Please read these terms and conditions (“Terms and Conditions“) carefully before using the website and services. This Agreement (hereinafter referred to as the “Agreement”) sets out the legally binding terms and conditions for your use of the website at https://zaynaxhealth.com/(hereinafter referred to as “Zaynax Health”) and all services provided by Zaynax Health on the site.

By using the site in any manner, including but not limited to visiting or browsing the site, you (the “user“ or “you“) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the site which includes but not limited to users who are sellers, customers, merchants, contributors of content, information and other materials or services on the site.

1.Introduction

(i) Zaynax Health is an online healthcare platform that provides 360° digital healthcare solution to its customers, and these are the terms and conditions governing your access and use of Zaynax Health along with its related sites, mobile applications, services, and tools (hereinafter referred to as the “Site“). Zaynax Health provides a wide range of healthcare services such as telemedicine service from general & specialist doctor, appointment and consultation with doctor, diagnostic and pathology tests from home & hospital, home delivery of medicine and healthcare products, health membership packages, health insurance services, nursing & physiotherapy service, ambulance booking assistance etc. services (hereinafter referred to as the “Service”) depending upon your preferences and requirement, which allows you to use the services by using our website and mobile application.

(ii) The Site reserves the right to amend, modify, add, change, or remove portions of these Terms and Conditions under this Agreement at any time without any prior notification. Changes shall be effective once posted on the Site without any notice provided on the Site or by any other means. You shall check these Terms and Conditions regularly for updates. Your continued use of the site once the changes of Terms and Conditions had been made shall be construed as your acceptance of the changed Terms and Conditions. Hence, you shall adhere to the subsequent changes accordingly and agree to be held accountable for non-compliance of any terms as contained herein.

2. Acceptance of the terms and conditions

(i) While accessing and using this Site or the Services, you agree to comply with all applicable laws and regulations of Bangladesh. You may be denied access or use of the Services or the Site and may not accept the Terms and Conditions if you are not permitted to receive any Services under the laws of Bangladesh.

(ii) You agree not to undertake any action to undermine the integrity of the systems or networks of Zaynax Health and/or any other user nor to gain unauthorized access to such systems or networks.

(iii) You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site and (b) you will not copy, reproduce, download, compile or otherwise use any Site content for the purposes of operating a business that competes with Zaynax Health, or otherwise commercially exploiting the Site content. Systematic retrieval of Site content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Zaynax Health is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms and Conditions is prohibited.

(iv) Zaynax Health may allow users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), or otherwise to such third parties‘ websites. Before accessing or using those sites you are cautioned to read such websites‘ terms and conditions and/or privacy policies. You acknowledge that Zaynax Health has no control over such third parties‘ websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on or through such websites.

(v) You agree to grant an irrevocable, permanent, worldwide and sub-licensable (through multiple tiers) license to Zaynax Health to adapt, modify, translate, display, transmit, distribute, reproduce, publish, duplicate, display, create derivative works, and otherwise use any or all of the user content in any form, media, or technology now known and for any purpose in future which may be beneficial to Zaynax Health, the operation of the Site, the provision of any Services and/or the business of the user. You confirm and warrant to Zaynax Health that you possess the entire authority, rights, power necessary to grant the above license. Information that is protected under data protection laws shall only be used and kept in compliance with the stated laws through posting or displaying any information, content or material on the Site or providing any user content to Zaynax Health or our representative(s), and to the extent permitted under applicable laws.

(vi) Users must not misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.

(vii) Users must not submit or contribute any information or content that contains nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, derogatory or uses bad or rude language, as Zaynax Health may decide in its absolute discretion.

(viii) Users must not submit contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

3. Creation and maintenance of Member’s account

(i) Users must be registered on the Sites to access or use the Services (a registered User is also referred to as a “Member” below). One user may only register one account at a time on the Site with the approval of Zaynax Health. Zaynax Health reserves the right to cancel or terminate a user’s member account if it has reasons to believe that the user has concurrently registered or is in control of two or more member accounts. Further, Zaynax Health reserves the right to reject an user’s application for registration for any reason as Zaynax Health deems appropriate.

