End User Agreement

 

This End User Agreement (“Agreement”) is a legal contract between Fyp Life Digital Healthcare Private Limited (“Company,” “we,” “us,” or “our”) and you, the individual user (“User,” “you,” or “your”) who accesses or uses the Fyp Life Platform.

By accessing, registering, or using the Fyp Life Fyp Life Platform (including our websites www.fyp.life, www.fyplife.in, and mobile applications), you agree to be bound by this agreement.

 

1.       Definitions

 

1.       Business Days: Refers to official working days, excluding weekends and public holidays, for processing refunds, rescheduling, and other services.

 

2.       Chargeback: A reversal of a payment started by a user through their bank or payment provider after a transaction has been completed. Chargebacks may be started because of unauthorized transactions, dissatisfaction with services, or fraudulent claims, and need review under the Fyp Life Platform’s policies.

 

3.        Company: Fyp Life Digital Healthcare Private Limited, which owns and operates the Fyp Life Platform.

 

4.       Confidential Information: Personal, medical, or financial data shared during registration or consultation.

 

5.       Dispute: Any disagreement, claim, or controversy arising between the User and the Company regarding the interpretation, performance, enforcement, or breach of this Agreement, including but not limited to issues related to services provided, payments, refunds, account suspensions, and data privacy.

 

6.         Effective Date: The date when the User first registers on the Fyp Life Platform or accepts this Agreement.

 

7.        Electronic Receipt: A digital confirmation issued to the User upon successful payment for a session, detailing the transaction amount, payment method, and confirmation number.

 

8.       Follow-up Consultation: An additional session after the initial consultation recommended by the RWP to check progress, provide guidance, or address ongoing concerns. Follow-ups are scheduled based on availability and may involve extra charges, which will be communicated in advance.

 

9.         Force Majeure: Any event beyond the reasonable control of the Company that prevents the fulfilment of obligations, such as natural disasters, strikes, cyberattacks, or regulatory changes.

 

10.         Invoice: A formal document issued to the User after successful completion of a consultation, summarizing session details, fees paid, and any applicable taxes, which can be used for record-keeping or reimbursement purposes.

 

11.        Listing Price: The amount charged to the User for each session.

 

12.         Medical Emergency: A critical or life-threatening health situation requiring immediate in-person medical attention. This includes, but is not limited to, severe allergic reactions, heart attacks, seizures, loss of consciousness, difficulty breathing, and suicidal ideation. The Fyp Life Platform and RWPs cannot handle medical emergencies; Users experiencing these conditions must seek emergency medical care at a hospital or urgent care facility.

 

13.     Medical History: Information provided by the User regarding their past and present health conditions, medications, allergies, prior treatments, and any relevant medical documentation. RWPs use this information to ensure accurate assessments and recommendations during consultations.

 

14.       Payment Gateway Provider: A third-party service provider facilitating payment transactions.

 

15.       Penal Charges: A percentage of the listing fees the company deems fit as a levy over and above the listing fees. The company charges penal charges for violations of the Frequent Cancellations Policy.

 

16.       Permanent Termination: – The irreversible removal of a User’s access to the Fyp Life Platform, including the deletion of their account and associated records, because of severe or repeated violations of this Agreement.

 

17.       Fyp Life Platform: The website, mobile application, or digital service that facilitates interactions between users and RWPs.

 

18.        Pre-Session Forms: – Forms that users may be required to complete before a consultation to provide essential information, such as medical history, current symptoms, and consent for treatment. These forms help RWPs assess the User’s condition and tailor the consultation accordingly.

 

19.        Refund: Returning funds to a user where a consultation does not take place because of valid reasons as outlined in the Company’s refund policy. Refunds may be issued for failed sessions, failed payments at the payment gateway and/or bank’s end, RWP cancellations, or other qualifying circumstances, subject to review and approval.

 

20.         Registered Wellness Practitioner (RWP): A qualified professional registered on the Fyp Life Platform to offer consultations.

 

21.       Rescheduling: – Setting a new date and time for a session that was previously booked by client or cancelled.missed by RWP.

 

22.        Service: The consultation and related assistance provided by the RWP to the User through the Fyp Life Platform during the session.

 

23.      Session: A video, audio, or text-based consultation between a user and an RWP, lasting between 1 to 60 minutes after booking the same post the payment.

