Terms & Conditions

Introduction

Welcome to Leptyn’s digital platform, mobile application or website (the “Application”). The Application is operated by Cratos Healthtech Private Limited, having its registered office at No 1, Periyar Salai, D203, 2nd Floor, Perungudi, Chennai – 600096, Tamil Nadu, India.

The terms ‘You’ or ‘Your’ refer to you as the user and the terms ‘Leptyn’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to Leptyn. In the event the Application is being used by a person on your behalf, the expression “You” or “Your” shall apply to such third party as well.

In this document, “Leptyn” includes its affiliate and associate companies, directors, officers, employees, or healthcare professionals. Any person accessing the website and/or availing services offered by Leptyn through the application is referred to as “the User.” These terms and conditions govern your use of the Leptyn website. By using this website, you fully accept and agree to abide by these terms and conditions.

Kindly review the terms of use for the application carefully. These terms, along with the Leptyn Privacy Policy (subject to periodic amendments), accessible at Privacy Policy, additional service-specific terms, and other applicable policies for specific sections of this application, collectively constitute the conditions for your access and usage of the application. By clicking the ‘I Accept’ button or accessing/using this application, you acknowledge your agreement to abide by these terms of use, the Privacy Policy, and any other relevant policies. If you do not agree to these terms, kindly refrain from accessing or using the application.

The Application

Leptyn is the author and publisher of the Application, and all variants, editions, add-ons, and ancillary products or services of the Application (including all files and images contained in or generated by the software, and accompanying data, together). The Application may be used by users to avail services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/health coach/consultant information, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, product purchase, inventory, accounting details and other relevant information.

Content on the Application

Leptyn provides online resources designed to offer information and services related to weight care management, including personalized consultations, nutritional guidance, and product recommendations. While we strive to provide accurate and up-to-date information, Leptyn acknowledges that information on the website may require periodic updates and corrections. The content and advice on the application are not a substitute for professional, in-person medical advice, diagnosis, or treatment. The content includes data and information that Leptyn, either directly or through its contractors, has generated or obtained for the Application. It encompasses content generated or provided by HSP (Health Service Providers) or data and information generated or supplied by users on the Application.

Services Offered

Leptyn offers a range of health care and related services through its Application, catering to the needs of users. Depending on your registration status and within the parameters set by the Agreement or by Leptyn, you can access the following services through the Application, either provided directly by Leptyn or through third-party independent contractors:

• Online Coaching/Consultations: Access professional consultations and coaching services online.
• Built-in App Features: Utilize built-in features for reminders, secure storage, and display of your medical records, including outpatient records, discharge summaries, prescriptions, lab investigations, and radiology reports.
• Prescription Services: Receive prescriptions for specific medications as recommended by qualified doctors.
• Weight Care Devices: Avail physical devices or instruments as part of a care kit, recommended by Leptyn for the successful delivery of its services.
• Food Delivery: Get ready to cook, ready to eat food items delivered either by Leptyn or through third party providers.
• Nutraceuticals Delivery: Get nutraceutical items delivered either by Leptyn or through third party providers.
• Health Consultation Services: 
• Users opting for Health Consultation Services, which include diet programs, fitness coaching, educational modules, online consultations, and screening tests, must be at least 18 years old and of sound mind.
• Do not use Health Consultation Services if you are below 18 or above 65 years old or if you have any disqualifying factors as identified in the eligibility form.
• Leptyn is not responsible for any harm or loss if you choose to access Health Consultation Services without meeting the pre-conditions.
• Users opting for Health Consultation Services may need to undergo an initial medical examination to record medical history, medication history, and current medical status before video consultations can be provided.
• Health Consultation Services may be offered through various communication channels, including call centre helplines, telephones, mobiles, IM chats, online chats, SMS, and text chats, with or without camera and video facilities.
• Leptyn makes reasonable efforts to ensure privacy and confidentiality across Health Consultation Services.
• Other Intimated Services: Stay informed about additional services that may be introduced from time to time.

Service Terms

• Services are non-transferable and exclusively cover registered users.
• Specific service details, including initiation, duration, pricing, and terms, will be communicated separately when you decide to avail of such services.
• Prices displayed on the Application or separately communicated will be applicable when availing the service.
• Discounts, subject to Leptyn’s discretion, may be offered based on various factors and are subject to change.

Payment, Fees and Taxes

User acknowledge and agree to fulfil all payment obligations, including subscription fees, consulting fees, reasonable out-of-pocket expenses, and other fees associated with your utilization of Leptyn’s services. While Leptyn aims to provide a fair upfront estimate of fees, the actual amount may depend on the specific services you purchase, varying based on the type, number, or duration of subscribed services.

You bear sole responsibility for the payment of all taxes, legal compliance, statutory registrations, and reporting. Leptyn is not liable for any taxes except its own income tax.

Payment of fees can be made online through the Application’s designated facility. Leptyn does not engage with insurance companies, and currently, only self-payments are accepted. Third-party services are involved in processing online fee payments, and Leptyn disclaims responsibility for any loss or damage incurred by users during this process.

All fees are exclusive of taxes, and the payment process is considered complete only upon receipt of the amount in Leptyn’s designated bank account.

