer; No Warranties

9.1 THE CRELIOHEALTH SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, USEFULNESS, ADEQUACY, OR SUITABILITY OF THE CONTENT.

9.2 CRELIANT SOFTWARE PVT. LTD. CANNOT AND WILL NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS, OR LOSSES, INCLUDING LOSS OF DATA OR INABILITY TO ACCESS DATA. FURTHER, CRELIANT SOFTWARE PVT. LTD. CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICES PERFORMED ON THE CRELIOHEALTH SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CRELIOHEALTH SITE WILL BE CORRECTED.

9.3 CRELIANT SOFTWARE PVT. LTD. CANNOT AND WILL NOT GUARANTEE THAT ANY OR ALL OF YOUR HEALTHCARE PROVIDERS WILL TRANSMIT ALL OR ANY PORTION OF YOUR MEDICAL RECORDS OR OTHER HEALTH INFORMATION. YOU SHOULD NOT RELY EXCLUSIVELY ON THE CRELIOHEALTH CONTENT TO ACCURATELY AND COMPLETELY DESCRIBE YOUR PAST, PRESENT, OR FUTURE PHYSICAL OR MENTAL HEALTH OR CONDITION, OR THE PROVISION OF HEALTHCARE TO YOU.

9.4 CRELIANT SOFTWARE PVT. LTD. WILL NOT INDEPENDENTLY VERIFY THE TRUTH AND ACCURACY OF INFORMATION SUPPLIED BY YOUR HEALTHCARE PROVIDERS OR ENTERED BY YOU. INFORMATION SUBMITTED BY YOUR HEALTHCARE PROVIDERS OR ENTERED BY YOU OR YOUR DESIGNEE WILL BE CONSIDERED BY CRELIANT SOFTWARE PVT. LTD. AS ACCURATE AND COMPLETE. YOU AND YOUR HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND CORRECTING ANY AND ALL ERRORS IN INFORMATION STORED BY CRELIANT SOFTWARE PVT. LTD. ON YOUR BEHALF.

9.5 SUBSCRIBERS AND USERS OF THE CRELIOHEALTH SITE ARE SOLELY RESPONSIBLE FOR: (A) IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND CHECKPOINTS TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT; AND (B) MAINTAINING A MEANS EXTERNAL TO CRELIANT SOFTWARE PVT. LTD. FOR THE RECONSTRUCTION OF ANY LOST DATA.

9.6 YOU UNDERSTAND AND AGREE THAT INFORMATION COMMUNICATED TO OR OTHERWISE ENTERED IN THE CRELIOHEALTH SITE WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE, AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY LOCAL EXCHANGE AND LONG-DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL OF CRELIANT SOFTWARE PVT. LTD. CRELIANT SOFTWARE PVT. LTD. CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR OR RELATED TO THE DELAY, FAILURE, INTERRUPTION, INTERCEPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION COMMUNICATED TO OR ENTERED IN THE CRELIOHEALTH SITE.

9.7 CRELIANT SOFTWARE PVT. LTD. CANNOT AND WILL NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

9.8 CRELIANT SOFTWARE PVT. LTD. CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR ANY CONTENT ON THE SITE. RELIANCE ON ANY INFORMATION PRESENTED ON THE SITE IS AT THE USER'S OWN RISK. CRELIANT SOFTWARE PVT. LTD. RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE FROM TIME TO TIME WITHOUT NOTICE.

9.9 INFORMATION ENTERED BY A SUBSCRIBER OR USER, OR PROVIDED BY HIS OR HER HEALTHCARE PROVIDERS AND ORGANIZATIONS, WILL BE USED BY CRELIANT SOFTWARE PVT. LTD. ONLY FOR THE FOLLOWING PURPOSES:

(a) PROVIDING SUBSCRIBERS AND USERS THE ABILITY TO ACCESS AND USE THE CRELIOHEALTH SITE VIA A VALID SUBSCRIBER ID AND PASSWORDS;

(b) PROVIDING EMERGENCY ACCESS AND USE OF A SUBSCRIBER'S ACCOUNT TO HEALTHCARE PROVIDERS WHO ACCESS THE CRELIOHEALTH SITE USING A VALID EMERGENCY LOGIN PASSWORD; AND

(c) AS NECESSARY FOR THE PROPER MANAGEMENT AND ADMINISTRATION OF CRELIANT SOFTWARE PVT. LTD., OR IN ORDER TO CARRY OUT ITS LEGAL RESPONSIBILITIES.

9.10 CRELIANT SOFTWARE PVT. LTD. CANNOT AND WILL NOT BE LIABLE FOR THE AUTHORIZED OR UNAUTHORIZED USE, MISUSE, AND/OR DISCLOSURE OF INFORMATION THAT IS STORED AND/OR MAINTAINED IN A SUBSCRIBER'S ACCOUNT, INCLUDING INFORMATION CONTAINED WITHIN THE EMERGENCY FOLDER AND/OR ANY SECONDARY FOLDERS.

