Terms of Service

1. INTRODUCTION AND ACCEPTANCE

These Terms of Service (“Terms”) are a contract between you and Total Health Care LLC entity set out in Schedule 1 (referred to in these Terms as "THC", "us", "we" or "our"), the provider of the THC websites, applications, and other offerings from THC and the services accessible from them (collectively, the “Platform”).

The Platform primarily provides access that enables health care service providers such as hospitals, medical doctors, diagnostic centers and laboratories, pharmacies, health insurance providers, health facilities operators and other health practitioners whatsoever, to provide medical related services to patients and also for patients to engage with any such health care professionals.

The Platform offers an online venue that enables users (“Users”) to publish, offer, search for, book health care and related services. Users who publish and offers health care and related services are “Healthcare Providers” and Users who search for, book, or use the health care and related services or other service offerings are “Healthcare Seekers”. Healthcare Providers offer various health care services including but not limited to health plans, consultation, diagnostic and laboratory tests, medication, medical equipment rental, health insurance, pharmaceutical services, ambulance services. Healthcare Providers may also utilize the Platform to run their facility’s day to day operations. You must register an account to access and use any features of the Platform and must keep your account information accurate. Note however that by using the Platform whether you register an account or not, you are deemed to have assented to and are bound by these Terms of Service.

As the provider of the Platform, THC does not own, control, offer or manage any of the Health Services nor does THC control or direct the Health Seekers. THC is not a party to the contracts entered into between Healthcare Providers and Healthcare Seekers using the Platform, nor is THC a medical agency, health insurance provider. THC is not acting as an agent or representative in any capacity for any User, except as specified in the Payments Terms for use of the Platform ("Payment Terms"). To learn more about THC's role see Section 9.

These Terms, together with our privacy policy and any additional terms (as may be amended and notified to users from time to time) govern your use of our Platform or other applications that we now or in the future may offer (“Applications”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM OR ANY APPLICATION. BY BROWSING, ACCESSING AND/OR USING THE PLATFORM (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME) YOU ARE CONFIRMING YOUR ACCEPTANCE AND AGREEING TO BE BOUND BY THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE "AMENDMENT; ADDITIONAL TERMS" SECTION BELOW.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM OR ANY APPLICATION. BY BROWSING, ACCESSING AND/OR USING THE PLATFORM (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME) YOU ARE CONFIRMING YOUR ACCEPTANCE AND AGREEING TO BE BOUND BY THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST STOP NOW AND PLEASE DO NOT USE THE PLATFORM OR APPLICATIONS. IN THESE TERMS, "YOU" REFERS BOTH TO YOU AS AN INDIVIDUAL AND TO THE ENTITY YOU REPRESENT. IF YOU VIOLATE ANY OF THESE TERMS, WE RESERVE THE RIGHT TO CANCEL YOUR ACCOUNT OR BLOCK ACCESS TO YOUR ACCOUNT WITHOUT NOTICE. THESE TERMS SHALL BECOME EFFECTIVE THE MOMENT YOU ACCESS OR USE THE PLATFORM AND IT SHALL REMAIN IN FORCE FOR AS LONG AS YOU ACCESS AND USE THE PLATFORM. EACH TRANSACTION ON THE PLATFORM IS SEPARATE AND GOVERNED BY THESE TERMS SEPARATELY.

Applicable law, when used in these Terms include all laws, codes, treaties, ordinances, decrees, statutes, rules, guidelines and regulations of a relevant authority having jurisdiction and lawful authority over you or THC, the Health Service, Platform and/or the performance of obligations herein, which a Party is under lawful obligation to comply with; and any reference to an applicable law shall include all duly constituted statutory and regulatory action of any relevant authority, whether gazetted or circulated by public notice by any such government or governmental agency charged by the relevant authority to consolidate, amend or replace such applicable law and shall include all rules and regulations duly promulgated or waived thereunder.

2. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

A. We claim no ownership rights over the content submitted or created exclusively by you in your use of the Platform. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide access and availability of the Platform to you, statistical data and for marketing purposes. You hereby indemnify THC and its directors, officers, shareholders, affiliates and agents, on a full cost indemnity basis, against all actions, damages, claims, cost, expenses, investigations, proceedings, penalties, interests and demands in relation to any alleged infringement of any intellectual property brought onto the Platform by you.

B. Similarly, any reporting data we collect from your use of the Platform remains yours. By using the Platform, you agree that we can use this data solely to enhance your use (and user-experience) of the Platform, and you also agree that as long as the data is anonymized and does not identify you or products or services, we can combine this anonymized data with the anonymized data of other Users solely to provide benchmarking, public reports or to otherwise use it to provide access and availability of the Platform. THC shall ensure compliance with the provisions of the applicable Data Protection Regulations in the locale of use as amended from time to time in respect of data security and privacy, collection, and use of data.

Subject to clause 2A, THC shall be allowed to the fullest extent necessary in law to include your trade name, marks, or logo (“marks”) on its website or other promotional documents for the sole purpose of publicity or marketing of the Platform at no cost and without any liability.

C. THC shall own all content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Platform Content”) and all intellectual property rights to the same are owned by us, our licensors, or both.

Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Services are owned by us, our licensors, or both. You agree to not copy, modify, transmit, create any derivative works from, make use of, reproduce or re-engineer in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through our Platform or Application, without first obtaining the prior written consent of THC or, if such property is not owned by THC, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

D. The Platform and the contents of the Platform are copyrighted under the copyright laws. THC logos are trademarks of THC and may not be used without our express written permission. You may not duplicate, copy, or re-use any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Platform.

3. USER REGISTRATION

A. Eligibility: Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 18 years of age or older. Use of the Platform is not for persons younger than 18 years of age. You should not register with the Platform if you are under 18 years of age. By using the Platform, you confirm and represent to us that you are at least 18 years of age.

B. Access: Further to 3A, to have access to the Services provided herein, you are required to register either as a Health Care Provider or Healthcare Seeker.

C. Registration Information: You must provide a valid permanent email address, identity card/corporate information, along with any other information required by THC along with any other requirements during the registration process. One person or legal entity may not maintain more than one free account.

D. Password: You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation.

E. Profile: All registered Users shall ensure that all health and registration information provided are true, accurate and complete. By providing the information, you confirm, warrant and represent to THC (and THC is entitled to rely on) that all information provided in the course of registration is complete, true and accurate and, if such information changes, you will promptly update the relevant information. During registration, you will create a username (email address) and password ('Profile') which may permit you access to certain areas of the Platform (or contents thereof) not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Profile and shall not permit third party use of your Profile nor transfer your Profile to any third party. Nonetheless, you agree to be solely responsible and liable for any activity (including costs thereof) that occurs under your Profile, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your Profile.

