1.General

MGM Malar, (hereinafter ‘MGM’) provides services to all individuals accessing or using its website mgmmalar.in or its app, MGM Connect (collectively “Platform”) for any reason (“you”, “yours”, “User”) subject to the notices, terms and conditions set forth in these terms and conditions.

The above-mentioned website and Appellant are operated by MGM and MGM may assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions to any third party, as it may deem fit. The user shall continue to be bound by these Terms and Conditions in the event of such assignment, transfer or subcontracting.

Any accessing or browsing of the Platform and using the Services (as defined in these Terms and Conditions) indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms and Conditions, then you may discontinue access or use of the Platform.

2.Eligibility

When you use the Platform, you represent that you meet the following primary eligibility criteria:

• You are at least 18 years old or accessing the Platform under the supervision of a parent or guardian, who in such a case will be deemed as the recipient / end-user of the Services (as defined in these Terms and Conditions) for the purpose of these Terms and Conditions.
• If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material the sale or purchase of which to/by minors is prohibited and which is for consumption by adults only.
• You are legally competent to contract, and otherwise competent to receive the Services (as defined in these Terms and Conditions). Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform.
• You have not been previously suspended or removed by MGM or disqualified for any other reason, from availing the Services.
• MGM reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if MGM discovers that you are under the age of 18 years

3.Our Services

Through the Platform, we provide you with the following services (“Services”):

• Creating and maintaining user accounts:

Users need to register on the Platform in order to use the Platform or the Services provided through the Platform. In order to register, you have to provide certain personal details including but not limited to your name, phone number, email address, birth date, gender, etc.

• Scheduling an appointment for medical consultation:
  • You can book an appointment for a medical consultation with a healthcare or wellness service provider / doctor / physician (“HSP”) listed on the Platform. Medical consultations on the Platform shall be available for family physician & multi specialties.
  • You will receive a confirmation of appointment for a medical consultation with an HSP of your choice, on the Platform and / or via SMS and / or email and / or an online communication or messaging service. We reserve the right to reschedule or cancel an appointment without any prior notice. The time provided for consultation to you is indicative and actual consultation time may change depending on the consulting HSP’s discretion. Consultations can be booked, rescheduled or cancelled free of cost up to thirty minutes prior to the start of the appointment for an audio / video / chat-based consultation (“Online Medical Consultation”) and up to thirty minutes prior to the start of the appointment for a physical visit-based consultation.
  • Your consulting HSP reserves the right to provide a free review, post medical consultation.

• Holding medical consultations:

You can have an Online Medical Consultation via audio call or video call or chat on the Platform with the HSP selected by you:

• • Please ensure that you are equipped with proper video conference equipment and internet connectivity as required for the service you want to avail. In case of inadequate video conference equipment, technical error or defective internet connectivity, we reserve the right to reschedule or cancel your appointment without any notice.
  • You understand and acknowledge that there will not be any physical examination involved and the Online Medical Consultation services shall be provided remotely in accordance with these Terms and Conditions. The opinion delivered by the HSP shall solely be based on the verbal communication between the concerned HSP and the patient, and any test reports and other information provided/uploaded by you on the Platform.
  • Your medical records may be viewed by the HSP on the chat facility provided on the Platform in the course of medical consultations and will remain accessible to you for a specific number of days after a particular consultation concludes, as determined by the HSP.
  • The Services are not meant in any way for emergency and life-threatening conditions. It is advised to take the patient to the nearest hospital in such cases.
• Booking diagnostic tests:

You may book an appointment for seeking the diagnostic tests and packages offered by a HSP on the Platform. You may book diagnostic test(s) and package(s) on the Platform and visit the concerned diagnostic centre / lab of the HSP or schedule the sample pickup from home by the HSP.

• • Receiving e-prescription from the HSP based on the medical consultation.
  • Accessing your medical records on the Platform.
  • Any other service that is made available on the Platform from time to time subject to the scope of services specified under Section 4 below.