Periodic invoices for services received will be generated and communicated through the Application. Payment may be requested immediately or on a deferred basis, at Leptyn’s sole discretion. Failure to submit fees within the stipulated time-frame empowers Leptyn to halt service provision, permanently delete your account and associated information, or suspend/terminate the Agreement. Non-payment consequences rest solely with you, with no right of recovery against Leptyn.

Leptyn will promptly send an email notification within 3 working days upon receipt of your payment.

Delivery, Refunds & Cancellations

Delivery Policy: For Services that involve scheduling, appointments may be scheduled automatically or manually through the Application. We will communicate the availability of the HSP at the time of providing the Service. If You wish to reschedule, You can select a preferred appointment date and time through the Application, subject to the availability of the HSP. While Leptyn does not guarantee availability of appointment date and time, it will try and confirm appointment as per Your preference. Registered Users are permitted a maximum of two reschedules for Services that require an appointment. Rescheduling is permitted from 1 week up to 1 hour prior to a confirmed appointment. For all Leptyn Services that require delivery, the estimated delivery date shall be provided to you at the time of placing the order.

We will ship the food & nutraceutical products within 1-7 working days depending upon your delivery location.

Refund & Cancellation Policy: Refunds for Leptyn Services are as follows:

Food and Nutraceutical Products

No return and refund is applicable on food and nutraceutical products once sold.

Consultancy Services

• For consultancy services, a 100% refund is applicable if cancelled before the scheduled service time.
• Refunds cover Service costs only, excluding products, foods, devices, nutraceuticals, medication or additional costs you may have incurred. 

Leptyn may modify refund terms at its discretion, with any changes communicated to you. Leptyn may modify the terms of refund at its sole discretion, and any such modification shall be intimated to You.

Patient Consent & Privacy

As a user of the Application, you have the choice to upload your personally identifiable health information, encompassing physical, physiological, and mental health conditions, as well as medical records and history. This information may be accessed by Leptyn and/or Health Service Providers (HSPs) utilizing the Application during the provision of services to you.

We may gather various personal details from you as you use the Application and its features. By clicking on the ‘I accept’ tab during registration or accessing the Application, or by otherwise providing your personal information, you explicitly consent to our Privacy Policy.

In compliance with legal obligations, Leptyn is committed to upholding the privacy of your medical information. We take your privacy seriously and are dedicated to maintaining the confidentiality of the information you provide. It is important to note, however, that while we employ safeguards to prevent unauthorized access to your personal information, we do not claim, warrant, or guarantee that these safeguards are foolproof.

Leptyn may disclose or transfer your Personal Information in accordance with applicable laws and the purposes outlined in the Leptyn Privacy Policy.

Emergency Situations

The services provided through the Application are not a substitute for emergency services available at hospitals and should not be utilized if the patient is in a critical or unstable condition. It is imperative not to disregard or delay seeking medical advice based on information presented or not presented on the Application.

In the event of a medical emergency, or as recommended by a healthcare provider, you should promptly seek emergency assistance or follow-up care. Always consult with a physician or another qualified healthcare professional for guidance on any medical condition or before making decisions about starting, stopping, or modifying any treatment.

If you believe you are experiencing a medical emergency, it is crucial to contact emergency services immediately or proceed to the nearest hospital without delay.

Representations & Warranties

By utilizing this Application, you confirm and guarantee that:

• Age and Legal Compliance: You are 18 years of age or older, and your use of the Application complies with all applicable laws and regulations.
• Truthful Registration Information: All information submitted during registration is truthful and accurate, and you commit to maintaining the accuracy of such information.
• Personal and Non-Commercial Use: As a Registered User, you will use the Application exclusively for personal and non-commercial purposes. Any use of the Application or its content for purposes other than personal use is strictly prohibited.

Data Recording, Storage, Encryption & Usage

Information entered on the Application may be provided by you or a Health Service Provider (HSP) during the course of services offered by Leptyn. Data collected as part of the services might be stored on your mobile device, Leptyn servers within or outside India, or on a third-party cloud platform (“Cloud Service Provider”) or server located within or outside India (“Storage Service Provider”).

All interactions, including video consultations, IM chat consultations, text messages, audios, videos, transcripts, prescriptions, and email correspondences between Users (patients) and HSPs engaged by Leptyn will be recorded, saved, and stored for record-keeping purposes. These records may be produced as evidence upon the direction of a court of law.

Leptyn is not obligated to pre-screen or monitor User Content, but it reserves the right to monitor and may modify or remove any User Content if it deems, at its sole discretion, that such content violates this Agreement or any applicable law and best practices. In case of removal, Leptyn will make reasonable efforts to inform the Registered User who posted such User Content.

User Content will be electronically recorded, saved, and stored on a secure cloud database/server managed by the Cloud Service Provider/Data Storage Provider. Leptyn ensures that the Cloud Service Provider/Data Storage Provider employs appropriate levels of encryption for data protection and takes necessary precautions. However, Leptyn is not liable for any cyber data theft from its Application or the Cloud Service Provider’s/Data Storage Provider’s databases.

Leptyn will maintain a detailed transaction and purchase history of Users online.

After the conclusion or termination of any Service, or if a User remains inactive for a period of 3 years, Leptyn reserves the right to permanently delete User Content unless the Service is renewed.