F. Data Residency and Storage Consent: By creating an account and selecting a country of use during the signup process, the User expressly acknowledges and agrees that their personal information, medical records, and any other data submitted through the THC platform will be stored, processed, and maintained in the database and data center infrastructure designated for that region or country. The User further understands and agrees that: Data residency is determined by the country selected at registration and may be subject to that country’s data protection and privacy laws. THC may transfer or replicate data across secure servers within the same designated region for redundancy, backup, and service continuity. By proceeding with registration, the User provides informed consent to such data storage, processing, and residency arrangements as part of their use of the platform.

G. Restrictions: You agree not to use the Platform or render or use any Health Service in or for any illegal, unauthorized or improper manner or purpose and agree that the Platform or service will only be used in a manner that complies with these Terms and all applicable laws, rules, and regulations including all applicable state, federal and international internet, data, telecommunications, telemarketing, "spam", and import/export laws and regulations. Without limitation, you agree that you will not breach this restriction by:

• distributing any virus, trap door, or other harmful or disruptive computer code, mechanism or program;
• covering or obscuring any notice, legend, warning, or banner contained in the Platform or any Health Service;
• interfering with or circumventing any security feature of the Platform or Health Service or any feature that restricts or enforces limitations on use of or access to the Platform or any Health Service;
• infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
• distributing obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by THC in its sole discretion; or
• deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
• disseminate any material that would expose us or any related third party to Liability.

G. Account access: In some cases, THC employees must access your account and content to diagnose a problem. By contacting our support team, you thereby grant consent to THC employees to access your account, if necessary to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

4. HEALTHCARE PROVIDERS ACCESS AND USE

A. Access and Availability of the Platform: The Platform and access thereto is provided on an ‘as is’ basis for commercial use. In addition to these Terms, the following shall apply to different categories of “Users” (Hospital, Medical Practitioner, Health Insurance Provider, Medical Laboratory/ Diagnostic Centre, Pharmacy, and Patients) of the Platform:

• As a Healthcare Provider using the Services, you warrant, covenant and undertake to THC and to all Healthcare Seekers, that:
  • you possess valid and subsisting licenses required to provide the any services you offer and provide on the Platform (“Health Service”), in accordance with these Terms and as required under applicable law (including local jurisdiction and field of practice). THC may run background checks with the relevant regulators of the Health Services in the jurisdiction and field of your practice and reserves the right to terminate or not activate your Profile if, in its sole discretion, there is any doubt about the validity of your licence but this shall not relieve the Healthcare Provider of its obligations and liabilities under this undertaking and these Terms.
  • the provision of the Health Services shall not infringe the intellectual property rights of any third party in any way whatsoever;
  • you have the level of competence, skill, knowledge, expertise, resources and ability which may reasonably be expected of a person experienced in providing the Health Services;
  • all assets (including facilities, equipment, premises) to be used for the provision of the Health Services shall be fit for purpose, up-to-date and have all the necessary registrations, certificates, permits, licenses and authorizations required to perform the Health Services in accordance with applicable laws;
  • • the persons you will deploy for the provision of the Health Services, accessing your Profile and carrying out of your obligations under these Terms shall be suitably skilled, competent, duly licenced and possess the right attitude to take on assignments for the purpose of the Health Services;
  • in the case of natural persons acting as Healthcare Providers, you are not under eighteen (18) years of age and shall (a) abide by the oath sworn upon admission as a practitioner to provide the Health Services; (b) comply with all regulations published by the regulatory authority including particularly the relevant code of ethics; and (c) comply with all relevant laws and regulations in the discharge of your obligation in providing the Health Services
  • you shall comply with all the policies of THC, including these Terms;
  • you shall provide the Health Services in accordance with all applicable law and best global practices; and
  • You indemnify, on a full cost basis, THC against any claims, penalties, damages, costs, investigations, interests or any liability whatsoever arising in connection with any Health Service.
• As a Healthcare Seeker, accessing any Service on the Platform, you warrant, confirm, declare and undertake to THC and the Healthcare Providers that:
  • you are not under eighteen (18) years of age, in the case of natural persons;
  • in the case of an unnatural person, you are duly and validly incorporated under the jurisdiction of your incorporation and has all the requisite approvals to request any Health Service you request on the Platform;
  • you have the consent and approval of all persons, on whose you request a Health Service and where any such a person is below the age of eighteen (18) or any other person who is disabled from providing consent, you warrant and confirm the THC and the Healthcare Providers that you are in control and direction of such person..
  • You have sufficient resources to cover the Total Cost of any Health Service requested;
  • You indemnify, on a full cost basis, THC against any claims, penalties, damages, costs, investigations, interests or any liability whatsoever arising in connection with any received Health Service.

B. Account Suspension: Your account may be temporarily suspended if it is reported by another User or we suspect any activity on your account is in breach of these Terms. You agree to cooperate with us during the investigation of such breach or alleged breach of these Terms.

C. Rating: You accept that your Health Services provided through this platform may be rated and otherwise comments in respect of your Health Services may be provided by the Users for the benefit of future users of the platform. You recognize that any comments about the Health Service you provide does not represent the view of THC. Accordingly, you agree that THC shall not be liable for any comments posted about you or your Health Services by any User.

D. Platform Subscription: You accept the subscription payment terms and all service charges (indicated in this Platform) for use of the Platform and agree to make the requisite payments before you are allowed to access and use the Platform.

E. Health Services: As a Healthcare Provider, THC grants you access, subject to these Terms, to use the Platform to operate your Health Practice and to provide your offered Health Services to Healthcare Seekers and earn money doing it. It's easy to create a Health Service and you are in control of how you provide the service - set your price, availability, and rules for each Health Service (provided always that they are in accordance with applicable law). THC will, however, make an attempt to provide you with information on the average rates charged for the similar services. You acknowledge that you have the license, insurance and any legal requirement to deliver any offered Health Services in your chosen region as advertised.

