Terms & Conditions1. INTRODUCTION
Rakshobhya Healthcare (hereinafter referred to as “we”, “us”, or “Company”) is engaged in the business of retailing contact-free health monitoring devices and associated software under the brand ‘Vaximum’ which provides home vaccinations, corporate vaccinations & community vaccinations.
This document (the “User Terms”) read with the applicable Service Documents sets out the terms and conditions which govern the use of the Services by the Customer (hereinafter referred to as “you”, “your” or “User” or “Customer”) and describe the terms on which the Company offers you access to the Services.
Defined Terms: Unless the context otherwise requires, capitalized terms not defined herein shall have to meaning ascribed to such terms in the binding agreement executed between the Company and the Customer governing the provision of the Services by the Company (“Agreement”).2. BINDING CONTRACT
By executing the Agreement, you signify your acceptance of these User Terms which take effect on the date on which such Agreement becomes effective. By accepting these User Terms, you also accept and agree to be bound by Company’s policies, as amended, from time to time in accordance with these User Terms.
As long as you comply with the Service Documents, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Services. As part of the Platform Services (forming part of the Services), if so, agreed between you and the Company under the Agreement, the Company also provides you with a personal, non-exclusive, non-transferable, and limited privilege to use the Software on the terms and conditions set forth herein, or otherwise in the Service Documents.
For the purposes of these User Terms and the other Service Documents, the term “Software” shall mean and include the application programming interfaces (source code and/or object code as applicable), with the exception of any open source software (forming part thereof), documentation, sample code, simulators, software development kits, tools, libraries, data, files, and materials provided or made available by the Company to you for the purpose to transferring, transmitting or otherwise making available the data collected by the Devices (including but not limited to, End User Data) to you or your servers, applications, platforms and/ or databases.
These User Terms are an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder (as amended from time to time) and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
While these User Terms will apply to your use of the Platform and/ or the Platform Services, there may be additional terms, if applicable, such as the terms imposed by the mobile application stores like Apple's AppStore, Android's Play Store, from time to time which will govern the use of the Application if the Application has been downloaded from these platforms or usage terms imposed by any third party software system providers providing dashboard, ticketing or similar services which will govern the use of such services (together the “Additional Terms”). Such Additional Terms, to the extent applicable, are hereby deemed to be incorporated into these User Terms by way of reference.3. USER COVENANTS
By executing the Agreement, you agree and acknowledge that:
you will use any or all of the Services provided by the Company only for the purposes that are permitted by and are in accordance with (a) the Agreement, (b) these User Terms, (c) the SOWs, and (c) applicable law, and not for any fraudulent purposes or with a view to cause nuisance, annoyance or inconvenience;
all the calls made to the Company, or any reason or purpose whatsoever, may be recorded by the Company for quality and training purposes; and
you are solely responsible for any breach of these User Terms and for the consequences resulting from such breach (including any loss, damage or expense suffered or incurred by the Company or its affiliates/business partners/vendors).
As mandated by the Information Technology (Intermediaries Guidelines) Rules, 2011, and to the extent it is applicable to these User Terms, the Company hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates or defames another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
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 cognisable offence or prevents investigation of any offence or is insulting to any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Platform;
transmitting any information on or through the Platform that is disruptive to the provision of the Services provided by the Company;
intentionally submitting on the Platform any incomplete, false or inaccurate information;
making any unsolicited communications to other users of the Platform;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
copying or duplicating in any manner any of the information available on the Platform;
framing or hot-linking or deep-linking any contents from the Platform;
accessing or tampering with the non-public areas of the Platform and the Company’s computer systems, or the technical delivery systems of its providers;
testing the vulnerability of the Platform or breaching any security or authentication measures implemented by the Company; and
accessing the Services through the use of any mechanism other than as provided in the Service Documents.
