TERMS AND CONDITIONS OF USE (updated on 1/5/2022)
AMERALD® CARE PRIVATE LIMITED
Originally published 26/4/2021 Revised: April 2022
It is important that you read all the following terms and conditions carefully. This Terms and conditions of Use Agreement (“Agreement”) is a legal agreement between you and AMERALD® CARE PRIVATE LIMITED , the Company and operator (“Company”) of this Website and applications (the “Website” or “Site”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”). By accessing and using the Application, you are indicating your acceptance through clicking the check box and submit button to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Application. The Company may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement and track and give your consent periodically.
Do NOT use the Website/application for medical emergencies. If you have a medical emergency, call your family doctor/ physician of your choice or qualified healthcare provider, or CALL the local emergency/ambulance number immediately. Under no circumstances you should attempt self-treatment based on information you have seen or read on the Website, application or WhatsApp / SMS
General information is not medical advice
The general information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health service provider properly licensed to practice medicine or general healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website/application is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment, with specific reference to your personal medical conditions.
No physician-patient relationship
The presentation of general information on the Website/Application does not establish a physician-patient relationship between you and the Company (or any of its physicians) and is not intended as a solicitation of individuals to become patients or clients of the Company (or any of its physicians). This section does not apply to the extent that you are using the Website/Application to communicate with a physician with whom you have an existing physician-patient relationship.
Unless specifically stated, the Company does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website / Application
These Terms and Conditions of Use (hereinafter referred to as “Terms” or “T&C”) as hereinafter appearing are published in accordance with the provisions laid down under Rule 3(1)(a) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the same constitutes “Electronic Record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the Rules framed thereunder. These Terms being in an electronic record format does not require any signature.
- PRESENTATION OF THE SITE:
- The Amerald® Care Private Limited (hereinafter referred to as “Amerald® Care” or “the Company” or “First Party” or “Company”) is a platform that aims at integrating Personal Portable Medical devices, Patients and Doctors. In
lieu view of the same, the company’s website and software application (hereinafter referred to as the “Platform”) provides online services (hereinafter "The Services" or "Service") which facilitate telephonic, audio-video and online consultation between doctors and patients and along with, where necessary, supply of medical devices with the possibility of additional services in future.
- This Website www.Ameraldcare.com and AMERALD® CARE (“Mobile Application”) (collectively referred to as Digital Platform) is coined, adopted, maintained and operated with effect from April 1st , 2022 by AMERALD® CARE PRIVATE LIMITED, a private limited company incorporated under the Companies Act, 2013, having its registered office in Bengaluru, Karnataka.
- Registrations on Amerald® Care’s Platform are limited to one user account (hereinafter the “Account”) per person. The User must have provided all the required registration data, in particular a valid email address and a valid mobile number. Registration is carried out for an unlimited period, without prejudice to the possibility of deleting, at any time, without notice or justification, the user account.
- Amerald® Care uses all measures necessary to prevent or detect any illicit or fraudulent use as also
or security breaches of the site by users and visitors. Amerald® Care also reserves the right to revoke an user's access and/or account temporarily or permanently, without right for compensations or redressal, does not fully comply with these T & Cs or misuses the site in any way.
- Email communication with the public
The Company does not wish to use this Website as a means of communication with the public (i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships; (iii) to book or cancel appointments; or (iv) for inquiries regarding fees, services, or similar matters. Email communications regarding such matters will not be responded to and will be discarded unread. If you are not an existing patient and you wish to contact the Company or its physicians regarding medical questions or issues or with regard to appointments, accounts, or other questions, please do so by telephone, or regular mail Info@ameraldcare.com in the manner set out in the Website/ Application.
Patient portal services
The Company may issue to you a username (“Username”) and a password (“Password”) to permit you to securely access the patient portal portion of the Website. The Company may, from time to time, provide additional security features to ensure security, privacy and confidentiality of your data. You are solely responsible for securing and maintaining the confidentiality of these features provided by the Company to you.
