Amaara - Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS INTERNET BASED PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS INTERNET BASED PLATFORM.

1. APPLICABIITY AND NATURE OF TERMS

1.1. The internet resource, www.amaara.com (“Website”), as well as the software and applications provided by Amaara ( defined hereinafter),(“Apps”), (together, with the Website and the Apps, referred to as the “Services”), are owned and operated by Amaara Vectors Private Limited, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “Amaara” or “We” or “ Our” or “Us” or “Company ”). The Company, through the provision of its Services, facilitates storage, transmission and access of medical information for organizations and individuals.

1.2. These Terms of Use (as hereinafter defined) apply to You whether You are:

(a) A Medical Administrator, Medical Practitioner, or other Medical/ Health Care service provider (whether an individual professional or an organization) or similar institution availing the Services, including designated, authorized associates and employees of such practitioners or institutions;

(b) A patient, to whose information or data, We are provided access in the course of providing the Services, or his/her representatives or affiliates; or

Entities/ persons referred to in (a), (b) and (c) above, shall hereinafter, be referred to as “End User”, “You” or “User”.

1.3. Your access or use of the Services, are governed by the following terms and conditions (hereinafter referred to as the Terms of Use”), the Privacy Policy, the End User License Agreement and if applicable to You, the Payment Terms, all of which are incorporated herein by way of reference. These Terms of Use constitutes a legal and binding contract between You on one part and Amaara on the other Part.

1.4. By accessing, browsing or in any way using the Website or the Apps, or availing any Services, You signify Your agreement to be bound by these Terms of Use. However, if You navigate away from the Website or the Apps to a third party website, You may be subject to alternative terms and conditions of use and privacy policy, as may be specified on such third party website. In such event, the terms and conditions of use and privacy policy applicable to that website will govern Your use of that website.

1.5. Amaara reserves the right to change or modify these Terms of Use or any policy or guideline of the Website or the Apps, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Website or the Apps and You waive any right You may have to receive specific notice of such changes or modifications. Your continued use of the Website or the Apps will confirm Your acceptance of such changes or modifications; therefore, You should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to Your use of the Website and the Apps.

1.6. If You are a natural person, (i) as a condition to Your use of the Website or the Apps, You must be 18 (eighteen) years of age or older; and (ii) by visiting the Website or the Apps or accepting these Terms of Use, You represent and warrant to Amaara that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Website and the Apps and agree to and abide by these Terms of Use; provided however that if You are a parent or legal guardian of a person younger than 18 (eighteen) years of age, You are permitted to access and use the Website and the Apps for the purposes of procuring the Services, on behalf of such persons provided that You have specifically notified Amaara that You are acting as a parent or legal guardian of a person younger than 18 (eighteen) years of age and on their behalf, and in such case, the terms “You”, “User” and “End User” shall be interpreted accordingly. Similarly, in case of a person (i) who is physically incapacitated; or (ii) whose physical/ mental condition is such that he/ she is unable to access the Website/ the Apps himself/ herself; or (iii) who is aged over 18 years and is unwilling to himself/ herself access the Website/ the Apps, You, in Your capacity such person’s immediate relatives (“Next of Kin”) are permitted to access and use the Website and the Apps for the purposes of procuring the Services, on behalf of such persons, provided that You have specifically notified Amaara that You are such person’s Next of Kin and are acting in such capacity, on their behalf, and in such case, the terms “You”, “User” and “End User” shall be interpreted accordingly. You understand, acknowledge and agree that Amaara shall be entitled to wholly place reliance on the notification to be provided by the parents/ legal guardians of minors, and the Next of Kin of the relevant persons mentioned above, without conducting any independent evaluation as to familial relationship or whether such parents/ legal guardians or Next of Kin actually possess the requisite authority to act on behalf of the said other persons. A legal guardian or Next of Kin User is interpreted to be the primary user (“Primary User”) of their own account, whereas their dependant(s) are interpreted to be a secondary user (“ Secondary User”) that is linked to the Primary User. A Secondary User may utilize the Services as a beneficiary to the Primary User and a Primary User shall be entirely responsible for the Secondary Users actions while availing the Services. If a Secondary User is an adult of sound mind, and competent to contract, the Company shall have the right to proceed against such Secondary User, either jointly or severally with the associated Primary User, for any acts and omissions of the relevant Secondary User that violates the Agreement.