4.Your use of the Platform

As an end-user and recipient of Services, when you use the Platform, you agree to the following conditions of use:

• Due diligence conditions:
  • You are solely responsible for the medical, health and personal information you provide on the Platform, and you are requested to use your discretion in providing such information.
  • The advice or the services provided by the HSP will depend upon the information you provide on the Platform. You will provide accurate and complete information everywhere on the Platform, based on which you will receive the Services.
  • You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you.
  • The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc., as stated in our Privacy Policy. Please separately review and consent to our Privacy Policy, accordingly.
  • The information provided by you can be retained by us and can be used without revealing your identity, as per our Privacy Policy.
  • We reserve the right to refuse service or terminate accounts at our discretion, if we believe that you have violated or are likely to violate applicable law or these Terms and Conditions.

• Scope of Services:
  • The Services availed by you from a HSP via the Platform are an arrangement between you and the HSP you select. The Platform only facilitates connections between you and the HSP and bears no responsibility for the outcome of any such medical consultation or other Services obtained by you.
  • MGM shall not be liable for deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation error / perception error / adverse events / inefficacy of prescribed treatment or advice or investigation reports / validity of the advice or prescription or investigation reports provided by the HSP / unavailability of the recommended or prescribed treatment or medication under any condition or circumstances. Users are advised to use their discretion for following the advice obtained post medical consultation with HSP via the Platform or post Services.
  • MGM only facilitates the connections between you and the HSP established through the Platform and does not in any way facilitate, encourage, permit or require you to contact the HSP outside the Platform. Any contact between you and the HSP through the Platform, will be subject to these Terms and Conditions.
  • If you are redirected to, or visit, any other website or app from the Platform, including for the purposes of browsing, or when the placement and / or fulfilment of an order of any product/service (or any other aspect related thereto) takes you to a different website/platform, MGM will not be responsible for products or services received or purchased by you on such other website or platform, or any aspect of your experience on such website or any representations and details provided on such website/platform concerning products/services being displayed or sold by such website/platform.
  • You may view and access the content available on the Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You shall not modify any content on the Platform or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.

• • Prohibitions:
    • You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Platform or any portion of it unless expressly permitted by MGM in writing.
    • You may not make any commercial use of any of the information provided on the Platform.
    • You may not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
    • You may not upload any content prohibited under applicable law, and / or designated as “Prohibited Content” under Section 5.
    • You may not contact or make any attempt to contact the concerned HSP for a consultation, follow up to a prior medical consultation or for any other reason outside the Platform via email, SMS, messaging services or any other mode of communication outside the authorized channels.
    • You may not assign, transfer, or sub-contract any of your rights or obligations under these Terms or any related order for Products to any third party, unless agreed upon in writing by MGM.

5.Prohibited Content

You shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that:

• belongs to another person and which you do not own the rights to;
• is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
• is hateful, racially or ethnically objectionable, disparaging of any person;
• relates to or seems to encourage money laundering or gambling,
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law in India for the time being in force;
• deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses and malicious programs;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• incites any offence or prevents investigation of any offence or insults any other nation;
• is abusive or inappropriate to the HSP conducting your medical consultation or any employees, consultants or technicians of MGM who you may interact with for availing Services; and
• is not relating to the medical consultation or relating to any of the services you avail from us.

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the Platform.

6.Indemnity

You agree and undertake to indemnify and keep indemnified MGM and the concerned HSP (“Indemnified Persons”) for any losses, costs, charges and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of:

• deficiency or shortfall in Services / misdiagnosis / faulty judgment / interpretation errors / perception error arising from:
  • your failure to provide correct and / or complete clinical information / history about the patient in timely and clinically appropriate manner; or
  • suppression of material facts; or your failure to provide relevant clinical information about the patient; or
  • misinterpretation of the advice / prescription / diagnosis / investigation report by you; or
  • failure to follow doctor’s advice / prescription by you; or
  • failure to follow instructions of the HSP in respect of the Services or medical procedures prescribed by the HSP by you;
• incorrect or inaccurate credit / debit card details provided by you; or
• using a credit / debit card which is not lawfully owned by you; or
• you permitting a third party to use your password or other means to access your account.