 

24.        Subscription Plans: Any bundled or recurring consultation plans offered by the Fyp Life Platform to users.

 

25.        Technical Failure: Situations where the Fyp Life Platform malfunctions either due to code or due to third party tool malfunctioning or the RWP or client or user experiences connectivity issues that prevent a session from being conducted.

 

26.        User: Any individual who creates an account on the Fyp Life Platform to avail wellness and healthcare services.

 

27.    Client: Any user who makes a payment for booking of at least one session on the platfrom

 

2.       Scope of Services

 

1.       Fyp Life is a recognized clinical establishment offering digital healthcare services. Our Fyp Life Platform securely connects users with Registered Wellness Practitioners (RWPs) to ensure expert medical consultations..

 

2.       The Company is not a direct healthcare provider by itself and does not offer medical advice, diagnosis, or treatment. The Company solely acts as a technological enabler to connect users with RWPs as part of the digital healthcare services.

 

3.        RWPs are independent professionals, and the Company is not responsible for their actions, advice, or medical opinions. Users acknowledge that any reliance on advice provided by RWPs is at their own discretion and risk.

 

4.       The Fyp Life Platform facilitates comprehensive digital healthcare and psychological wellness services to support users in their well-being journey. These services may include:
   1.         Virtual and in-person consultations with experienced Registered Wellness Practitioners (RWPs).Fyp Life.
   2.        Personalized self-assessments and mental health evaluations designed to help users gain insight into their well-being.
   3.      Interactive workshops and educational webinars conducted by wellness experts to address a variety of mental health topics.
   4.      Secure encrypted messaging that enables users to communicate privately with their designated RWP in addition to scheduled consultations.
   5.        Engagement forums and user communities, allowing participants to share insights, discuss topics, and provide feedback in a supportive environment.

 

All services provided adhere to strict confidentiality and client anonymity policies (refer to Privacy & data protection clause). Fyp Life reserves the right to modify, add, or discontinue any service offerings at its discretion.

 

3.       Medical Emergency Disclaimer

 

Important: Fyp Life does not provide emergency medical care. If you experience a life-threatening condition, seek immediate help at a hospital or urgent care centre.

 

1.       RWPs do not provide emergency care and may refuse to proceed with a session if they determine that your condition requires in-person treatment. The User will be advised to seek in-person medical care, and the consultation will not proceed.

 

2.       Distinguishing Anxiety from Life-Threatening Conditions: Users experiencing severe anxiety may have symptoms that resemble life-threatening conditions, such as heart attacks or breathing difficulties. RWPs will assess symptoms based on information but cannot provide emergency intervention. If there is any uncertainty regarding the severity of a condition, users are strongly advised to seek immediate medical attention at a hospital or with a licensed in-person medical provider. The Fyp Life Platform and RWPs do not take any responsibility for symptoms that are not factually reported or are downplayed by the User, and Users acknowledge that inaccurate reporting may affect the effectiveness of the consultation.

 

3.        Addressing Emergency Situations: The Fyp Life Platform and RWPs cannot handle medical emergencies, including but not limited to severe allergic reactions, chest pain, seizures, loss of consciousness, or suicidal behaviour requiring immediate intervention. If a user exhibits signs of a medical emergency during a session, the RWP may end the consultation and advise the User or their caregiver to seek emergency medical help immediately. In such cases, the Fyp Life Platform and RWPs hold no liability for any delay or failure to act on emergency situations that require in-person medical attention.

 

4.       How to Use the Fyp Life Platform

 

1.       Registration & Account Creation:
   1.         Users must create an account on the Fyp Life Platform by providing necessary details such as name, contact information, etc..
   2.        Users must verify their details and agree to the terms of this agreement before proceeding.

 

2.       Booking a Consultation:
   1.         Users can browse RWPs, check their specialties, languages spoken,  availability, and listing price.
   2.        Once a suitable RWP is selected ,user  can schedule a consultation by selecting an available time slot.
   3.      The Fyp Life Platform will prompt users to make a payment before confirming the appointment for the session.

 

3.        Payment Process:
   1.         Users must complete payment through the provided third-party payment gateway.
   2.        Upon successful payment, the system generates an electronic receipt and sends it to the user.
   3.      If the payment fails, the system won’t book the appointment; users must retry.
   4.      In the event that funds are debited without a successful booking, users must contact their bank or payment provider to resolve the issue. .