1.7. These Terms of Use are published in accordance with, and is governed by the provisions of Indian laws, including but limited to, the Indian Contract Act, 1872 (“Contract Act”), and the (Indian) Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

1.8. Amaara authorizes You to view and access the content available through the Services, solely for the purposes of availing the Services, only as per these Terms of Use. The contents on the Website or the Apps, including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, may contain third party service providers’ content (“ Third Party Content”) as well as in-house content provided by Amaara including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“ Amaara Content”) (collectively, “Content ”). The Amaara Content is the property of Amaara and is protected under copyright, trademark and other applicable law(s). You shall not modify the Amaara Content or reproduce, display, publicly perform, distribute, or otherwise use the Amaara Content in any way for any public or commercial purpose or for personal gain.

1.9. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. ELIGIBILITY

2.1. For the purposes of availing the Services, You are required to obtain registration, in accordance with the procedure set out by Amaara in this regard. As part of the registration process, Amaara may collect the following personal information from You:

(a) Name;

(b) Email address;

(d) Gender;

(e) Age;

(f) Mobile phone number;

(g) Valid financial account information; and

(h) Other details as You may volunteer to so provide.

2.2. By registering on, accessing or using the Website or the Apps or using the Services, You accept the terms of these Terms of Use and represent and warrant to Amaara that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and the Apps and the Services, and agree to and abide by these Terms of Use.

2.3. A registered ID can only be used by (1) the User whose details have been provided; or (2) parents or legal guardians of persons younger than 18 (eighteen) years of age, acting on their behalf; or (3) Next of Kin of the relevant persons referred to in paragraph 1.6 above, acting on their behalf. Amaara does not permit multiple persons to share an ID.

2.4. You agree and acknowledge that You shall (i) create only 1 (one) account; (ii) provide accurate, truthful, current and complete information when creating Your account and in all Your dealings through the Website or the Apps; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password or any other log-in information such as an OT with others and restricting access to Your account; (v) promptly notify Amaara if You discover or otherwise suspect any security breaches relating to the Website or the Apps; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.

2.5. The Website and the Apps use temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Amaara for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, Amaara may allow authorized third parties to place or recognize a unique cookie on the Your browser. Amaara does not store personally identifiable information in the cookies.

2.6. Amaara, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and the Apps, at any time while Amaara investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason.

3. USE OF SERVICES AND THE WEBSITE

3.1. Through the Services, Amaara facilitates storage, transmission and access of digital medical information between medical service providers, institutions and patients. Patients are the owners of their medical information and Amaara transmits and facilitates access to such medical information to parties designated by the patient from time to time.

3.2. You understand and agree that Amaara merely provides hosting services to You, and Amaara neither controls the content of the health/ medical data hosted by it nor does it alter the same. The authenticity, accuracy and genuineness of the data shall be the sole responsibility of the medical service providers and the patients, and Amaara shall have no liability whatsoever, in this regard. Further, given that Amaara is not involved in providing any healthcare or medical advice or diagnosis and also that Amaara has an independent contractor relationship with the Users, Amaara is not and shall not, in any manner whatsoever, be responsible for any interactions between a medical service provider and a patient, or any tests conducted, reports generated and diagnoses provided by any medical service provider, nor will Amaara will be vicariously liable for the actions of any medical service provider.

3.3. You accept and acknowledge that Amaara is not responsible for any breach of any contract entered into between You and any other End User. Amaara cannot and does not guarantee that any of the End Users will fulfil or perform the terms of their contract with any other End User.

3.4. Amaara accepts no responsibility for any medical, legal or financial events or outcomes related to the Services availed by the Users.

3.5. Amaara makes no warranty that the Services will meet Your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by Amaara employees. We are not responsible for transmission errors, or corruption of data.

3.6. The Services should not be used by the Users for illegal purposes. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Website, the Apps, or Services. Any attempt by any individual or entity to solicit login information of any other User or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

3.7. Your right to use the Services is not transferable.

3.8. We may, at Our sole discretion, suspend User’s ability to use or access the Services at any time while We investigate complaints or alleged violations of these Terms of Use, or for any other reason.

3.9. Refund Policy: Currently we do not offer refunds on payments. This is because any charges for the Services are applicable post-utility of such Service.

4. OTHER TERMS

4.1. Amaara reserves the right to maintain, delete or destroy all communications and materials posted or uploaded by the Users in the course of availing the Services, according to its internal record retention and/or destruction policies. You might be contacted via email to review the information provided by You for Amaara’s record or for the Services.

