India Addendum
ADDENDUM TO VIRGIL HEALTH LLC’S TERMS OF USE
INDIA ADDENDUM
LAST UPDATED: 01 OCTOBER 2025
PURPOSE OF THIS ADDENDUM
This Addendum supplements Virgil Health’s Terms of Use (“Terms”) for consumers resident in India. It modifies or overrides provisions of the Terms only to the extent required by mandatory Indian law. Where there is any conflict between the Terms and this Addendum for such consumers, this Addendum prevails to the extent of that conflict.
For clarity, and only where required by applicable Indian law, this Addendum prevails over any inconsistent wording in the Terms, including any provision purporting to limit remedies to discontinuing use of the Services (the “sole and exclusive remedy” provision), but only to the extent such wording would restrict mandatory rights or remedies under Indian law.
Nothing in this Addendum expands Virgil Health’s obligations or your rights beyond what applicable law requires. All other provisions of the Terms remain unchanged and in force.
1. GOVERNING LAW AND JURISDICTION
1.1 Governing Law. The Terms are governed by the laws of the State of Wyoming, USA. This choice of law does not deprive Indian consumers of the protection of mandatory Indian law. Where Wyoming law conflicts with mandatory Indian provisions, the Indian provisions prevail.
1.2 Jurisdiction. If you are a consumer resident in India, you may bring proceedings relating to the Terms before a court or consumer commission of competent jurisdiction in India where such right is granted by applicable law. Virgil Health will not rely on any forum clause in the Terms to prevent you from doing so where that right is guaranteed by law.
2. PRE-LITIGATION PROCESS (NON-ARBITRAL)
2.1 Pre-Action Notice
Before filing suit or a consumer complaint, you must email a written notice to info@virgilhealth.care that includes: (a) your full name and address; (b) booking reference(s); (c) a concise statement of facts; (d) the specific contractual provision(s) or legal basis relied on; (e) the remedy demanded; and (f) the key documents you will rely on (attached where possible). Virgil Health has thirty (30) days from receipt to respond and propose a resolution. This requirement does not prevent you from bringing proceedings after that period and does not suspend, extend, or toll any statutory limitation period.
2.2 Mediation
Either party may propose mediation at any time. If both parties agree, each will participate in good faith. Mediation does not restrict your right to bring court or consumer-commission proceedings if the dispute is not resolved.
3. COLLECTIVE / REPRESENTATIVE PROCEEDINGS
3.1 Statutory Mechanisms Only.
You may participate in representative, group, or class proceedings only to the extent expressly provided by Indian law, including procedures under the Consumer Protection Act and the Code of Civil Procedure.
3.2 No Extra-Statutory Aggregation
You may not initiate or join collective proceedings outside statutory mechanisms. Except as required by mandatory Indian law, you may not assign, transfer, or aggregate your claim to third-party claims vehicles or claims managers.
3.3 Individual Steps First. Before participating in any statutory collective proceeding concerning your claim against Virgil Health, you must complete the Pre-Action Notice in Section 2.1.
3.4 Case Management and Stays
Where a statutory collective proceeding overlaps with your individual claim, Virgil Health may request appropriate case-management measures (including stay, coordination, or consolidation where available) to avoid duplication and inconsistent outcomes.
4. RIGHT OF WITHDRAWAL
Indian law does not provide a general statutory cooling-off right for standard online bookings of services. The Terms do not create any additional right of withdrawal beyond what Indian law requires. Bookings tied to a specific date and time may be non-refundable once confirmed, in accordance with the Terms.
5. LIMITATIONS OF LIABILITY
Nothing in the Terms or this Addendum excludes or limits liability to the extent such exclusion or limitation is not permitted under Indian law, including liability for fraud. All other liability provisions in the Terms continue to apply.
6. PLATFORM SCOPE AND CLINICAL SERVICES
6.1 Platform Only. Virgil Health provides access to its platform, informational content, and other non-clinical services. Virgil Health does not provide medical consultations, diagnosis, treatment, or prescribing in India.
6.2 Independent Clinicians. If you engage with an independent licensed clinician through tools accessible from the Services (including via third-party platforms), any consultation, diagnosis, treatment, or prescribing is provided solely by that clinician under separate terms and consents presented at the point of care. Virgil Health does not supervise or control clinicians’ professional judgment.
6.3 No Virgil–Patient Relationship. Nothing in the Terms or this Addendum creates a practitioner–patient relationship between you and Virgil Health. Any statutory patient rights under Indian law apply only between you and the clinician who provides the clinical services.
6.4 Telemedicine Consent and Records. Where telemedicine is used, any required patient information and consent is obtained by the clinician at the point of care. Clinical records are created and maintained by the clinician in accordance with Indian law and professional obligations, not by Virgil Health.
7. COPYRIGHT / NOTICE-AND-TAKEDOWN
For consumers resident in India, any reference in the Terms to the U.S. Digital Millennium Copyright Act (DMCA) is replaced by this clause.
Notices. If you believe content available through the Services infringes your rights, send a notice to info@virgilhealth.care that includes: (a) your full name and contact details; (b) identification of the work(s) or right(s) allegedly infringed; (c) the exact location (URL or sufficient description) of the material on the Services; (d) a description of the alleged infringement; (e) a statement that you have a good-faith belief the use is not authorized by the rights holder or the law; (f) a statement that the information in the notice is accurate and that you are the rights holder or authorized to act; and (g) your signature (physical or electronic).
Action. Upon receiving a sufficiently precise notice, Virgil Health will assess it and, where legally required, remove or disable access to the material. Virgil Health may notify the user who posted the material and, where necessary, share the notice details to address the claim.
Response by the user. The user who posted the material may submit a response explaining why the material is lawful and providing supporting information. Virgil Health will consider the response and may restore or keep the material disabled, consistent with applicable Indian law.
Repeat infringements. Virgil Health may restrict or terminate accounts that are repeatedly associated with unlawful content, taking into account the circumstances and applicable law.
Reservation. Nothing in this clause limits any statutory rights or remedies available to rights holders or users under Indian law.
8. INSURANCE AND REIMBURSEMENT
Virgil Health does not submit claims to or interact with public health schemes or with private insurers in India. You are responsible for paying all fees through the platform. Any entitlement to reimbursement from a public or private payer must be pursued directly with that payer.
9. LIMITATION PERIODS
Any contractual limitation periods in the Terms apply only to the extent permitted by mandatory Indian law. Where Indian law prescribes longer mandatory limitation periods, those periods apply.
10. GRIEVANCE REDRESSAL
Virgil Health designates the following Grievance Officer for India:
Name: [Full Name]
Designation: Grievance Officer (India)
Email:
Phone: [+91-XXXXXXXXXX]
Postal Address: [Full Indian Address]
Acknowledgement & Resolution. Complaints sent to the Grievance Officer will be acknowledged within twenty-four (24) hours and resolved as soon as practicable and within fifteen (15) days of receipt, or within any stricter period required by applicable Indian law.
How to Submit. Send your complaint to the email or postal address above and include: (a) your full name and contact details; (b) booking reference(s); (c) a concise statement of facts; (d) the remedy sought; and (e) supporting documents. This requirement does not suspend, extend, or toll any statutory limitation period.
No Expansion of Remedies. This clause does not create remedies beyond those required by law and does not affect any other rights or obligations under the Terms or this Addendum.