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Copyright © PregBuddy Technologies Pvt Ltd. All Rights Reserved

Terms of Use

 

Last updated on: August 1, 2018

PLEASE READ THESE GENERAL TERMS AND CONDITIONS (THE “TERMS OF USE”) CAREFULLY BEFORE REGISTERING ON THE CONNECTED CARE APPLICATION AND/OR THE kPREGBUDDY APPLICATION (COLLECTIVELY REFERRED TO AS “APPLICATIONS” AND INDIVIDUALS AS “APPLICATION”) MADE AVAILABLE BY PREGBUDDY (DEFINED BELOW).

BY ACCESSING THE PREGBUDDY PLATFORM AND/OR SIGNING UP AND USING EITHER OR BOTH APPLICATIONS, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE.

 

YOU AGREE THAT THESE TERMS OF USE CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND PREGBUDDY TECHNOLOGIES PRIVATE LIMITED, A PRIVATE LIMITED COMPANY, HAVING ITS REGISTERED OFFICE AT KORAMANGALA INDUSTRIAL LAYOUT, NO 3, 20TH MAIN ROAD, 7TH BLOCK, KORAMANGALA, BENGALURU, KARNATAKA 560095  (“PREGBUDDY”).

 

'YOU'/'USER' SHALL MEAN ANY NATURAL OR LEGAL PERSON WHO HAS DOWNLOADED AND INSTALLED EITHER OR BOTH APPLICATIONS AND PROVIDED REGISTRATION DATA WHILE REGISTERING ON THE APPLICATIONS.

 

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ATTEMPT TO REGISTER OR USE THE APPLICATIONS.

 

In these Terms of Use, references to

  • the website available at http://www.pregbuddy.com and the Applications made available by PregBuddy for download on the Play Store (Android) and/ or App Store (iOS) for organizations  shall be hereinafter collectively referred to as the “PregBuddy Platform”;

  • "We", "Us", "Our" shall mean "PregBuddy”; and

  • “Doctor” shall mean any person permitted to practice medicine by the MCI (Medical Council of India) who will be verified and authenticated by us

  • “Care Provider” shall mean any person who is an employee/ consultant of an Organization and is connected to such Organization network on the Application, including a Doctor.

  • “Organizations” shall mean a hospital registered with us as a client by executing an agreement with us to the effect.

 

 

BY USING THE PREGBUDDY PLATFORM YOU AGREE AS FOLLOWS:

 

 

1. Introduction:

These Terms of Use are subject to change from time to time at Our sole discretion, and any changes will be effective immediately upon posting the same on the PregBuddy Platform. You are responsible for regularly reviewing these Terms of Use so that You will be apprised of any changes. You can determine when these Terms of Use were last revised by referring to the [“LAST UPDATED”] legend at the top of these Terms of Use. Your continued use of the PregBuddy Platform after such changes will indicate Your acceptance of such revised Terms of Use. We are committed to providing adequate content to You and encourage You to contact us via CONTACT US information provided on Our PregBuddy Platform.

 

 

2. What are Our Services?

We have developed the mobile applications “Connected Care” and “PregBuddy”. The  Applications communicate with one another to provide care continuum between Doctors and patients. These Applications are available on Android and iOS platforms. The Connected Care application helps Doctors stay connected with their patients who are registered on the PregBuddy application and have opted to connect with the Doctor (“Services”).

The Services you receive through the PregBuddy application are not intended to replace a primary care physician relationship. You should seek emergency help or follow-up care when recommended by a Doctor or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Any response times stated on the site and/ or Applications and any other materials from PregBuddy is to be treated as guidelines only and actual times may vary.

The Services made available through the Connected Care application are not intended to replace primary care physician relationship. They are merely to facilitate communication between the Care Providers to discuss the status of the patients and to facilitate appointments, tests, activities, events between the patient and the Care Providers. The Care Providers cannot use the Application for any other purpose than has been provided herein.

   

 

3. Who Are Eligible To Use Our Services?

The Services are not available to minors under the age of 18 (eighteen) or to any Organizations or individuals suspended or removed from the PregBuddy Platform by PregBuddy for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail the Services or use the PregBuddy Platform. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of 18 (eighteen) years, please read through these Terms of Use with Your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between PregBuddy and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. PregBuddy reserves the right on a case by case basis to demand documented proof that Your parent or legal guardian’s consent has been granted.

If you are registering as an Organization, not being a natural person, you represent that you are duly authorized by the Organization to accept these Terms of Use and you have the authority to bind the Organization to these Terms of Use.

PregBuddy reserves the right to refuse access to use the Services offered by the PregBuddy  Platform to new users or to terminate access granted to existing User at any time without according any reasons for doing so.

