Thito App

Terms of Use

Steigen Healthcare India Private Limited (“Company”, “We”, “Us” or “Our”) is the author, publisher, and owner of the internet resource at [Application THITO and website thito.in] with any subdomain thereof, mobile/tablet/console applications, or other present or future electronic modes (“App”, “Website”, “Site”). By accessing, viewing, or using the App or any of the content on the App, you indicate that you understand and intend these terms of use (“Terms of Use”) to be the legal equivalent of a signed, binding written contract and that you accept such Terms of Use and agree to be legally bound by them. If you do not agree with the Terms of Use, you are not granted permission to use the Site and should exit immediately. Further, by impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Our policies, including the Privacy Policy, and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India for the purposes of accessing, browsing or transacting on the App, or availing any of the Services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.

The App is a platform that inter alia facilitates the provision of “Services”(as described in Paragraph 1 below and shall include such other services that are made available on the Platform in the future). The access and use of the App by users/visitors (“User(s)” or “you” or “your” or “yourself”) for availing the Services inter alia by (i) Steigen Healthcare India Private Limited, and/or (ii) third-party diagnostic services providers (“Third Party Labs”); and/or (iii) third party doctor(s), medical consultancy service providers (if any), other medical and healthcare professionals or institutions (“Medical Professional”), shall be governed in accordance with these Terms of Use read along with the privacy policy set out at https://steigenhealthcare.com/privacy-policy-2/ (together referred to as the “Agreement”). The Third-Party Labs and Medical Professionals are collectively referred to as the “Third Party Service Providers”.

The Users would be required to register on the App in order to avail the Services. The User consents for Third-Party Service Providers to process, fetch, collect, and transfer their data. By accessing the App, registering, or any other means of usage herein, the User shall be deemed to have read and agreed to these terms of the Agreement without requiring any other express, implied, or other consent requirement in writing or otherwise.

We reserve the right to add, modify, amend, cancel, limit, vary, or change, either wholly, or in part, at any point in time, the Agreement, with prior notice. Further, We reserve the right to withdraw, suspend, alter, modify, change, or vary the App, the App features, the App content, Services, or parts thereof, at its sole discretion, without prior notice. All modifications/amendments to the Agreement will be posted on the App and will become effective immediately upon such posting on the App. Your continued use of the App after such change or modification shall be deemed to be your agreement to the revised/modified Agreement. Please review these Terms of Use and Privacy Policy regularly to remain informed of any changes. If you do not agree to the Agreement, please do not use the App and/or deregister from the App by deleting your account using this App and cease to be the User of the app immediately

Enquiry /
Feedback

SERVICES

The following Services are facilitated by us and/or made available for the Users of the Platform. The Services are governed by the terms mentioned below in addition to the other terms of the Agreement and as such shall not be deemed to have an overriding effect over the other terms of the Agreement and shall not be interpreted in derogation to the other terms of this Agreement. We also reserve the right to charge a subscription fee in order for the User to avail the Services provided through the App.

PRIVATE & SECURE DIGITAL LOCKER SERVICE

Users may upload their documents/reports/information to the App directly or they may authorize Third-Party Service Providers to upload documents/reports/information on their behalf. Such authorization to Third-Party Service Providers will require the explicit consent of the users.

  1.  Users may upload their documents/reports/information to the App directly or they may authorize Third-Party Service Providers to upload documents/reports/information on their behalf. Such authorization to Third-Party Service Providers will require the explicit consent of the users.

  2. Users may use this  service to manage all medical cases, appointments, and other medical records and map a digital overview of the User’s medical history. The  User agrees that for the usage of this Service, the App may receive the User’s medical records including the User’s diagnostic & other lab reports, and doctor prescriptions from both Third-Party Service Providers and/or directly from the User(s).

  3. The accuracy, integrity, and completeness of the information provided in the digital locker depends upon the information provided by the User or a Third-Party Service Provider authorized by the User. The App is merely a facilitator communicating or storing information and does not in any manner alter the information uploaded on the said digital locker. We shall in no event be liable for any losses or injuries suffered by the User or arising out of any actions or omissions made by the User or any other person including a Third-Party Service Provider relying on the information provided in the digital locker.

CONSULTATION SERVICES

Users may upload their documents/reports/information to the App directly or they may authorize Third-Party Service Providers to upload documents/reports/information on their behalf. Such authorization to Third-Party Service Providers will require the explicit consent of the users.

  1. While we take reasonable efforts to ensure that relevant information about the Medical Professionals such as their specialization, qualification, area of practice, experience, fees, location, visiting hours, etc. that are provided under the Consultation Service are accurate and updated at frequent intervals, we shall not be liable for any inaccuracies or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.