Disclaimer of warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While the Company endeavours to provide information that is correct, accurate, current, and timely, the Company makes no representations, warranties, or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted.
Further, although Amerald® Care takes great care of the administration of the Site, it cannot however guarantee the management of the security carried out on the users' side. Nevertheless, Amerald® Care undertakes to make all the best efforts to check the quality and safety of the site, as well as to ensure its proper functioning.
You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
This Agreement (hereinafter defined) sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to use the Website/Mobile Application and the Services (hereinafter defined) available thereunder.
- The Platform is in principle accessible 24 / 24h, 7 / 7d, except interruption, scheduled or not, for the needs of its maintenance or in case of force majeure. Amerald® Care ensures accessibility to its Site of 99% (ninety-nine percent) on average per year. Periods during which the servers are not accessible via the Internet due to technical or other problems which are not the responsibility of Amerald® Care, as well as the periods during which routine maintenance work is carried out. Amerald® Care may restrict access to services, if the security of the operation of the network, the maintenance of the integrity of the network, in particular to avoid serious disturbances to the network, software or data backup, make these measures necessary. Being in fact subject to an obligation of means, Amerald® Care cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Platform.
- Amerald® Care reserves the right to (i) accept or reject the request of the User(s) to create an account, (ii) terminate the account of registered User(s) for unauthorized use, or (iii) refuse the Services offered through this Digital Platform due to non-availability of Services.
- ELIGIBILITY FOR ACCESSING AND AVAILING THE AVAILABLE SERVICES ON THE DIGITAL PLATFORM:
Any person aged 18 years or above and capable of entering into a contract under the Indian Contract Act, 1872 and subject to acceptance by Amerald® Care is permitted to create/ access User account to avail the available Services. Minors are prohibited from accessing or creating User Account; however Legal Guardian of the Minors can avail the available Services for Minors in accordance with applicable laws. Services are available only for the citizens of India and in the Territory. Users’ may please note that certain Services may be available or limited to only particular area within the Territory.
- REGISTRATION AND ACCOUNT ACCESS:
- In order to benefit from the functionalities of the Site, the User must create a User account (hereinafter the “Account”) by contacting the company and disclosing their personal and health related data on the platform. The user remains free at any time to modify the content of the Personal Data communicated on this occasion, but undertakes that they are nevertheless complete and accurate.
- When registering, the User must:
- Indicate a valid e-mail address and a Smartphone based mobile number, the same constituting his identifier (Username) to access his Account and the Services of the Site. Do not use disposable / temporary email addresses. Accounts associated with disposable addresses would be deleted at any time without notice.
- Choose a password that will allow him to access the Platform. The User undertakes to preserve the confidential nature of his password. He remains solely responsible for the conservation and use of his username and password, and in particular for the impossibility of accessing his account by forgetting the username and / or password.
- Upon registration of the User on our application, the User will be sent the procedure in order to connect to the Platform by withdrawing either an access certificate or by performing a strong authentication.
- Access to their Account is then made by entering their username and associated password. After registration of the User and opening of his Account, use of the Platform is valid for an indefinite period unless terminated as indicated in this agreement.
- Amerald® Care reserves the right, at reasonable discretion, to temporarily suspend access to your Account: (a) during scheduled service interruptions for upgrade and maintenance; (b) during any downtime due to circumstances beyond our reasonable control, including, but not limited to, acts of God, government actions, terrorist acts or riots, technical failures beyond our reasonable control (including, but not limited to, the inability to access the Internet) or actions taken by third parties, including, but not limited to, denial of service attacks; or (c) if we suspect or detect malicious use of the Site.
- The Registered User(s) may access or avail the following Services subject to availability, confirmation by Doctors and infra Clause 8:
- Book an appointment for consultation with Doctors;
- Video Consultation with Doctors for non-emergency medical care;
- Tele-medicine consultation with Doctors for non-emergency medical care;
- At the time of availing the Services, the User(s) will be made available the information regarding the Third Party Service Provider(s) who are providing the chosen services and the User(s) may opt the services from the desired Third Party Service Providers.
