1. Introduction and Acceptance

Welcome to Cosmo Health. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CareCosmo India Private Limited ("Cosmo Health," "Company," "we," "us," or "our"), a company incorporated under the Companies Act, 2013, with its registered office at Inside Bhalla Hospital, Thakkarwal Chowk, Pakhowal Road, Ludhiana, Punjab, 141001, India.

By downloading, installing, accessing, or using the Cosmo Health mobile application ("App"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, please do not use the App.

2. Definitions

For the purposes of these Terms:

"Services" means all healthcare, emergency response, medical consultation, diagnostic, pharmacy, ambulance, nursing care, and related services provided through or facilitated by the App.

"Society" means any gated residential community, apartment complex, or housing society that has partnered with Cosmo Health.

"Healthcare Provider" means doctors, nurses, paramedics, ambulance personnel, and other medical professionals who provide services through our platform.

"Emergency Services" means rapid-response medical care including first aid, ambulance dispatch, and emergency medical treatment.

"Partner Hospital" means healthcare facilities that have entered into agreements with Cosmo Health to provide medical services to Users.

3. Eligibility

To use the App and Services, you must:

• Be at least 18 years of age, or use the App under the supervision of a parent or legal guardian

• Be a resident, occupant, or authorized visitor of a Society that has subscribed to Cosmo Health services

• Possess a valid mobile phone number and email address

• Provide accurate and complete registration information

• Have the legal capacity to enter into binding contracts

4. Account Registration and Security

4.1 Registration

You must create an account to access the App's features. During registration, you agree to provide accurate, current, and complete information about yourself, including your name, contact details, residential address within the Society, and any relevant medical information that may assist in providing emergency services.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Cosmo Health of any unauthorized use of your account or any other security breach. Cosmo Health shall not be liable for any loss arising from unauthorized use of your account.

4.3 Family Members

You may add family members residing at your address to your account. You represent that you have the authority to bind such family members to these Terms and that all information provided about them is accurate.

5. Description of Services

5.1 Emergency Response Services

Cosmo Health provides rapid-response emergency medical services, including:

• 7-minute first aid response by trained nurses within the Society premises

• Ambulance dispatch and emergency transportation

• Basic Life Support (BLS) and stabilization

• Coordination with Partner Hospitals for patient admission

5.2 Non-Emergency Healthcare Services

We also facilitate access to:

• Doctor consultations (in-person and telemedicine)

• Home nursing care and health check-ups

• Diagnostic services and lab sample collection

• Pharmacy and medicine delivery

• Physiotherapy and home healthcare

• Health awareness programs and preventive care

5.3 24x7 Central Helpline

Our central helpline operates 24 hours a day, 7 days a week, to coordinate emergency responses, schedule appointments, and assist with healthcare inquiries.

6. Medical Disclaimer

6.1 Not a Substitute for Professional Medical Care

THE APP AND SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Always seek the advice of qualified healthcare providers with any questions regarding medical conditions. Never disregard professional medical advice or delay seeking treatment because of information or services accessed through the App.

6.2 Emergency Situations

While we strive to provide rapid emergency response, you should also call national emergency services (108/102) in life-threatening situations. Cosmo Health's services are designed to supplement, not replace, government emergency services.

6.3 Healthcare Provider Independence

Healthcare Providers accessible through the App are independent professionals. Cosmo Health does not practice medicine and does not interfere with the practice of medicine by Healthcare Providers. All medical decisions are made solely by the Healthcare Provider and the patient.

7. Fees, Payment, and Subscription

7.1 Subscription Model

Cosmo Health operates on a subscription basis through Societies. The subscription fee is typically added to your monthly maintenance charges as determined by your Society's Resident Welfare Association (RWA).

7.2 Additional Service Charges

Certain services may incur additional charges beyond the subscription, including but not limited to: emergency ambulance transportation outside the Society, specialized medical procedures, pharmacy purchases, diagnostic tests, and home healthcare services. All applicable fees will be clearly displayed before you confirm any service request.

7.3 Partner Hospital Discounts

Subscribers may be eligible for discounts at Partner Hospitals. These discounts are subject to the terms agreed upon between Cosmo Health and the respective Partner Hospitals and may vary.

