MEMBERSHIP AGREEMENT

PROLOGUE

Users and terms of this Online Homeopathic Network are as follows:

1. Homeopathic Doctor: - This is case taking doctor who will take case of patient face to face in his/her clinic and submit it for consultation, if he/she need it.
2. Homeopathic Consultant: - This is homeopathic consultant who will provide his consultation / suggestions on treatment to case taking doctor.
3. Patient: - This is a patient who will be take treatment from case taking doctor and should give consent for taking online homeopathic treatment.
4. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd.: - This is a company which will just provide service to consultants and doctors for better homeopathic treatment and communication between case taking doctor and consultant. It is the Whole and sole responsibility of that doctor to treat the patient on his own. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. will not be responsible for treatment suggested by consultant.
5. Online Homeopathic Consulting Services: - Please note that hence forward in this document and in terms conditions the term Services means TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. Online Homeopathic Consulting Technical Support Services.
6. www.tekhealthclinic.com :- This is a website / web portal through which TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. will provide Services to homeopathic doctors and consultants to manage their patients online and provide services for storing and maintaining their records.
7. TekHealth Clinic: - This is a online case taking clinic which will provide cases to consultant or which will demand services of reknowned homeopathic consultants who opt for these Servces through www.tekhealthclinic.com website.

Please read carefully the ‘Use Terms and Conditions Policy’, before using the www.tekhealthclinic.com website. This website and service allows homeopathic doctors to create their patient’s health records which will be available to them anytime anywhere, via the Internet. This website is just a service, we TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. is providing for doctors, consultants, patients for online homeopathic treatment. We are providing this online service to homeopathic doctors from distant rural and semi-urban areas who are unable to get leading homeopathic consultants advice, suggestions and treatment. The Privacy Statement covers the salient policies that are enforced in the TEKHEALTHCLINIC website and you should read the ‘Use Terms and Conditions Policy’ and agree to the same in order to use the TEKHEALTHCLINIC website.

If you have immediate health issues, please call your physician directly or in the event of a medical emergency, call your doctor/emergency helpline immediately.

OUR PHILOSOPHY AND SCOPE OF THE PRIVACY POLICY

We make every reasonable effort to ensure that information held by us is confidential and secure and these security practices are reviewed regularly and many of our business decisions, including webdesign, technology selections, and third-party business relationships are governed by consideration for your privacy.

This Policy applies to management of the TekHealth Clinic database and the value added applications that access the information to provide you the healthcare services that you need. Before using the TekHealth Clinic website, please read and indicate that you agree with the Terms of Use herein. If you have any questions or comments regarding this Privacy Statement, please submit them via e-mail to TekHealthAnalytics@gmail.com

WHEREAS;

(a.) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. is engaged in the business of providing quality end to end health care solutions through its widespread network of healthcare professionals and providers so as to deliver effective healthcare to the public at large vide its ‘TekHealth Clinic (THC)’ service, an online case

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taking service and health screening facility giving convenient access to individuals and/ or the employees of various organizations to evaluate their health. The medical reports of the members of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. will be securely stored in the TekHealth Clinic managed by TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd.

 (b.) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. has agreed to enroll you as a member of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. and you have consented to the same subject to the ‘Use Terms and Conditions Policy’ herein.

(c.) The terms TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. and you (member) are hereinafter jointly referred to as the ‘PARTIES’.

USE TERMS AND CONDITIONS POLICY

1) TENURE:

a) This Membership shall commence on the date generated by the software used for the TEKHEALTHCLINIC website and this Membership shall be valid for a period of 1 (one) year from the date of filling in the online Membership Form and thereby accepting to the terms and conditions mentioned on the TEKHEALTHCLINIC website. This Membership shall not be deemed to have extended for any further period without a new membership agreement executed by the mutual consent of both the PARTIES. This membership is renewable at the option of both the PARTIES, subject to the member executing a new membership agreement and TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. accepting the said renewal agreement.

b) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. has the absolute right and discretion to enroll/introduce or withdraw services to you (MEMBER), without being liable to give any reasons for such enrollment or withdrawal of its services availed by you (MEMBER) vide this Membership Agreement.

2) PROCESSING COSTS/ FEES:

The MEMBER is liable to pay a Processing Fee amounting to Rs. ____/- (Rupees _______________

only) so as to enable TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. to provide its healthcare and health awareness services mentioned herein to the MEMBER.

