The Terms and Conditions of Use (“T&C”) apply to the access and use of Medugo
website and/or mobile application (“Platform”) and access and/or use of the
products and services provided through the Platform (“Services”). This
Platform is owned, managed and operated by STMJ Products and Solutions Pvt
Ltd. (“Company”, “we”, “our”, “us”). The terms “You” or “Your” in this T&C
refer to the user and/or subscriber of our Platform. The scope of this T&C
governs the use of the Platform and/or the Services by patients, users and/or
others (“End user”) for collection, storage, usage, processing, hosting,
transmitting and disclosure of health data. You agree and acknowledge that the
access and/or use of the Platform and/or subscription to the Services is under
a limited, non-exclusive, non-transferable, non-assignable, non-licensable,
royalty-free, personal licence basis to use the Services granted by the
Company only for personal and non-commercial purposes mentioned in the T&C
herein.
ACCEPTANCE OF TERMS
Acceptance of the T&C is mandatory for accessing and/or using the Platform
and/or subscribing to the Services. By accepting the T&C you represent and
warrant that you are 18 years of age or older, and that you have the right,
authority and capacity to use the Platform and the Services. By accessing,
downloading, installing and/or subscribing to the Platform or accepting,
submitting or downloading any content from the Platform, the user will be
deemed to have read and understood the following terms of T&C and accepts and
agrees to be bound by this T&C. Your access and/or use of the Platform and/or
subscription to the Services will constitute as acceptance of the T&C and will
create a binding agreement between you and STMJ Products and Solutions Pvt
Ltd. If you do not accept the terms of the T&C and do not agree to be bound by
the same, we request you to refrain from accessing and/or using the Platform
and/or subscribing to the Services. It is of essence that you read and clearly
understand the T&C and its implications prior to accessing and/or using the
Platform and/or subscribing to the Services. The T&C may be updated, modified,
or revised from time to time or with or without notice to you and you are
expected to be up-to-date with any such updates, modifications or revisions
made to the T&C. Your access and/or use of the Platform and/or subscription to
the Services pursuant to such updates, modifications or revisions will
constitute as your acceptance of the updated, modified or revised T&C. The
Company may also change, suspend, or discontinue any or all part of the
Platforms or Services at any time by posting a notice on the Platform or by
informing you through any other modes of communication. Your access and/or use
of the Platform and/or subscription to the Services pursuant to such changes,
suspension and/or discontinuance will constitute as your acceptance of such
changes, suspension and/or discontinuance. The Platform uses cookies to
improve functionality and performance and if you continue browsing, accessing
and/or using the Platform you are giving implied consent to the use of
cookies.
USE OF SERVICES
The Platform and the Services is designed to assist you with the ability to
store basic health information about you and your loved ones, and keep track
of such data. The Platform and the Services is intended to collect, store and
share your health data and also to seamlessly share such data with doctors or
other qualified medical professionals for diagnosis, if you so choose to do.
The Platform and the Services is not designed to be an alternative to medical
diagnosis and can only act as a storing, accessing and sharing platform. The
Platform and the Services only provides data relating to your health and
well-being such as height, weight, body temperature, menstrual cycle dates,
pulse rate, blood pressure rate, oxygen level, blood glucose level, as saved
by you. The Platform and the Services can also be used for seamless sharing of
data with any of your contacts or doctors or other medical professionals, as
the need be. You also understand and agree that we are not responsible for,
and will have no liability in connection with, any transactions or disputes or
inaccuracies between you and the doctors or other medical professionals with
respect to the information provided by you through the platform to such
doctors or other qualified healthcare medical professionals.
We will take every effort to make the Services easily accessible and useful
through the Platform, but we cannot assure that your web browser or mobile
device will be compatible with the Platform or the Services to provide the
best results or that your access to the Platform and the Services will be
uninterrupted, or that any content therein will be free from errors.
You also agree to use the Platform and/or the Services only for its intended
purpose and in compliance with all applicable laws and regulations in force
from time to time. You, further, also agree to not engage in any unlawful,
harmful, threatening, abusive, defamatory, or otherwise objectionable conduct
while using the Platform and/or the Services. You understand and acknowledge
that the Company or the Platform is merely providing an information storage
and sharing portal for the sake of ease and convenience of the End User and so
only, it cannot be held responsible for any legal actions arising out of any
unlawful, harmful, threatening, abusive, defamatory, or otherwise
objectionable conduct indulged in by you.