User Responsibilities

Your utilization of this Application is contingent upon the following terms and conditions:

• Compliance: Adhere to and comply with the terms and conditions outlined in the Agreement both in letter and spirit.
• Accurate Information: Provide comprehensive and accurate information regarding your health, medical history, and personal care needs.
• Adherence to Professional Advice: Strictly adhere to the advice and instructions provided by Health Service Providers (HSPs) as communicated from time to time.
• Non-Alteration of Application Content: Refrain from deleting or modifying any content on the Application, including legal notices, disclaimers, or proprietary notices, unless you own them or have express permission to modify.
• No Decompiling or Reverse Engineering: Avoid deciphering, decompiling, reverse engineering, or disassembling Leptyn content.
• Unauthorized Use: Abstain from using any tools, agents, or mechanisms that may harm the Application or its content, including spiders, robots, avatars, or intelligent agents.
• Copyright and Trademark Notices: Do not remove any copyright, trademark registration, or other proprietary notices from the Application.
• No Harmful Activities: Refrain from using the Application and/or Services in any unlawful manner or in a way that harms Leptyn or any other individual or entity, as determined at Leptyn’s sole discretion.
• Avoid Antisocial Behavior: Do not engage in antisocial, disruptive, or destructive acts, including activities commonly understood and used on the Internet such as “flaming,” “spamming,” “flooding,” “trolling,” “phishing,” and “griefing.”
• Content Restrictions: Do not host, display, upload, modify, publish, transmit, or share information that falls under specified categories, such as infringing on others’ rights, being harmful, harassing, defamatory, obscene, or violating any law.

Enforcement

In the event of a suspected violation of the Agreement, Leptyn reserves the right to take various actions, including suspending services, suspending user accounts, disabling or deleting content, raising invoices for services, and taking legal action as permitted by law.

Suspension and Termination

Leptyn may suspend the provision of services or user accounts temporarily or permanently based on violations of the Agreement. Users may be approached to rectify any loss or damage caused to Leptyn as a pre-condition to revoking suspension.

Legal Consequences

Leptyn may take any actions permissible under the law in response to a User’s violation of the Agreement.

Content Management

Content in contravention of the Agreement may be disabled or deleted, with information preserved for potential production to governmental authorities.

DISCLAIMERS

General Disclaimer

Leptyn disclaims any representation and warranty for the security, reliability, quality, timeliness, and performance of the Application, its features, HSP information, advice available on the Application, access to or alteration of User Content or Leptyn Content, transmissions or data, and any other matters relating to the Application and/or services.

Inherent Risks

Users acknowledge the inherent risks associated with receiving health/medical services over a mobile/computer platform. These risks include:

• Insufficient information transmission for appropriate medical decision-making.
• Inability of Health Service Providers (HSPs) to provide medical treatment or arrange emergency care.
• Delays in medical evaluation and treatment due to deficiencies or failures in the application/website.
• Potential security protocol failures leading to breaches of privacy of confidential medical information.
• Lack of access to complete medical records, possibly resulting in errors in medical judgment.

Outcome Disclaimer

While users may anticipate benefits from services provided by Leptyn or its authorized representatives, no specific outcomes can be guaranteed. Outcome may vary from user to user. Users’ conditions may not necessarily improve, and in some cases, they may worsen. The effectiveness of any service is subject to the user’s adherence to the advice/plan provided.

Development and Maintenance

Leptyn disclaims responsibility for the development, maintenance, and updating of the Application. Any modifications, developments, maintenance, or updates to the Application and the associated rights shall be at the sole judgment and discretion of Leptyn.

Warranty Disclaimer

The Application and services provided by Leptyn are offered “as is,” without any warranties or conditions, expressed or implied. Leptyn disclaims all liability arising from the user’s use or reliance on the Application, Services, Leptyn Content, or any representations and warranties made by Leptyn or its contractors and agents (including HSPs).

Data Security and Usage

Leptyn assumes no responsibility for the ways in which user personal data is used, and users are solely responsible for ensuring compliance with applicable privacy laws.

Communication and Data Loss

Leptyn is not responsible or liable for the failure to send any communication, notification, or reminder, whether as a feature of the Application or not. Leptyn assumes no responsibility for any breach or loss of data, including personal information, due to technical reasons or third-party actions.

Equipment and Application Use

Leptyn is not liable for any damages or viruses that may infect user equipment due to accessing or using the Application. Users dissatisfied with the Application have the sole remedy of discontinuing its use.

Medical Negligence

Neither Leptyn nor its contractors and agents (including HSPs) shall be liable for occurrences where no medical or procedural negligence is proven.

Information Regarding HSP and Services

Information about HSPs and Leptyn services is for general reference only, subject to change, and may become outdated. Users are encouraged to independently verify such information.

Alteration

Leptyn reserves the right to change or discontinue any aspect of the website, with users bound to the current version of terms.

These disclaimers are subject to change, and users are advised to review them periodically.

Limitation of Liability

To the fullest extent permitted by law, Leptyn, its contractors, agents (including HSPs), and their directors, officers, employees, and content or service providers (collectively, the “Protected Entities”) shall not be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages. This includes, but is not limited to, loss of business, revenue, profits, or goodwill arising from or directly related to the use of, reliance on, or the inability to use or rely on the Application or the Services, materials, and functions related thereto. This applies whether or not Leptyn has been warned of the possibility of such damages or could have reasonably foreseen them.