  2. We make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work/advice, or expertise of the Medical Professionals providing Consultation Services and shall in no event be liable in any manner whatsoever for any claims pertaining to malpractice, negligence, deficiency of services on the part of the Medical Professionals.

  3. The use of the Consultation Services will be deemed to be at the User’s judgment and perception, and we shall not be, directly or indirectly, liable for any lapse in the User’s judgment which may result in any injury or loss, nor shall we be liable for the use of the Consultation Services in contravention of the terms mentioned in this Agreement.

  4. Consultation Services are provided at the consent of the User and the same shall not be construed as a replacement for physical consultation and are meant for general consultation only.

  5. Consultation Services that are provided through the App to the User, will be at the instance/request of the User.

  6. If on availing of Consultation Services on the App, the User has been recommended to undergo any diagnostic tests, or is issued a Prescription, the same are deemed to be provided based on the information and preliminary examination, hence, the same shall not be treated as accurate, final, and conclusive.

  7. Any prescriptions made by the Medical Professionals on the basis of the Consultation Services shall be at the sole discretion of the Medical Professionals and such Medical Professionals shall be solely responsible for making such prescription. We do not endorse any prescription nor do we deal in drugs. The use of any medical drugs prescribed by the Medical Professionals during the Consultation Services will be taken at the User’s discretion and sole responsibility.

  8. By availing the Consultation Services, the User provides its consent to us for recording, saving, and storing for record purposes all such Consultation Services availed through the App by the User in the event such records are required to be produced as evidence on the direction of a court of law. We may review such data from time to time for quality evaluation purposes. However, under normal circumstances, We will not access any information that identifies the User and shall either omit, mask or anonymize the User’s personal information at the time of quality evaluation.

INSURANCE SERVICES

  1. The App may facilitate Insurance Services to the Users by providing the User access to and enabling Third-Party Insurance Service Providers.

  2. The claims and details of the Insurance provided to the Users will be directly through the Third-Party Insurance Service Providers and we do not take any responsibility regarding the authenticity of the same. We shall not be liable for any inaccuracies or incompleteness of such information or any direct or indirect losses or injuries caused on account of such inaccuracies or incompleteness.

  3. The User may have to provide data/information to the Third-Party Insurance Service Providers to avail Insurance Services through the App.

ELIGIBILITY

The User hereby represents and warrants that they:

  1. Are at least 18 (Eighteen) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties outlined in the Agreement;

  2. Have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned; and

  3. Are not impersonating any other person and are using their actual identity;

  4. Agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding their use of the App including Services.

  5. In case of the User being a child, or of unsound mind, their legal guardian(s) will be responsible for managing their profile and for availing the Services on their behalf.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while the User uses the Services or is a User on the App. Company may terminate the User’s use of/access to the App or the Services (either case, in whole or part), in its sole discretion, at any time, without warning or notice to the User.

REGISTRATION, USER PROFILE & PROVISION OF SERVICES

  1. Access to certain Services on the App, requires the completion of a simple registration process to create the User profile. The registration and creation of the User profile requires the User to reveal their identity and/or other information about themselves, which will be governed by the App’s Privacy Policy.

  2. Users will have the option to register with the App and create a personal profile on the App (“User Profile”), which may enable them to access additional sections on the App and to avail other Services. By accessing and/or completing 6 the online registration process on the App and by creating the User App, the User confirms their acceptance of the Agreement. Company may, at its sole and absolute discretion, refuse to accept registration applications for the registration and creation of the User Profile.

  3. To create the User Profile, the User may either:
    1. acknowledge and agree that they may be required to give information about themselves for their User Profile verification. In order to complete the User Profile, they will be required to inter alia provide their full name, email address, gender, mobile number(s), date of birth, current city/place of residence, etc. Any information provided by the User to Us should be complete and accurate to the best of their knowledge. We are not obliged to cross-check or verify information provided by the User and We will not take any responsibility for any outcome or consequence as a result of the User providing incorrect information or concealing any relevant information from Us.

    2. The User understands that it is their responsibility to protect certain information relating to their usage of the App including, but not limited to their username, password, email address, contact details, mobile number, and OTP, if any. The User is responsible for maintaining the confidentiality of the password and the User Profile and is fully responsible for all the activities that occur under their password or their User Profile.

  4. By creating an account, the User agrees to
    1.   receive certain communications in connection with the App or the Services including from or on behalf of the Third-Party Service Providers; and

    2. receive Service-related notifications in the form of an SMS, email, or mobile notifications.

