Terms and Conditions
1. Provision of the Service
My SmartHealth provides an on-line cloud-based ‘Healthcare Club’ platform for individuals, professionals, corporates, and seniors, which empowers them to better manage their healthcare insurance claims, fix medical checkups, and wellness programs (Services).
You acknowledge that you have provided My SmartHealth with accurate and complete registration information on your account sign-up which shall include any medical bona fides as may be reasonably requested by My SmartHealth.
If you purchase subscriptions where a group of users may access the Services, then you are accepting responsibility on behalf of all those users. Full details of how many users may access the Services, the term of the subscription with you and the costs of the same, will be provided to you on your service order form (the terms of which are hereby specifically incorporated into this Agreement) (“Service Order”). If required, you may also add licenses for additional users by executing a new Service Order at any time.
You further acknowledge that it is your responsibility to update My SmartHealth with any changes to your subscription information by e-mailing My SmartHealth at the email address provided in the agreement. Please note that in the interests of individuals, employees, and others’ safety, My SmartHealth reserves the right to require you to provide evidence to verify any aspect of your account and, to include your status as SmartHealth User at any time.
If you believe that there has been a breach of security such as the disclosure, theft or unauthorized use of your username and password (“ID”) then you must notify My SmartHealth immediately. If My SmartHealth reasonably believes that your ID is being used in any way, which is not permitted as per Agreement, My SmartHealth reserves the right to immediately suspend access rights on giving notice to you and to block access to the Service until the issue has been resolved to the satisfaction of both the parties.
My SmartHealth is continually seeking to improve the Service and to ensure that all information on the Site is up to date and as accurate as reasonably possible. Accordingly, My SmartHealth reserves the right, and at its sole discretion, to make changes to any part of the Service (including editorial or other changes) or the Content at any time and without prior notice to you.
My SmartHealth recommends that you regularly check the Site from time-to-time for any updates or changes to this Agreement and/or the Service, which shall become effective on posting and your continued use of the Site will mean acceptance of those updates and/or changes.
2. License and Limited Rights to use Content
My SmartHealth grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Site and the Content and the Services subject to the terms and conditions of this Agreement.
The Content and all software, copyright, database rights, website design, trade and service marks and logos or names, design rights, know-how and rights relating to loss of reputation and business and all other intellectual property rights (“Intellectual Property”) in each case whether registered or not, in the Content and the Site belong to My SmartHealth (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of My SmartHealth.
My SmartHealth does not claim ownership of any material that you or third parties submit to the Site (and which is defined as “Your Content” under clause 4 below) and is not responsible for its content, accuracy or compliance with relevant laws or regulations. You agree that by submitting such material you grant My SmartHealth permission via a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to display, publish and otherwise use Your Content as My SmartHealth reasonably sees fit, and agree that My SmartHealth is under no obligation to display or otherwise use Your Content and that My SmartHealth has the right to remove Your Content immediately and without prior notice to you.
My SmartHealth fully respects your right to privacy and has a strict policy of complying with the terms and conditions as agreed upon. At certain times, due to your interaction with the Site, My SmartHealth may hold and process personal information obtained about you for the purposes providing you with the Service. By registering on the Site, you consent to this collection and use of your information.
In addition, you hereby acknowledge and confirm that you have received full and explicit permission to collect, use and store personal (to include their sensitive data as defined under the Act) data to allow you and My SmartHealth to lawfully provide the Services to all. For the avoidance of any doubt whatsoever, you hereby understand and confirm that My SmartHealth is the data processor and you, are the data controller.
Please also note that we may use your data to send you information about our products and/or services and, in addition, and because of using the Services you may receive alerts via email/text etc. By using the Services, you agree to these interactions and if at any time you do not wish to receive such information, then please contact us at <email ID> and we shall desist the same.
4. Service Availability and Limitation of liability
My SmartHealth shall use all reasonable endeavors to make the Service available to you but shall not be liable in the event of any interruption of the Service. My SmartHealth reserves the right to modify, withdraw, suspend, or restrict the availability of the Service or any part of it. The Service is provided solely for your use, and you are not permitted to resell (meaning sub-licence) or attempt to resell the Service to any third-party.
5. Pricing and Refund Policy
All products sold (as applicable) and the Services provided shall be charged in INR and shall be subject to applicable taxes and at the then prevailing rate and payment time all as noted on your Service Order. Nothing contained in the Site amounts to an offer to supply goods or services, and any order from you can be refused at the sole discretion of My SmartHealth without providing a reason.
If you dispute any charge or amount on any invoice and such dispute cannot be resolved promptly through good faith discussions between us then you shall pay the amounts due under this Agreement less the disputed amount, and we shall proceed in good faith to promptly resolve such disputed amount. An amount will be considered disputed in good faith if (i) you deliver a written statement to us on or before the due date of the invoice, describing in detail the basis of the dispute and the amount being withheld by you, (ii) such written statement represents that the amount in dispute has been determined after due investigation of the facts and that such disputed amount has been determined in good faith, and (iii) all other amounts due from you that are not in dispute have been paid as and when required under this Agreement
During the term of this Agreement, each party will regard any information provided to it by the other party and designated in writing as proprietary or confidential to be confidential (“Confidential Information”). Confidential Information shall also include information which, to a reasonable person familiar with the disclosing party’s business and the medical industry in which it operates, is of a confidential or proprietary nature. The receiving party shall hold in confidence, and shall not disclose (or permit or suffer its personnel to disclose) any Confidential Information to any person or entity except to a director, officer, employee, outside consultant, or advisor (collectively “Representatives”) who have a need to know such Confidential Information in the course of the performance of their duties for the receiving party and who are bound by a duty of confidentiality no less protective of the disclosing party’s Confidential Information than this Agreement. The receiving party and its Representatives shall use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential Information for its own benefit or the benefit of another without the prior written consent of the disclosing party. Each party accepts responsibility for the actions of its Representatives and shall protect the other party’s Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used. A receiving party shall promptly notify the disclosing party upon becoming aware of a breach or threatened breach hereunder and shall cooperate with any reasonable request of the disclosing party in enforcing its rights.
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