TERMS & CONDITIONS
These general terms and conditions SHALL constitute a legally binding and enforceable agreement between Health Sensei India Pvt Ltd (hereinafter referred to as the ‘Company’), having its registered address at No.2, McNichols Road, 3rd Lane, Chetpet, Chennai 600031, India, and the subscribers (hereinafter referred to as ‘Customer’ Or ‘subscriber’) to the products and services that the Company provides.
“Application” shall mean the mobile application software provided by the Company to its subscribers, for purposes of communication.
“Eco-System” shall mean the network of devices, supporting applications, doctors, first responders, other healthcare service providers and assigned guardians that are associated with each subscriber, and have agreed to partner with the Company.
1. BINDING AGREEMENT
The Company provides one or more devices to monitor the subscriber’s vital health parameters, and a subscription service to present the vitals to the Customer’s doctors as well as facilitate health event responses with the Customer’s other healthcare service providers and guardians. The Customer should familiarize themselves with these terms because they establish their rights and responsibilities. The Company understands that the privacy and security of the Customer’s personal information is important, and uses appropriate security technology available to protect that privacy. However, please keep in mind that the information is only secure if the Customer protects their password and change passwords frequently.
This terms and conditions of use Agreement (Agreement) between the Customer and the Company sets forth the general terms and conditions governing the Customer’s use of the Health Sensei ("Company") products and services they have signed up for. BY ACCESSING THE Company’s APPLICATION OR USING THE SERVICES, The customer AGREEs TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF The customer DOes NOT WISH TO BE BOUND BY THIS AGREEMENT, They MAY NOT USE THE APPLICATION AND TERMINATE THEIR SUBSCRIPTION.
2. USE OF THE APPLICATION/SERVICES BY SUBSCRIBER
- The Company application is available for use by the customer after the registration and login process is successful. The registration of customers is done after subscribing to services from the Company.
- The subscription plans and corresponding Fees are discussed and agreed to in the patient registration document.
- The subscriber will be entitled to use the application and services as long as the subscription plan is in force.
- This Agreement will be automatically renewed for a renewal term of an additional one (1) year in the case of an annual subscription or for one (1) Quarter, defined as three (3) months, in the case of a quarterly subscription at the end of the Initial Term and at the end of each automatic renewal term thereafter, unless this Agreement is terminated in accordance with the termination clause in the Agreement.
- The Company reserves the right to charge or change subscription fees, surcharges, and/or other fees at any time upon thirty (30) days prior written notice.
- Each customer must provide relevant Physician and guardian details for sharing the health vitals information and for alert notifications in case of health events detected on the subscriber through the Eco-System.
- Whenever a subscriber’s information is submitted to the Company’s Eco-System, that information will be communicated using encryption technology called Secure Socket Layer ("SSL") encryption software. However, The Company cannot and will not guarantee that: (a) the information, during its transmission through the Eco-System to relevant associated parties, will be protected against loss, misuse or alteration by third parties; or (b) access to subscribed services will be uninterrupted; or (c) SSL encryption cannot be breached.
- It is the responsibility of each subscriber to ensure that no unauthorized person has access to the subscriber’s User ID and Passwords. It is each subscriber’s sole responsibility to control the dissemination and use of the subscriber’s User ID and Passwords, authorize, monitor and control access to and use of the subscriber’s application and promptly inform the Company of any need to deactivate or change the subscriber’s User ID and/or Passwords. The Company cannot and will not assume any responsibility or liability for any information submitted to a subscriber’s account or any information that is used or misused whether submitted, used, or misused by (a) the subscriber; (b) guardians authorized by the subscriber; (c) the subscriber’s designee; (d) healthcare providers; (e) other healthcare organizations; (f) other third parties, whether or not acting on the subscriber’s behalf.
- The subscriber understands and agrees, consents, and authorizes: (a) his or her individually identifiable health information and to be stored, entered, and maintained on the Company’s Site in accordance with the terms of this Agreement; and (b) the subscriber, and anyone with the subscriber’s User ID and Password, can access and view information from the subscriber’s Account.