 

 

4. Intellectual Property Rights

PregBuddy has legally licensed and/or developed the components in the Applications and is the sole and absolute owner of the Applications including but not limited to designs, text, graphics, images, information, code, software, audio and other files, and their selection and arrangement (the "PregBuddy IP"). The PregBuddy IP may contain open-source software and libraries. With the exception of such open-source software and libraries, the PregBuddy IP  is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws whether registered or pending registration or unregistered. You shall not modify, copy, distribute, frame, reproduce, adapt, translate, reverse engineer, create derivative works, republish, unauthorized download, scrap, display, post, transmit, remove, alter, obscure, license or sell PregBuddy IP in any form or by any means, in whole or in part,. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain PregBuddy IP. All data and information generated from Your access and use of the Content (collectively, the "Activity Data"), shall be exclusively owned by PregBuddy, and You shall not have any right to use such Activity Data except as expressly authorized by these Terms of Use. By using the Content, you hereby assign to PregBuddy any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Data. All rights of PregBuddy that are not expressly granted in these Terms of Use are reserved to PregBuddy.

 

5. Content:

All the information generated or uploaded via the Applications by You are hereby called “Content”. Following are a few manners in which Content can be created or shared via the Application:

  • You can generate Content via Patient Group, Care Group or Care Team, Patient Profile; or

  • Any information, but not limited to, added, edited, updated, uploaded on to Your profile comes under Content.

  • Any information not limited to, their activities, events, appointments, tests, location, branches or lists shared by You with PregBuddy.

 

PregBuddy  reserves the right to change Content options (including eligibility for particular features) without notice. Although, you will receive regular updates from PregBuddy if changes to Content that You subscribed for has been changed within reasonable time. PregBuddy maintains several checks and balances to validate the accuracy and correctness of all content and data on the PregBuddy Platform. Although, PregBuddy does not take any liability or warranty of any content or data provided to You.

 

Use of Content by Us.

The Content shall be used as detailed in the Privacy Policy available at https://www.pregbuddy.com/connected-care-privacypolicy. The Content is referred to as Data in the Privacy Policy.

 

Content Rights and Content Responsibility

All the Content created  on the PregBuddy Platform will be owned by PregBuddy and is protected by respective copyright laws. None of the employees of the PregBuddy will have access to Your Profiles or any conversations in any chat group, without prior written approval from You.

 

All Features, Roles, Services, Access Controls, access/generation/updation of Content are called as Usage Rules.

 

You agree that the platform is provided to you by way of a license only. You shall use PregBuddy platforms in compliance with the applicable usage rules established by PregBuddy and that any other use of the PregBuddy platforms may constitute a copyright infringement. PregBuddy reserves the right to modify the Usage Rules  at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by PregBuddy for compliance purposes, and PregBuddy reserves the right to enforce the Usage Rules without notice to you. You agree not to access the PregBuddy services by any means other than through medium that is provided by PregBuddy for accessing the PregBuddy services. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the PregBuddy service. Violations of system or network security may result in civil or criminal liability.

 

Certain content or data on the platform may include materials from third parties integrated on the platform. You agree that PregBuddy is not responsible for examining or evaluating the content or accuracy and PregBuddy does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that PregBuddy is not in any way responsible for any such use by you.

 

6. Disclaimers

You understand that the Applications are used to communicated and provide care continuum. Even though We take all the necessary steps to verify the authenticity of the Doctors, Care Providers, Users, You understand that we shall not be liable for any deficiencies including but not limited to misconduct, injury caused or lack of knowledge of the Doctor/User. We are not a party to such interaction and take no liability that arises from any such acts of the Doctor/User.

 

Healthcare Services: All of the Doctors who deliver services through the platform are independent professionals and are solely responsible for the services each provides to their patient. PregBuddy does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Doctors, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither PregBuddy, nor Doctors nor any third parties who promote the Services or provide the patient with a link to the Service shall be liable for any professional advice they obtain from a Doctors via the Services.

 

Informed Consent: The Healthcare Services Patients receive from Doctors via the Platforms are not intended to be used for emergency cases. Patients should seek emergency help or rush to the nearest hospital when recommended by Doctors or Users of Connected Care. Patients understand that there are inherent risks involved in receiving Healthcare Services over a mobile/computer platform, which include but not limited to sufficiency of information transmitted (e.g., poor resolution of images) to allow for appropriate medical decision making by a Hospital Member; Doctors may neither be able to provide medical treatment to Patient nor provide for or arrange for care that Patient may require in the case of an emergency; Delays in medical evaluation and treatment could occur due to deficiencies or failures of the Platforms; Security protocols could fail, causing a breach of privacy of Patient confidential medical information. A lack of access to complete medical records may result in errors in medical judgment.