(ii) Each Member shall be solely responsible for maintaining the confidentiality and security of their Member ID and password and for all use of and activities that occur under their account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of their Member account, ID or password by another person. Member agrees to notify Zaynax Health immediately if he/she becomes aware of any unauthorized use of their password or his/her account or any other breach of security of the account.

(iii) Members agree that all use of the Site and Services, and all activities that occur under their account shall be deemed to have been authorized by the Member.

(iv) Members shall ensure that the details provided are correct and complete at all times. Members are obligated to update details about their account in real time by accessing his account online. Zaynax Health may at any time in its sole discretion request that the Member updates their personal data or related details without giving any reason or prior notice

(v) Members hereby agree to change the account password from time to time and to keep the account secure and also shall be responsible for the confidentiality of the account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password.

4. Health Information

(i) The health information provided on the Site is solely for informative purposes as a public service to enhance customer service for our customers and to promote consumer health. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by qualified health care professionals.

(ii) Zaynax Health assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this Site. The Members are requested to consult with their health care professional for appropriate examinations, treatment, testing, and care recommendations.

(iii) The Members are requested to exercise their own judgment when using any Service or purchasing any product or selecting a health care professional through Zaynax Health or any service linked to Zaynax Health.

5. Services

(i) The consultation feature of our Service enables the users to get connected with registered medical practitioners through our Website and/or mobile application. We provide the technology platform to connect you with the medical practitioners, who shall be available to provide you with certain non-emergency medical advice.

(ii) A direct patient-physician relation will arise between you and the medical practitioner. We are not liable or responsible to you or any third party in any way in relation medical advice or service provided to you by any medical practitioner. Any advice or service that you take from a medical practitioner shall be at your sole discretion and risk.

(iii) The medical advice you receive from the medical practitioner is not a substitute for other medical treatment you may need. If you are experiencing a medical emergency, you must seek emergency medical help. For the avoidance of doubt, our Services entail the provision of non-emergency medical advice only.

(iv) In some cases, our Services may not be the most appropriate for you. In such cases, you will be informed if our Services are unable to help with your particular medical condition.

(v) A high-speed internet connection is necessary for an uninterrupted Service and it will the sole responsibility of the User to ensure proper internet facility. If any User faces any connection-related difficulty or misses any pre-scheduled consultation session due to bad internet speed or connection, We shall not be liable for the same.

(vi) The home delivery services of medicine and healthcare products shall be provided by our affiliated third-party providers, we do not deliver the medicine and healthcare products by ourselves. Such providers are responsible for delivering the products to you. We are not liable or responsible to you or any other party in any way in relation to the delivery of the medicine and healthcare products or the pricing or the products or devices sold or supplied to you by the providers or on their behalf. Any compliant or dispute that you may have in relation to, including but not limited to, the medicine or any other products delivery order etc. shall be raised directly to the provider.

(vii) We do not have control over and do not guarantee: the existence, availability, quality, quantity, safety, legality or timely delivery of medicine and healthcare products. To the fullest extent permitted by applicable law, we disclaim all liabilities and responsibilities arising from or related to in any way to the medicine and healthcare products, including (without limitation) regarding authenticity, reliability, effectiveness, title, safety, legality or quality, quantity of products or time taken by the providers or delays or failures in delivering the products. This medicine and healthcare products delivery feature is not intended for and must not be used or relied on in case of medical emergencies.

(viii) The users can avail diagnostics and pathological test and hospital facilities from our affiliated diagnostic centers, laboratories, clinics and hospitals. Such diagnostic centers, laboratories, clinics and hospitals are responsible for collecting your samples and for delivering the services and reports to you. We are not liable or responsible to you or any third party in any way in relation to the services provided by the diagnostic centers, laboratories, clinics and hospitals. Any Service that you take from those service providers shall be at your sole discretion and risk. Any complaint or dispute that you may have in relation to diagnostics and pathological test and hospital facilities shall be raised directly to the service provider.