7.Limitation of Liability

By using our Services, you confirm that you understand and agree to the following:

• The Services availed by you from a HSP via the Platform are provided to you by the HSP you select, and not by MGM. The limitation of liability specified in this section also applies to any services availed by you from any third-party seller of services listed on the Platform.
• The Platform only facilitates communications between you and the HSP and as such MGM bears no responsibility for the quality and outcome of any such Services obtained by you from the respective HSP, to the extent permitted by applicable law.
• MGM itself does not provide any medical consultation or diagnostic services. If you receive any medical advice / investigation reports from a HSP you have contacted through the Platform, you are responsible for assessing such advice, and reports the consequences of acting on such advice or reports, and all post-consultation follow-up action, including following the HSP’s instructions.
• In the event that MGM markets or promotes any Services to you, please note that such Services will be provided by the relevant HSP, and you are responsible for undertaking an assessment regarding the suitability of such Services and such HSPs for your purposes. Marketing or promotion of Services should be considered as being for informational purposes only, and does not constitute expert advice on the suitability of such services for your specific healthcare needs.
• The Services provided through the Platform is not intended in any way to be a substitute for face-to-face consultation with a doctor. MGM advices the Users to make independent assessment in respect of its accuracy or usefulness and suitability prior to making any decision in reliance hereof.
• To the extent permitted by applicable law, MGM will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to: (i) these Terms and Conditions and Privacy Policy; (ii) your use or inability to use the Platform; (iii) your use or inability to use the AI assistant (iv) your use of any third-party services including Services provided by any HSP you contacted through the Platform.

This section shall survive the termination of this Agreement and the termination of your use of our Services or the Platform.

8.Data & Information Policy

We respect your right to privacy in respect of any personal information provided to us for the purposes of availing our Services. To see how we collect and use your personal information, please see our Privacy Policy.

9.Intellectual property and ownership

You recognize and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the Platform belong to us at all times or to those who grant us the license for their use. No use of these may be made without the prior written authorization of MGM.

10.Other conditions

Please note that your payments are processed in accordance with applicable law and you may refer to our Payment and Refunds Policy for details.

• AI Assistant

We use an AI assistant to guide patients seeking medical help or treatment from the Platform. This AI assistant’s primary purpose is to allow users to book appointments by letting them enter their symptoms, medical conditions or treatment that they are seeking to consult with a HSP.

You understand that:

• • you should never use the AI assistant in a medical or psychiatric emergency;
  • in case of an emergency, you should dial +91 44 4200 4200 or visit the emergency department at MGM;
  • you can use this Platform on behalf of other users (third parties) only if you are a legal guardian of such persons, meaning that you have the legal authority to care for the personal and property interests of such person; and
  • no content on the Platform, is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment.

The user may be directed to chat or call with our patient support team, in certain cases which include but are not limited to the following:

• • Uncertain outcome from the AI assistant;
  • Change in schedule of appointment;
  • Incomplete appointment booking;
  • Any other case as deemed appropriate by MGM.
• Accuracy of Information Displayed

We have made every effort to display, as accurately as possible, the information provided by the relevant third parties including HSPs. However, we do not undertake any liability in respect of such information and or with respect to any other information in regard to which you are capable of conducting your own due diligence to ascertain accuracy.

11.Third party links and resources

Where the Platform contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites/platforms or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

MGM is neither guaranteeing nor making any representation with respect to the goods or services made available or sold by such third party. MGM does not provide any warranty or recommendation in relation to the products and/or services made available to you by such third parties during your access or use of such third-party website/platform including in relation to delivery, services, suitability, merchantability, reliability, availability or quality of the products and/or services.

You shall not hold MGM, its group entities, affiliates, or their respective directors, officers, employees, agents and/or vendors responsible or liable for any actions, claims, demands, losses, damages, personal injury, costs, charges and expenses which you claim to have suffered, sustained or incurred, or claim to suffer, sustain or incur, directly or indirectly, on account of your use or access of third-party website/platform.

MGM is not a party to any contractual arrangements entered into between you and the third-party website/platform. We are not the agent of the third party and such third-party website/platform is governed exclusively by its respective policies over which MGM has no control.

The use of such link to visit the third-party website/platform implies full acceptance of these Terms and Conditions. MGM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content available on or through any such third party linked website, including without limitation any form of transmission received from any third-party website (including without limitation APL) or its server.

12.Amendments

We may from time-to-time update or revise these Terms and Conditions. Every time you wish to use the Platform, please check the relevant Terms and Conditions and Privacy Policy to ensure you understand the terms that apply at that time.