Despite anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including negligence or otherwise) arising from the terms and conditions or a User’s use of the Application exceed, in the aggregate, INR 5000 or the amount of payment against Services directly received by Leptyn from the User in the past three months. Leptyn shall not be liable for any damage or loss caused after the expiration of an availed Service.

This limitation of liability clause is a fundamental part of the Agreement, and users acknowledge that Leptyn would not provide access to the Application or Services without such limitations. Users are advised to carefully consider these limitations and the overall context of this Agreement.

Indemnification

By using the Application, you agree to indemnify, defend, and hold harmless Leptyn, Leptyn’s distributors, agents, representatives, and other authorized Users (Registered and Non-Registered Users, Patients, HSPs). This also includes each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, as well as all officers, directors, owners, employees, and agents of these entities. The indemnification extends to cover any and all losses, damages, liabilities, and costs arising from:

• Your use of the Application.
• Your breach of the terms, conditions, or provisions of this Agreement.
• Any negligent or intentional wrongdoing on your part.

This indemnification clause is an integral part of the Agreement, and your commitment to indemnify Leptyn and its affiliates is crucial for the provision of services through the Application.

Applicable Law, Jurisdiction of Courts, and Dispute Resolution

The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with the laws of India.

Dispute Resolution

All disputes, controversies, or claims arising out of or in connection with this Agreement, including disputes regarding its existence, validity, interpretation, breach, or termination, shall be initially attempted to be amicably resolved through discussions at the Executive level.

If the dispute is not resolved through such discussions within 30 days after one of the Parties has served a written notice on the other requesting the commencement of discussions, any Party shall refer the disputes to arbitration in accordance with the Arbitration and Conciliation Act, 1996, with proceedings in English at Chennai.

Expedited Proceedings

The Parties shall cooperate in good faith to expedite the conduct of any arbitral proceedings commenced under this Agreement.

Confidentiality

• The Parties agree that any arbitral award shall be final and binding.
• Notwithstanding the arbitration clause, each Party may approach competent courts in Chennai for urgent interim relief related to the subject matter of this Agreement.
• The Parties agree to maintain the confidentiality of the arbitration proceedings, and the existence of the proceeding and its elements shall not be disclosed beyond the tribunal, the Parties, their counsel, and necessary persons, except as required by Applicable Law or necessary to protect or pursue a legal right.

This dispute resolution mechanism is a fundamental part of this Agreement, and the Parties acknowledge its importance in resolving potential disputes efficiently and in accordance with the agreed-upon procedures.

Miscellaneous

Severability

If any provision of this Agreement is deemed unenforceable under applicable law by a court of competent jurisdiction or arbitral tribunal, that provision shall be excluded from the Agreement. The remainder of the Agreement shall be interpreted as if such provision were excluded and enforced according to its terms. However, in such an event, the Agreement shall be interpreted to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision.

Notices

All notices and communications required or permitted under this Agreement shall be in writing, in English, and sent via email or mailed by a prepaid internationally-recognized courier. Alternatively, they may be delivered by hand or messenger. Notices shall be addressed to Leptyn at support@leptyn.com and to You at the email address provided during User registration.

No term of the Agreement shall be deemed waived, and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. Any consent or waiver, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Complete Understanding

The Agreement represents the entire understanding between the Parties, with no other written or oral understandings or promises between them concerning the subject matter of the Agreement, except those explicitly stated or referenced in the Agreement.

Force Majeure

Leptyn shall not be liable for any downtime, delay, or unavailability of the Application caused by circumstances beyond its reasonable control. This includes, but is not limited to, acts of God, government actions, natural disasters, civil unrest, terrorism, strikes, internet service provider failures, delays, or denial of service attacks.

Advertisement

Leptyn reserves the right to place advertisements and publicity materials of its choice, including those related to parties other than itself, for commercial use through electronic means on the Application.

Assignment

You may not assign or sublicense, without the prior written consent of Leptyn, the rights, duties, or obligations under this Agreement, in whole or in part, to any person or entity.

Conflict

In case of any conflict among the terms in these Terms of Use, the Privacy Policy, and other applicable policies for specific pages of the Application, the order of prevalence shall be as follows:

• Any additional Service-specific terms and conditions agreed upon by You.
• Privacy Policy.
• Terms of Use.
• Any other policies applicable to specific pages of the Application.

Survival

Even after termination, the provisions of the Agreement regarding Limitation of Liability, Indemnity, Intellectual Property, and Dispute Resolution will continue to survive.

Modifications

Leptyn reserves the right to modify any part of the Agreement at any time without prior notice. Changes will be communicated through an email to the registered email address. Your continued use of the Application after such changes implies your acceptance. If you disagree with the changes, please refrain from using the Application further.

These Terms of Use were last updated on: 10th January 2024. By accepting these Terms of Use, you voluntarily grant unequivocal informed consent to Leptyn’s Privacy Policy, the Leptyn Mobile Application/Application Terms of Use, and receipt of commercial communications from Leptyn. You further give voluntary and informed consent to the transfer of your personal data to third parties, as specified in the Leptyn Privacy Policy

Welcome to Leptyn’s digital platform, mobile application or website (the “Application”). The Application is operated by Cratos Healthtech Private Limited, having its registered office at No 1, Periyar Salai, D203, 2nd Floor, Perungudi, Chennai – 600096, Tamil Nadu, India.