F. Contracting with Healthcare Seekers: When you accept a booking, order request, receive a booking or order confirmation through the Platform, you are entering into a contract with the Healthcare Seeker and are responsible for delivering the Health Service under the terms and at the price specified in Health Service description. You acknowledge and agree that THC is not responsible for the availability or other actions or omissions of the Healthcare Seeker, including in relation to any requested Health Service. You acknowledge and agree that THC is not responsible for the availability of any Healthcare Seeker or the receipt or payment for delivery of any Healthcare Service. Your correspondence or business dealings with, or participation in promotions of any Health Service or Health Seeker, including any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Healthcare Seeker. You further acknowledge and agree that THC shall not, on a full cost indemnity basis, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have arisen in connection with the delivery or request for any Health Service or generally in connection with the use of, or reliance upon, the Platform. You are also agreeing to pay applicable fees for use of the Platform (and applicable taxes) for each service. THC Payments will deduct amounts you owe from your payout unless we and you agree to a different payment method. Any terms or conditions that you include in any contract with Healthcare Seekers must: (i) be consistent with these Terms, our additional Legal terms, Policies, and the information provided in your Health Service offer, and (ii) be prominently disclosed in your Health Service description.

G. Independence of Healthcare Providers: Your relationship with THC is that of an independent individual or entity and not an employee, agent, joint venturer, representative or partner of THC, except that THC Payments acts as a payment collection agent as described in the Payments Terms. THC does not direct or control your Health Service and you understand that you have complete discretion whether, when and how to provide any Health Services and at what price and on what terms to offer them.

H. Creating and Managing Your Health Service: The Platform provides tools that make it easy for you to set up and manage a Health Service. Your Health Service must include complete and accurate information about the service, your price, other charges and any rules or requirements that apply to your Health Service. You are responsible for your acts and omissions as well as for keeping your Health Service information (including calendar availability) and products. We recommend that you obtain appropriate insurance for your Health Services offerings and suggest you carefully review policy terms and conditions like coverage details and exclusions.

I. Ensure that services provided meet advertised levels of services; where there is failure in the service level, you shall be solely responsible for any claims resulting therefrom including but not limited to refunds where applicable and any other action provided by law.

J. Know Your Legal Obligations: You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Health Services. If you have questions about how local laws apply you should always seek legal professional advice.

K. Search Ranking: The ranking of Healthcare Provider profiles in search results on the Platform depends on a variety of factors, including these main parameters:

• Healthcare Seeker search parameters (e.g. number of specialization, location, medication, medical issue, availability, insurance type etc),
• Healthcare Provider characteristics (e.g. price, calendar availability, location, reviews etc),

Search results may appear different on our mobile application than they appear on our website.

L. Health Service Cancellations and Refunds: In general, if a Healthcare Seeker cancels a booking or order, the amount paid to you is determined by the cancellation policy that applies to that reservation. It is recommended that you set any booking fees (minimum deposit) for the service to cover your policy cancellation fees as a minimum. As a Healthcare Provider, you should not cancel on a Healthcare Seeker without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Healthcare Seeker without such a valid reason, we reserve the right to impose a cancellation fee and other consequences.

M. Health Service Booking Modifications: Healthcare Providers and Healthcare Seekers are responsible for any booking modifications they agree to make via the Platform and agree to pay any additional amounts, fees or taxes associated with any booking modification.

N. Healthcare Provider Taxes. As a Healthcare Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, income or other taxes ("Taxes").

O. Tax Collection and Remittance by THC: In jurisdictions where THC facilitates the collection and/or remittance of Taxes on behalf of Healthcare Providers, you instruct and authorize THC to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by THC are identified to Users on their transaction records, as applicable. THC may seek additional amounts from Users (including by deducting such amounts from future payouts) if the Taxes collected and/or remitted are insufficient to fully discharge that Users' tax obligations, and you agree that your sole remedy for Taxes collected by THC is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Users, to cease the collection and remittance of Taxes in any jurisdiction for any reason. You also agree that THC bears no tax advisory obligations to you and you must seek and maintain your tax advisory services. Under no circumstances shall THC be liable for your tax liability or default, for which you hereby indemnify THC, on a full cost basis.

P. Tax Information: In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be relevant or sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that THC may issue on your behalf invoices or similar documentation for VAT, consumption or other Taxes for your Health Services to facilitate accurate tax reporting by Healthcare Seekers and their organizations.

Q. Confidentiality: You undertake as a Healthcare Provider, to keep all patient records and information confidential and safe in accordance with general medical ethics standards, data protection laws and global best practices.

5. HEALTHCARE SEEKERS ACCESS AND USE

A. Access to the Platform: Access to the Platform is provided on an ‘as is’ basis for commercial use. In addition to these Terms of Service, the following shall apply to the Healthcare Seekers category of “Users” of the Platform who must comply with all relevant and applicable laws.

B. Searching. You can search for Health Services by using criteria like the specialization, location, medical issue, name, medication generic name, treatment, brand, price, Healthcare Providers’ availability, health insurance type etc. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. You acknowledge that you comply with the local laws for Health Services sought from whatever chosen region.

C. Health Service. When you book a Health Service, you are agreeing to pay all charges for your booking including the cost of the Health Service, any applicable fees like Service fee, taxes, an any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Health Service is formed directly between you and the Healthcare Provider(s). In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Health Service booking, including without limitation, the deposit or cancellation policy and any other rules, standards, policies, or requirements identified in the Health Service offer or during checkout that apply. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Health Service. You acknowledge and agree that THC is not responsible for the availability of any Healthcare Provider or the delivery (or non-delivery thereof) of any Healthcare Service. Your correspondence or business dealings with, or participation in promotions of any Health Service or Healthcare Provider, including payment and delivery of the Healthcare Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Healthcare Provider. You further acknowledge and agree that THC shall not, on a full cost indemnity basis, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have arisen in connection with the delivery or request for any Health Service or generally in connection with the use of, or reliance upon, the Platform.

D. Health Service Cancellations and Refunds. In general, if you cancel a Health Service booking, the amount refunded to you is determined by the cancellation policy that applies to that Health Service. But, in certain situations, other policies take precedence and determine what amount is refunded to you. It is important to note that cancellations do not apply to services such as subscription plan, insurance plan or ambulatory service payments. Cancellation policy only applies to consultation, tests, medication supplies, ambulance requests or other scenarios where the Health Service has not been delivered.

E. Health Service Booking Modifications. Healthcare Providers and Healthcare Seekers are responsible for any booking modifications they agree to make via the Platform and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.

F. Where applicable make the requisite payments to the service provided whenever required and once the services are provided, and/or as may be agreed between the service provider and the beneficiary of the services.