- The subscriber hereby grants the Company, its employees, officers, directors, agents, and contractors, and all other persons or entities involved in the operation of the Eco-System the right to access, transmit, receive, monitor, retrieve, store, maintain, and use the information in the subscriber’s account to operate the services, including but not limited to converting information received from the subscriber’s application, to an electronic format, printing and presenting to associated doctors, guardians and health service providers, present in the subscribers account.
- subscribers may also upload or submit by e-mail or facsimile their personal health information and medical records, X-rays and other personal medical images, and other health-related information to their respective Accounts. To the extent permitted by law, any images submitted to the Company for uploading to a subscriber's account will become the property of the Company and will not be returned. The Company assumes no responsibility for the quality of X-rays or other personal medical images reproduced by the Company on any media, or for medical decisions which are based on X-rays, EKGs, or other personal medical images archived on the Company’s website.
- The entity or individual, including any subscriber, that submits or enters health or health-related information into a subscriber's Account is solely responsible for that information's accuracy and completeness. Each subscriber is responsible for reviewing information in his or her subscriber’s Account as well as any documents produced from the Company or the company’s website and notifying The Company, or a third party designated by the Company, of any errors.
3. subscriber’S RESPONSIBILITIES
Each subscriber is responsible for the communications submitted to or entered into the subscriber’s Account and their respective access and use of the Company. Customers agree:
- To maintain the security of User IDs, Passwords, and other confidential information relating to the subscriber’s Company account;
- Not to introduce onto the Company’s website or to other Customers, directly or indirectly, computer viruses, worms, trojan horses or other code that manifests or could potentially manifest contaminating or destructive properties;
- To be responsible for all charges resulting from the access and use of the subscriber’s account, including any unauthorized access and use, if any;
- To notify the Company as soon as reasonably practicable of any real or suspected unauthorized use of the subscriber’s account;
- To comply with instructions provided by the Company for using, maintaining, or correcting the subscriber’s account/application;
- To not transmit any information that is libelous or defamatory;
- To not transmit any message, data, image or program that is indecent, obscene or pornographic;
- To not transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted materials, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner;
- To not use the Company application/website to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others;
- To not intercept or attempt to intercept the transmission of files or other private communications not intended for the subscriber;
- To not use the Company’s application/website to advertise or offer, on an unsolicited basis, to sell goods or services to other subscribers or Users or use the Site for purposes of distributing unsolicited messages to one or more individuals;
- To not upload or download files that contain software or other material protected by intellectual property laws, privacy laws, or publicity laws, or any other applicable law unless personally owned or controlled or unless the necessary consent(s) to use, access, and/or communicate such files has been received;
- To not upload information, documents, and/or files that contain viruses, worms, Trojan horses, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties;
- To not use the Company’s website in such a manner as to affect adversely the availability of its resources to others;
- To not falsely or fraudulently purport to be an employee or agent of the Company;
- To not cause disruptive incidents;
- To not fail to comply with applicable laws and regulations while using or accessing the Company’s application/website; or
- To not post or transmit any message or information that is harmful, threatening, abusive or hateful. The Company reserves the right to take any action as it deems appropriate in cases where the Company’s application/Website is used to disseminate statements that are deeply and widely offensive and/or harmful.
The Customer represents and warrants that they are at least 18 years of age and that they possess the legal right to enter into this Agreement and to use the Company’s application/website in accordance with this Agreement.
The customer further understands and agrees to comply with the responsibilities and obligations as set forth in this Agreement, and they understand and agree that failing to comply with any of the foregoing limitations or obligations may result in civil or criminal liability.
- The Effective Date of this Agreement is the date on which the subscriber registers with The Company and signs up for products/services from the company.