The terms ‘You’ or ‘Your’ refer to you as the user and the terms ‘Leptyn’, ‘We’, ‘Us’, ‘Company’, and ‘Our’ refer to Leptyn. In the event the Application is being used by a person on your behalf, the expression “You” or “Your” shall apply to such third party as well.

In this document, “Leptyn” includes its affiliate and associate companies, directors, officers, employees, or healthcare professionals. Any person accessing the website and/or availing services offered by Leptyn through the application is referred to as “the User.” These terms and conditions govern your use of the Leptyn website. By using this website, you fully accept and agree to abide by these terms and conditions.

Kindly review the terms of use for the application carefully. These terms, along with the Leptyn Privacy Policy (subject to periodic amendments), accessible at Privacy Policy, additional service-specific terms, and other applicable policies for specific sections of this application, collectively constitute the conditions for your access and usage of the application. By clicking the ‘I Accept’ button or accessing/using this application, you acknowledge your agreement to abide by these terms of use, the Privacy Policy, and any other relevant policies. If you do not agree to these terms, kindly refrain from accessing or using the application.

The Application

Leptyn is the author and publisher of the Application, and all variants, editions, add-ons, and ancillary products or services of the Application (including all files and images contained in or generated by the software, and accompanying data, together). The Application may be used by users to avail services and/or to find, access, manage and organize information including but not limited to personal or non-personal information, doctor/health coach/consultant information, appointments, prescriptions, laboratory and diagnostic tests, electronic medical records, billing, product purchase, inventory, accounting details and other relevant information.

Content on the Application

Leptyn provides online resources designed to offer information and services related to weight care management, including personalized consultations, nutritional guidance, and product recommendations. While we strive to provide accurate and up-to-date information, Leptyn acknowledges that information on the website may require periodic updates and corrections. The content and advice on the application are not a substitute for professional, in-person medical advice, diagnosis, or treatment. The content includes data and information that Leptyn, either directly or through its contractors, has generated or obtained for the Application. It encompasses content generated or provided by HSP (Health Service Providers) or data and information generated or supplied by users on the Application.

Services Offered

Leptyn offers a range of health care and related services through its Application, catering to the needs of users. Depending on your registration status and within the parameters set by the Agreement or by Leptyn, you can access the following services through the Application, either provided directly by Leptyn or through third-party independent contractors:

• Online Coaching/Consultations: Access professional consultations and coaching services online.
• Built-in App Features: Utilize built-in features for reminders, secure storage, and display of your medical records, including outpatient records, discharge summaries, prescriptions, lab investigations, and radiology reports.
• Prescription Services: Receive prescriptions for specific medications as recommended by qualified doctors.
• Weight Care Devices: Avail physical devices or instruments as part of a care kit, recommended by Leptyn for the successful delivery of its services.
• Food Delivery: Get ready to cook, ready to eat food items delivered either by Leptyn or through third party providers.
• Nutraceuticals Delivery: Get nutraceutical items delivered either by Leptyn or through third party providers.
• Health Consultation Services:
• Users opting for Health Consultation Services, which include diet programs, fitness coaching, educational modules, online consultations, and screening tests, must be at least 18 years old and of sound mind.
• Do not use Health Consultation Services if you are below 18 or above 65 years old or if you have any disqualifying factors as identified in the eligibility form.
• Leptyn is not responsible for any harm or loss if you choose to access Health Consultation Services without meeting the pre-conditions.
• Users opting for Health Consultation Services may need to undergo an initial medical examination to record medical history, medication history, and current medical status before video consultations can be provided.
• Health Consultation Services may be offered through various communication channels, including call centre helplines, telephones, mobiles, IM chats, online chats, SMS, and text chats, with or without camera and video facilities.
• Leptyn makes reasonable efforts to ensure privacy and confidentiality across Health Consultation Services.
• Other Intimated Services: Stay informed about additional services that may be introduced from time to time.

Service Terms

• Services are non-transferable and exclusively cover registered users.
• Specific service details, including initiation, duration, pricing, and terms, will be communicated separately when you decide to avail of such services.
• Prices displayed on the Application or separately communicated will be applicable when availing the service.
• Discounts, subject to Leptyn’s discretion, may be offered based on various factors and are subject to change.

Payment, Fees and Taxes

User acknowledge and agree to fulfil all payment obligations, including subscription fees, consulting fees, reasonable out-of-pocket expenses, and other fees associated with your utilization of Leptyn’s services. While Leptyn aims to provide a fair upfront estimate of fees, the actual amount may depend on the specific services you purchase, varying based on the type, number, or duration of subscribed services.

You bear sole responsibility for the payment of all taxes, legal compliance, statutory registrations, and reporting. Leptyn is not liable for any taxes except its own income tax.

Payment of fees can be made online through the Application’s designated facility. Leptyn does not engage with insurance companies, and currently, only self-payments are accepted. Third-party services are involved in processing online fee payments, and Leptyn disclaims responsibility for any loss or damage incurred by users during this process.

All fees are exclusive of taxes, and the payment process is considered complete only upon receipt of the amount in Leptyn’s designated bank account.