- User(s) are required to make requisite payment of Service Fees/Charges as are fixed and hosted on the Platform for availing the Services as per the specified payment mechanism.
- Book an appointment for consultation with Doctors:
- Amerald® Care lists the profile of several Doctors on its Platform. The selection of the Doctors on the Platform is done through invitation or through recommendation of the Patient or Panel of Doctors. Amerald® Care can reject certain registration, if the disclosure made by certain medical professionals do not meet the required criteria set by the Company and the law of the land.
- User(s) may search the Platform for Doctors for the available specialties/ therapeutic areas, but finally it is the Doctor who will confirm the appointment timings and other details to the Patient.
- Most of the Patients on the Platform will be recommended by the listed Doctors, but if the Patient themselves approaches the Platform, such User(s) may book an appointment on the Platform from the results displayed for the Services of the Doctor, but finally it is the Doctor who will confirm the appointment timings and other details to the Patient.
- Pursuant to booking, Amerald® Care will send a communication to the User(s) informing the booking details once the Doctor confirms the same.
- As per the slot details and timing, the User can consult the Doctor online through the Website or the Application of Amerald® Care.
- In the event, any schedule appointment is subsequently cancelled by the Doctor or the Doctor is not available for providing the Services on the schedule date and time of appointment, Amerald® Care shall be under no obligation to arrange for fresh appointment. However, subject to the availability of the concerned Doctor, Amerald® Care may arrange for a fresh appointment for the User(s) and this shall be the sole remedy for the User(s) herein.
- In the event, the User(s) chooses any wrong specialty or therapeutic area for consultation, or the User(s) gives wrong or unauthorized information Amerald® Care shall not be responsible or liable for any consequences arising therefrom.
- User(s) acknowledge and agree that the concerned Doctor from whom Services are booked/ordered/availed shall alone be liable and responsible for any act or omission or commission on part of the Doctor, including but not limited to (i) the treatment, prescription, medication or (ii) for medical negligence arising out of such Doctor’s services. User(s) acknowledge that Amerald® Care shall not be liable in any way for any claims with respect to the services rendered by the Doctor and confirm that it shall not make any claim on Amerald® Care or any other person/party.
- User(s) acknowledges and agrees that Services that Amerald® Care is facilitating through the Platform shall not constitute medical care, diagnosis and/or treatment and no Healthcare Provider-Patient relationship will be established between Amerald® Care and the User.
- In the event there are disruptions, blurring, call break down or any other connectivity issues, during the consultation resulting in non-completion of the service, Amerald® Care although under no obligation, shall make reasonable efforts to arrange for a fresh consultation appointment for the User(s).
- Supply of Portable Medical Devices:
- Amerald® Care shall supply Portable Medical Devices to the User(s) solely based on the prescription of the Doctor. Amerald® Care shall not be responsible for any mis-diagnosis or faulty prescription of the Portable Medical Device by the Doctor.
- Amerald® Care shall not be liable for the misuse or faulty use or deliberate damage caused to the Portable Medical Device by the User(s). It is the responsibility of the User to use and operate the Device according to the instructions prescribed by the Doctor.
- Any data collected by the Portable Medical Device shall be stored in a secured cloud server managed by Amerald® Care and shall only be accessed by the Doctor appointed by the User.
- The Warranty for any Portable Medical Device sold to the Patient on the recommendation of the Doctor, shall carry a standard warranty of three (3) months from the date of such purchase. The Patient/Customer of such device shall have no right to claim replacement or refund for any such device purchased and shall only be entitled to service of the device within the Warranty Period as per terms and conditions attached along with the Sale invoice and warranty booklet provided along with the product.
Amerald® Care undertakes to take all technical and legal measures necessary to secure exchanges, block the misappropriation of data, particularly personal data, and comply with the applicable regulations in force.