(ix) If our healthcare professionals provide any medical advice to users based on reports from diagnostics and pathological test providers and the reports were inaccurate or incorrect or false negative or false positive, our healthcare professionals or Us, in no way whatsoever, shall be liable or responsible for such medical advice or consequences of such medical advice.

(x) Further details regarding diagnostics and pathological tests and hospital facilities may be published by us on this website.

6. Payment

(i) If you do not have health package coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Zaynax Health offers no guarantee that you shall receive any such reimbursement. Zaynax Health reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

(ii) Any invoices, bills, receipts, records or any kind of documents related to transactions shall be provided or kept with Zaynax Health by way of electronic documents format. Zaynax Health shall not liable to provide the user or the member any documents other than as aforesaid.

7. Hospital Benefits:

(i) The Hospital Benefit coverage shall include, without limitation, Hospital Cashback, Isolation Coverage and Outpatient Department (OPD) related benefits which are provided by third-party providers and not by Zaynax Health. Your Hospital Benefit claims and payments are subject to verification and sole discretion of such third-party providers. It shall be your sole responsibility to ensure that you make claims for Hospital Benefit strictly as per terms and conditions and requirements of the third-party providers. We are not liable or responsible to you or any third party in case of any claim for Hospital Benefit payment that you make is delayed or rejected by such third party providers for any valid reason. Further details regarding the Hospital Benefit may be published at our website.

(ii) The Hospital Benefit coverage shall be valid for certain period (it varies from package to package) from the date of registration and shall be applicable to any Member, who is a Bangladeshi national with good health conditions aged between 18-65 years.

(iii) Hospital Benefit Coverage feature of a package is offered to the Members by which A Member can claim up to the maximum amount for a certain number of times for himself/herself and if applicable, for family members, which is mentioned in the tables below,

(iv) General Exclusion for Hospital Cashback:

No benefit shall be paid under any package for hospitalization connected to any of the following:

• Cold/Fever/Flu

• Headache/back pain/ abdominal pain (unspecified)

• General Weakness (unspecified)

• Hospitalization due to consuming addictive substance.

• Self-recommended test not covered for Hospital Cash back.

• Any congenital infirmity.

• Circumcision, prophylactic and immunization procedures.

• Treatment of family planning purposes including termination of pregnancy, sterility or treatment related to assisted reproduction, infertility and subfertility, cost of contraception etc. However, any kind of spontaneous termination of pregnancy, including threatened abortion, missed abortion, incomplete abortion, septic abortion will be covered.

• Mental, emotional or psychiatric disorders, alcoholism or any other narcotic addiction.

• Obesity i.e., treatment for, or required as a result of obesity, any cosmetic or plastic treatment/surgery, unless required as reconstructive surgery as a consequence of an injury due to accidents, burns.

• Any procedures which is experimental or not generally accepted by the medical profession viz. acupuncture, SAAOL, CERAGEM, herbal/ayurvedic/unani/natural/homeopathy treatment and any Alternative Medical Care (AMC) etc.

• Treatment or advice by a person or professional not currently registered with BMDC (Bangladesh Medical & Dental Council)

• Rest, convalescence or rejuvenation cures, thermal baths, physiotherapy or confinement for the purposes of slimming or beautification.

• Fracture and trauma resulting from actions, while participating in any unlawful activities (e.g., driving a car without a license), attempted suicide, violation or attempted violation of the law, injuries willfully or intentionally self-inflicted or due to insanity or under the influence of a drug, except to a victim of hijacking or such incidents evident with proper documents.

• Assembly of artificial limbs & necessary treatment of the said artificial limbs. However, it will be covered if the process is required due to accident.

• Routine examination of eye and ear, fitting or replacement of eyeglasses (including contact lenses) or hearing aids, health screening including routine physical examinations (health check-ups), any dental treatment unless hospitalization is required for re-constructive surgery as a consequence of an accident or disease.