- Subject to payment of applicable fees, a subscriber and the guardians included in the subscriber’s account, if any, may access and use the Company’s website for vitals monitoring:
- For a term of one (1) year, commencing on the Effective Date if subscriber purchases an “Annual Subscription;” or
- For a term of one (1) quarter, commencing on the effective date if subscriber purchases a "Quarterly Subscription”.
- Either party may terminate the subscriber’s right to avail the subscription services and/or his or her account and participation under this Agreement at any time, with or without cause, by giving written notice to the other party no later than thirty (30) days prior to the end of the Initial or any renewal term.
- Once the agreement is terminated, the Company will not be responsible for any activity on the part of the Company’s application and devices.
- Notwithstanding anything to the contrary in this Agreement, The Company may immediately terminate this Agreement or suspend a subscriber’s Account in the event that the Company determines, in its sole discretion, that a subscriber has violated a material provision of this Agreement, including failing to make timely payment for the right to access and use the services. The Company shall confirm such termination or suspension by subsequent written notice.
- The termination of this Agreement will not affect any provision of this Agreement which, by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination of this Agreement, and will not prejudice or affect the rights of any party against another with respect to any breach of the terms and conditions of this Agreement. Notwithstanding the foregoing, the provisions of Sections Copyright, Indemnification, Waiver, release and limitation of liability, and miscellaneous, will survive termination of this Agreement.
- In the case of an annual subscriber, the Company shall refund the excess, if any, of the annual subscription paid in excess of the consumed subscription services, after deducting relevant termination fees and local government taxes, as applicable. No refund will be provided for the month in which the Agreement is terminated.
- Upon the termination or expiration of this Agreement, the Company will retain data in a subscriber’s account pursuant to the Company's standard data retention policy.
- The subscriber’s identification information (Name, Contact number, guardian contact info, Email etc.) will be collected when the subscriber registers for a service from Health Sensei. The Company shall not sell this identification information to any third party or otherwise trade on it.
- The Company may disclose the subscriber’s identification information to certain third parties (Doctors, Guardians, Healthcare providers etc.), including the health parameters collected through the Company’s devices, for rendering the services to the subscribers.
- The Company will use the subscriber’s contact information (contact number, email id etc.) to send communications to the subscriber, consisting of newsletters, subscription information and receipts, changes about Health Sensei’s policies or announcements of new services and promotions.
- Health Sensei uses subscriber’s identification information to provide remote health monitoring and data presentation services, troubleshoot problems, manage subscription information and continuously improve the Company’s offering of its products and services experience to its subscribers.
- Health Sensei reserves the right to analyze and provide the aggregated demographic and vitals trend information of its subscribers to certain third parties.
- The Company shall maintain technological systems, policies, and procedures to guard against unauthorized access to information that is transmitted electronically, including encryption and/or appropriate technical security mechanisms.
- The Company shall not use, disclose, or process the information submitted for inclusion in a subscriber’s Account except to the extent necessary for the proper management and administration of the information or in order to carry out the legal responsibilities of the Company.
- The inclusion of any link on the Company’s website does not imply an endorsement by the Company of any information, products, or services offered by the linked website, but is for subscriber’s reference and convenience only.
- Selecting a link on the Company’s website which directs the subscriber to an off-Site page or to another site is at the subscriber’s own risk and subject to the terms and conditions of use of such sites.
- The usage of the medical adherence tracking on the Company’s application is not an endorsement of the medication drugs in the tracking Application. It is only for the subscriber’s ease of tracking and maintaining records that can be presented to doctors and healthcare providers.
- The Company cannot and will not review communications and materials posted or uploaded to the Company’s website for accuracy or completeness, and the Company is not responsible for the content of such communications and materials.
- The Company reserves the right to remove or block communications or materials that the Company determines, in its sole discretion, to (a) be abusive, libelous, defamatory or obscene, (b) be fraudulent, deceptive or misleading, (c) violate a copyright or trademark or other intellectual property right of another, (d) contain or have attached a program, virus, worm, or other device or code that could pose a security risk to the Company or (e) be offensive or otherwise unacceptable to the Company.