Periodic invoices for services received will be generated and communicated through the Application. Payment may be requested immediately or on a deferred basis, at Leptyn’s sole discretion. Failure to submit fees within the stipulated time-frame empowers Leptyn to halt service provision, permanently delete your account and associated information, or suspend/terminate the Agreement. Non-payment consequences rest solely with you, with no right of recovery against Leptyn.

Leptyn will promptly send an email notification within 3 working days upon receipt of your payment.

Delivery, Refunds & Cancellations

Delivery Policy: For Services that involve scheduling, appointments may be scheduled automatically or manually through the Application. We will communicate the availability of the HSP at the time of providing the Service. If You wish to reschedule, You can select a preferred appointment date and time through the Application, subject to the availability of the HSP. While Leptyn does not guarantee availability of appointment date and time, it will try and confirm appointment as per Your preference. Registered Users are permitted a maximum of two reschedules for Services that require an appointment. Rescheduling is permitted from 1 week up to 1 hour prior to a confirmed appointment. For all Leptyn Services that require delivery, the estimated delivery date shall be provided to you at the time of placing the order.

Refund & Cancellation Policy: Refunds for Leptyn Services are as follows:

Food and Nutraceutical Products

No return and refund is applicable on food and nutraceutical products once sold.

Consultancy Services

• For consultancy services, a 100% refund is applicable if cancelled before the scheduled service time.
• Refunds cover Service costs only, excluding products, foods, devices, nutraceuticals, medication or additional costs you may have incurred.┬á

Leptyn may modify refund terms at its discretion, with any changes communicated to you. Leptyn may modify the terms of refund at its sole discretion, and any such modification shall be intimated to You.

Patient Consent & Privacy

As a user of the Application, you have the choice to upload your personally identifiable health information, encompassing physical, physiological, and mental health conditions, as well as medical records and history. This information may be accessed by Leptyn and/or Health Service Providers (HSPs) utilizing the Application during the provision of services to you.

We may gather various personal details from you as you use the Application and its features. By clicking on the ‘I accept’ tab during registration or accessing the Application, or by otherwise providing your personal information, you explicitly consent to our Privacy Policy.

In compliance with legal obligations, Leptyn is committed to upholding the privacy of your medical information. We take your privacy seriously and are dedicated to maintaining the confidentiality of the information you provide. It is important to note, however, that while we employ safeguards to prevent unauthorized access to your personal information, we do not claim, warrant, or guarantee that these safeguards are foolproof.

Leptyn may disclose or transfer your Personal Information in accordance with applicable laws and the purposes outlined in the Leptyn Privacy Policy.

Emergency Situations

The services provided through the Application are not a substitute for emergency services available at hospitals and should not be utilized if the patient is in a critical or unstable condition. It is imperative not to disregard or delay seeking medical advice based on information presented or not presented on the Application.

In the event of a medical emergency, or as recommended by a healthcare provider, you should promptly seek emergency assistance or follow-up care. Always consult with a physician or another qualified healthcare professional for guidance on any medical condition or before making decisions about starting, stopping, or modifying any treatment.

If you believe you are experiencing a medical emergency, it is crucial to contact emergency services immediately or proceed to the nearest hospital without delay.

Representations & Warranties

By utilizing this Application, you confirm and guarantee that:

• Age and Legal Compliance: You are 18 years of age or older, and your use of the Application complies with all applicable laws and regulations.
• Truthful Registration Information: All information submitted during registration is truthful and accurate, and you commit to maintaining the accuracy of such information.
• Personal and Non-Commercial Use: As a Registered User, you will use the Application exclusively for personal and non-commercial purposes. Any use of the Application or its content for purposes other than personal use is strictly prohibited.

Data Recording, Storage, Encryption & Usage

Information entered on the Application may be provided by you or a Health Service Provider (HSP) during the course of services offered by Leptyn. Data collected as part of the services might be stored on your mobile device, Leptyn servers within or outside India, or on a third-party cloud platform (“Cloud Service Provider”) or server located within or outside India (“Storage Service Provider”).

All interactions, including video consultations, IM chat consultations, text messages, audios, videos, transcripts, prescriptions, and email correspondences between Users (patients) and HSPs engaged by Leptyn will be recorded, saved, and stored for record-keeping purposes. These records may be produced as evidence upon the direction of a court of law.

Leptyn is not obligated to pre-screen or monitor User Content, but it reserves the right to monitor and may modify or remove any User Content if it deems, at its sole discretion, that such content violates this Agreement or any applicable law and best practices. In case of removal, Leptyn will make reasonable efforts to inform the Registered User who posted such User Content.

User Content will be electronically recorded, saved, and stored on a secure cloud database/server managed by the Cloud Service Provider/Data Storage Provider. Leptyn ensures that the Cloud Service Provider/Data Storage Provider employs appropriate levels of encryption for data protection and takes necessary precautions. However, Leptyn is not liable for any cyber data theft from its Application or the Cloud Service Provider’s/Data Storage Provider’s databases.

Leptyn will maintain a detailed transaction and purchase history of Users online.

After the conclusion or termination of any Service, or if a User remains inactive for a period of 3 years, Leptyn reserves the right to permanently delete User Content unless the Service is renewed.