• Hepatitis B & C and any other vaccinations, all expenses incurred in connection with the donor for any treatment, AIDS and HIV diseases, and costs of prostheses, corrective devices.

• Non-surgical care for previously diagnosed TB (before buying Package). However, any case where admission will be required for diagnosing TB after buying Package will be covered.

• Sleep disorders i.e., treatment for insomnia, sleep apnoea, snoring, or any other sleep related breathing problem.

• Hospice and end of life care.

• Preexisting COVID-19.

(v) General Exclusions for Outpatient Department (OPD) Cash Coverage :

No benefit shall be paid under any package for OPD expenses connected to the following:

• Family planning.

• Eye & dental related issue.

• Beautification & skin related issue

• Consultation by Village doctor

• Consultation by Quack Doctor

• Routine check-up

• Congenital.

• Ayurvedic, Unani & homeopathy Doctor/Physician

• COVID-19

• Self-recommended Diagnostic Test

(vi) Pre-existing medical condition list for Hospital Cashback and OPD

• Pre-existing (if diagnosed before purchasing a Package) Cancer.

• Pre-existing (if diagnosed before purchasing a Package) Liver Cirrhosis.

• Pre-existing (if diagnosed before purchasing a Package) kidney disease where patient Member is undergoing dialysis.

• Pre-existing (if diagnosed before purchasing a Package) conditions requiring surgery - for which surgery was done after purchasing our Package.

• AIDS

• Other pre-existing cases like problems arising from narcotics abuse, self-harm, or unlawful activities. However, payments will be made for claims that are not related to the primary diseases/ causes mentioned in the exclusion list above, like acute appendicitis in a liver cirrhosis patient.

(vii) Eligibility for Claiming Hospital Benefit Coverage:

a. For Claims related to Hospital Cashback and Isolation:

A Member will be eligible to claim Cash Coverage only if and when all of the following conditions are met:

• The Member was hospitalized or isolated for genuine and legitimate medical grounds and needs, subject to the exclusions mentioned above.

• The hospitalization/isolation was prescribed by a qualified doctor in writing. Doctor’s prescription clearly mentions or shows prescription date, Doctor’s name, seal, signature and designation.

• The hospitalization was necessary for a minimum of 1 (One) night or more.

• The hospital was a government registered hospital.

• The Member had a valid Membership for the whole duration of the hospitalization/ isolation.

• Either Hospital Cash back or Isolation claim in connection to same COVID-19 positive RT-PCR test report shall be successful and payable by the third party provider.

• Claim must be submitted within time-limit mentioned in below.

b. For Claims related to Outpatient Department (OPD):

A Member will be eligible to claim Cash Coverage only if and when all of the following conditions are met:

• The Member has received Doctor Consultation and Diagnostic Test for genuine and legitimate medical grounds and needs; subject to the exclusions mentioned above.

• Diagnostic Test was prescribed by a qualified doctor in writing; doctor’s prescription clearly mentions or shows prescription date, Doctor’s name, seal, signature and designation.

• The Member’s name in the prescription must match his NID/Birth Certificate/Passport.

• Digital Prescription is only acceptable in case of doctor consultation by Zaynax Health.

• The Member’s chief complaints or causes should be mentioned in the prescription.

• The Member had a valid Membership during the Doctor Consultation and Diagnostic Test.

• Claim must be submitted within time-limit mentioned below.

(xi) Time limit for claiming Cash Coverage:

• For Hospital Cash back, claims must be submitted within 30 (Thirty) days of discharge from hospital.

• For isolation, claims must be submitted within 30 (Thirty) days from Doctor‘s Advice/Prescription date for Covid 19 Test.

• For Doctor Consultation, claims must be submitted within 30 (Thirty) days from prescription date.

• For Diagnostic Test, claims must be submitted within 30 (Thirty) days from Doctor’s recommendation/Prescription/Ticket date for test.

• All claims must be submitted along with all necessary documents and evidence. Any claim after the above mentioned period (as applicable) shall become automatically ineligible for Cash payment and be rejected.