  5. Company reserves the right to charge subscription and/or membership fees from the User(s), by giving reasonable prior notice, in respect of any product, service, or any other aspect of the App anytime in the future. The Services may be subject to certain limitations, such as limits on disk storage space and, other
    limitations dependent on the Third-Party Service Provider’s engagement with Company.

  6. Company, the App, the software, or the software application store that makes the software available for download on a device may include functionality to automatically check for updates or upgrades to the software. Unless the User’s device, its settings, or computer software does not permit transmission or use of upgrades or updates, the User agrees that the Company, or the applicable software or software application store, may provide notice to the User of the availability of such upgrades or updates and automatically push such upgrade or update to the User’s device or computer from time-to-time. The User may be required to install certain upgrades or updates to the software in order to continue to access or use the App or the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to the User by Company shall be considered a part of the Services.

  7. User acknowledges and agrees that (a) Services may be subject to certain limitations, such as limits on disk storage space and, other limitations dependent on the Third-Party Service Provider’s engagement with the Company. The Services may be subject to certain limitations, such as limits on disk storage space and, other limitations dependent on the Third-Party Service Provider’s engagement with Company; and (b) if the Company disables access to the User’s account, the User may be prevented from accessing the App or Services and that such User account details or any files or other content, which may be contained in such User account. The Company also reserves the right to deactivate the User’s account in case of any foul, abusive, or inappropriate language used in any functionality including reviews, comments, or interactions with Company’s and/or Third-Party Service Provider’s stakeholders.

  8. Company may also prescribe certain limits on the use of the App and/or Services or storage of User Content or third-party Content at its sole discretion without any prior notice to the User while at all times complying with the Privacy Policy. In consideration for Company granting the User access to and use of the App and Services, you agree that Company and its Third-Party providers and partners may place such advertising on the Services or in connection with the display of the User Content or Company’s Content, or information from the Services, whether submitted by them or others.

  9. We may also place advertisements on the App.

  10. In the event of a change in the mobile number linked to the User Profile on the App, the User will be required to follow a phone-based registration / verification system/process that links every User Profile to a unique mobile number. The User will be required to follow the procedure of updating the mobile number via Application. This verification process will be required and OTPs from the previously registered and new mobile numbers. 

PAYMENTS

All payments made by the User for availing Services will be done through a payment gateway provided by a Third-Party Service Providers. No payments by the User can be done directly via the App.

  1. Online Payment options are available for the services listed below:
    1. Booking a consultation with Doctor or taking appointments of the healthcare facilities.

    2. Subscription Services around Health Records Management, Doctor Consultation, Medicine Delivery & Lab Packages and other healthcare related services.

  2. Payment Options
    The facility for online payment/s through credit card/debit card/ net banking account is available for select credit card, debit card and net banking account only.

    In a credit card and/or debit card and/or net banking transaction/s, the User must use his/her own card. Company will not be liable for any credit card or debit card or net banking fraud. You are requested to communicate all grievances related to such issues to Your Bank/ credit card or net banking account supplier. Company will not entertain or address any such grievances or issues.

    You confirm that You are aware of the fact that when making any online payment through credit card/debit card/ net banking account, You may be directed to the payment gateway page as per the subscription policy. The payment gateway may redirect You to other website(s) maintained or controlled by third parties and We do not control such third party website/s and are not responsible for any transactions on such website/s.

    Company shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card/debit card/ net banking account.

    The following options are available for making payments:

    1. Domestic Debit & Credit cards which are part of the Visa and Mastercard network

    2. UPI one-time/recurring payments through Phonepe, GPay, or any UPI ID.

    3. Wallets

    4. Net Banking

    5. Important:
      Company will not call you for your OTP, CVV, or any other secure codes. Please do not disclose this information to anyone.

  3. Refund &Return Policy
    1. Subscription Services around Health Records Management, Doctor Consultation, Medicine Delivery & Lab Packages etc. are non-refundable.

USER CONTENT

  1. For the provision of Services, App] may allow the User to upload their existing medical records, maintain a repository of reports received from Third-Party Service Providers, texts, files, images, photos, videos, or any other materials, and to inter alia enables the User to provide Third-Party Service Provider rating/ feedback, etc. (collectively, “User Content”).

  2. The User and/or Third-Party Service Providers undertake to share or allow the sharing of User Content with Company at their own risk. Company reserves the right to retain such information for the purpose of providing Services to the Users.

