Terms and Conditions – Saathealth

Terms and Conditions

General Terms Of Use

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

1.1 These terms and conditions of use (“Terms of Use”) and the privacy policy available at Privacy Policy (“Privacy Policy”) apply to all visitors and users of the Website (“users” or “you”). We request you to carefully go through these Terms of Use and the Privacy Policy before you decide to access this Website or use the Services made available through the Website. These Terms of Use and the Privacy Policy, together constitute a legal agreement (“Agreement”) between you and the Company in connection with your visit to the Website and your use of the Services. The above mentioned constituents of the Agreement shall at all times, be read together and shall be deemed to be incorporated herein by reference.

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.

1.3 We reserve the right to modify or terminate any portion of the Website or the Services offered by the Company or amend the Terms of Use for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review the Agreement The Company may require you to provide your consent to the Agreement, as updated, in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, your continued use of the Website will constitute your acceptance of such changes.

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.Website Content

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

(d) Company cannot and will not assure you that other users of the Website are or will be complying with the foregoing rules or any other provisions of these Terms of Use. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

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.

8.Payment

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

The Website includes links to other websites whose terms and privacy practices may differ from those of the Company. The inclusion of a link does not imply any endorsement by the Company of the third party website, the website’s provider, or the information on the third party website. If the users access or submit personal information to any of those websites, such access and information will be governed by the terms of use and privacy policies of such third party websites and the Company disclaims all responsibility or liability with respect to the terms, policies or the websites. The users are encouraged to carefully read the terms and privacy policy of any website that they visit.

10.Indemnity

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.Restrictions

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.

13. Termination

13.1 In case of non-compliance with the Terms of Use or Privacy Policy or in the event any other user reports violation of any of their rights as a result of your use of the Services, the Company reserves the right to immediately

(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

The Company makes no representation that the content contained on the Website is appropriate to be used or accessed outside the Republic of India. If the users use or access the Website from outside the Republic of India, they do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor should they be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.

15.Applicable Law

You agree that the interpretation of this Agreement and the resolution of any disputes arising under these Terms of Use shall be governed by the laws of India without regard to principles of conflict of laws.

16.Arbitration

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Website or the Service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.

17.Report Abuse

In the event you come across any abuse or violation of the Terms of Use or if you become aware of any objectionable content on the Website, please report it to support@saathealth.com

18.Privacy Policy

In addition to these Terms of Use, we have also published the Privacy Policy which sets out the privacy practices of the Website. The Privacy Policy has been published in accordance with the provisions of the Information Technology Act, 2000 and the applicable rules made thereunder. In accessing this Website and availing the Services provided herein, you confirm that you have read, fully understand and accept the Privacy Policy.

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.

20.Grievance Officer

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 support@saathealth.com

21.Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

 22. Notices

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: info@saathealth.com

If to you: at the email address provided by you to us

23.Waiver

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

24. Electronic Record

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Website.

25.Complete Understanding

These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

You have read these Terms of Use and agree to all of the provisions contained above