The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 3.2 and/or clause 3.3 above, shall be entitled to disable such information that is in contravention of clause 3.2 and/or clause 3.3 and the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
Covenants with respect of usage of the Software: Subject to your adherence and compliance with the Service Documents, and if applicable under the Agreement, the Company shall share (and disclose) the End User Data, in form, manner and substance agreed with you, to you, by way of providing the necessary Software, as may be agreed between you and the Company (along with reasonable assistance for integration of the Software into your software infrastructure, including applications, dashboard software or other software systems). You hereby accept, acknowledge and agree that, in the event that the any PII pertaining to the End Users, is made available to the Company by you pursuant to the provision of the Software to you (as part of the Services), or otherwise comes into the possession of the Company pursuant to, or incidental to, the provision of the Services to you, the Company may, subject to the applicable law of the jurisdiction in which the relevant End User is situated or where the relevant Device in question is being used or utilized by and End User, be required to disclose to such End User(s) by way of notification to the such End User, that the Company by virtue of its relationship with the Customer has been given access to the PII of such End User.
Covenants with respect to End User Data: You hereby represent and covenant, to the Company that:
the End User Data will be used by you (or the Authorized Persons) solely for the purposes of providing the services to the relevant End User as agreed between you and the relevant End User;
the End User Data will not be disclosed to any Third Party without our prior written consent, in each such case of proposed disclosure;
the End User Data will be shared with the Customer’s officers, directors, agents, and employees who require access to such information to perform their respective functions in the provision of services to the End Users (each such person, an “Authorized Person”), and the Customer shall procure that each such Authorized Person is bound by confidentiality obligations of such nature that is necessary, and expedient, in order to protect and safeguard the confidentiality of the End User Data;
the End User Data will be treated as ‘Confidential Information’ (as defined in the Agreement) and such information shall be used only in accordance with applicable law and the relevant provisions of the Agreement.
It is expressly agreed between you and the Company that any direct claims, losses, liability, damages or costs incurred by the Company, in connection with a breach of this clause 3.6 by you (or the Authorized Persons) shall be indemnifiable by the Customer in accordance with the Agreement.
For the purposes of these User Terms and the other Service Documents, the term “End User Data” shall mean the (i) health data/ information, including but not limited to, reports, monitoring data, compilations, readings, sleep patterns, cardiovascular and breathing patterns or such other readings, measurements or data, (ii) account related data, including but not limited to, usernames and passwords and (iii) any other PII of the End Users, generated through the use of the Devices (and other Services) by the End Users, harnessed by the Company and shared with the Customer.THIRD PARTY SERVICES AND INFORMATION
The Company may provide information on the Platform regarding third party website(s), mobile applications, affiliates or business partners and/or contain links to their websites, products offered by them, or content provided by them. Such information, links, and products are provided solely for the purpose of your reference or to incentivize you to use the Services. The Company is not endorsing third party material on the Platform, is not responsible for any errors and representation relating to such third-party material, and is not associated with such third-party material, and you shall access these third-party websites, buy their products, and/or access their content at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Platform, other than such Software which is developed by the Company, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.
The Platform may also host services which are provided by third parties (“Third Party Services”) or provide options to its users to use Third Party Services through the Platform. In such cases, you agree that you shall be subject to adhere to the terms and conditions of the Third-Party Services framed by the third-party service providers (“Third Party Providers”).
[The End Users may access Third Party Services using reward points offered by the Company. Provided, that, the Company reserves all rights to change the terms of the reward points, remove any Third-Party Services from the Platform, discontinue the reward point system or debar any Third-Party Providers from the Platform.]RESPONSIBILITIES OF THE COMPANY
While the Company endeavours to provide Services on par with industry standards and technology support at all times, the Company assumes no responsibility, and shall not be liable for, any damages caused by viruses, trojans or any other form of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Platform and which may have an adverse impact on your experience of browsing or using the Platform. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by all kinds of malicious software.
The Company regularly undertakes feedback of its users relating to the use of the Platform and the Company endeavours to improve the Platform based on such feedback at regular intervals. However, the Company cannot assure you that your feedback will be accommodated, at all times, while performing changes to the Platform.
In the event you are facing any issues relating to the Platform Services, you should reach out to the technical support team of the Company using in platform support tool or by sending an email at firstname.lastname@example.orgDISCLAIMERS
The contents of the Platform are for general information and reference purposes only and are not intended as medical advice or medical data. Due to the vagaries that can occur in the electronic distribution of information, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in the functionality of any or all of the Services. While the Company endeavours to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability thereof for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The Company periodically conducts scheduled maintenance and upgradation exercises for the Platform and the Platform Services which may impact the performance of the Platform and some functions and features may not be fully operational during those periods. Such maintenance and upgradation exercises will be conducted with prior notification to you.
