Last updated on: October 28, 2023

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@www.medugo.com.