REGISTRATION FOR USE OF SERVICES
To use certain features of the Platform and/or the Services, you may be
required to create a user account. It shall be your responsibility to provide
us with genuine, correct, current and complete information during the account
registration process and to update such information from time to time to keep
it genuine, correct, current and complete. You also agree that you will be
solely responsible for maintaining the confidentiality of your account
credentials including the User ID and the password and for all activities that
occur under your respective accounts. You agree to not hold the Company or the
Platform liable for any claims or losses arising out of misuse of the Platform
and/or the Services accessed using your credentials.
DATA COLLECTION AND PRIVACY
You consent to the collection, storage, usage, processing, hosting,
transmitting and disclosure of your personal data, personal information,
sensitive data, sensitive information and credential of any information in
compliance with our Privacy Policy, which is incorporated by reference into
this T&C, while accessing and/or using the Platform and/or subscribing to the
Services. While all reasonable care and caution will be taken including
physical, electronic, and procedural safeguards that are commensurate with the
highest industry standards to safeguard the privacy of your aforementioned
information, you understand and agree that despite our best efforts to protect
your information, we cannot fully eliminate the security risks associated with
vulnerabilities of the internet and completely warrant the safety and security
of the information transmitted by you to us and so only the Company or the
Platform shall not be held liable for data breaches beyond their control.
NON-DISCLOSURE
The Company shall not disclose any Information about you unless consented by
you. You agree and acknowledge that all reasonable care and caution including
physical, electronic, and procedural safeguards that are commensurate with the
highest industry standards will be taken by the Company to safeguard the
privacy of your information comprising of measures such as limited access to
employees and third party service providers, to the information on an “as
required” basis in order to operate, develop or improve the Platform and/or
the Services and they are bound by the obligation of confidentiality and
non-disclosure.
INTELLECTUAL PROPERTY
All intellectual property in relation to the Platform and the Services,
including but not limited to text, graphics, logos, images, and software,
present therein are the property of the Company or its licensors and are
protected by trademarks, copyright and other intellectual property laws. You
are by no means granted any rights or proprietary interest impliedly or
expressly by the Company in respect of such intellectual property. You may not
use or merge the whole or part of any of the intellectual property owned by
the Company or any component thereof, with software or databases that do not
belong to the Company. You shall not be permitted to sub-license or transfer
any of the intellectual property or data in Platform and the Services. You
shall neither reverse engineer, decompile, disassemble or otherwise attempt to
derive the source code or structure of the Platform and the Services, nor
interfere, circumvent, or attempt to interfere or circumvent any measures in
place to protect, regulate or enforce the intellectual property in relation to
the Platform and the Services.
LIMITATION OF LIABILITY
The Platform and the Services has been provided on an “as is” and “as
available” basis without any warranties of any kind, whether express or
implied. The provision of the Services will not warrant that the Platform will
be error-free, uninterrupted, or secure. You acknowledge and agree that to the
fullest extent permitted by law the Company shall not be held liable for any
indirect, incidental, special, consequential, or punitive damages, or any loss
of profits or revenues, whether incurred directly or indirectly, or any loss
of data, use, goodwill, or other intangible losses suffered owing to the use
of the Platform and/or the Services. The Company disclaims any and all
liabilities arising out of inaccuracies or disputes arising out of information
provided by you while accessing and/or using the Platform and/or subscribing
to the Services.
Without limiting the foregoing, neither the Company nor the Platform makes any
representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
time bombs or other harmful components; (v) that the Website is appropriate or
available for use in all countries or that the content satisfies the laws of
all countries. You are responsible for ensuring that your access to and use of
the Platform is not illegal or prohibited, and for your own compliance with
applicable local laws.
DISCLAIMER
The Platform does not provide any medical advice and the Platform merely acts
as a tool to save Information with respect to personal health reports and acts
as a data storage platform to easily collection, storage, usage, processing,
hosting, transmitting and disclosure of the Information with any third-party
service providers including doctors. You understand and agree that the
Platform is not a substitute for any professional medical advice, diagnosis,
or treatment.
TERMINATION
We reserve the right to suspend or terminate your access to the Platform
and/or the Services at any time without any notice for any reason, including
violation of the T&C.
GOVERNING LAW
The T&C and your use of the Platform and/or the Services are governed by the
laws of India. If any dispute or claims arise out of or relating to the
non-compliance of the T&C, it will be decided exclusively by the applicable
courts within the exclusive jurisdiction of Chennai.
CONTACT US
If you have any questions, concerns, complaints or grievances with respect to
Platform and/or the Services or this T&C, you may contact us at
info@medugo.com.