 

Patient may expect the anticipated benefits from the Services provided by PregBuddy, Doctors, but no results can be guaranteed. Patient’s condition may not be cured or improved, and in some cases, may get worse.

 

PregBuddy hereby disclaims any responsibility towards Patients and Doctors in terms of development, maintenance and updation of the Platforms. Any modification, development, maintenance or updation of Platforms and any modification, transfer, license or assignment of the rights in the Platforms shall be done by PregBuddy as per its sole judgment and in its sole discretion.

 

The Platforms and Services provided by PregBuddy is provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). To the fullest extent permitted by law, PregBuddy disclaims all liability arising out of the Patient’s use or reliance upon the Platforms, the Services, the PregBuddy Content, representations and warranties made by PregBuddy or any opinion or suggestion given or expressed by PregBuddy or its contractors and agents (including Doctors).

 

PregBuddy assumes no responsibility, and shall not be liable for ways in which Patient personal medical data is used.

 

PregBuddy assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Platforms or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Platforms, User’s sole remedy is to discontinue using the Platforms.

 

Neither PregBuddy nor its contractors and agents (including Doctors) shall be liable to a Patient, monetarily or otherwise, for an occurrence wherein no medical or procedural negligence of PregBuddy or its contractors and agents is proven.

 

PregBuddy assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials exchanged between Patient and Hospital Provider. We reserve the right to change or discontinue, at any time, any aspect or feature of this platform.

 

PregBuddy disclaims any representation and/or warranty for the security, reliability, quality, timeliness, and performance of (I) the Platforms and their features (II) Hospital Member information on the Platforms (III) any service information, content or advice available on or received through the Platforms (IV) access to or alteration of Patient Content or Hospital Member Content (V) transmissions or data and (VI) any other matter relating to the application and/or services.

 

PregBuddy makes no warranty or representation that any errors in their Platforms will be corrected except as required by law. PregBuddy assumes no responsibility and/or liability with respect to any information which Patient or a Hospital Member may post on the Platforms and they are solely responsible for such their Content posted on the Platforms.

 

You agree that the open and real-time nature of the Platform make it impossible for PregBuddy to vouch for the validity, authenticity and honesty of the Patient or Hospital Member’s Content. PregBuddy is not responsible for any Patient or Hospital Member’s Content on the Platform, or for the consequences of either reading or replying on such Content.

 

PregBuddy does not provide any guarantee and shall not be held liable or responsible for the failure to send any communication, notification or reminder to you whether as a feature or the application or not.

 

PregBuddy shall not responsible or liable for any breach or loss of data including personal information caused due to events beyond the control of PregBuddy due to technical reasons or third party actions.

 

7. Feedback Mechanism:

We may have a feedback mechanism tool for PregBuddy Platform. You agree that while using PregBuddy Platform, You are subject to evaluation by Us. The evaluation shall be based on a system of rating and review, which shall be on the basis of Your usage of the PregBuddy Platform or on the basis of interaction between You and other Users.

 

8. Termination:

PregBuddy may suspend or terminate Your use of the PregBuddy Platform any Service if it believes, in its sole and absolute discretion that You have breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or the relevant EULA or otherwise acted unethically. PregBuddy reserves the right to terminate Your account and / or refuse to provide You with access to the PregBuddy Platform if it is brought to PregBuddy's notice or if it is discovered that You are under the age of 18 years or the Organization has requested the termination. PregBuddy reserves the right to terminate if they have reasonable grounds to suspect that information provided by You is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, PregBuddy shall have the right to indefinitely suspend or terminate or block access of Your account on the PregBuddy Platform and refuse to provide You with access to the PregBuddy Platform.

 

9. Severability:

If any provision of the Terms of Use is found by a court or other binding authority to be invalid, You agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.

 

 

10. Governing Law:

The laws of the India, shall govern these Terms of Use, regardless of Your location. You hereby expressly consent to exclusive jurisdiction and venue located in, Bengaluru, India, for all matters or disputes arising out of or relating to these Terms of Use or Your access or use of the PregBuddy Platform.

 

 

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE APPLICATIONS/PREGBUDDY PLATFORM MUST BE BROUGHT BY YOU WITHIN 1 (ONE) MONTH OF THE DATE SUCH CAUSE OF ACTION FIRST AROSE, OR SUCH CAUSE OF ACTION IS FOREVER WAIVED BY YOU. EACH CAUSE OF ACTION SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.