3) GENERAL TERMS:

a) You understand that services provided from time to time by TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. on this website are provided for your convenience.

i) These services are not medical advice;(These are just suggestions provided by homeopathic consultant to treat the case but it’s not binding on homeopathic doctor who is taking actual case of patient and seeing the patient face to face.)

ii) These services are not intended to be the provision or practice of medical, nursing or professional health care advice or services in any jurisdiction.

b) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. attempts to be as accurate as possible. However, the information available on the website is presented in summary form and is provided for informational purposes and is not intended in any way to be a substitute for professional medical examination or assessment of a patient's condition. We recommend that you consult your physician in conjunction with creating your health records.

c) Unless expressly provided otherwise by TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd., all comments, feedback, information or materials submitted by you to TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. through or in association with the website shall be considered non-confidential and TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. property. By submitting such comments,feedback, information or materials to TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd., you agree, at no cost or fee, to assign to TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd.

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of all worldwide rights, title and interest in copyrights and other intellectual property rights to such comments, feedback, information or materials.

d) You grant TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. and all other persons or entities involved in the operation of the website, all the right, title and interest to transmit, monitor, retrieve, store and use your information in connection with the operation of your records. You agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data and for maintaining records as external means to the website for the reconstruction of lost data.

e)

4) INFORMATION USE AND SHARING:

a) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. collects personal information to identify and register you as a member of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd.. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. also collects your personal health information in order to provide you and enable you to avail the appropriate TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. healthcare services.

b) The TekHealth Clinic managed by TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd., apart from just being a online homeopathic consulting service, extends to be a web-based health data bank that creates a Personalized Health Record (PHR) and allows you to track your health at anytime from anywhere, thereby being your personalized health awareness tool. The PHR shall not be used by any Doctor/Physician as a conclusive diagnosis of any ailment but instead, the advice in your PHR shall be first consulted with your doctor/medical-consultant/physician before  adopting/accepting/implementing the advice comprised in the PHR.

c) It is your responsibility to ensure that all the information that is present in your PHR is accurate and updated.

d) You control access to your TekHealth Clinic account and you decide as to which service provider is permitted to view your PHR and for what period of time. Details concerning your personal health information are disclosed only to those services providers and/ or health care

professionals and/or caretakers whom you have chosen to grant access to your account.

e) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. will not normally release your details to any third party except in an emergency, when the details will be shared with whoever you have designated as your emergency contact in your PHR. The only other case where TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. will release your details and/ or health records is where it is required to comply with legal or law enforcement requests or with your due written consent.

5) DATA MINING AND USE:

a) Information submitted to TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. via our on-line forms or e-mail is used to provide you with a response or service you have requested. This information may also be used to identify you as a particular user; tracking and measuring website usage and user preferences, interests, demographics, traffic patterns and to determine audience size and repeat usage. This information may also be used to manage and customize the TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. website contents, layouts and services.

b) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. may also use all your medical data including but not limited to general demographic data such as age, sex, country/area of residence, etc. for advertising, promotional, research purposes. No personally identifiable information would be used during these promotions.

c) This website is just a service, we TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. is providing for doctors , consultants ,

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 patients for online homeopathic treatment.TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. take no responsibility whatsoever of the consequences experienced by the patients who may use the information provided on this website.

d) The information provided on this site is designed to support, not replace, the relationship that exists between a patient / website visitor and his / her existing physician or doctor. Information and opinions expressed on this website are those of experts on the basis of their education and experiences.

e) The information provided should be examined in the light of individual case evaluation by local case taking doctors. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. take no responsibility whatsoever of the consequences experienced by the patients who may use the information provided on this website.

f) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. assure you of the best possible efforts for those who apply for online treatment. However, please note that we do not claim to cure each and every case, nor do we guarantee any magical cure.

g) The homeopathic medicines are essentially free from side-effects. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. take no responsibility for any presumed complications.

h) It is understood that the user has read and agreed to this disclaimer, when one uses the literature on this site and the online treatment option.

i) Doctor who is taking case at his clinic i.e. face to face with patient will be responsible for treatment

provided to the patient.TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. take no responsibility whatsoever of the

consequences experienced by the patients after treatment.