7.4 Payment Methods

Payments for additional services may be made through the App using accepted payment methods including UPI, credit/debit cards, net banking, and digital wallets. All payment processing is handled by secure third-party payment gateways.

8. User Responsibilities and Conduct

As a User, you agree to:

• Provide accurate and complete medical history and information

• Use the emergency services only for genuine medical emergencies

• Grant access to Healthcare Providers to your residence when services are requested

• Follow medical advice and treatment plans as prescribed

• Treat Healthcare Providers and Cosmo Health staff with respect

• Pay all applicable fees in a timely manner

• Not misuse, abuse, or make false emergency requests

• Comply with all applicable laws and regulations

9. Consent for Medical Treatment

9.1 General Consent

By requesting services through the App, you provide informed consent for Healthcare Providers to perform necessary medical assessments, first aid, and treatment appropriate to your condition.

9.2 Emergency Consent

In emergency situations where you may be unconscious or unable to provide consent, you authorize Cosmo Health and its Healthcare Providers to take necessary life-saving measures and transport you to the nearest appropriate medical facility.

9.3 Right to Refuse

You have the right to refuse medical treatment at any time. However, refusal of treatment shall be documented, and you acknowledge that Cosmo Health and Healthcare Providers shall not be liable for any consequences arising from such refusal.

10. Intellectual Property

The App, including its content, features, functionality, design, trademarks, logos, and all intellectual property therein, is owned by Cosmo Health and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on the App without our express written permission.

11. Privacy and Data Protection

Your use of the App is subject to our Privacy Policy, which describes how we collect, use, store, and protect your personal and health information. By using the App, you consent to such collection and use as described in the Privacy Policy.

We are committed to protecting your personal health information in compliance with applicable data protection laws in India, including the Information Technology Act, 2000, and any rules or regulations thereunder.

12. Limitation of Liability

12.1 Service Limitations

While we strive to provide timely and effective services, Cosmo Health does not guarantee that emergency response will always be achieved within the targeted timeframe due to factors beyond our control, including but not limited to traffic conditions, weather, access restrictions, or simultaneous emergency demands.

12.2 No Warranty

THE APP AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.3 Limitation of Damages

To the maximum extent permitted by applicable law, Cosmo Health, its directors, employees, partners, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use or inability to use the Services.

12.4 Cap on Liability

Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the amount paid by you for the Services in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cosmo Health, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from: (a) your use of the App or Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any false or misleading information you provide.

14. Third-Party Services

The App may contain links to or integrate with third-party services, including Partner Hospitals, diagnostic labs, pharmacies, and payment gateways. These third-party services are governed by their own terms and privacy policies. Cosmo Health is not responsible for the content, accuracy, or practices of any third-party services.

15. Termination

15.1 Termination by User

You may stop using the App at any time. To delete your account, please contact our support team through the App or at the contact information provided below.

15.2 Termination by Cosmo Health

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without cause, including for violation of these Terms, misuse of Services, non-payment of fees, or if your Society discontinues its subscription.

15.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification.

16. Dispute Resolution and Governing Law

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

16.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Ludhiana, Punjab, India, in the English language, by a sole arbitrator mutually appointed by the parties.

16.3 Jurisdiction

Subject to the arbitration clause above, the courts of Ludhiana, Punjab, India shall have exclusive jurisdiction over any matters arising from these Terms.

17. Modifications to Terms

Cosmo Health reserves the right to modify these Terms at any time. We will notify you of material changes through the App or via email. Your continued use of the App after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Cosmo Health regarding the use of the App and Services.

18.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to reflect the parties' intention, and the remaining provisions shall remain in full force and effect.

18.3 Waiver

The failure of Cosmo Health to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms without Cosmo Health's prior written consent. Cosmo Health may assign these Terms without restriction.

18.5 Force Majeure

Cosmo Health shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, civil unrest, government actions, or disruptions to telecommunications or power infrastructure.

19. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or our Services, please contact us at:

CareCosmo India Private Limited

Inside Bhalla Hospital, Thakkarwal Chowk
Pakhowal Road, Ludhiana, Punjab, 141001, India

Email: hello@cosmohealth.co

Website: cosmohealth.co

20. Acknowledgment

By clicking "I Agree," creating an account, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.