- In no event shall the Company, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assignees be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Company knew of or ought to have known of the possibility of such damages.
- The Company also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall the Company, its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Company knew of or ought to have known of the possibility of such damages.
- Connection to the Platform implies knowledge and acceptance by the User of the characteristics and limits of the Internet, in particular concerning technical performance, response times for consulting, querying or transferring information, risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet (for example the lack of protection of certain data against possible misappropriation, the risks of contamination by possible computer viruses circulating on the network, the risks against the theft of phone, etc.).
- Consequently, Amerald® Care cannot under any circumstances be held responsible, without this list being exhaustive:
- The transmission and / or reception of any data and / or information on the Internet;
- Any malfunction of the Internet network preventing the proper development and / or functioning of the site;
- Failure of any reception equipment or communication lines;
- Loss of any email and, more generally, loss of any data;
- The operation of any software;
- The consequences of any virus or computer bug, anomaly, technical failure;
- Any damage caused to a User's computer;
- Any technical, material and software failure of any kind, having damaged the computer system of a User.
- The Platform cannot be held liable for any malfunctions of the Internet network resulting in failures in the administration, security, integrity or management of the data of an Account. Any development or change in the Site program may result in an update and / or temporary unavailability of the site, which in no way engages the responsibility of Amerald® Care.
- The connection of any person to the site and the use of the proposed service is done under their entire responsibility. It is the responsibility of each User to take all appropriate measures to protect their own data and / or software stored on their computer equipment against any attack. In addition, Amerald® Care cannot naturally have any responsibility relating to the difficulties or impossibilities of connecting Users to the Internet.
- Likewise, Amerald® Care reserves the right to interrupt or suspend one or more features offered on the Site, at any time and without notice, without having to justify it. In this case, Amerald® Care cannot be held liable in any way for this fact and Users cannot claim any compensation of any kind.
- In relation to the Services provided by Amerald® Care, the company will not be held liable for the services, treatment, diagnosis provided by the Doctors onboarded with the Platform. Amerald® Care does not own any responsibility for Doctor’s diagnosis, treatment and interpretation of readings provided by the User. Amerald® shall not be held liable for any self-medication or self-interpretation of diagnostic reports by the User.
- The medical devices supplied by Amerald® Care are legally imported and import tax-paid, and of accepted and certified quality, which are approved by relevant Regulatory Bodies. Amerald® Care shall not be held liable for damage caused to such equipment by negligence of the User. Maintenance of the devices such as battery replacement is the responsibility of the User. All devices supplied to the User are on the basis of the doctor’s prescription and Amerald® Care shall not endorse or prescribe the same.
You agree to indemnify, defend, and hold harmless the Company and its physicians, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from your legal heirs, debtors, suitors, 3rd party service providers and
- your breach of any of the terms and conditions of this Agreement;
(ii) your access to, use, misuse, reliance upon, or inability to access or use the Website/Application, the Content, or any Website to which the Website is or may be linked to from time to time or;
(iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website
Use of the Website/Application
The Company authorizes you to access and use the Website / application for your personal noncommercial use in India in accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and its contents, are intended only for residents of India.
The Content is protected by copyright law and is owned by the Company and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Company.
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and non-exclusive license to access, view, and use the Website/Application and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, non-
commercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a license
governing specific Content and this Agreement, the terms of the specific license shall govern.
AmeraldCare® is a trademarks of the Company. Tag Line “Your health Guardian” , words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of the Company or third parties. While certain trademarks of third parties may be used by the Company under license, the display of third-party trademarks on the Website should not be taken to imply any relationship or license between the Company and the Company of the trademark or to imply that the Company endorses the wares, services, or business of the Company of the said trademark.