10. Indemnification

You agree to indemnify, defend, protect, release, and hold harmless Creliant Software Pvt. Ltd., its officers, directors, employees, agents, affiliates, Information Providers, and Suppliers, and their respective officers, directors, agents, and employees, from and against any and all losses, expenses, damages to persons or property, injuries, deaths, liabilities, claims, liens, demands, and causes of action — including claims of infringement of copyright, trademark, or other intellectual property rights — and including the amounts of judgments, penalties, interest, court costs, and legal fees, including reasonable attorney's fees, incurred in defense of same ("Claims") in favor of any person, corporation, or other entity in connection with this Agreement or any activity related to your Account or your use of the CrelioHealth Site. You understand and agree that such indemnity shall apply regardless of whether the Claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory, or gross negligence of Creliant Software Pvt. Ltd., its affiliates, and their respective officers, directors, agents, and employees, or by you or any other person accessing and/or using the Site and/or your Account.

11. Waiver, Release and Limitation of Liability

11.1 You agree that neither Creliant Software Pvt. Ltd. nor its officers, directors, employees, and agents, nor its affiliates, Information Providers, or Suppliers and their respective officers, directors, employees, and agents shall have any liability to you under any theory of liability or indemnity in connection with, arising out of, or in any way incident to this Agreement or any activity related to your Account or your access or use of the CrelioHealth Site. You hereby release and forever waive any and all claims you may have against Creliant Software Pvt. Ltd., its officers, directors, employees, and agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents for losses or damages you sustain in connection with your use of the CrelioHealth Site.

11.2 Notwithstanding the foregoing, the total collective liability of Creliant Software Pvt. Ltd., its officers, directors, employees, and agents, and its affiliates, Information Providers, and Suppliers and their respective officers, directors, employees, and agents, if any, for losses or damages shall not exceed the fees paid during one (1) calendar year by the Subscriber for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential, or punitive — including but not limited to lost profits or damages resulting from lost data or business interruption — arising from any use of or inability to use any Content or other parts of the CrelioHealth Site are hereby excluded, even if Creliant Software Pvt. Ltd., its officers, directors, employees, and agents, and its affiliates, Information Providers, and Suppliers have been advised of the possibility of such damages.

12. Miscellaneous

12.1 Applicable Law. This Agreement is governed by and shall be construed in accordance with the laws of Vadodara, Gujarat, without regard to that jurisdiction's conflict of law principles.

12.2 Third-Party Rights. The provisions of Sections 10 (Indemnification) and 11 (Waiver, Release and Limitation of Liability) are for the benefit of Creliant Software Pvt. Ltd. and its officers, directors, employees, and agents, and its affiliates, Information Providers, Suppliers, and their respective officers, directors, employees, and agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.

12.3 Non-Waiver. Creliant Software Pvt. Ltd.'s failure to insist upon or enforce strict performance of any provision of this Agreement or to exercise any right herein shall not be construed as a waiver of any provision or relinquishment of Creliant Software Pvt. Ltd.'s right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

12.4 Assignment. Creliant Software Pvt. Ltd. may assign its rights and obligations under this Agreement to any party at any time without notice. Upon such assignment, Creliant Software Pvt. Ltd. shall be relieved of any further obligations hereunder.

12.5 Notices. Any notice required or permitted under this Agreement shall be in writing and shall be sent by post, fax, courier, or as an electronic record attached to an email, or to the Subscriber's Site message box. All notices shall be effective upon receipt by the party at the following addresses:

12.6 Severability. The provisions of this Agreement are severable. In the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. Such invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable, preserving to the fullest extent permissible the intent of the parties as set forth herein.

12.7 Amendments. Creliant Software Pvt. Ltd. reserves the right to amend this Agreement from time to time without notice. Such amendments shall be effective immediately upon posting. A Subscriber's or User's continued access to or use of the CrelioHealth Site shall be deemed conclusive acceptance of any and all amendments and the most current version of this Agreement.

12.8 Force Majeure. Neither party will be liable for any performance failure or delay due to any cause beyond that party's reasonable control.

12.9 Entire Agreement. This Agreement, as amended from time to time, constitutes the entire agreement and understanding between the parties with respect to the services, responsibilities, and obligations specified herein, and supersedes all prior oral or written agreements and understandings between the parties with respect to such services, responsibilities, and obligations.

13. Cancellation and Refund Policy

No refund will be issued after seven (7) days from the date of payment. However, if a written refund request is received by the company within seven (7) days of payment and the Subscriber has not availed any of the purchased services, the entire amount paid will be credited back to the original payment account.

The refund, once approved, shall be processed within fifteen (15) business days from the date of cancellation, subject to all terms and conditions being met.