User Responsibilities

Your utilization of this Application is contingent upon the following terms and conditions:

• Compliance: Adhere to and comply with the terms and conditions outlined in the Agreement both in letter and spirit.
• Accurate Information: Provide comprehensive and accurate information regarding your health, medical history, and personal care needs.
• Adherence to Professional Advice: Strictly adhere to the advice and instructions provided by Health Service Providers (HSPs) as communicated from time to time.
• Non-Alteration of Application Content: Refrain from deleting or modifying any content on the Application, including legal notices, disclaimers, or proprietary notices, unless you own them or have express permission to modify.
• No Decompiling or Reverse Engineering: Avoid deciphering, decompiling, reverse engineering, or disassembling Leptyn content.
• Unauthorized Use: Abstain from using any tools, agents, or mechanisms that may harm the Application or its content, including spiders, robots, avatars, or intelligent agents.
• Copyright and Trademark Notices: Do not remove any copyright, trademark registration, or other proprietary notices from the Application.
• No Harmful Activities: Refrain from using the Application and/or Services in any unlawful manner or in a way that harms Leptyn or any other individual or entity, as determined at Leptyn’s sole discretion.
• Avoid Antisocial Behavior: Do not engage in antisocial, disruptive, or destructive acts, including activities commonly understood and used on the Internet such as “flaming,” “spamming,” “flooding,” “trolling,” “phishing,” and “griefing.”
• Content Restrictions: Do not host, display, upload, modify, publish, transmit, or share information that falls under specified categories, such as infringing on others’ rights, being harmful, harassing, defamatory, obscene, or violating any law.

Enforcement

In the event of a suspected violation of the Agreement, Leptyn reserves the right to take various actions, including suspending services, suspending user accounts, disabling or deleting content, raising invoices for services, and taking legal action as permitted by law.

Suspension and Termination

Leptyn may suspend the provision of services or user accounts temporarily or permanently based on violations of the Agreement. Users may be approached to rectify any loss or damage caused to Leptyn as a pre-condition to revoking suspension.

Legal Consequences

Leptyn may take any actions permissible under the law in response to a User’s violation of the Agreement.

Content Management

Content in contravention of the Agreement may be disabled or deleted, with information preserved for potential production to governmental authorities.

DISCLAIMERS

General Disclaimer

Leptyn disclaims any representation and warranty for the security, reliability, quality, timeliness, and performance of the Application, its features, HSP information, advice available on the Application, access to or alteration of User Content or Leptyn Content, transmissions or data, and any other matters relating to the Application and/or services.

Inherent Risks

Users acknowledge the inherent risks associated with receiving health/medical services over a mobile/computer platform. These risks include:

• Insufficient information transmission for appropriate medical decision-making.
• Inability of Health Service Providers (HSPs) to provide medical treatment or arrange emergency care.
• Delays in medical evaluation and treatment due to deficiencies or failures in the application/website.
• Potential security protocol failures leading to breaches of privacy of confidential medical information.
• Lack of access to complete medical records, possibly resulting in errors in medical judgment.

Outcome Disclaimer

While users may anticipate benefits from services provided by Leptyn or its authorized representatives, no specific outcomes can be guaranteed. Outcome may vary from user to user. UsersÔÇÖ conditions may not necessarily improve, and in some cases, they may worsen. The effectiveness of any service is subject to the user’s adherence to the advice/plan provided.

Development and Maintenance

Leptyn disclaims responsibility for the development, maintenance, and updating of the Application. Any modifications, developments, maintenance, or updates to the Application and the associated rights shall be at the sole judgment and discretion of Leptyn.

Warranty Disclaimer

The Application and services provided by Leptyn are offered “as is,” without any warranties or conditions, expressed or implied. Leptyn disclaims all liability arising from the user’s use or reliance on the Application, Services, Leptyn Content, or any representations and warranties made by Leptyn or its contractors and agents (including HSPs).

Data Security and Usage

Leptyn assumes no responsibility for the ways in which user personal data is used, and users are solely responsible for ensuring compliance with applicable privacy laws.

Communication and Data Loss

Leptyn is not responsible or liable for the failure to send any communication, notification, or reminder, whether as a feature of the Application or not. Leptyn assumes no responsibility for any breach or loss of data, including personal information, due to technical reasons or third-party actions.

Equipment and Application Use

Leptyn is not liable for any damages or viruses that may infect user equipment due to accessing or using the Application. Users dissatisfied with the Application have the sole remedy of discontinuing its use.

Medical Negligence

Neither Leptyn nor its contractors and agents (including HSPs) shall be liable for occurrences where no medical or procedural negligence is proven.

Information Regarding HSP and Services

Information about HSPs and Leptyn services is for general reference only, subject to change, and may become outdated. Users are encouraged to independently verify such information.

Alteration

Leptyn reserves the right to change or discontinue any aspect of the website, with users bound to the current version of terms.

These disclaimers are subject to change, and users are advised to review them periodically.

Limitation of Liability

To the fullest extent permitted by law, Leptyn, its contractors, agents (including HSPs), and their directors, officers, employees, and content or service providers (collectively, the “Protected Entities”) shall not be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages. This includes, but is not limited to, loss of business, revenue, profits, or goodwill arising from or directly related to the use of, reliance on, or the inability to use or rely on the Application or the Services, materials, and functions related thereto. This applies whether or not Leptyn has been warned of the possibility of such damages or could have reasonably foreseen them.