j) Doctor should take consent of each patient before registering patient for online homeopathic consulting treatment.

k) Every user using this website should keep in mind that, TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. is just providing

service to consultants and doctors for better homeopathic treatment. It is the Whole and sole

responsibility of that doctor to treat the patient on his own. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. will not be

responsible for treatment suggested by consultant.

l) Treatment suggested by Homeopathic consultant is not binding on case taking doctor. Case taking

doctor should decide final line of treatment for his patient.

m) Consultant will just suggest line of treatment, ultimately case taking doctor should decide what

medicine should be given and what medicine should not be given to patient. It's case taking doctors complete responsibility.

6) LIMITATION OF LIABILITY:

a) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. does not make any express or implied warranties, representations or endorsements whatsoever including, without limitation, warranties of title with regards to the

website, or any merchandise, information or service available through the website.

b) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. does not warrant the accuracy, completeness or correctness, timeliness or usefulness of any opinions, advice, services, merchandise or other information provided

through the website or on the internet generally.

c) Any consultation and/or any medical services provided by the doctors/physicians/consultants/medical service providers comprised in the TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. network of service providers shall be availed by you entirely at your risk and responsibility and TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. shall not under any circumstances be held liable for any cost and consequences arising out of such services/consultation provided by such service providers.

7) INDEMNIFICATION:

a) You agree to defend, indemnify and hold TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd., as well as its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or

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demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these terms and conditions of use.

b) In no event shall TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. be liable for any damages including without limitation, incidental and consequential damages, personal injury or wrongful death, lost profits or damages resulting from lost data or business interruption, arising out of or in connection with the website or the contents herein or in reliance on the information available on the website, whether based on warranty, contract, tort or any other legal theory, and whether or not TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. is advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the website is to stop using the website.

8) PRIVACY AND DATA SECURITY:

a) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. has taken all reasonable steps to provide secure transmission of your information from your computer to our servers. We use SSL 128 bit encryption when transmitting any data.All data submitted to our web server through both the members' and providers' areas, is stored in an encrypted format. Encryption provides a secure means to protect your information as it passes over the Web to our servers.

b) The facilities that house our servers, network devices, backup storage media and other equipment and information are physically secured and attended.

c) Access is strictly limited to only those individuals who require it for legitimate business

purposes (example: for system troubleshooting and maintenance).

9) AGREED GUIDELINES:

a) Respect the privacy and views of others;

b) Do not use TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. to promote any specific goods or services unless authorized by TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd.;

c) Do not use TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. for unlawful purposes;

d) Do not post obscene, defamatory, harmful, or knowingly false information;

10) ONLINE COMMUNICATION:

a) You would typically receive a confirmation e-mail on registering and generally renewal reminders.

b) We may also occasionally collect information by using online surveys and promotions. You will not be compulsorily required to participate in these surveys and you may opt-out from even

receiving requests to enter such surveys.

c) We will also offer a channel for marketing communication from providers and other healthcare entities.

d) You can send an email to us in case of erroneous data in your Personalized Health Record. We will redirect the same to the generator of information to enable correction.

11) TERMINATION:

This Agreement shall be terminated under any one of the following conditions

a) By efflux of time; or

b) Notwithstanding anything contained herein, if;

i) we believe that you have violated the letter or spirit of this Membership Agreement; or

ii) we believe you have violated the rights of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. or any third party; or

iii) for any reason with or without notice to you without being liable to pay any penalty.

12) DISPUTE RESOLUTION:

TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. and the member hereto agree and admit that any dispute arising between TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. and the member shall be referred to a sole Arbitrator, under the following terms and conditions;

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a) The sole Arbitrator shall be appointed by the directors of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. only.

b) The sole Arbitrator shall have the powers to decide each and every matter arising out of this

Membership Agreement and/ or in respect of any other dispute arising between TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. and the member, which is not specifically stated herein.

c) The sole Arbitrator shall have the power to decide all issues relating to damages, compensations, notice pay, loss of profits, etc. and any other claims by either parties along with interest pendent-lite and interest on the award and also including all restraining orders, etc. except those which are specifically barred from the jurisdiction of the Arbitrator under the laws in force.