 

4.       Confirmation & Pre-Session Preparation:

Upon successful payment, the system confirms the appointment and sends session details to users.

 

5.       Attending the Consultation:
   1.         Users may log in to the Fyp Life Platform at least five minutes prior to the scheduled time to ensure a smooth consultation experience.
   2.        The Fyp Life Platform will conduct consultations only via video to verify the User’s identity, obtain necessary consent, and ensure informed decision-making.
   3.      Users should ensure a stable internet connection and a private setting for the session.
   4.      Users should ensure a device preferably laptop, ipad/tablet, or mobile phone along with functional earphones or speakers, along with an internal or external microphone for best experience.

 

6.         Post-Session & Follow-ups:
   1.         After the consultation, an invoice is issued summarizing session details and sent to the Users’ registered email address as provided at the time of registration.
   2.        If a follow-up session is recommended, Users can schedule it through the Fyp Life Platform.
   3.      Any prescribed notes or recommendations may be provided via the Fyp Life Platform.

 

7.        Cancellations & Refunds:
   1.         Users can cancel or reschedule based on the Fyp Life Platform’s cancellation policy as per section 7.b.
   2.        Refunds for unsuccessful sessions are processed as per Section 7.c.

 

5.       User Responsibilities

 

1.       Eligibility:
   1.         You must be at least 18 years old to register.
   2.        You must be legally competent to contract under the Indian Contract Act, 1872.
   3.      You acknowledge and agree to the Terms and Conditions (hereafter referred to as the “End User Agreement”), including any referenced policies or additional terms available through hyperlinks.
   4.      Minors (under 18) can only access services through a verified parent or legal guardian. Verification may require the submission of valid identification documents, such as a government-issued ID, birth certificate, or legal guardianship papers, along with parental consent provided through a secure authentication process on the Fyp Life Platform.
   5.        Certain consultations (e.g., mental health or sexual health) may have additional age restrictions as per applicable laws. These restrictions may include minimum age requirements for accessing specific types of therapy, parental consent for minors, or limitations on certain prescriptions or treatments in compliance with national healthcare and telemedicine regulations.
   6.      Users seeking mental health support acknowledge that the Fyp Life Platform is not a substitute for crisis intervention or emergency psychiatric care.
   7.    If a user shows signs of self-harm, extreme distress, or suicidal thoughts, RWPs may refer them to crisis support services or emergency intervention in accordance with legal and ethical guidelines.

 

2.       Accurate Information:
   1.         Users must provide truthful, complete, and up-to-date information during registration and while using the Fyp Life Platform and during the session with RWP. This includes personal details, medical history, and any relevant symptoms or conditions necessary for consultation.
   2.        Users should always maintain their profile details updated for any changes, including but not limited to their name, contact details (email ID and mobile number), and emergency contact. Any missed communication because of failure to update this information shall not be the responsibility of the Company or the RWP.
   3.      Users ensure their information is accurate and up to date. Deliberate misrepresentation or withholding of critical information may cause account suspension or restricted access to future consultations.

 

3.        Confidentiality: You must maintain the confidentiality of your account credentials and personal information. Users must not share their login details with others or allow unauthorized access to their accounts. Report any unauthorized access, breach, or misuse of your account information to the Company immediately. The Company protects User data under the Digital Personal Data Protection Act, 2023, and other relevant laws governing patient confidentiality and data security.

 

4.       Acceptance of Terms: The terms outlined herein apply as soon as you:
   1.         Access or use our services, resources, or any product through our Fyp Life Platform.
   2.        Use the Fyp Life Platform via any medium, including but not limited to mobile phones, tablets, and computers.

 

5.       Modification of Agreement: We reserve the right to modify, add, or remove sections of this Agreement at any time without prior notice.

5.5.1 Continued use of the Fyp LifeFyp Life Platform and its services constitutes an ongoing acceptance of the latest version of the User Agreement.