- Amerald® Care makes its Services available to Users using a web browser or through the Software Application. The software required on the User's computer (in particular the operating system and the web browser, if necessary also plug-ins such as Flash or Java) are neither made available nor installed by the company. It is up to the User to maintain his computer in a state allowing him to use the Site. Amerald® Care, therefore, does not provide any technical support during the installation of the necessary software locally. The User undertakes to keep the access data communicated by Amerald® Care (Username, password, etc.) for access to their Services strictly confidential. The User will immediately inform Amerald® Care of any obstacle to security or any unauthorized use of his/her Account of which he/she becomes aware.
- The user agrees to participate voluntarily in the audio and video tele conference with the physician for the purpose of exchange of medical information and remote monitoring of his/her health parameters. The user is consenting to store the tele conferencing recordings for the future references by the Doctor, Patient and his / her family members.
- In the event of non-compliance with the obligations inherent in their liability above, the User's access to his Account with Amerald® Care may be, immediately and without notice, temporarily or definitively suspended by means of the deactivation of his Account, without prejudice to the other rights of Amerald® Care.
- In general, the User guarantees the company against any request, claim and / or order for damages of which it could be threatened or be the object, and / or which could be pronounced against it, including attorneys' and / or expert's fees that could have been incurred, since these would have the cause, basis or origin of the violation of these T & Cs.
- Any danger inherent in computer viruses can never be completely ruled out. In addition, it may happen that unauthorized third parties send emails using the name of the company or any such party related to the company without its consent, and that these may contain viruses or Spyware or hypertext links on web pages containing viruses or Spyware. The company has no influence on such events. The User must therefore examine all emails or SMS/Text Messages originating from the company or apparently sent on its behalf in order to protect themselves against possible viruses. This also applies to emails originating from other Users.
- REPRESENTATIONS AND WARRANTIES:
- User(s) hereby represents and warrants to Amerald® Care that, he/she is competent to contract under Indian Contract Act, 1872, and the Information given by him/her to Amerald® Care, on this Platform is accurate, true and nothing material is concealed by them.
- That he/she is the Legal Guardian of the minor or person of unsound mind on whose behalf the User Account is created (applicable only in case of Services being availed for Minors or people suffering from unsound mind),
- The Agreement constitutes a valid and binding obligation enforceable against him/her in accordance with its terms.
- The acceptance by him/her, the performance by him/her of the obligations hereunder and compliance by him/her with the provisions hereof will not violate, contravene or breach or create a default under any agreement, instrument, charter or by-law provision, statute, regulation, judgment, ordinance, decree, writ, injunction or applicable laws,
- That there are no claims, actions, proceedings, which are initiated, alleged, threatened or pending against him/her which would restrict him/her from accessing and availing any Services on the Platform.
- That he/she will not initiate or carry out any transaction on this Platform on behalf of any other party, unless he/she is specifically authorized to do so and that he/she shall comply with all applicable laws.
- That he/she will not use the User Account for unlawful or unauthorized purposes, and that he/she will not upload any obscene or objectionable content on the Platform.
- That appropriate action can be initiated against him/her as warranted under the circumstances, for unauthorized use or breach of terms and conditions of the Agreement.
- GRANT OF LICENCE REGARDING SUBMISSIONS
By posting or uploading Submissions (public chats or comments or multimedia) to our public Website, you grant the Company a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of the Company; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that the Company is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.
- ACCEPTANCE OF THE GENERAL CONDITIONS OF USE:
The use of the Services by the User implies full and complete acceptance of these T & Cs. Any User who does not wish to adhere to these T & Cs must imperatively refrain from accessing the Site and using its Services.
- MODIFICATION OF THE GENERAL CONDITIONS OF USE:
- Amerald® Care may modify these T & Cs, at its sole discretion and without prior notice from/to Users. Continued use of the Platform implies full acceptance by the User of these possible modifications.
- Any User who is already registered will be informed as soon as he / she connects to the Site or by any other means of the modification of the T & Cs and will be invited to consult the clauses of the new T & Cs. If the User does not agree to the new T & Cs, they must express their refusal to Amerald® Care.