6. GENERAL SERVICES ACCESS AND USE

• Additionally, as Healthcare Providers and Healthcare Seekers save as provided herein, you shall:
• Additionally, as Healthcare Providers and Healthcare Seekers save as provided herein, you shall:
• Not remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Platform;
• Make the necessary/required payments and procure payment for access to and use of the Platform provided;
• Provide and procure provisions to Users of the services you have signed up for as a User;
• • Not circumvent, disable or otherwise interfere with security-related features of the Platform including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations;
• • Not use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Platform content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Health Services content from the Platform for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Health Services content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time; 
• • Not collect or harvest any personally identifiable information from the Services including, without limitation, usernames, passwords, email addresses; 
• • Not solicit other users to join or become members of any commercial online service or other organization without our prior written approval; 
• • Not attempt to or interfere with the proper working of the Platform or impair, overburden, or disable the same;
• Not decompile, reverse engineer, or disassemble any part of the Platform or its content; 
• Not use network-monitoring software to determine architecture of or extract usage data from the Platform;
• • Not encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Profile (as defined in the “USER REGISTRATION” section) without permission, etc.); 
• Not engage in any conduct that restricts or inhibits any other user from using or enjoying the Platform.
• • Your account may be temporarily suspended if it is reported by another User or we suspect any activity on your account is in breach of these Terms. You agree to cooperate with us during the investigation of such breach or alleged breach of these Terms.
• You accept that your Health Services provided through this Platform or the receipt of the Health Service may be rated and/or otherwise comments in respect of your delivery or receipt (as the case may be) of any Health Services may be provided by the Users for the benefit of future users of the Platform. You recognize that any comments about the delivery or receipt (as the case may be) of any Health Service does not represent the view of THC. Accordingly, you agree that THC shall not be liable for any comments posted about you or your Health Services by any User or user.
• • You accept the payment terms and all service charges by THC (indicated in this Platform) for the provision of access and availability of the Platform to you and agree to make the requisite payments before you are allowed to utilize the Platform.
• • Non-circumvention. Healthcare Providers and Healthcare Seekers are not allowed to transact outside this Platform where the initial introduction of both Parties or connection for the Health Service was through the Platform. In such instances THC shall bear no liabilities and shall be entitled to take action including suspending or cancelling the accounts without further liability.
• After each Health Service, the Healthcare Provider and Healthcare Seeker will have an opportunity to share their experience and review each other’s participation in the delivery or receipt of the Health Service. Your Review must be accurate and may not contain any false, discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by THC for accuracy and may be incorrect or misleading neither do they represent the views of THC. You undertake to bear full liability for your reviews and to indemnify THC on a full cost indemnity basis for any liability arising from your review. THC shall not be liable for any comments posted about any User or Health Services.
• In the interest of Confidentiality and Data Protection, all patient records must be kept confidential and secure. Before releasing any records to any person, including partners of the Healthcare Provider, insurance companies or other third parties, a patient must provide express consent and authorisation. It's also important to note that confidentiality within the Platform is paramount.
• • Regarding Payment Platforms, we process transactions through payment processors such as Stripe and Paystack, ensuring our users a versatile and secure payment options and experience.
• • Regarding Payment Platforms, we process transactions through payment processors such as Stripe and Paystack, ensuring our users a versatile and secure payment options and experience.
• • Services registered on our Platform will be apparent on basic subscriptions. This visibility is a fundamental prerequisite for users opting for our freemium services. However, Healthcare Providers that prefer not to be listed can conveniently turn off their profiles.
• • Jurisdiction matters. All Healthcare Providers are advised to be aware of the jurisdiction governing their Healthcare Service delivery practice and the terms of their Healthcare Service offering and comply with such jurisdictional guidelines and terms.
• • Medications flagged as 'prescription' can be viewed by patients online. However, the purchase of such medications is restricted and can only be made available with a legitimate prescription.
• • For transactions, our Wallet System is a primary mode, especially for indirect payments. An important guideline is that if a Health Provider, designates a zero minimum deposit for a particular service, an additional processing charge of an amount' will be imposed.
• • Finally, in Data Storage and Archiving matters, our records database retains data for a specified duration. Our system's storage practices also work on a retention cycle maintained for seven years, hosted on Amazon S3. We rely on AWS Glacier for long-term data archiving, ensuring data remains safe and accessible indefinitely.

7. USER CONTENT

• ou are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Platform or transmit to other users, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “User Content”). You may not post as part of the Platform or transmit to us or any other user (either on or off the Platform), any offensive, inaccurate, incomplete, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your Profile, including personal and health information is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the User Content on the Platform and grant the licenses set forth below. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Platform. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. 
• • You understand and agree that we have the right, but not the obligation to, monitor, review and investigate any User Content you post on the Platform. We may delete any User Content, in whole or in part, that in the sole judgment of THC violates these Terms or may harm the reputation of the Platform or THC.
• • You shall not submit or post any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the prior express written permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit or post. Accordingly, you represent, warrant, and covenant that you will not submit any User Content that: 
• • Violates or infringes in any way upon the rights of others, including, but not limited to, personal data rights, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
• • Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; 
• Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
• Is an advertisement for goods or services or a solicitation of funds; 
• Includes personal information such as messages which identify phone numbers, national identity numbers, email addresses, social security numbers, account numbers, addresses, or employer references; 
• Contains a formula, instruction, or advice that could cause harm or injury; or 
• Is a chain letter of any kind. 
• By posting User Content on part of the Platform, you automatically grant to the THC, its affiliates, licensees and successors, a non-exclusive, transferable, sub-licensable, fully paid-up, worldwide perpetual right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your User Content by us will not infringe or violate the rights of any third party. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other Users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Platform and these Terms. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” and generally to our use with respect to the User Content.
• • By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name, email, phone number and other personal identifiable information in connection with broadcast, print, online, or other use or publication of your User Content.
• We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.
• • We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
• You accept that User Content, including any information, content and data posted or saved on the Platform can be saved on any of our servers or affiliate servers anywhere in the world.

8. PLATFORM CONTENT & THIRD-PARTY LINKS

• We provide the Platform including, without limitation, for health information purposes only. You may not rely on any information and opinions expressed on the Platform for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any service on the Platform. Under no circumstances will we be liable for any loss or damage caused by your reliance on any services on the Platform.
• In many instances, Content on the Platform will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible or liable for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Platform by any Healthcare Provider, Healthcare Seeker or any other person. THC may only be responsible for any statement made by its authorized employees or spokespersons while acting in their official capacities as it relates to the operation of the Platform or these Terms or any THC policy.
• Any health-related information that may be posted is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any such health-related statements found on the Platform or in any in third party sites referenced in the Platform. This information should be treated as general in nature which may be helpful to some persons but not others, depending upon their personal medical needs. Users are therefore advised to seek professional medical advice from licensed medical practitioners on our Platform or consult health facilities operators for their health needs.
• The Platform may contain, and the website or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that THC is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that THC 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 the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
• If there is a dispute between Users or between a User and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release THC, its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