13.Force majeure

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include, but is not restricted to, any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

• Strike, lockout or other forms of protest
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
• Inability to use public or private transportation and telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority including any judicial determination.

Our obligations deriving from any contracts should be considered suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time we shall communicate to you, not being less than the time that the situation of Force Majeure lasted.

14.Termination:

• We may terminate this arrangement at any time, with or without cause. If you wish to terminate this arrangement, you may do so at any time by discontinuing your access or use of this Platform.
• We reserve the right to refuse the use of Services immediately in case your conduct is deemed by us to be in contravention of applicable acts, laws, rules and regulations or these Terms and Conditions or considered to be unethical / immoral.
• For change in law specifically, we reserve our rights to suspend our obligations under any contract indefinitely, and / or provide Services under revised Terms and Conditions.

15.Applicable legislation and jurisdiction

The use of our Platform shall be governed by the laws applicable in India. Any dispute relating to the use of our Services shall be subject to the exclusive jurisdiction of the courts at Chennai, India.

16.What is Personal Information?

Personal information is that information which can be used to directly or indirectly identify you. It includes de-identified data that, when linked to other information available to us, would enable us to identify you. Personal data does not include data that has been irreversibly anonymised or aggregated so that we cannot identify you through it, even in conjugation conjunction with other information.

“Sensitive Personal Data or Information” means personal information of any individual relating to password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; health information such as medical records and history; biometric information; any detail relating to the above as provided to or received by us for processing or storage. However, any data / information relating to an individual that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law shall not qualify as Sensitive Personal Data or Information.

By signing up on the App or proceeding to the Website, and / or using our Services you represent that you voluntarily provide us with personal information including medical and financial information and consent to their collection, use and disclosure in accordance with this Privacy Policy. You also represent that you are duly authorised by any third party (including a child or an employee) whose information you share with us. We shall act as per your representation of authority and shall not make any independent enquiries to ascertain the veracity of your authorisation. In the event you do not have sufficient authorisation you shall be solely responsible for your acts and omissions including sharing of information with us by you and the consequential processing and actions taken by us in accordance with this Privacy Policy.

17.What types of data do we collect?

The Website/App, like many other websites uses “Cookies”. Cookies are small data files that a website stores on your web browser. These are used for the purpose of storing your preferences, previous activities browsing activities, profiling and tracking behaviour on this Website. By visiting the App or Website, you acknowledge, accept and expressly authorize the placement of cookies on your web browser. We recommend that you clear the cookies stored on your browser from time to time.

When you sign up or register on the App or Website to use our Services, and during the course of actual usage of our Services, the types of information that will be collected by us include the following:

• Contact information: Name, Address, Contact details, Email ID, Phone Number;
• Demographic information: Gender, Date of Birth, Nationality;
• Data regarding your usage of the Services such as search history and history of the appointments made by you through the use of Services;
• Financial information such as bank account or other payment instrument details and billing information other than credit card or debit card or payment account number, subject to applicable laws;
• Your browsing history including the URL of the site that you visited prior to visiting the Website as well as the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, the name of your ISP;
• Any additional information that you provide to us during the use of the Services, through any mode of communication or during any interaction with our employees, doctors, technicians, consultants, etc., of or any other entity in the MGM Group including while availing its services;
• Health information such as your medical records and history which you voluntarily provide or is generated on usage of any of the services availed by you from any entity in the MGM Group;
• Information regarding your insurance coverage (such as your insurance carrier and insurance plan) which you voluntarily provide or is generated on availing any of the Services;
• Information regarding your physical, physiological and mental health condition which you voluntarily provide or is generated on usage of the Services including information such as (i) inpatient and emergency department data; (ii) outpatient registration, scheduling, and encounter data; (iii)laboratory data; (iv)radiology data; (v)pharmacy orders data; (vi)e-prescribing data;(vii) pharmacy dispensing data; (vii) medical administration data; (ix) administrative and operational data; (x) transaction data;
• Any other information that is collected or generated in the course of availing the Services;
• Data regarding your medical qualifications, registrations and certifications;
• Any other detail relating to the above as voluntarily provided to us by you, for providing value added service; and
• Any other information relating to the above which you may have shared with us prior to this Privacy Policy for availing any of the Services.