- All information is deemed the exclusive property of the Disclosing Party prior to uploading or entering any information into an individual subscriber’s account.
- The Company is entitled to non-exclusive possession of the information submitted to or entered into a subscriber’s Account subject to the terms of this Agreement.
- The Company website and any additional sites that are owned or controlled by the Company are trademarks of the Company and are protected by local government laws. Any unauthorized use of trademarks appearing on the Site may constitute a violation of law, which could result in both civil and criminal penalties.
- The Company will provide 6 months’ warranty on devices sold to subscribers, for any manufacturing deficiencies that are reported through reasonable usage of the device. The Company reserves the right to either repair the device or replace it based on the defect analysis of the device.
- The Company cannot and will not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data or inability to access data on the subscription service. Further, the Company cannot and does not warrant or guarantee that the functions or services performed on the Company application/website will be uninterrupted or error-free, or that defects in the Company’s application/website will be corrected.
- The Company cannot and will not guarantee that any one or all of the Eco-system healthcare providers will transmit all or any portion of the subscriber’s medical records or other health information. The subscriber should not rely exclusively on the Company shared information to describe accurately and completely the past, present, or future physical or mental health or condition or the provision of health care to the subscriber.
- The Company will not independently and separately verify the truth and accuracy of information supplied by the Eco-system healthcare providers or entered by the subscriber. Information that is submitted by the Eco-system healthcare providers or entered by the subscriber or the subscriber’s designee will be considered by the Company as accurate and complete. The subscriber is solely responsible for identifying and correcting any and all errors in information stored on the Company application/website on his/her behalf.
- The subscribers are solely responsible for (a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (b) maintaining a means external to The Company for the reconstruction of any lost data.
- The subscriber understands and agrees that information communicated to or otherwise entered in the Company application/website will be communicated over cellular service and internet backbone carrier lines, through routers, switches and other devices owned, maintained and serviced by third party carriers, utilities, internet service providers and others, all of which are beyond the control of the Company. The Company cannot and will not assume any liability for or related to the delay, failure, interruption, interception or corruption of any data or other information communicated to or entered through the Company Application/website.
- The Company will not assume any liability for any of the content on the website and reserves the right to change or discontinue any product or service from time to time with appropriate notice to subscribers.
- Information retrieved from/entered by a subscriber or provided by his or her healthcare providers will be used by the Company only for the following purposes:
- Providing subscriber’s health data to their approved doctors, guardians and health care providers for necessary monitoring and event responses.
- Use the collected data for trend monitoring and risk analysis to manage health events proactively, and to improve the Company’s products and services.
- To carry out the legal responsibilities as required by local laws
The Customer agrees to indemnify, defend, protect, release, and hold the Company, its officers, directors, employees, agents, and its affiliates, device Providers, and Suppliers and their respective officers, directors, agents, and employees harmless from and against any and all losses, expenses, damages to persons or property, injuries or deaths of persons, liability, claims, liens, demands, and causes of action, including claims of infringement of copyright, trademark, or other intellectual property rights, and including the amounts of judgments, penalties, interest, court costs, and legal fees including reasonable attorney’s fees incurred by The Company, its affiliates or their respective officers, agents, and employees in defense of same (“Claims”) arising in favor of any person, corporation, or other entity, including the parties hereto and their employees, contractors, and agents in connection with this Agreement or any activity related to the subscription or use of the Company’s application/website. The subscriber understands and agrees that such indemnity shall apply regardless of whether the claims arise in whole or in part from the actual or alleged sole, comparative, concurrent, active, passive, contributory or gross negligence of The company, its affiliates and their respective officers, directors, agents, and employees or by the subscriber or any other person accessing and/or using the application/website and/or subscriber’s account.