9. PAYMENT, REFUNDS, UPGRADING, AND DOWNGRADING

A. Payments: These Payments Terms for Users of the Platform (“Payments Terms”) are a binding legal agreement between you and THC Payments that govern the Payments for transactions (defined below) conducted through or in connection with the Platform. When these Payments Terms mention “THC Payments,” “we,” “us,” or “our,” it refers to:

• Total Health Care LLC

THC Payments coordinates the payment process on the Platform. This may include (if available) the following (collectively, “Payment Services”):

• Collecting payments from HealthCare Seekers (“Payin”), by charging the payment method associated with their THC account, such as credit card, debit card, bank account, bank transfers, USSD or PayPal account (“Payment Method”);
• Effecting payments to HealthCare Providers (“Payout”) to a financial instrument associated with their THC account, such as a PayPal account, bank account, direct deposit, a prepaid card, or a debit card (“Payout Method”);
• • Collecting payments from HealthCare Providers (“Subscriptions”), by charging the payment method associated with their THC account, such as credit card, debit card, bank account, bank transfers, USSD or PayPal account (“Payment Method”);
• Effecting payments to a third-party Payout Method designated by a HealthCare Provider;
• Collection and payment of charitable donations;
• Payment collection services; and
• Other payment related services in connection with HealthCare Providers Services.

In order to use the Payment Services, you must be at least 18 years old, must have an THC account in good standing in accordance with the THC Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete. If you change your country of residence, the THC company you contract with, and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes on the Platform. Please note, however, that the THC Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.

• • Payments. By using the Payments Services, you agree to comply with these Payment Terms. THC Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. THC Payments may improve, enhance and modify the Payment Services and introduce new Payment Services or revise the Payment Terms from time to time. THC Payments will provide notice to Users of any changes to the Payment Terms or Services, unless such changes do not materially increase the Users’ contractual obligations or decrease the Users’ rights under these Payments Terms.
• Your THC Account. THC Payments may enable features that allow you to authorize other Users or third parties to take certain actions that affect your THC account. You may authorize a third party to use your THC account if the feature is enabled for your THC account. You acknowledge and agree that anyone you authorize to use your THC account may use the Payment Services on your behalf and that you will be responsible for any payments made or receipts processed on your THC account by such person and hereby indemnify THC, on a full cost basis in this respect. You agree and accept responsibility for keeping all your THC account information current and accurate at all times, including address, payment information, telephone number, e-mail address, and authorized representatives. You can update your information on our Platform or contact our Customer Service department. Please do not send Card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us and accept responsibility for all activities that occur under your THC account. You will comply with all laws applicable to your activities on the Platform and with these Payment Terms.
• Automated Payments. A valid credit card is required for automated payments. Payment may also be made via cheque, bank transfer, or other payment methods that may be enabled from time to time. Free accounts are not required to provide a credit card number. The Service is billed in advance by our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused.
• Verification. You authorize THC Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers and regulators, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). THC Payments reserves the right to terminate, suspend, or limit access to the Payment Services or any portion thereof in the event we are unable to obtain or verify any of this information.
• Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

B. Platform Monthly Subscription. If User has purchased a monthly subscription on the Order, the following terms apply:

• Term. The initial term of this Subscription Agreement shall commence on the Effective Date of the Order and will continue for one month (the "Initial Monthly Term") and will automatically renew for additional one-month terms (the "Monthly Renewal Terms" and collectively with the Initial Monthly Term the "Monthly Terms"), upon the expiration of the Initial Monthly Term or any Monthly Renewal Term, unless earlier cancelled by either party in writing as set forth herein.
• Charges & Payment. Payment for the Initial Monthly Term shall be made on the Effective Date and shall be charged to the credit card provided by User (credit card mention here includes debit cards or any similar card payment method including virtual cards). User hereby authorizes THC to charge User for all Services purchased by User in the Order (including processing fees), to the credit card User provides. User agrees that THC may automatically charge the credit card User has provided on the first day of each Monthly Renewal Term. User represents that User has the legal right to use any credit card information submitted to THC. THC uses a third-party provider to store and charge credit cards; THC does not maintain credit card data.  You warrant to THC that the credit card linked to your THC account shall be appropriately funded, at least, at the time when the fees for any Monthly Renewal Term falls due. Where such information that is not duly and promptly made, it shall become a debt due to THC and THC reserves the right to charge interest at a rate on such debt. THC may also suspend access to all or any part of the Platform or your THC Account until such debt is paid in full. THC reserves the right to enforce such payment from any Payout due to you.
• • Upgrade. When upgrading a subscription to a higher category, the subscription price will be prorated, and the subscriber will pay the price difference between the current and the new subscription category. No refunds will be done for a subscription downgrade.

C. Platform Annual Subscription. If, in the alternative, User has purchased an annual subscription on the Order, the following terms apply:

• Term. The term of this Subscription Agreement shall commence on the Effective Date of the Order, and will continue for one year (the "Initial Annual Term") unless earlier cancelled by either party in writing, and will automatically renew for additional annual periods (the "Annual Renewal Terms" and collectively with the Initial Annual Term the "Annual Terms"), upon the expiration of the Initial Annual Term or any Annual Renewal Term, unless earlier cancelled by either party in writing as set forth herein.
• Charges & Payment. Payment for the Initial Annual Term shall be made on the Effective Date and shall be charged to the credit card provided by User. Payment for subsequent Annual Terms shall be made annually on the anniversary of the Effective Date. User hereby authorizes THC to charge User for all Services purchased by User in the Order (including Partner Provider fees), to the credit card User provides. User represents that User has the legal right to use any credit card information submitted to THC. You warrant to THC that the credit card linked to your THC account shall be appropriately funded, at least, at the time when the fees for any Monthly Renewal Term falls due. Where such information that is not duly and promptly made, it shall become a debt due to THC and THC reserves the right to charge interest at a rate on such debt. THC may also suspend access to all or any part of the Platform or your TCH Account until such debt is paid in full. THC reserves the right to enforce such payment from any Payout due to you.
• Upgrade. When upgrading a subscription to a higher category, the subscription price will be prorated, and the subscriber will pay the price difference between the current and the new subscription category. No refunds will be done for a subscription downgrade.