While every effort is made by the Company to keep the Platform up and running smoothly, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control.
You acknowledge and agree that at no time are we making any representation or warranty regarding any goods, services, or content provided by a Third-Party Provider nor will we be liable to you or any such Third-Party Provider for any consequences or claims arising from or in connection with the goods provided by such Third-Party Provider. You hereby disclaim and waive any rights and claims you may have against us with respect to goods or services or content of a Third-Party Provider.
You understand and agree that the use of the Services requires electricity, internet connectivity and telecommunication links without which the Services will not be accessible. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. We will not be liable for any issues in the Services that arise directly or indirectly due to faulty or lack of electricity, internet connectivity, and/or telecommunication links.
You understand, agree and acknowledge that:
Please note that any and all information, data, reports, generated by the Company pursuant to use of the Services is not verified by certified medical practitioners and should not be treated or relied upon as medical advice or a medical report or medical data. The accuracy of the data collected and presented through the you use of the Services is not intended to match that of medical devices or scientific measurement devices;
any data, information and other content (including blogs, videos, infomercials) are for reference only and should not be treated as medical information or medical data;
the Company strongly recommends that a certified medical practitioner be contacted in case any medical assistance or intervention is required (including but not limited to medical tests and examinations); and
the Company disclaims any and all liability for any damage, injury, death or disablement suffered by you/ End User (as applicable), in connection with or related to your use of the Services.INTELLECTUAL PROPERTY RIGHTS
The Company is the sole owner of all intellectual property rights in the Device and the Platform, and it is either the owner or the licensee of the materials/contents published therein (excluding the materials and contents published or uploaded by the users of the Platform). Copying, storing, distributing, transmitting or otherwise modifying any content on the Platform other than for your personal use is prohibited and shall amount to an infringement of the intellectual property rights of the Company or the relevant licensor(s) under applicable laws. If you print off, copy or download any part of the Platform in breach of these User Terms, your right to use the Services will cease immediately and you must, at your option, return or destroy any copies of the materials you have made.
All rights not otherwise claimed under these User Terms are hereby reserved.
We accept no responsibility for any errors or omissions, or for the results obtained from the use of the information or content available on the Platform. All information provided on the Platform is provided “AS IS” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability and fitness for any particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).TERMINATION
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services if you breach the Service Documents. Upon any such suspension, deactivation, or termination, we may delete or remove information related to the Services on the Platform. You may terminate your account at any time by contacting the technical support team of the Company using the in-platform support tool on the Application or by sending an email at email@example.com. Upon your termination of your account, all PII pertaining to the relevant Customer and the relevant End Users will be destroyed, however, non-identifiable and anonymized demographic heath information or data may continue to remain to be stored on the Company’s servers/ database(s). Such non-identifiable and demographic heath information or data will remain anonymized and may not be capable of being recovered in the event you choose to create a new account or re-access the services.COMPLAINTS
We are committed to provide excellent user experience. Therefore, we attend to user complaints with diligence. We aim to respond to your complaints within 3 working days. All complaints and feedback should be addressed to the following email ID firstname.lastname@example.org.
THE TERMS OF SALE AND WARRANTIES CONDITIONS OF THE DEVICE(S)RETURN POLICY
While it is our practice to confirm orders by e-mail, your receipt of an e-mail confirmation does not constitute our acceptance of our confirmation of an offer to sell a product or service. You represent and warrant that you have the right to use the payment method that you choose to use to complete any such transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating requisite transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction.
The actual delivery of your service can be impacted by many events beyond our control, and you agree we are not liable for late deliveries. Title to the service will pass to you upon delivery of the products to the carrier, however, risk of loss of, or damage to, the products will pass to you upon delivery of the products to you. You are solely responsible for determining the compatibility of the service. You expressly agree that lack of compatibility does not constitute a defect of service.
Any cancellation or reschedule made within 24 hours of requesting an appointment will not contain deduction on service charges. Any cancellation or reschedule made post 24 hours of requesting an appointment will result in 50% deduction to, of the reserved services or amount. Any cancellation or reschedule made on the day appointment or scheduled day will result in 100% deduction, and the amount of the fee will be equal to, of the reserved services or amount.