10. WAIVER, RELEASE AND LIMITATION OF LIABILITY
- The customer agrees that neither the Company, nor its officers, directors, employees, and agents, nor its affiliates, Device Providers, or Suppliers and their respective officers, directors, employees, and agents shall have any liability to the subscriber under any theory of liability or indemnity in connection with, arising out of, or in any way incident to this Agreement or any activity related to the subscription or access or use of the Company’s application/website by the subscriber. The subscriber hereby releases and forever waives any and all claims he/she may have against the Company, its officers, directors, employees, and agents and its affiliates, device Providers, and Suppliers and their respective officers, directors, employees, and agents for losses or damages sustained in connection with the subscription of the Company’s services and products.
- Notwithstanding the foregoing paragraph, the total collective liability of the Company, its officers, directors, employees, and agents, and its affiliates, device Providers, and Suppliers and their respective officers, directors, employees, and agents, if any, for losses or damages will not exceed the fees paid during the immediately preceding one (1) calendar year by the subscriber for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive, including but not limited to, lost profits or damages resulting from lost data arising from any use of or inability to avail services of the Company’s subscription and devices, are hereby excluded even if the Company, its officers, directors, employees, and agents and its affiliates, device Providers, and Suppliers and their respective officers, directors, employees, and agents have been advised of the possibility of such damages.
- The customer must contact the Company within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or waive the right to pursue a claim based upon such event, facts or dispute.
- In case any disputes are not settled amicably then all such disputes shall be finally settled by a sole arbitrator appointed by the Company, in accordance with the arbitration and conciliation Act, 1996, for the time being in force. The award of the sole arbitrator shall be a reasoned award and shall be final and binding on the parties.
- Location of Arbitration: The venue of arbitration proceedings shall be Chennai, India. The arbitration proceedings shall be conducted and the award shall be stated in English language.
- Continuation: This arbitration provision will survive the termination of the subscription service with Health Sensei.
- Amendments: The Company reserves the right to amend this Agreement from time to time without notice. Such amendment will be effective immediately upon either posting the amendment or this Agreement as amended. A subscriber’s continued access to or use of the Company’s subscription/applications/website will be deemed the subscriber’s conclusive acceptance of any and all amendments and the most current amended Agreement.
- Force Majeure: Neither Party will be liable for any performance failure or delay for any cause beyond that Party’s reasonable control.
- Agreement: This Agreement, as amended from time to time, constitutes the entire agreement and understanding between the parties with respect to the services, responsibilities, and obligations specified and agreed upon in this Agreement and supersedes all prior oral or written agreements and understandings between the parties with respect to such services, responsibilities, and obligations.
13. REFUNDS AND CANCELLATIONS
- For any product return or subscription cancellation, for which a refund is to be given, the refund will be processed once the returned product has been received by Health Sensei India Pvt Ltd and/or subscription cancellation is approved. Refunds applicable only if it is determined that the item was not damaged while in the subscriber’s possession, or is not different from what was sold to the subscriber.
- Once the refund is approved, the Company will initiate the refund to the mode (Credit card/Debit card/NetBanking) through which payment was made, after appropriate deductions as mentioned in the patient sign-up agreement. If any of the above mode is expired or blocked, the Company may initiate refund through cheque to the subscriber’s bank account. The Company may request documents to verify credentials before initiating the refund.
14. PRICING POLICY
- Price Range :- At Health Sensei India Pvt. Ltd., we have customised pricing according to the services rendered by us. The details are provided to you beforehand according to the effort, efficiency and the output of the service. Typically, the range of transactions on our website varies from INR 100.00 (Rupees Hundred only) to 3,00,000.00 (Rupees Three Lakhs only).
- Schedule of payment:- Some of our services can be utilised for fixed durations. In such cases, it is clearly mentioned within the description of these services. The period of usage in these cases vary from 1 month to 1 year.
- Pricing Errors:- We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur. If an item's price is higher than the price displayed, we will cancel your order of that item and notify you of the cancellation. Our products/services are offered for sale by Health Sensei India Pvt. Ltd., for your personal use and not for resale. Therefore, we reserve the right to refuse to sell to any person whom we believe may be purchasing for resale.