5.5.2 It is the user's responsibility to review these terms periodically.

 

6.         Compliance with Laws: Users must adhere to all applicable laws, including the Telemedicine Practice Guidelines, 2020, the Mental Healthcare Act, 2017, and the Digital Personal Data Protection Act, 2023. Users must not use the Fyp Life Platform for unlawful activities, including:
   1.         Misrepresenting medical conditions.
   2.        Soliciting RWPs outside the Fyp Life Platform.
   3.      Seeking or distributing controlled substances.

 

7.        Continued Acceptance: Your continued use of the Fyp Life Platform after any changes indicates your acceptance of the revised Agreement.

 

6.       Prohibited Conduct

 

1.       Harassment & Abuse: Users shall not harass, threaten, or abuse RWPs, company representatives, or other users through any form of communication on the Fyp Life Platform.

 

2.       Unauthorized Recording & Data Sharing: Users shall not record, screenshot, distribute, or share consultation details, session content, or any personal data obtained from the Fyp Life Platform..

 

3.        False Information & Misrepresentation: Users shall not provide false or incomplete medical or personal information that may impact the accuracy of consultations and recommendations.

 

4.       Solicitation & Off-Fyp Life Platform Engagement: Users shall not solicit RWPs for consultations, services, or payments outside of the Fyp Life Platform, as this compromises the integrity of the service and violates Fyp Life Platform policies.

 

5.       Illegal & Controlled Substances: Users shall not use the Fyp Life Platform to seek prescriptions for prohibited, or controlled substances as per applicable laws.

 

6.         Fraud & Manipulation: Users shall not engage in fraudulent activities, including but not limited to creating multiple accounts, using false identities, or attempting to manipulate Fyp Life Platform policies, pricing, or consultation outcomes.

 

7.        Unauthorized Access & Hacking: Users shall not attempt to gain unauthorized access to Fyp Life Platform systems, tamper with Fyp Life Platform operations, introduce malicious software, or engage in hacking, phishing, or cyberattacks.

 

8.       Violation of Fyp Life Platform Policies & Laws: Users shall not use the Fyp Life Platform for any unlawful activities, including but not limited to violating national healthcare, telemedicine, or data protection laws.

 

9.         Failure to comply with RWP Instructions: Users must adhere to professional guidance given by RWPs during consultations. Disregarding medical recommendations, engaging in disruptive behaviour, or refusing to provide necessary health information may cause account suspension.

 

10.         Consequences of Violations: Users who violate the terms outlined in this Agreement may face Permanent Termination of their access to the Fyp Life Platform. Given the complexity of monitoring and evaluating policy violations, the Company reserves the right to immediately terminate accounts in cases of severe or repeated violations, rather than opting for temporary suspensions or service restrictions. The Company may also take legal action where necessary.

 

7.       Payments, Cancellations, Refunds, Resheduling, Chargebacks

 

1.       Payments:
   1.         Users must make full payment before booking a session.
   2.        We process payments securely via third-party payment gateway providers.
   3.      If a payment fails for any reason, the system will not book the appointment, and the user must retry the transaction to confirm the booking.
   4.      If an amount is debited from the User’s account but the payment fails because of technical issues, the User should contact their bank or payment provider for resolution. The Company is not responsible for failed transactions caused by third-party payment gateway issues.

Upon successful payment, the User shall receive an electronic receipt confirming the transaction. The system will send the electronic receipt and invoice summarizing the session details, including the fees paid and any applicable taxes. We will send the invoice to the Users’ registered email address within 24 hours of payment.

 

2.       Cancellations::
   1.         Cancellation cannot be made by the client once a session is booked.
   2.        Cancellations by client can only be made if and when the RWP reschedules the session.
   3.       

 

3.        Refunds:
   1.         If an RWP does not join the session within 10 minutes of the start of the scheduled session  and does not reschedule within 10 minutes of the start of the scheduled session, the client is eligible for a refund automatically
   2.        If a technical failure from the Fyp Life Platform’s end prevents the session or technical failure from third party payment gateway provider due to which user is wrongly charged, a refund or rescheduling option will be provided automatically
   3.      Refunds will not be granted for missed sessions due to client’s non-attendance.
   4.      User-side issues (e.g., poor internet, device problems) will not be considered valid grounds for refunds.
   5.        Manual refund approvals for requests received through email from client will be processed within 72 hours, and amount will be refunded within 7–10 business days, subject to verification of the situation including the proper functioning of the third party payment gateway
   6.      All automatic refunds shall reflect in client’s bank account or credit card within 5-7 days, subject to the proper functioning of the third party payment gateway.

