With effect from April 1st, 2019
Welcome to www.saathealth.com (the “Website”). This Website is owned and operated by Swapnadarshak Health Pvt Ltd, having its office at 1103, Glen Croft, Hiranandani Gardens, Powai, Mumbai 400076 (hereinafter referred to as the “Company” or “us” or “we”, which expression shall mean and include its officers, successors and permitted assigns). The Website provides information about a mobile application that provides users with healthcare, nutrition and early childhood development content in a gamified, engaging format. (“Services”).
1. Applicability and Amendment of Terms
1.2 Your use of the Website or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to, or wish to, be bound by the terms of the Agreement, you may not access or otherwise use the Website or the Services.
1.4 Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
2. Registration and Access
2.1 If you wish to avail the Services, you will have to download the app on the Website or from Google Playstore and become a registered user. By registering, you agree that you are appointing the Company to provide you the Services on the terms of the Agreement and on such terms as may be mutually agreed between the parties.
2.2 Registration is done only through the mobile application and is a one time process. If you have previously registered on the application, you may login into your account using the same credentials as provided by you during the registration process.
2.3 It is your responsibility to keep your account information current and accurate. You agree to (a) ensure that you exit from your account at the end of each session, and (b) immediately notify the Company of any unauthorized use of your account information or any other breach of security. The Company cannot, and will not, be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.
2.4 We reserve the right to refuse access to the Website and application, to terminate accounts, remove or edit content at our discretion.
2.5 We will try to make the Website error-free. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at your end.
3. Interaction on the Website
3.1 You understand and agree that any interactions and associated issues with other users of the Service on the Website including but not limited to your health issues and your experiences is strictly between you and the other users. You shall not hold the Company responsible for any such interactions and associated issues. The Company is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any outcome between you and the doctor, hospital or any other health care provider (“Provider”) you ultimately interact with. If you decide to engage with a certain Provider to provide medical services to you, you do so at your own risk. The Company shall not be responsible for any breach of service or service deficiency by any Provider. We cannot assure nor guarantee the ability or intent of Provider to fulfill their obligations towards you. We advise you to perform your own investigation prior to selecting a Provider.
3.2 You understand that once you register as a User on the Website, you will receive SMS messages from us on your registered mobile number. These messages could relate to your registration, any updates and promotions that are undertaken by us. Please note that we will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular purpose.
4.No Doctor – Patient Relationship
4.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between the Company and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
4.2 It is hereby expressly clarified that, the Information and reviews that you obtain or receive from the Company, and its employees, contractors, partners, sponsors, advertisers, licensors, users or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
5.1 We grant you a limited license to access and make personal use of this Website. However, all information, content and material contained in the Website is and continues to be Company’s intellectual property. Further, all trademarks, services marks, trade names and trade secrets are proprietary to the Company. No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorised use terminates the permission or license granted by us in terms of the Agreement.
5.2 You expressly understand and agree that:
(a) The information, content and material on the Website and / or Service is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents and partners, if any, disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
(b) The Company does not warrant that (i) the functions contained in any content, information and material on the Website, including, without limitation any third party sites or services linked to the Website and / or that the Service will be uninterrupted, timely or error-free, (ii) the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components;
(c) Any material downloaded or otherwise obtained through the Website is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system; and
6.Representations and Warranties by the Users
6.1 By using the Website, you represent and warrant that:
(a) You are 18 years of age or older and that your use of the Website will not violate any applicable law or regulation; and
(b) All information provided on the Website by you is true, factual and accurate and you agree to maintain the accuracy of such information.
7.Conditions of Use
7.1 You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
7.2 You covenant that you will not:
(a) modify any content of the Website;
(b) decompile, reverse engineer or disassemble the content;
(c) use the Service in any way that is unlawful or harms the Company or any other person or entity, as determined in Company’s sole discretion;
(d) make false or malicious statements against the Services or Website or the Company;
(e) post, copy, submit, upload, distribute or otherwise transmit or make available any software or other computer files that contain a virus or other harmful components, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or the Services;
(f) engage in any form of antisocial, disruptive or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
(g) post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;
(h) delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify; and
(i) host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which the user does not have any right;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harm minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
No payments are required to use the Services. The Company reserves the right to change any or all parts of its payment policy without notice or liability to the user or any third-party.
9.Links to Third Party Websites
You hereby agree to indemnify, defend and hold the Company, the Company’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website or the Services and / or the violation of the Agreement by you.
11. Limitation of Liability
11.1 You acknowledge and undertake that you are accessing the Services through the Website, transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website.
11.2 To the fullest extent permitted by law, under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses, resulting from any circumstances, including:
(a) the use or the inability to use the Services; or
(b) unauthorized access to or alteration of your transmissions or data; or
(c) any other matter relating to the Website and / or Services.
whether or not foreseeable, and whether or not the Company has been advised of the possibility of such damages.
11.3 We shall neither be liable nor responsible for any actions or inactions of the other users of the Website nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Website.
11.4 Further, none of the directors, officers or employees of the Company shall be personally liable for any action in connection with the Website or the Services.
12.1 Your personal and non-commercial use of the Website shall be subjected to the following restrictions:
(a) you may not modify any content of the Website;
(b) you may not decompile, reverse engineer, or disassemble the content; or
(c) you may not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use the Website in any manner that may be harmful to the operation of the Website or its content.
(a) suspend or terminate your access to the Website with or without notice to you; and
(b) to remove such non-compliant information from the Website; and
(c) to exercise any other remedy available under law.
Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Website. Upon suspension or termination, your right to avail the Services and access to the Website will immediately cease and Company reserves the right to remove or delete your information that is available, including but not limited to login, account information and information posted by you.
14. Access outside Republic of India
19.Newsletters And Communications
You hereby expressly agree to receive communications and newsletters from the Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by following the procedure set forth in the Website.
If you have any grievance with respect to the Website or the Services, including any discrepancies and grievances with respect to processing of information, you can contact firstname.lastname@example.org
All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to the Company: email@example.com
If to you: at the email address provided by you to us
24. Electronic Record