(xii)Documents required for claiming Cash Coverage

a. Hospital Cashback Claim:

The following documents are mandatory and must be submitted by the Member:

• Doctor‘s Advice/Prescription for hospital admission.

• Hospital Discharge Certificate.

• Copy of Member’s National Identity Card/Smart Card/ Birth Certificate/ Passport. The ID must be the same as that was used for package registration.

• Test reports.

• Final hospital bill during discharge.

• Treatment sheet during hospitalization.

• For COVID-19 related hospitalization, COVID-19 positive RT-PCR report from a Government approved hospital, laboratory, or diagnostic center, following Government approved test procedure(s) where test center name, test report delivery date, Member’s name are clearly mentioned.

• Proof of family relationship (only applicable for claims related to Family Members) – copy of Member’s national identity card/Smart card/ Birth certificate (only for child) and marriage certificate (only for spouse).

• Any other documents that may be required from time to time by the third party provider.

b. Isolation cash coverage claim:

The following documents are mandatory and must be submitted by a Member as part of Isolation Cash Coverage claims:

• Doctor’s recommendation/ Ticket (for Govt. Hospital) / prescription for Covid 19 test

• Doctor ‘s recommendation/ prescription/ Ticket (for Govt. Hospital) for isolation

• Copy of Member’s National Identity Card/Smart Card/Birth Certificate/Passport. The ID must be the same as that was used for package registration.

• The COVID-19 positive RT-PCR test report from a Government approved hospital, laboratory, or diagnostic center, following Government approved test procedure(s) (where test center name, test report delivery date, Member’s name are clearly mentioned)

• COVID-19 TEST SMS REPORT WILL NOT BE ACCEPTED.

• Proof of family relationship (only applicable for claims related to Family Members) – copy of Member’s national identity card/Smart card/ Birth certificate (only for child) and marriage certificate (only for spouse).

• Any other documents that may be required from time to time by the third party provider.

c. Outpatient Department (OPD) cash coverage claim:

For Doctor Consultation:

• Specialist or general doctor’s Prescription (where Member’s name, prescription date, chief complaint, Doctor’s name and designation are clearly mentioned).

• Copy of Member’s National Identity Card/ Smart Card/ Birth Certificate/ Passport. The ID must be the same as that was used for package registration.

• For Doctor Consultation within Zaynax Health, screenshots of the full prescription has to be submitted where the Member’s name, prescription date, chief complaint, Doctor’s name and designation are clearly mentioned.

• Proof of family relationship (only applicable for claims related to Family Members), copy of Member’s national identity card/Smart card/ Birth certificate (only for child) and marriage certificate (only for spouse).

• Any other documents that may be required from time to time by the third party provider

For Diagnostic test:

• Doctor’s prescription/ recommendation/ Ticket (for Govt. Hospital) for the test (where Member’s name, Doctor’s Name and Doctor’s designation are clearly mentioned)

• Copy of Member’s National Identity Card/Smart Card/ Birth Certificate/ Passport. The ID must be the same as that was used for package registration.

• Test reports (where Member’s name, Test Report date & Test Centre Name are clearly mentioned)

• Bill Papers (where Member’s name, bill date, seal, signature & test center name are clearly mentioned)

• Proof of family relationship (only applicable for claims related to Family Members) – copy of Member’s national identity card/Smart card/ Birth certificate (only for child) and marriage certificate (only for spouse).

• Any other documents that may be required from time to time by the third party provider.

(xiii) Procedure of applying for Cash Coverage Claims:

a. The Member will need to send the clear photos/scan copies of the required documents (mentioned above) along with the following documents to this email address: [email protected].

b. Once the phone number is verified and all documents are submitted, the insured or his/her nominee will be contacted by Zaynax Health team as well as the third party provider.