 

4.       Rescheduling:
   1.         Clients may reschedule a session anytime on Fyp Life Platform before 12 hours from the start of the session, post that rescheduling is not allowed.
   2.        RWPs may reschedule the session at sole discretion based on their availability. The platform doesn’t control their will and decision to be available.
   3.      Client can reschedule the session anytime if the RWP has rescheduled the session, subject to RWP’s slot availability on the Fyp Life Platform.
   4.      In such case as mentioned above in iii) - if no suitable slots available with the RWP for rescheduling, client can send an email to support@fyp.life for claiming refund.
   5.        If a session is disrupted due to technical failures on the Company’s end, users may be offered a rescheduling option at no additional cost.
   6.      User-side issues (e.g., poor internet, device problems) will not be considered valid grounds for rescheduling..

 

Users may book follow-up consultations at their discretion. If an RWP recommends a follow-up session, it is based on the availability of the RWP, and additional charges apply as per the standard listing price.

 

5.       Chargebacks & Fraudulent Transactions:
   1.         If a user initiates an unjustified chargeback, we may suspend their account and restrict their access to further services.
   2.        In case of fraudulent disputes, including claims intended to deceive or avoid payment obligations, we may pursue legal action.
   3.      If a customer files a chargeback without valid reasoning, the Company will dispute the chargeback with the payment gateway provider and provide supporting documentation.
   4.      Users who have initiated multiple chargebacks may be permanently banned from using the Fyp Life Platform.
   5.        If a user believes a chargeback was initiated in error, they must contact the Company within 7 days of the dispute to seek resolution.
   6.      If the Company suspects fraudulent activity, it reserves the right to conduct an internal review and may involve law enforcement authorities if necessary.

 

8.       Privacy & Data Protection

 

1.       Data Collection & Security:
   1.         The Fyp Life Platform collects user data for service purposes and complies with the Digital Personal Data Protection Act, 2023.
   2.        Data security measures prevent unauthorized access.

 

2.       Data Sharing:
   1.         The Company does not sell user data to third parties for marketing.
   2.        RWPs receive only the consultation details required to provide services.
   3.      We may share user data with regulatory authorities if required by law or for compliance with healthcare regulations.
   4.      The Company may share anonymized and aggregated data for research, statistical analysis, or service improvement, ensuring that it discloses no personally identifiable information.
   5.        If the User integrates third-party health tracking applications or services, they acknowledge and accept that data shared with such third parties is subject to their respective privacy policies.
   6.      The Digital Personal Data Protection Act, 2023, and other applicable laws will govern the handling of any shared data for processing or service fulfilment.

 

3.        Medical Records:
   1.         Users can request copies of their records at any time through their registered account or by contacting customer support. The same shall be provided within 14 days in a proprietary format at discretion of the company.
   2.        We store records for 3 years, as required under the Digital Personal Data Protection Act, 2023, and applicable healthcare regulations.
   3.      Users acknowledge medical records are confidential and will only be accessible to allow personnel, including the User, the consulting RWP, and relevant regulatory authorities if mandated by law.
   4.      RWPs are required to document consultation details, prescriptions (if applicable), and recommendations made during the session to ensure continuity of care.
   5.        The Company implements security measures to safeguard medical records from unauthorized access, loss, or alteration, ensuring compliance with data protection laws.

 

9.       Fyp Life Platform Downtime & Service Interruptions

 

1.       The Company does not guarantee uninterrupted access due to scheduled maintenance, technical failures, or external factors beyond its control. Users acknowledge that occasional service disruptions may occur.

 

2.       If the Fyp Life Platform is unavailable for over 48 hours, users may request session rescheduling or refunds, subject to company policies and RWP availability.

 

3.        The Company will make reasonable efforts to notify users of scheduled maintenance, system upgrades, or known service interruptions in advance via email, notifications, or Fyp Life Platform announcements.

 

4.       The Company is not responsible for failures caused by third-party service providers, including but not limited to internet outages, payment gateway disruptions, cybersecurity incidents, or server failures beyond the Company’s control.

 

5.       In the event of an unexpected outage, we advise users to retry accessing the Fyp Life Platform after some time or contact support@fyp.life.