D. Subscription Cancellation.

• Cancellation by User. User may cancel a Monthly or Annual Term at any time by upon providing no less than thirty (30) days prior written notice to subscription@totalhealthcare360.com.
• • Refunds. There will be no refunds or credits issued for any Monthly or Annual Terms, partial Monthly or Annual Terms, upgrade/downgrade refunds, refunds for Monthly or Annual Terms unused with an open account.
• • No Account Revival. User acknowledges that due to the nature of the Services: (i) cancelled accounts will be cancelled in full; (ii) cancelled accounts may not be revived and User will be unable to access the Platform or do any transaction after cancellation; and (iii) prior to cancellation,

E. Taxes. All fees are exclusive of all taxes, levies, charges or duties imposed by applicable taxing and regulatory authorities and you will be responsible for payment of any applicable taxes, levies, charges or duties. You agree to pay for any taxes that might apply to your use of the Platform or payments made by you in connection with your use of the Platform.

F. Healthcare Seeker and Subscription Terms.

• Adding a Payment Method. When you add a Payment Method to your THC account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to THC Payments or its third-party payment processor(s). You authorize THC Payments and its payment service providers to collect and store your Payment Method information.
• Payment Method Verification. When you add or use a new Payment Method, THC Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your THC account so it can be used for a future transaction. You may not remove the Payment Method associated with a Health Service booking or order, during the period commencing from the date of your booking or order and ending fourteen (14) days following the completion of your Health Service or order delivery, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.
• Payment Authorization. You allow THC Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your THC account, including Damage Claim amounts in accordance with the Terms of Service.
• Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, sort-code, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
• Currency. THC Payments will process each transaction in the currency you select via the Platform where available. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your THC Payments contracting entity(ies). Any such limitations will be communicated via the Platform and indicated on your THC account. Note that if your THC Payments contracting entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout.
• Payment Restrictions. THC Payments reserves the right to decline or limit payments that we believe (i) may violate THC Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms of Service, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, THC, or others to risks unacceptable to THC Payments.
• Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and THC Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
• • Your Payment Method, Your Responsibility. THC Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

F. Healthcare Provider Terms.

• Payment Collection. THC Payments generally collects the Total Price of a booking or order at the time the Healthcare Seeker’s booking or order request, unless a minimum deposit is specified and accepted by the Healthcare Provider.
• Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your THC account. When you add a Payout Method to your THC account, you will be asked to provide information such as name, billing address, and financial instrument information either to THC Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, sort-code, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information THC Payments requires for a valid Payout Method may change, and THC Payments may request additional information at any time; failing to provide requested information may result in THC Payments temporarily placing a hold, suspending, or cancelling any Payout until the information is provided and, if necessary, validated. You authorize THC Payments to collect and store your Payout Method information. THC Payments may also share your information with governmental authorities as required by applicable law.
• • Timing of Payout. Subject to and conditional upon successful receipt of the payments from Healthcare seeker, THC Payments will generally initiate Payouts to your selected Payout Method: (i) for Registrations and Insurance plans, immediately, (ii) for virtual and in-person consultations, 12- 24 hours after Healthcare Seekers consultation, (iii) for diagnostic and laboratory tests, 12- 24 hours after Healthcare Seekers consultation or service is provided, (iv) for medication supplies, 12- 24 hours after medication is collected or delivered, (v) for equipment rental, 12- 24 hours after Healthcare Provider makes use of the rented equipment, (vi) for ambulatory services, 12- 24 hours after the Ambulance is dispatched, (vii) for THC health test kits, immediately, (viii) for virtual and in-person consultations, 12- 24 hours after Healthcare Seekers consultation. THC Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by THC Payments may depend upon the Payout Method you select.
• Payout. Your Payout for a booking or order will be the Total Price less applicable fees less Service fees and applicable taxes. In the event of cancellation of a confirmed booking, THC Payments will remit the amount you are due (if any) as provided in the Terms of Services and applicable cancellation policy. Healthcare Providers are encouraged to set their minimum deposit fees for any service to equal their Health Services booking cancellation penalty fees.
• • Payout Restrictions. THC Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, THC Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the terms of Service as a result of high-volume Booking cancellations or modifications arising from a Force Majeure Event.
• • Currency Conversion. THC Payments will remit your Payouts in the currency you select via the Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your THC contracting entity(ies). Any such limitations will be communicated via the Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and THC Payments is not responsible for any such fees and disclaims all liability in this regard.
• • Limits on Payouts. For compliance or operational reasons, THC Payments may limit the amount of a Payout. If you are due an amount above that limit, THC Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
• Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and THC Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
• Your Payout Method, Your Responsibility. THC Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

G. General Terms

• Appointment of THC Payments Payment Collection Agent. Each Healthcare Provider, including each Healthcare Provider Team member, hereby appoints THC Payments as the Healthcare Provider’s payment collection agent solely for the limited purpose of accepting and processing funds from Healthcare Seekers purchasing Health Services on the Healthcare Provider’s behalf. Each Healthcare Provider, including each Healthcare Provider Team member, agrees that payment made by a Healthcare Seeker through THC Payments, shall be considered the same as a payment made directly to the Healthcare Provider, and the Healthcare Provider will provide the Health Service booked by the Healthcare Seeker in the agreed-upon manner as if the Healthcare Provider has received the payment directly from the Healthcare Seeker. Each Healthcare Provider agrees that THC Payments may refund the Healthcare Seeker in accordance with the Terms of Service. Each Healthcare Provider understands that THC Payments’ obligation to pay the Healthcare Provider is subject to and conditional upon successful receipt of the associated payments from Healthcare Seeker. THC Payments guarantees payments to Healthcare Provider(s) only for such amounts that have been successfully received by THC Payments from Healthcare Seekers in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Healthcare Provider, THC Payments assumes no liability for any acts or omissions of the Healthcare Provider. Each Healthcare Seeker acknowledges and agrees that, notwithstanding the fact that THC Payments is not a party to the agreement between you and the Healthcare Provider (s), including each Healthcare Providers Team members, THC Payments acts as each Healthcare Provider’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Healthcare Provider(s). Upon a User’s payment of the funds to THC Payments, the Healthcare Seeker’s payment obligation to the Healthcare Provider(s) for the agreed upon amount is extinguished, and THC Payments is responsible for remitting the funds successfully received by THC Payments to the Healthcare Provider(s) in the manner described in these Payments Terms.
• • Fees. THC Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you directly or in the Terms of Service or via the Platform.
• Payment Processing Errors. THC Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by THC Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you. To the extent you receive any funds in error, you agree to immediately return such funds to THC Payments.
• Effect of Termination. If you cancel your THC account as a Healthcare Provider or THC Payments takes any of the measures described above, THC Payments may provide a full refund to any Users with confirmed booking(s) or order(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your THC account as a Healthcare Seeker, THC Payments will initiate a refund for any confirmed booking(s) based on the Healthcare Provider’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new THC account or attempt to access and use the Payment Services through an THC account of another User.
• • Consent. By agreeing to these Payments Terms you as a Healthcare Provider have consented to THC Payments’ payment of each Payout to your chosen Payout Method. Healthcare Provider may change a Payout Method up to one (1) day before the time agreed for the Payout.
• • Communication. THC Payments will provide the Healthcare Provider notice via email when we initiate each Payout. We will also provide notice to a Healthcare Provider’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Healthcare Provider to ensure that you provide us with a current, accurate, and valid email address.
• • Resolution Procedures for Diverted Payouts If you as a Healthcare Provider believe that a Payout is a Diverted Payout because your Credentials are lost or stolen or in case of an unauthorized, incorrectly initiated or incorrectly executed payment transaction, you should notify THC Payments immediately. As a Healthcare Provider you will be liable for all losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe. Provided that you notify us of any Diverted Payout without delay before completion of the processing of the Diverted Payout, we may be able to halt further processing of the Diverted Payout. We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Platform and/or Payment Services in accordance with the terms of Service or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect. If you as Healthcare Provider claim not to have received a Payout properly due to you via your chosen Payout Method, THC Payments will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was processed in accordance with your instructions or received by you via your chosen Payout Method, we will refund the amount.
• • Contacting THC Payments. You may contact THC Payments regarding the Payment Services using paymentcomplaints@totalhealthcare360.com