(xiv) Payment of the Cash Coverage:

a. Payment for successful claim shall be made to the Member’s mobile wallet/ bank account for Hospital Cash back/ OPD/ Isolation/accidental disability. The Member’s mobile wallet/bank account has to be with the same Mobile Number against which the Package is registered.

b. If the Member’s such mobile wallet/bank account is not active for any reason (such as Invalid / Inactive / Frozen), then the Member will be notified, and he/she will be requested to activate the mobile wallet account. If Primary Member fails to activate the account within the next 3 (three) working days from the notification, then the claim will be automatically rejected and closed.

(xv) Documentation Policy for Cash Claims

a. All documents related to Hospital Benefit coverage claims must be scanned or photographed clearly from the original ones and uploaded/sent through website/mobile application/Email (as applicable).

b. If any document is uploaded/sent where the required Member information (as mentioned above) is not mentioned, such documents will not be accepted, and the claim will automatically be dismissed.

c. If any of the document is unclear or blurry or not readable (due to any reason) then the concerned Member will be notified, and the proper document(s) must be submitted within the next 3 working days from the notification. Failure to provide such required documents within this time period will result in rejection of the claim.

d. If any document was not submitted within the time limitation of claim submission, then the concerned Member will be notified about it and the required document(s) must be submitted within the next 3 working days from the notification. Failure to provide such required documents within this time period will result in rejection of the claim.

e. If there appears any inconsistency of information in the submitted documents, the claim shall be rejected.

f. If there is any editing, overwriting, scratching, and/or use of corrective fluid on the submitted documents then the claim shall be rejected.

g. Members shall be held responsible and liable for any kind of misbehavior, misuse and unethical activity including forgery, counterfeiting, tampering or altering the supporting documents during and/ or before submitting the supporting documents for Hospital Benefit payments, no matter even if such activity gets revealed after the claim payment is processed and payment is made. Zaynax Health and third party providers reserve the right to initiate legal actions against such individuals as per the applicable laws in such cases

h. The relevant authorities’ signatures, seals, and dates must be clearly visible on all the relevant documents and relevant Doctor‘s name, signature, seal, and dates must be clearly visible in applicable cases, otherwise the claim shall be rejected.

i. In all claim the relevant documents, Member’s name must match his/ her NID/smart card/birth certificate/passport, otherwise the claim shall be rejected.

(xvi) Procedure of Claim review:

a. All Hospital Benefit Coverage claims are subject to independent scrutiny of the third party provider. They reach a decision within 30 (Thirty) working days of submission of all necessary documents. The 30 (Thirty) working days period is counted from the day when all the documents & information required to process a claim have been received by the third party provider.

b. In case of successful claims, the third party provider usually make payments to the Member within 30 (Thirty) working days of reaching a decision. Please be noted that, claim review and payment period can be longer in certain cases.

c. Hospital Benefit Coverage claims that do not comply with terms and conditions as mentioned herein shall get rejected and closed automatically.

d. All information and decisions regarding Hospital Benefit Coverage claims will be communicated to the concerned Member or registered nominee (as applicable) via phone calls/SMS/email.

8. Misconduct

(i) The user or the member may file a complaint with issues related to the misconduct of the representative of Zaynax Health with 3 (three) days from the occurrence of such misconduct. Zaynax Health shall take appropriate actions against the representative immediately from the receipt of the said compliant.

(ii) The Members are expected to behave politely with the representatives of Zaynax Health at all times. Any kind of misconduct with the representative shall result in taking immediate legal actions against the Member.

(iii) The Member shall face legal consequences for any kind of abusive, insulting, offensive and derogatory comments posted on Zaynax Health facebook page or any other related mediums of Zaynax Health.

9. Intellectual Property Rights

(i) Zaynax Health is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Zaynax Health, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms and Conditions or by Zaynax Health are hereby reserved.

(ii) Zaynax Health’s marks and other marks indicated on the Site are trademarks or registered trademarks in the relevant jurisdiction(s). The graphics, logos, page headers, button icons, scripts and service names are the trademarks and may not be used in connection with any product or service that does not belong to Zaynax Health or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zaynax Health. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zaynax Health.

