Terms & Condition for use of application & services
Welcome to the (Mediseed Healthcare LLP’s) Terms & Conditions for use of application & services agreement.
For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at (https://healthily.fitness) or through our mobile application. “Service” refers to the Company’s services accessed via the Site or “application”, in which users can (Healthcare, fitness & wellness services). The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.
The following Terms & Conditions for use of application & services apply when you view or use the Service via our website located at (https://healthily.fitness) or by accessing the Service through clicking on the application (the “App”) on your mobile device. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms & Condition for use of application & services. If you do not agree to be bound by these Terms & Condition for use of application & services in their entirety, you may not access or use the Service.
ABOUT THE SERVICE
The Service allows you to Tracking Health records, Tracking fitness records, Telemedicine & Other healthcare professionals advice, Pathology services, E-commerce, Read healthcare & fitness micro blogs, Monitoring of health data & fitness data.
These terms and conditions (“Terms”) govern your use of the “Healthily Fitness” mobile application (the “App”) developed and provided by Mediseed Healthcare LLP (“Company”). By accessing or using the App, you agree to be bound by these Terms. Please read them carefully before using the App.
1. ACCEPTANCE OF TERMS
By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.
- 2.1 Registration Process: In order to access certain features and services offered by the App, you may be required to register and create an account. During the registration process, you will be asked to provide certain information, including personal data, such as your name, email address, mobile number, Aadhaar number, and other relevant information.
- 2.2 Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. The Company reserves the right to suspend or terminate your account if any information provided is found to be inaccurate, false, or misleading.
3. RULES FOR USER CONDUCT AND USE OF THE SERVICE
- 3.1 Compliance with Laws: You agree to comply with all applicable laws, regulations, and guidelines when using the App. You shall not use the App for any illegal, unauthorized, or prohibited purpose.
- 3.2 Health and Fitness Data Collection: The App may collect various health data, including but not limited to medical history, family medical history, pathology reports, X-ray reports, fitness data, and photos. You acknowledge and agree that such data will be used by the Company for the purpose of providing the services offered by the App, including but not limited to online consultations with healthcare professionals, delivery of products (ecommerce), and personalizing your experience within the App.
- 3.4 Payment Processing: The App may provide an in-built payment module for processing payments related to services, products, or subscriptions. You agree to provide accurate and valid payment information and authorize the Company to charge your selected payment method for the applicable amounts. All payments are subject to the terms and conditions of the payment provider.
- 3.5 Intellectual Property: The App and its content, including but not limited to text, graphics, images, logos, trademarks, software, and other materials, are owned or licensed by the Company and protected by intellectual property laws. You shall not modify, distribute, reproduce, publish, create derivative works, or exploit any of the App’s content without the prior written consent of the Company.
4. DISCLAIMER OF WARRANTIES
5. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall the company, its directors, officers, employees, agents, partners, or affiliates be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the app, including, but not limited to, damages for loss of profits, revenue, data, or other intangible losses, even if the company has been advised of the possibility of such damages.
6. COPYRIGHT AND INTELLECTUAL PROPERTY
The App and its content, including but not limited to text, graphics, images, logos, trademarks, software, and other materials, are protected by copyright and intellectual property laws. You acknowledge and agree that all intellectual property rights in the App and its content are owned by the Company or its licensors. You shall not remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed in or on the App.
7. LIABILITY OF DOCTORS AND HEALTHCARE PROFESSIONALS
The App may provide online consultations and advice from healthcare professionals. You understand and acknowledge that the Company acts as a platform facilitating such interactions and does not assume any liability for the advice or services provided by healthcare professionals. The healthcare professionals are solely responsible for the accuracy and appropriateness of the advice and services they provide.
8. LIABILITY OF PARTNER SERVICES
The App may integrate or partner with third-party services, such as pathology service providers (e.g., Healthians, Redcliffe), for the provision of accurate services. You acknowledge and agree that the Company does not control or assume any liability for the services provided by these partner services. Any issues or disputes arising from such services should be resolved directly with the respective partner services.
9. ECOMMERCE PRODUCT LIABILITY
The App may facilitate the sale and delivery of products through its e-commerce feature. The liability for the accuracy, quality, safety, and functionality of the products lies with the respective agent or manufacturing company. The Company assumes no responsibility for any product-related issues or disputes and encourages users to review the terms and conditions of the specific product before making a purchase.