10. INDEMNIFICATION

You agree to indemnify and hold THC and THC Payments and their officers, directors, employees, parents, partners, successors, agents, distribution partners, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, fully harmless from any loss, liability, claim, proceedings, investigations, penalties, interests, demand or liability whatsoever, including reasonable attorney’s fees, made by any third party (including a Healthcare Provider or Healthcare Seeker) due to or arising out of, in connection with or in respect of anything done by you on the Platform including intellectual property brought by you onto the Platform, your use of the Platform or any service offered or purchased therein, or of your breach of or failure to comply with these Terms (including any breach of your representations and warranties contained herein), any postings or User Content you post in the Platform, and the violation of any law or regulation by you. THC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with THC in connection therewith.

The user acknowledges that the AI-powered tools and services provided by THC are designed to support, not replace, professional medical judgment. THC, its affiliates, officers, employees, and partners shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from the use, misuse, or reliance upon the AI tools, including but not limited to diagnostic suggestions, treatment recommendations, or health-related guidance. By using these services, the user agrees to indemnify, defend, and hold harmless THC against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with (i) the use of the AI tools, (ii) reliance on AI-generated outputs without appropriate clinical oversight, or (iii) any breach of these Terms by the user. All AI outputs are provided “as is” without warranties of accuracy, completeness, or fitness for a particular purpose. Users are advised to seek independent professional medical advice before making any healthcare decisions.

11. DISCLAIMERS

A. You acknowledge and agree that neither THC nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including medical negligence, (or any other negligence arising from the Users of this application) as a result of or alleged to be the result of (i) any incorrect or inaccurate User Content posted on the Platform, whether caused by users or any of the equipment or programming associated with or utilized in the Platform; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any User Content, communications or personalization settings; (iii) the conduct, (act or omission) whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; (v) consultation of other Users listed on the Platform; (vi) any wrong prescription, medical advice or medical services whatsoever by the users of this application; or (vii) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Platform. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THC PROVIDES THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PLATFORM OR ITS USERS (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS, COMPETENCE OR NON-INFRINGEMENT. THC DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION ON THE PLATFORM IS COMPLETE, UPDATED AND ACCURATE THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THEPLATFORM WILL BE CORRECTED.

B. From time to time, THC may make third party opinions, advice, statements, offers, or other third-party information or content available through the Platform for information purposes. All such content is the responsibility of the respective authors thereof and should not be relied upon. Such third-party authors are solely responsible for such content. THC DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT PROVIDED THROUGH THE PLATFORM, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE PLATFORM. UNDER NO CIRCUMSTANCES WILL THC OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER USER CONTENT POSTED IN THE PLATFORM OR TRANSMITTED TO OR BY ANY USERS.

C. In addition to the preceding paragraph and other provisions of these Terms of Service, any advice that may be posted in the Platform is for informational purposes only and is not intended to replace or substitute for any professional medical advice. THC makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Platform. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified medical specialist.

12. LIMITATION ON LIABILITY

A. THC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, MEDICAL NEGLIGENCE, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES (EVEN IF THC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THESE TERMS. OUR LIABILITY IN ALL CASES SHALL BE LIMITED TO DIRECT ACTUAL LOSSES AS LIMITED HEREIN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM OR ANY SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE SERVICES CONTENT IS TO STOP USING THE PLATFORM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICE OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR ANY OF THE SERVICES OR ANY LINKS ON THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE PLATFORM OR SERVICES.

C. In determining our liability for purposes of these Terms, a court or an arbitration panel shall limit our liability to that proportion of the loss or damage suffered by you, which is ascribed to us by such court or PANEL allocating a proportionate responsibility having regard to your contribution to the loss or damage in question, or that of any other person based upon relative degrees of fault, SUBJECT ALWAYS TO THE MAXIMUM LIABILITY SET OUT BELOW.

D. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE LOWER OF THE AMOUNT DERTEMINED BY THE APPORTIONMENT OF RESPONSIBILITY BY THE COURT OR ARBITRATOR AND THE TOTAL PAYMENTS RECEIVED FROM YOU BY THC DURING THE PRECEDING TWELVE (12) MONTH PERIOD. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE SERVICES OR THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

13. TERMINATION

A. These Terms become effective upon your access of the Platform and shall continue in full force and effect until terminated by either Party.

We reserve the right in our sole discretion and at any time to terminate or suspend your Profile and/or block your access to the Platform or any Services for any reason including, without limitation if you have failed to comply with these Terms. THC is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. You agree that THC shall not be liable to you or any third party for any termination or suspension of your Profile or for blocking your access to the Services.

B. Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your Profile or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to governing law and choice of law, dispute resolution, no class action, and all of the “Miscellaneous” section.

C. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Platform.

D. THC reserves the right to suspend or terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty 30) days after expiration.

E. THC in its reasonable discretion has the right to suspend your account if you breach these Terms. Any eventual termination of your account will result in the deactivation or deletion of your account, denial of access to your account, and the removal of all content in your account.