Despite anything to the contrary in this Agreement, in no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including negligence or otherwise) arising from the terms and conditions or a UserÔÇÖs use of the Application exceed, in the aggregate, INR 5000 or the amount of payment against Services directly received by Leptyn from the User in the past three months. Leptyn shall not be liable for any damage or loss caused after the expiration of an availed Service.

This limitation of liability clause is a fundamental part of the Agreement, and users acknowledge that Leptyn would not provide access to the Application or Services without such limitations. Users are advised to carefully consider these limitations and the overall context of this Agreement.

Indemnification

By using the Application, you agree to indemnify, defend, and hold harmless Leptyn, Leptyn’s distributors, agents, representatives, and other authorized Users (Registered and Non-Registered Users, Patients, HSPs). This also includes each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, as well as all officers, directors, owners, employees, and agents of these entities. The indemnification extends to cover any and all losses, damages, liabilities, and costs arising from:

• Your use of the Application.
• Your breach of the terms, conditions, or provisions of this Agreement.
• Any negligent or intentional wrongdoing on your part.

This indemnification clause is an integral part of the Agreement, and your commitment to indemnify Leptyn and its affiliates is crucial for the provision of services through the Application.

Applicable Law, Jurisdiction of Courts, and Dispute Resolution

The information provided under this Application and the terms and conditions therein are governed by and to be interpreted in accordance with the laws of India.

Dispute Resolution

All disputes, controversies, or claims arising out of or in connection with this Agreement, including disputes regarding its existence, validity, interpretation, breach, or termination, shall be initially attempted to be amicably resolved through discussions at the Executive level.

If the dispute is not resolved through such discussions within 30 days after one of the Parties has served a written notice on the other requesting the commencement of discussions, any Party shall refer the disputes to arbitration in accordance with the Arbitration and Conciliation Act, 1996, with proceedings in English at Chennai.

Expedited Proceedings

The Parties shall cooperate in good faith to expedite the conduct of any arbitral proceedings commenced under this Agreement.

Confidentiality

• The Parties agree that any arbitral award shall be final and binding.
• Notwithstanding the arbitration clause, each Party may approach competent courts in Chennai for urgent interim relief related to the subject matter of this Agreement.
• The Parties agree to maintain the confidentiality of the arbitration proceedings, and the existence of the proceeding and its elements shall not be disclosed beyond the tribunal, the Parties, their counsel, and necessary persons, except as required by Applicable Law or necessary to protect or pursue a legal right.

This dispute resolution mechanism is a fundamental part of this Agreement, and the Parties acknowledge its importance in resolving potential disputes efficiently and in accordance with the agreed-upon procedures.

Miscellaneous

Severability

If any provision of this Agreement is deemed unenforceable under applicable law by a court of competent jurisdiction or arbitral tribunal, that provision shall be excluded from the Agreement. The remainder of the Agreement shall be interpreted as if such provision were excluded and enforced according to its terms. However, in such an event, the Agreement shall be interpreted to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision.

Notices

All notices and communications required or permitted under this Agreement shall be in writing, in English, and sent via email or mailed by a prepaid internationally-recognized courier. Alternatively, they may be delivered by hand or messenger. Notices shall be addressed to Leptyn at support@leptyn.com and to You at the email address provided during User registration.

No term of the Agreement shall be deemed waived, and no breach excused unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. Any consent or waiver, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Complete Understanding

The Agreement represents the entire understanding between the Parties, with no other written or oral understandings or promises between them concerning the subject matter of the Agreement, except those explicitly stated or referenced in the Agreement.

Force Majeure

Leptyn shall not be liable for any downtime, delay, or unavailability of the Application caused by circumstances beyond its reasonable control. This includes, but is not limited to, acts of God, government actions, natural disasters, civil unrest, terrorism, strikes, internet service provider failures, delays, or denial of service attacks.

Advertisement

Leptyn reserves the right to place advertisements and publicity materials of its choice, including those related to parties other than itself, for commercial use through electronic means on the Application.

Assignment

You may not assign or sublicense, without the prior written consent of Leptyn, the rights, duties, or obligations under this Agreement, in whole or in part, to any person or entity.

Conflict

In case of any conflict among the terms in these Terms of Use, the Privacy Policy, and other applicable policies for specific pages of the Application, the order of prevalence shall be as follows:

• Any additional Service-specific terms and conditions agreed upon by You.
• Privacy Policy.
• Terms of Use.
• Any other policies applicable to specific pages of the Application.

Survival

Even after termination, the provisions of the Agreement regarding Limitation of Liability, Indemnity, Intellectual Property, and Dispute Resolution will continue to survive.

Modifications

Leptyn reserves the right to modify any part of the Agreement at any time without prior notice. Changes will be communicated through an email to the registered email address. Your continued use of the Application after such changes implies your acceptance. If you disagree with the changes, please refrain from using the Application further.

These Terms of Use were last updated on: 10th January 2024. By accepting these Terms of Use, you voluntarily grant unequivocal informed consent to Leptyn‘s Privacy Policy, the Leptyn Mobile Application/Application Terms of Use, and receipt of commercial communications from Leptyn. You further give voluntary and informed consent to the transfer of your personal data to third parties, as specified in the Leptyn Privacy Policy.