10. WARRANTY DISCLAIMER
The company does not make any warranties or representations, express or implied, regarding the app, its content, or the services provided through the app. The company disclaims all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
You release and discharge the Company, its directors, officers, employees, agents, partners, and affiliates from any and all claims, liabilities, losses, damages, costs, and expenses, whether known or unknown, arising out of or in any way connected with your use of the App or the services provided therein.
12. MODIFICATION OF TERMS AND CONDITIONS
The Company reserves the right to modify these Terms at any time without prior notice. Any changes to the Terms will be effective immediately upon posting. It is your responsibility to review the updated Terms regularly. Your continued use of the App after the posting of modifications constitutes your acceptance of the revised Terms.
13. GENERAL TERMS
- 13.1 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of the App and supersede any prior agreements or understandings.
- 13.2 Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of (Jurisdiction). Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of (Delhi, India).
- 13.3 Severability (continued) If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
- 13.4 No Refund Policy: All payments made for services, products, or subscriptions through the App are non-refundable unless otherwise specified by the Company. The Company reserves the right to review and consider refund requests on a case-by-case basis, at its sole discretion. In the event of any refund, the Company may deduct applicable transaction fees or charges.
- 13.5 Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the Company.
- 13.6 Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign or transfer these Terms, in whole or in part, without restriction.
13.7 Survival: The provisions of these Terms that by their nature should survive the termination or expiration of these Terms shall continue to apply, including but not limited to provisions related to intellectual property, disclaimers, limitations of liability, and indemnification.
14. ACCOUNT SUSPENSION AND DATA RETENTION
- 14.1 Account Suspension: The Company reserves the right to suspend or terminate your account, temporarily or permanently, in the event of any violation of these Terms or for any other reason deemed necessary by the Company. You understand and acknowledge that the Company shall not be liable to you or any third party for any suspension or termination of your account.
- 14.2 Data Retention: In accordance with applicable laws and regulations, the Company will retain your health and fitness records as long as required for the provision of services and as permitted by law. However, the Company assures you that no health and fitness records will be shared with any administration or government authorities without your explicit consent, except as required by law.
15. ACCOUNT HACK AND DATA LEAK POLICY
- 15.1 Security Measures: The Company takes reasonable measures to protect your account and personal data from unauthorized access, hacking, or data leaks. However, you acknowledge that no system can be completely secure, and the Company cannot guarantee the absolute security of your account or data.
- 15.2 Reporting Security Issues: In the event of any suspected account hack or data leak, you agree to notify the Company immediately through the designated contact channels provided within the App. The Company will investigate and take appropriate actions to mitigate any potential security breaches.
- 15.3 Liability Limitation: The Company shall not be held liable for any damages, losses, or consequences arising from unauthorized access to your account or any data leaks, except where such incidents occur due to the Company’s willful misconduct or gross negligence.
16. IN-APP PAYMENT
- 16.1 In-App Payment: The App provides an in-app payment module for processing payments related to services, products, or subscriptions. By using the in-app payment module, you agree to comply with the applicable terms and conditions of the payment provider and authorize the Company to charge your selected payment method for the relevant amounts.
- 16.2 Payment Disputes: In the event of any payment disputes or issues, you agree to contact the Company’s customer support within a reasonable timeframe to resolve the matter. The Company will make reasonable efforts to address and resolve payment-related concerns in a timely manner.
17. USE OF HEALTHCARE SERVICES FOR MEDICO-LEGAL PURPOSES
- 17.1 Prohibited Use: You expressly acknowledge and agree that the healthcare services provided through the App are not intended for medico-legal purposes. If you intend to use any prescriptions, documents, or advice obtained through the App for medico-legal purposes, such use will render the prescription, document, or advice invalid.
- 17.2 Physical Consultations for Medico-Legal Purposes: For any medico-legal purposes, it is advised that you consult a healthcare professional physically rather than relying on online consultations. The Company does not assume any responsibility for the use of healthcare services obtained through the App for medico-legal purposes.
- 17.3 Fees for Physical Visits: If you choose to consult a healthcare professional physically for medico-legal purposes, any fees or expenses incurred for such visits shall be solely borne by you and the Company shall not be liable for any reimbursement of such fees or expenses.
By using the “Healthily Fitness” mobile application, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to any provision of these Terms, you should refrain from using the App.
If you have any questions or concerns regarding these Terms, please contact us at: email@example.com
Effective Date: [15/06/2023]