- Amerald® Care is the exclusive Company of all intellectual property rights both on the structure and on the content of the site or has regularly acquired the rights allowing the operation of the structure and content of the Platform, without any limitation.
- Consequently, the Platform, as well as the Web documents, illustrations, logos, service marks, trade names and programs used on the Site, including all software, are the property of Amerald® Care and are protected, as such, by the laws governing intellectual property rights in the territory of India.
- Reproduction, downloading or any other uses of trademarks are prohibited without the express authorization of Amerald® Care. Any unauthorized reproduction of these brands, logos and content constitutes an infringement liable to criminal penalties.
- All software used on the Site or the Application and those to which it allows access, as well as the texts, comments, illustrations or images reproduced on the Site or the Application are subject to copyright and their unauthorized reproduction constitutes an infringement liable to criminal penalties. Subject to the rights granted above to the User, it is in particular forbidden to copy, reproduce, represent, modify and / or exploit, in any way and for any purpose whatsoever, all or part of the structure and the content of the Platform.
- As of its access to the Platform, the company Amerald® Care grants the User a right of private, non-exclusive and non-collective use, to the exclusion of any lucrative use.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, epidemic, pandemic, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
- MODIFICATION AND TERMINATION OF OUR SERVICES:
- Amerald® Care may modify and improve the Services it provides on the Platform as it deems necessary. The Website and the Application may be subject to modifications and alterations as Amerald® Care deems fit and necessary.
- The User is at his free will for the continuation or cessation of the Services at any time, subject to the terms and conditions mentioned herein. However, we always wish that the User will continue to use the Platform for their requirements and for the services listed under Amerald® Care platform.
- Amerald® Care is entitled to stop providing you with all or part of the Services, or to add or create new limits to the use of the Services at any time. The User shall remain the Company of the data entrusted to Amerald® Care and we believe it is important that you can access it.
- In case the User gives up or fails to renew his membership he would be provided reminders every day for 15 days. Post this, his account and data will be locked and inaccessible to him/her. If the user renews his account within 90 days his/her account and data would be restored. On the 91st day all account details and patient data of the said user would be archived. The Company will not be held legally liable for the same.
- PROTECTION OF THE PRIVACY AND PERSONAL DATA OF USERS:
- In accordance with the Information Technology Act, 2000, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, persons who, having connected to the Platform and have answered registration questions in order to access the Platform and its Services, have the right to oppose, access and rectify data concerning them. Consequently, any user registered on the Site has the right to demand that any information concerning him which is inaccurate, incomplete or out of date be rectified, completed, clarified, updated or deleted. The User also has the right to demand the portability of his data.
- GOVERNING LAW AND JURISDICTION:
- This Agreement shall be governed and interpreted by and construed in accordance with the laws of India, without giving effect, if applicable, to the principles of conflict of laws, thereof or there under the Courts at Bengaluru, India shall have exclusive jurisdiction for adjudicating any matters arising under these Terms.
- Any dispute, controversy, claim or disagreement of any kind whatsoever between User(s) and Amerald® Care in connection with or arising out of this Agreement or the breach of the terms and conditions, termination or invalidity thereof (hereinafter referred to as a “Dispute”) shall be resolved by way of arbitration. Arbitration shall be conducted by a sole Arbitrator to be appointed by Amerald® Care and the arbitral proceedings shall governed as per the Indian Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactments thereunder, which are deemed to be incorporated by reference herein.
- The venue of arbitration shall be Bengaluru, India and any award shall always be treated as made at the seat of the arbitration. The language to be used in the arbitral proceedings shall be English.
- The User(s) shall indemnify and hold Amerald® Care, its affiliates and their respective directors, employees, representatives and agents, harmless from and against any and all claims, demands, loss, damage or expense suffered or incurred by Amerald® Care as a result of (i) breach of any obligations, representations and warranties made by the User(s), (ii) noncompliance of applicable laws, (iii) for infringement of Intellectual Property Rights (iv) negligence or willful breach.