4.2. For additional information regarding use of information about You, please refer to the Privacy Policy.

4.3. The Users are responsible for maintaining the confidentiality of the Users’ account information and access to the same. The Users shall be responsible for all uses of the Users’ account, whether or not authorized by the Users. The Users shall immediately notify Amaara of any actual or suspected unauthorized use of the Users’ account.

4.4. Each User undertakes that it shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(d) violates any law for the time being in force;

(e) impersonates another person;

(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(g) is prohibited under applicable law(s) for the time being in force including the Indian Penal Code, 1860, as amended from time to time and rules made thereunder; and

(h) 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 any other nation.

4.5. Liability

4.5.1. The Services provided by Amaara are 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). We do not provide or make any representations, warranties or guarantees, express or implied about the Website, the Apps and the Services.

4.5.2. To the maximum extent permitted by applicable law(s), We, Our affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the Apps or the Services, materials and functions related thereto, even if such Protected Entity has been advised of the possibility of such damages.

4.5.3. The Users agree to defend, indemnify and hold harmless Amaara, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) the User’s access to or use of Website, the Apps and the Services; (b) the User’s violation of these Terms of Use or any applicable law(s); (c) the User’s violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) the User’s conduct in connection with the use of the Services.

5. TERMINATION

The provisions of these Terms of Use shall continue to apply until terminated by either Amaara or the Users, as set out below:

5.1. In case of Users wanting to terminate these Terms of Use, they may do so by ceasing to access or use the Website, the Apps or the Services and intimating Amaara in writing of such cessation, or closing their accounts for all of the Services that they use.

5.2. Amaara reserves the right to, at any time, and with or without notice, terminate these Terms of Use against each of the Users, if there is:

(a) breach any of applicable law(s) or the provisions of these Terms of Use, the Privacy Policy, the End User License Agreement, or if applicable to such User, the Payment Terms, by such User; or

(b) Amaara is unable to verify or authenticate any information provided to Amaara by the Users; or

(c) Amaara believes, in its sole discretion, that the User’s actions may cause legal liability for Amaara (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of Amaara; or

(d) Amaara is required to do so by law; or

(e) if the Users fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Amaara to provide the Services to the Users; or

(f) The provision of the Services to the Users, is in Amaara’s opinion, no longer commercially viable; or

(g) Amaara has elected to discontinue, with or without reason, access to the Website, the Apps or the Services (or any part thereof).

(h) Amaara may also terminate or suspend (temporarily or permanently) all or a portion of User’s account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of the User’s account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring User’s from further use or access of the Website, the Apps or of any of the Services.

5.3. Once terminated or suspended (temporarily or permanently), the Users may not continue to use the Website, the Apps or the Services under the same account, a different account or re-register under a new account.

5.4. Upon termination of these Terms of Use, We shall have no obligation to maintain or provide any of the User’s data and may thereafter, unless legally prohibited, delete all of User’s data in its systems or otherwise in its possession or under its control, including but not limited to the User’s personal information, log-in ID, access details, order details (including any prescriptions uploaded) and all related information, files and materials associated with the User’s account (or any part thereof).

5.5. The right to terminate/ suspend the User’s account is in addition to, and without prejudice to, Amaara’s right to initiate action against the User, in accordance with applicable law.

6. APPLICABLE LAW AND DISPUTE SETTLEMENT

6.1. You agree that these Terms of Use will be governed by the laws of the Republic of India and courts at Bangalore, Karnataka shall have exclusive jurisdiction to try any dispute under this Agreement.

6.2. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of these Terms of Use to arbitrate, or your use of the Website, the Apps or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Amaara. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be India and the venue of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

6.3. Subject to the above Clause 6.2, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to these Terms of Use, Your use of the Website, the Apps or the Services or the information to which it gives access.

7. GRIEVANCE REDRESSAL

7.1. If a User has any questions concerning Amaara, the Website, the Apps, these Terms of Use, the Services, or anything related to any of the foregoing, Amaara customer support can be reached at the following email address: help@amaara.com.

7.2. We address discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, We have designated Mr. Arjun Ravindra as the grievance officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:

sending an email to help@amaara.com.

8. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

9. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Amaara. Any consent by Amaara to, or a waiver by Amaara of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.