F. Without limiting any of our other rights, and at our sole discretion, we may suspend your access to the Platform or any feature or service thereto and/or terminate these Terms against you, at any time for any reason, with immediate effect with or without notice to you if:

• you commit a material breach of any provision of these Terms and (if such a breach is remediable) fail to remedy that breach within three [3] days of you being notified in writing to do so;
• you fail to pay any amount due under these Terms on the due date for payment; and
• you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up or declared bankrupt (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction

14. VIOLATION OF THESE TERMS OF SERVICE

We reserve the right to investigate and institute action for violations of any of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms . You acknowledge that THC has no obligation to prescreen or monitor your access to or use of the Platform or any information, materials, or other content provided or made available through the Platform but has the right to do so. You hereby agree that THC may, in the exercise of our sole discretion, remove or delete any data, accounts, or other content that violates these Terms or that is otherwise objectionable.

15. COPYRIGHT POLICY

We respect the intellectual property rights of others and expect Users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable, with immediate effect and without any liability, the Profile of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity. In accordance with the Copyright laws applicable (the “Copyright Act”), we will endeavor to respond promptly to claims of copyright infringement that are reported to us. For this purpose, we have appointed an agent designated to receive notifications of claims infringement (“Designated Agent”). The Designated Agent can be contacted via email on dataprotection@totalhealthcare360.com.

16. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Service shall be construed in accordance with the laws of the United States of America. Any legal proceedings against THC that may arise out of, relate to, or be in any way connected with the Platform, any services or these Terms shall be brought exclusively in the state and federal high courts located in Delaware, United States and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. You irrevocably consent to the exclusive jurisdiction of the courts of Delaware for any action or dispute arising between the parties under or in connection with these Terms.

17. DISPUTE RESOLUTION & MANDATORY ARBITRATION

A. You agree to first contact us with any disputes and provide a written description of the dispute, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at: disputes@totalhealthcare360.com. We will contact you based on the contact information you have provided us.

B. If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute shall be submitted to litigation at any state or federal court in Delaware.

C. Pursuant to the “No Class Action” section below, we each agree that any litigation will be solely between you and THC and not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction in section is unconscionable or unenforceable, then our agreement to litigate will not apply and the class-wide dispute must be brought in court.

18. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

19. AMENDMENT AND ADDITIONAL TERMS

A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Platform or Services or to modify these Terms. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Platform or any services generally, unique parts of the Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms of Service, the Additional Terms shall prevail.

B. However, we will make our very best efforts to promptly notify customers of any upcoming changes, system maintenance, and /or service disruptions.

C. Modifications to these Terms of Service or Additional Terms will be effective immediately upon notice, either by posting on the Platform or notification by email. It is your responsibility to review the Terms and the Platform from time to time for any changes or Additional Terms. Your access to the Platform and use of any the Services following any modification of these Terms of Service or the provision of Additional Terms will signify your assent to and confirmation of acceptance of the same. If you object to any subsequent revision to the Terms of Service or to any Additional Terms, you must immediately discontinue use of the Platform or any services and, if applicable, terminate your Profile. Your continued use of the Platform or Service following any revision to these Terms constitutes your complete acceptance of any such changes. Any new features that augment or enhance the current Service, including the release of new tools and resources, will be subject to these Terms.

D. Prices of all Service subscription plans are subject to change. If THC does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least forty-eight (48) hours’ notice via email.

E. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

20. ELECTRONIC COMMUNICATIONS

When you visit our Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by posting notices on this Platform or by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MISCELLANEOUS

A. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

B. Except where specifically stated otherwise (e.g., the “Dispute Resolution & Mandatory Arbitration” section), if any part of these Terms is unlawful or unenforceable for any reason, we both agree that only that part of the Terms shall be stricken and that the remaining terms in the Terms shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Service shall remain in force.

C. These Terms of Service (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

D. Your Profile and these Terms of Service are personal and obligations or any rights hereunder shall not be delegated or assigned, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms or any rights hereunder without your consent and without notice.

E. If for any reason a court of competent jurisdiction finds any provisions or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms will be effective only if in writing and signed (electronically or otherwise) by an authorized representative of THC.

F. The Platform or any service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

G. Accordingly, those persons who choose to access the Platform from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

H. Complaints may be reported to our customer support through support@totalheathcare360.com

I. These Terms (which include and incorporate the THC Privacy Policy) contain the entire understanding and supersedes all prior understandings, between you and THC concerning its subject matter and cannot be changed or modified by you.

J. Some translations on the Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

K. If you access or download our application from the Apple, Samsung or any other App Store, you agree to such App Store’s Licensed Application End User License Agreement.

L. The Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. THC is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

M. THC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, storms, embargoes, acts of civil or military authorities, change in law, fire, floods, accidents, epidemics, pandemics, outbreak or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

N. You will receive administrative communications from us using the email address or other contact information you provide for your Platform account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Platform Account.

O. You undertake to and shall comply with all applicable anti-bribery and anti-corruption Laws in any relevant jurisdiction (including those in your local jurisdiction, the Foreign Corrupt Practice Act of the United States of America and the Bribery Act 2010 of the United Kingdom) and all applicable anti-bribery and anti-corruption regulations and codes of practice. You further confirm and warrant to THC and other Users that neither you nor any person on whose behalf or for whose benefit you access the Platform or request any Health Service is involved in any illegality or criminality and that the source of funds for any payment to be made by you or on my behalf in connection with any Health Service or access to the Platform shall not be proceeds of any crime.

22. EXTENUATING CIRCUMSTANCES

This Terms of Service defines extenuating circumstances as follows:

A. Declared emergencies and epidemics. Government-declared local or national emergencies, epidemics, pandemics, and public health emergencies.

B. Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.

C. Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events.

D. Government travel restrictions. Travel restrictions imposed by a governmental agency that prevent or prohibit travelling to the Healthcare Provider location or other change in law. This does not include non-binding travel advisories and similar government guidance.

On the occurrence of any extenuating circumstances, THC’s obligations under these Terms shall be suspended.

Sanctions and Boycotts

• Notwithstanding anything to the contrary elsewhere in these Terms, nothing in these Terms is intended, and nothing herein should be interpreted or construed, to induce or require THC to act in any manner (including failing to take any actions in connection with a transaction) which is inconsistent with, penalised or prohibited under any laws, regulations, decrees, ordinance, order, demand, request, rules or requirements of the United Nations relating to trade sanctions, foreign trade controls, export controls, non-proliferation, anti-terrorism and similar laws (the “Trade Restrictions”).
• Where any performance by THC would be in violation of, inconsistent with, or expose it to punitive measures under, the Trade Restrictions, THC shall, as soon as reasonably practicable give notice to you of its inability to perform. Once such notice has been given, the THC shall be entitled to immediately suspend the affected obligation (whether payment or performance) until such time as it may lawfully discharge such obligation.