d) The venue of Arbitration shall be at any one of the offices of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. in Pune only. The Parties agree that such fixation of venue shall save cost of Arbitration for both the Parties and shall not in any manner prejudice the member. Provided however that, once an office of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. is fixed for Arbitration, neither party shall be entitled to demand a change in the venue/ office, except in case of unavoidable circumstances such as change in address of

TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd..

e) The Arbitration proceedings shall be conducted on a weekly basis. i.e. there shall be at least one hearing in each week, except in case of any act of God which makes it impossible. The PARTIES undertake to extend all co-operation to the Arbitrator and to follow the Schedule of dates as may be fixed by the Arbitrator.

f) The Arbitrator shall be free to follow the procedures at his/ her sole discretion, which in his/ her opinion suffices to decide the issues raised by the Parties.

g) The cost of the Arbitration, along with the Arbitrator’s fee shall be borne by the party against whom the award is passed, except in a case where any adverse order is passed against both the parties, the Arbitrator shall, at its sole discretion, decide as to which party shall pay the costs.

h) In respect of all matters or procedures not specifically prescribed in this Arbitration agreement, the Arbitration and Conciliation Act, 1996 shall apply.

13) MISCELLANEOUS TERMS:

a)TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. controls the website from its offices in Pune, India. The member agrees that any legal action, proceeding or other matters relating to the members access to or use of the website shall be governed by Indian law. In the event of any legal action arising hereunder, the member also agrees to submit to the exclusive jurisdiction and venue of courts in Pune only.

b) Nothing contained herein shall be deemed or construed by the PARTIES nor by any third party as creating a relationship of a partnership or a joint venture or an owner and an agent, it being

understood and agreed that neither any provision contained herein, nor any act of the PARTIES hereto, shall be deemed to create any relationship between the PARTIES hereto, other than the

relationship of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. and member with respect to availing services offered by TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd..

c) The member agrees that he/she shall not be entitled to claim or demand any change in the ‘Use Terms and Conditions Policy’ mentioned herein and that this agreement constitutes the

entire understanding between the parties hereto and shall only be altered/modified by TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. without serving any prior notice and/ or intimation to the member herein.

d) The PARTIES hereto agree that if at any time, any of the terms, conditions and/or provisions herein are declared to be invalid or unenforceable to any extent under the applicable laws or under directions or orders of any judicial/other competent authority, the validity or enforceability of the remaining terms, conditions and provisions of this Agreement shall not be impaired and this Agreement shall continue to be valid to the fullest extent permitted by law, construed as if it had been executed without such invalid/unenforceable terms, conditions/provisions.

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e) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. does not preview what people say on community forums and blogs, but, if TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. finds that the member is using the forums in ways that do not support TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. original purpose, TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. will prevent the member from entering the community forums. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. has the right to decide whether any particular use of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. by its visitors/members undermines the purpose of TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd.. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. regards the items listed herein as the guidelines of member behavior while using TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. website and services.

f) While TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. philosophy will not change, the details of this policy may change over a period of time as TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. may add additional services and form relationships with new business partners. In case TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. makes changes to the Privacy Statement TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. shall keep the member up to date with regards to the revised Privacy Statement.

g) The member hereto admits and agrees that he/ she has understood this Agreement.

14) LEGAL DISCLAIMER:

a) Unfortunately, no data protection method or a combination of different data protection methods can guarantee 100 % (percent) security. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. takes all reasonable steps to protect the members personal information as described throughout this Membership Agreement, butTekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. does not assure or warrant our ability to do so. As a result, the member uses TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. contents, products, and services at your own risk. TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. will not be liable for disclosures of the members personal information due to errors in transmission or unauthorized acts of third parties.

b) TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. cannot guarantee that the website will be available at all times. This website is a beta version and TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. does not take responsibility for any damage or loss caused to the members, until release of the final version of the website. This website contains hyperlinks to other web sites controlled by parties other than TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. TekHealth Analytics Intelligence Services (OPC) Pvt. Ltd. is not responsible for and does not endorse the contents or use of such web sites.

c) The member shall not use the TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. website as the members’ only source for reminders or details about the members’ health. The member understands that TekHealth Analytics & Intelligence Services (OPC) Pvt. Ltd. cannot and does not guarantee or warrant that this website and its contents, and any records created by the member, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or that it will be available to the member at any time.

I agree to the above terms and conditions.