- For purposes of these Terms, "Confidential Information," includes, without limitation, information relating to the materials, trade secrets, intellectual property rights, plans, research strategies, frameworks, know-how, formulae, processes, algorithms, ideas, inventions, innovations, network configurations, system architecture, designs, flow charts, drawings, proprietary information, source code(s), software(s), operational information, business methods, underwriting ideas and information, Personal Health Information research information and data, support information and strategies, client(s) information, business information, sales plans, strategies, product information, operations, finances, plans or opportunities, processes, databases, data structure, screens, reports, data, formats, integration of various methodologies, integration of devices and technologies, the information relating to the Doctor’s information, financial information, agreements, contractors, customers or suppliers; information that was received from a Third Party under a confidential agreement and all other non-public information, material or data relating to the past, current and /or future business and operations disclosed by Amerald® Care or made available to User(s), and whether or not such information is marked or otherwise identified as confidential, restricted, secret or proprietary, including information acquired by inspection or oral or visual disclosure; and any other information disclosed under circumstances in which a reasonable person would understand that such information is confidential and proprietary. Without foregoing the above, it is hereby clarified that Confidential Information shall include Personal Information as defined hereinbelow.
- If, in connection to the Services, the Doctor, receives, collects or handles any patient data (“Personal Information”), such Doctor undertakes to Amerald® Care that in such case, it shall not use Personal Information for any purpose other than for providing the Services. The Doctor covenants to the Amerald® Care that Personal Information shall be collected, stored securely and maintained confidentially and it shall comply with all applicable data privacy laws including but not limited to Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, in relation to Personal Information.
- The Doctor shall not disclose Confidential Information to any Third Party/Parties and shall protect Confidential Information in strict confidence.
- Confidential Information can only be disclosed if required by an order of court or statutory authority and only to the extent to legally comply with such order of court or statutory authority.
- Amerald® Care shall not disclose any private information pertaining to the User on any publicly available platform and shall take due care in protecting the privacy of its Users. Data collected by the Website, Software Application (Web/Mobile), Portable Medical Device or through any other means in association with the company shall be confidential.
- All payments made to Amerald® Care for the use of the Services provided on the platform are accepted through Net Banking/ Debit/ Credit Cards/ or any other mode of online payment, transacted over the website portal or the application.
- Charges may incur for the following –
- The supply of the Portable Personal Medical Device and consumables. The User may incur a one-time-cost for the purchase of these devices. These costs shall be listed on the website and may change from time to time. Any government levies, taxes shall be added additionally. Devices may be added or removed from the web site from time to time.
- Consultation service charges for availing the services of the Doctors through Amerald® Care’s Website or Application for a Subscription Plan or fixed tenure.
- If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to remain in full force and effect.
- A failure to exercise or delay in exercising a right or remedy by Amerald® Care provided for in these Terms or by law does not constitute a waiver of that or any other right or remedy. No single or partial exercise of a right or remedy provided by these Terms or by law shall prevents a further exercise of the right or remedy or the exercise of any other right or remedy.
- Except as specifically provided, no person who is not a party to these Terms shall be entitled to enforce any term of it.
- Save as expressly provided in this Agreement, nothing in these Terms is intended or shall be construed to confer upon or give any User(s), any rights or remedies under or by reason of these Terms or any transaction contemplated by these Terms.
- Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, nor authorize any Party to make or enter into any commitments for or on behalf of any other party.
- User(s) are responsible for creating and maintaining their User Account. Amerald® Care shall not be liable for unauthorized use of the User Account, including but not limited to the misuse, loss, non-availability of User(s) data, the User(s) should secure their credentials safely and prevent from giving/letting unauthorized access.
- If the User(s) delete any of their User information, the same may be still available in the backup servers or storage devices/medium/peripherals /copies.
- Amerald® Care shall not be responsible or be liable for any Services rendered by Third Party Service Provider(s) and does not warrant the merchantability or fitness for a particular purpose.