 

10.   Intellectual Property Rights

 

1.       The Company retains all rights to Fyp Life Platform content, technology, and trademarks.

 

2.       Users may not copy, distribute, or exploit Fyp Life Platform content without written permission.

 

3.        If a User submits feedback, reviews, or testimonials, they grant the Company a non-exclusive, royalty-free license to use them for promotional purposes.

 

11.   Dispute Resolution & Governing Law

 

1.       Negotiation & Mediation: The parties shall first resolve, through good-faith negotiations, any dispute, controversy, or claim arising out of or relating to this agreement. If the dispute remains unresolved after 30 days, the parties may choose to attempt mediation before proceeding with arbitration.

 

2.       Arbitration: If mediation does not result in a resolution, the parties shall refer the dispute to binding arbitration in Thane, India, under the Arbitration and Conciliation Act, 1996. A sole arbitrator appointed mutually by both parties shall conduct the arbitration. If the parties cannot agree on an arbitrator, the arbitration statute’s rules will determine the appointment.

 

3.        Arbitration Procedure & Costs: The arbitrator will conduct the arbitration proceedings in English, and their decision will be final and binding on both parties. Each party will bear its own arbitration costs.

 

4.       Jurisdiction: In the event arbitration does not fully resolve the matter or requires judicial enforcement, the parties agree that the courts of Thane, India, shall have exclusive jurisdiction over any legal proceedings.

 

5.       Governing Law: The laws of India govern this Agreement and determine its interpretation. This includes, but is not limited to, the Indian Contract Act, 1872, the Information Technology Act, 2000, and other applicable regulatory provisions.

 

6.         Injunctive Relief: Nothing in this section shall prevent either party from seeking immediate injunctive relief in a court of competent jurisdiction where necessary to prevent irreparable harm.

 

12.   Applicability of Terms

 

1.       The general terms and conditions in the User Agreement apply to all present and future contracts established between the user and Fyp Life.

 

2.       This User Agreement is binding on all users of the Fyp Life Platform, including but not limited to browsers, vendors, customers, merchants, and content contributors.

 

3.        By availing any of our services, users irrevocably accept all obligations stipulated in the User Agreement, Terms of Use, Privacy Policy, and other referenced policies, agreeing to fully comply with them.

 

4.       This User Agreement supersedes any prior oral or written terms and conditions that may have been previously communicated to the user.

 

13.   Termination of Agreement

 

1.       User-Initiated Termination
   1.         Users may terminate this User Agreement at any time, provided that, all outstanding payments, if applicable, are fully settled.
   2.        Upon termination, some user information may still be stored on our servers.
   3.      If the user accesses Fyp Life services through a third party (e.g., an organization or employer), they must contact their organization to request data removal. (e.g., an organization or employer), they must contact their organization to request data removal.
   4.      If the user has registered directly on the Fyp Life Platform, they may request data deletion by contacting support@fyplife.in.
   5.        We will aim to process such requests within 14 working days, in accordance with our Privacy Policy and applicable legal regulations.

 

2.       Company-Initiated Termination
   1.         Fyp Life reserves the right to terminate this User Agreement at any time without providing a reason.
   2.        Any outstanding payments due to Fyp Life from the user must be paid in full within 30 days of termination.
   3.      Any refunds owed to the user will be processed as per our Refund Policy.

 

14.   Miscellaneous

 

1.       Force majeure: The Company is not liable for any failure or delay in fulfilling its obligations under this Agreement because of circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, cyberattacks, strikes, power failures, or other unforeseen events. In such cases, the Company shall make reasonable efforts to restore services as soon as practicable and notify affected Users of the disruption.

 

2.       The Company reserves the right to update this Agreement, and continued use of the Fyp Life Platform signifies acceptance of changes.

 

3.        Severability: If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

 

4.       Users may not assign their rights under this agreement.

 

Acknowledgment

 

By clicking ‘Accept’ button or using the Fyp Life Platform, you confirm that you have read, understood, and agreed to this Agreement. You acknowledge that the Company facilitates consultations but does not guarantee medical outcomes, uninterrupted service, or liability for third-party failures. For critical concerns, always consult an in-person medical professional.

 

For any inquiries, contact support@fyp.life.

 

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