18.Where do we collect your data from?

For end users:

• Any information that you voluntarily choose to provide to us through App, Website, email, during interaction with us on call or chat and other modes of communication;
• Information that we collect from healthcare service providers (“HSPs”) such as doctors, hospitals, diagnostic centres, chemists etc. in the MGM Group, to whom you have permitted the sharing of your personal information;
• Data you have provided to any group company of the Company, affiliates, associates, subsidiary, holding company of the Company, associates and subsidiaries of holding company of the Company, to whom you have given consent for sharing of such information.

For doctors:

• Before on boarding you, we may request information regarding your qualifications, experience, public profile, and representations made by you to us;
• During your usage of the App /Website, we may collect information based on your use of the Services;
• We may collect other information that you voluntarily choose to provide to us through App, Website, email, during interaction with us on call or chat and other modes of communication;
• We may collect information from any group company, affiliates, associates, subsidiary, holding company of the Company, associates and subsidiaries of holding company of the Company to whom you have given consent for sharing of information for availing value-added service.

19.How do we use your data?

We use your personal information for purposes that include the following:

General (end users and doctors):

• Your registration for the purpose of receiving our Services, identification, communication, notification;
• Offering you personalized Services and targeted advertisements of various healthcare and wellness plans and offering you customised health insights;
• Addressing your requests, queries and complaints, if any, pertaining to our Services; taking feedback, assisting you with completion of transactions or other issues relating to the use of Services and other customer care related activities;
• Leveraging services from MGM group companies and customising suggestions for appropriate medical products and services;
• Creating insights for corporate / business strategy and marketing operations of MGM group companies;
• Developing machine learning algorithms and tools to improve targeting of services, diagnostics and treatment protocols and other products and services;
• Contacting you to provide information on new Services, features, products, special promotions or offers, both of the MGM group entities and affiliates as well as third-party offers or products with whom we have a tie-up and which are relevant to use of the Services;
• Technical administration and customization of Website, and other general administrative and business purposes;
• Research (internal or otherwise), fraud, security, risk management and analysis for the development and improvement of products and services including the provision of tokenisation services offered by Payment Aggregators/ Card Networks etc. as per Card Networks Rules;
• Disclosure as required to government authorities in compliance with applicable law;
• Carrying out our obligations in relation to any agreement with affiliate companies, MGM group companies, our business partners or contractors including, but not limited to, for the provision of tokenisation services to Payment Aggregators / Card Networks / Card Issuers, on global basis as necessary to provide the tokenisation services, or for compliance of applicable laws, regulatory requirements or investigations;
• Investigating, enforcing and resolving any disputes or grievances; and
• Any other purpose required by applicable law.

For end users only:

• Creation and maintenance of health records in electronic form in the Personal Health Record (PHR) database for use by us and the MGM group companies, affiliates, etc., to provide relevant services;
• Create your unified profile with analytics and insights generated through processing your personal information;
• For sharing with your chosen HSP in the MGM Group like doctors, hospitals, diagnostic centres, chemists who may provide you services under the App or Website;
• Processing any orders/requests you may place using our Services.

For doctors only:

• For verifying your professional credentials and any representations you have made to us;
• For processing any payments made to you;
• For providing recommendations to end users based on your expertise and specialisations;
• For providing any other service to you.

20.How long will we retain your data?

We store your personal information in accordance with applicable laws, which means we keep your data for as long as necessary to provide you with our Services or as may be required under any law. We shall store your personal information for lawful purposes only. We keep de-identified data for research and statistical purposes for a longer period.

If you close your account, we have no obligation to retain your data, and we may delete any or all of your data without liability. However, we may retain data related to you if we believe it may be necessary to prevent fraud or future abuse, or if required by law, or for other legitimate purposes. We may continue to store your data in anonymised or de-identified form for analytical, research or other purposes for which your information is collected as previously indicated.