- Amerald® Care does not warrant (i) that the Platform is error/bug/virus free (ii) safety of use of the Platform and Amerald® Care shall not be liable for any loss or damage caused or suffered by the User(s)/Doctors while using the Platform.
- Amerald® Care does not warrant that the Services available through its Platform will be available without any disruption or errors. The availability of the Services on this Platform may be disrupted due to down time, maintenance, updates, bugs/virus or any other system related issues, internet service issues, access related issues, connectivity issues, force majeure situations, non-availability of Doctors/Third Party Service Provider(s) or for any other reasons beyond the reasonable control of Amerald® Care and Amerald® Care hereby disclaims all liability for the losses or damages caused or suffered by User(s)/HCPs/HSPs on this account.
- Amerald® Care is an intermediary as defined under the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and shall have no liability arising from or relating to the User(s)/Doctors/Third Party Service Provider(s) or any other third party content posted on the Platform).
- Subject to the rights granted above to the User, it is in particular forbidden to copy, reproduce, represent, modify and / or exploit, in any way and for any purpose whatsoever, all or part of the structure and the content of the Platform.
- The User shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to another person and to which the user does not have any right; is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; is harmful to child; 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 the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; impersonates another person; threatens the unity, integrity, defense, 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 other nation; contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- In the event of any prohibited use by the User(s) on this Digital Platform, Amerald® Care may file appropriate complaints and/or inform the law enforcement agencies for further necessary action. Amerald® Care reserves the right to delete any document or record which the User(s) may upload on this Digital Platform containing virus(s), trojans or such other malware and User(s) agree that it shall not hold Amerald® Care responsible or liable in any way for deleting or restricting upload access to their documents or records.
- In case of non-receipt of any SMS (es), messages, communications or notices by the User(s), regarding the status of the Services booked/cancelled/ordered/availed, User(s) are advised to contact Amerald® Care’s Customer Care number and request for the same.
- Unless otherwise specified herein, all notices or other communications under or in connection with this Agreement shall be given in writing and may be sent by personal delivery or post acknowledgement due) or courier (with POD) or E-mail as mentioned below. Any such notice or other communication will be deemed to be effective if sent by personal delivery, (when delivered), if sent by registered post (ack due) (on actual receipt), and if sent by courier (on actual receipt), and if sent by E-mail, (on receipt of a confirmation to the correct Email id): email@example.com
- The User(s)/Doctors shall not (i) assign its rights and obligations; and/or (ii) sub-contract the performance of its obligations, under this Agreement without the prior written consent of Amerald® Care.
- Further all Parties accessing, visiting this platform or availing the services available on Amerald® Care beware that there are/might be entities or persons (Imposters) pretending or imitating to be like Amerald® Care or associated with/partner of Amerald® Care and may trick or lure You/Parties demanding payments towards services or otherwise and these Imposters may fraudulently/unauthorizedly use Amerald® Care’s intellectual property, name, logo to deceit or cheat You. All Parties are therefore, advised to cross verify with Amerald® Care in case they find any activity to be fraudulent or suspicious.
- Amerald® Care requests the general public and strongly recommends not to rely on any unauthentic information. Please beware of false messages being circulated on social media under Amerald® Care’s brand name and logo. Amerald® Care requests you to consult any professional doctor or utilize the Services on the Digital Platform to seek clarifications on any health related queries.
- User(s) shall refrain from posting false, frivolous, baseless, unauthentic information on social media platforms regarding Amerald® Care and the Services provided by Amerald® Care. If such cases are substantiated Amerald® Care would have the right to apply legal proceedings against the said user, party or parties.
- All Parties herein may please note that under no circumstances, Amerald® Care will be responsible or liable for claims, losses, damages, expenses or for any other form of compensation or otherwise on account of, resulting from or in any way connected to the acts of the Imposters or due to the unauthorized use of its Intellectual Property.
Rev: V1.1 Dated: 1/5/2022