(iii) Zaynax Health may have independent third parties involved in the provision of the Site or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

10. Notice

(i) All legal notices or demands to or upon Zaynax Health shall be made in writing and sent to Zaynax Health personally, by courier or certified mail to the following entity and address: Star Center, Holding No - 2A, Block SE (C), 3rd Floor, Road - 138, Gulshan Avenue, Dhaka-1212. The notices shall be effective when they are received by Zaynax Health in any of the above-mentioned manner.

(ii) All legal notices or demands to or upon a user shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the user to Zaynax Health, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge.

(iii) Members agree that all agreements, notices, demands, disclosures and other communications that Zaynax Health sends to them electronically shall satisfy any legal requirement that such communication should be in writing.

11. Termination

(i) You may unsubscribe from our Services after a minimum subscription period of one month, at any time for any reason by sending an email to _________________ which indicates your intention to unsubscribe from our Services or by calling Zaynax Health or through the Site.

(ii) You must subscribe to the Services for a minimum period of one month, such period starts from the date that you first subscribe to our Services. You understand that termination of your subscription to the Services may involve erasure/deletion of your information from our databases. However, we may retain your information in accordance with applicable laws and professional standards and as set out in the Privacy Policy.

(iii) You agree that we will not be liable to you or any third party for any termination of your access to our Services or erasure, deletion or removal of your information from our databases following termination of your subscription to the Services.

(iv) After such termination, Zaynax Health will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or healthcare professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

12. Limitation on liability

(i) TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY ZAYNAX HEALTH ON OR THROUGH THE SITE ARE PROVIDED “AS IS“, “AS AVAILABLE“ AND “WITH ALL FAULTS”, AND ZAYNAX HEALTH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

(ii) The Site may make available to user services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Zaynax Health or its affiliates be held liable for any such services or products.

(iii) Zaynax Health shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Site or Services; b) any defect in goods, samples, data, information or services purchased or obtained from a user or any other third party through the Site or Services; c) violation of third party rights or claims or demands that user‘s manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site or through the Services may violate or may be asserted to violate third party rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants; d) unauthorized access by third parties to data or private information of any user; e) statements or conduct of any user of the Site or Services; or; f) any matters relating to the Site or Services, however arising, including negligence.

(iv) The Site may make available to user services or products provided by independent third parties. No warranty or representation is made with regard to such Services or products. In no event shall Zaynax Health or our affiliates be held liable for any such Services or products.

13. Indemnification

You agree to indemnify, defend and hold harmless Zaynax Health, Zaynax Health professionals and their officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees ( “Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.

14. Resolution of Disputes

(i) If any dispute, arises relating to the Service in the first instance please contact Zaynax Health through email as provided in the website of Zaynax Health and attempt to resolve the dispute with Zaynax Health informally.

(ii) If the dispute is not settled by the Users within a reasonable time, Zaynax Health will try to settle the dispute by way of mediation through the mediation resolution process. Zaynax Health shall not bear any costs arising out as such.

15. Governing law

The governing shall be law of Bangladesh only. Bangladeshi law will apply to all disputes and the interpretation of these Terms and Conditions. The Bangladeshi courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service.

16. Assignment

Zaynax Health reserves the right to assign and/or transfer these Terms and all the rights and obligations pursuant thereto to any third party for any reason whatsoever, including in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or any other disposition. In case of such assignment and/or transfer, all information provided to us pursuant to these Terms, will be transferred to that third party and you agree to provide reasonable assistance in this regard.

17. Force Majeure:

Zaynax Health will not be liable for failure or delay to perform obligations which have become practicably impossible because of circumstances beyond the reasonable control of Zaynax Health. Such circumstances include without limitation natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the reasonable control of Zaynax Health.

18. Complaints

In the first instance, complaints or grievances should be addressed to the customer service team of Zaynax Health. You can contact us via telephone, email or letter using the following contact details:

Phone: +8809638777666

Email: [email protected]

Address: Star Center, Block SE (C), Level -03, Gulshan Avenue, Gulshan - 1, Dhaka - 1212, Bangladesh