21.Disclosure and transfer of your data

We may share, disclose and in some cases transfer your personal information to such entities as required to provide Services to you, improve our Services, and to provide value added services or other third party products and services, to the extent permitted by applicable law. These entities may be located outside India, which you hereby consent to. We require such entities to protect your information through equivalent security measures as what we would adopt. An indicative list of entities we may disclose or transfer information to, are provided below:

• Service Providers: We share personal information with companies that provide Services on our behalf, such as website hosting, data storage, software services, email services, marketing, fulfilling customer orders, providing payment related services including payment aggregation, data analytics, data mining, providing customer services, and conducting surveys, as permitted by applicable law. These companies may be located within or outside India, but in any case, are obligated to protect your data.We may also share information with employees, data processors, consultants, business partners and technology partners on a need-to-know basis. Such entities would be contractually obligated to maintain confidentiality in relation to your data.If you are an end user, your personal information will also be shared with your chosen HSPs.
• Business Affiliates: We may disclose or transfer some of your information to entities in the MGM group companies, affiliates, associates, subsidiary, holding company of the Company, associates and subsidiary of holding company of the Company including foreign entities, and in particular group companies and affiliates who are involved in the provision of products and services, to the extent permitted by applicable law.In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer, asset sale, or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all personal information to the relevant third party with the same rights of access and use.
• Law Enforcement Agencies: We may share information with law enforcement agencies pursuant to lawful requests for information, and otherwise as required under any law applicable at the given time, both in India and outside India.
• Other Third Parties:
  • We may also disclose personal information if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.
  • We may disclose personal information to any third party if necessary to provide or improve our Services, fulfill any lawful contractual obligation we are bound by, and any other activity related to the purposes identified in this privacy policy and the terms and conditions you agree to when you use our Services.
  • Anonymised, aggregated data may be shared with advertisers, research firms and other partners.

22.How do we protect your data?

We are committed towards maintaining the privacy of the information uploaded by you on the Website and complying with the industry standard security safeguards for the purpose of securing the Website and the information provided / uploaded by you.

We use reasonable technical, administrative, and physical security measures for the purpose of safeguarding all data you share with us. We also have comprehensive internal policies in place to prevent unauthorized access to your data. We take adequate steps to ensure that third parties we share data with also adopt reasonable level of security practices and procedures to ensure the privacy and security of your information.

However, we are not responsible for any loss, unauthorised access, safety issue or any harm caused to you by any misuse of your personal information, unless it is a direct and foreseeable consequence of negligence and non-compliance on our part only. You hereby acknowledge that we are not responsible, in particular, for any third-party action or action on your part leading to loss, damage or harm to you or any other person.

For any data loss or theft due to unauthorized access to your electronic devices through which you avail our Services, Company shall not be held liable for any loss whatsoever incurred by you. Further, you are liable to indemnify the Company as per the Terms of Use.

23.What are your rights?

We take reasonable steps to ensure that your personal information is accurate, complete, and up to date. However, you have the sole responsibility of ensuring that you review the accuracy of information provided by you and contact us in case of discrepancies, or in case you wish to discontinue the use of our Services. You have the following rights with regard to your personal information:

• You have the right to access your personal information, and request updation, correction and deletion. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through the website or App. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or subsequently becomes untrue, inaccurate, out of date or incomplete), or we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, we may, at our sole discretion, discontinue the provision of the Services to you. There may be circumstances where we will not correct, delete or update your personal information, including (a) where the personal information is opinion data that is kept solely for evaluative purpose; (b) the personal information is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed; and(c) where your information has already been processed in de-identified form.
• You are free to not to share any medical or other information that you consider confidential and withdraw consent for us to use data that you have already provided. In the event that you refuse to share any information or withdraw consent to process information that you have previously given to us, we reserve the right to restrict or deny the provision of our Services for which we consider such information to be necessary.

24.Third Party Websites and Services

Our Website and App may contain links to third party services, and give you the ability to access such third-party websites, products, and services. Please note that you may proceed to the use of such third-party website or service at your own risk and the Company will not be held liable for any outcome or harm arising as a result of your use of such third-party websites or services. Please read the privacy policies of any third party before proceeding to use their websites, products, or services.

25.Changes to this Privacy Policy

Any changes to our Privacy Policy will be posted on the Website/ App and will become effective as of the date of posting. Please review the Privacy Policy from time to time to make sure you are aware of any changes. If you do not agree with any such revised terms, please refrain from using our Services and contact us to close any account you may have created.