  3. Company reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to the User, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Company deems to be inappropriate:
    1. Content belonging to another person and to which the User does not have any right to;

    2. Content that infringes the intellectual property of any party;

    3. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;

    4. Content that includes racially, ethically, or otherwise objectionable language;

    5. Content that is libelous, defamatory, or otherwise tortious language;

    6. Content that contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information of any person whatsoever; and

    7. Content that involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

USER GUIDELINES

  1. In consideration of Company granting you a license to use the App, you hereby agree not to use the App for any purpose that is unlawful under any applicable laws and/or in violation of these Terms of Use and our Privacy Policy. You shall not use the App in any manner that could damage, disable, overburden, or impair
    any server, any network(s) connected to any of Company’s server, or interfere with any other party’s use and enjoyment of the App. The User shall not attempt to gain unauthorized access to any functions and features, other User’s accounts, computer systems, or networks connected to any of the Company’s server, in any manner, including, through hacking, password mining, or any other unlawful means. The User shall not obtain or attempt to obtain any materials or information through any means that is not intentionally made available through the App.

  2. The User shall directly or indirectly through third parties, not: (a) make and/or distribute copies of the App; (b) attempt to copy, reproduce, alter, modify, and/or reverse engineer the App; and/or (c) create derivative works of App.

  3. The User consents and may opt for the family plan that provides for multiple profiles to be hosted on one device. The User consents for us and for Third-Party Service Providers to collect, transfer, fetch, and process data from all linked profiles.

  4. The User may opt for registration and log-in via password only or OTP only.

  5. The User accepts that any and all operations emanating from the User’s device shall be assumed to have been initiated by the User.

  6. The User shall request Company to disable the User’s account and change the password immediately for the account, if your device (wherein the App account may be signed in) has been lost or stolen.

  7. The User is responsible for any and all activities that occur in their account. The User agrees to notify the Company immediately in the event of an unauthorized use of the User account or any other form of security breach. Company shall not be liable for any loss to the User or the User’s organization owing to negligent actions or a failure on the User’s part to inform the Company, within a reasonable time, about the loss or theft of their device and/or any unauthorized access in your account, either with or without their knowledge. Further, the User shall not use any other person’s account at any time, without the express prior written permission of the concerned account holder and Company.

  8. The User shall be liable for losses incurred by the Company or any other party due to a third party’s use of the User’s account.

  9. The User shall ensure that, while using the functions and features of the App, all applicable laws, rules, and regulations shall, at all times, be strictly complied with by the User. Company shall not be liable in any manner whatsoever for default of any nature by the User.

  10. The User agrees that the App may be linked to the website of third parties, affiliates, and business partners and that Company has no control over, and is not liable or responsible for the content, accuracy, validity, reliability, quality of such websites or made available by/through the App. The inclusion of any link on the App does not imply that the Company endorses/supports/propagates the linked website. Other Parties may use the links and these services at their own risk.

  11. The User agrees that certain Services on the App may require payment of fees such as consultation fees. Company and/or Third-Party Service Provider, as the case may be, reserves the right to revise Services charges at any time, at their sole discretion. The charges, applicable at any given time, will be the charges displayed at the time of using the respective Services.

INTELLECTUAL PROPERTY

  1. The User may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Company, Third-Party Service Providers, or others (including without limitation unlicensed third-party content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information.

    1. If Company becomes aware that one of their users is a repeat copyright infringer, it is their policy to take reasonable steps within their power to terminate that User. Without limiting the foregoing, if the User believes that the User’s work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide the Company with relevant documentary and other evidence and we will be happy to take corrective action
      accordingly.

USER-THIRD PARTY SERVICE PROVIDER DISPUTES

  1. Users are solely responsible for their interactions with Third-Party Service Providers. Company reserves the right, but has no obligation, to monitor disputes between the User, other Users, and/or Third-Party Service Providers and to immediately terminate the privileges of any User.

  2. The App, for the provision of Services facilitates between the User and Third-Party Service Providers and no associations or interactions that happen between the User and Third-Party Service Providers are the responsibility of Company. Accordingly, Company shall not be responsible for the quality of the services rendered and the products supplied or payment due therefor. The same shall be availed of/rendered or procured/supplied on terms mutually agreed between the concerned User and Third-Party Service Providers. In the event of any claims arising on account thereof, the sole remedy shall be against the concerned User and/or Third-Party Service Provider and not App and/or the Company.

DISCLAIMER OF WARRANTIES

  1. The user acknowledges and agrees that the services are provided on “as is” and “as available” basis without warranty of any kind, express, implied, statutory, or otherwise and that use of services shall be at sole risk of the user. us, and any of our subsidiary, affiliate, director, officer, employee, service providers and agent (“steigen healthcare india private limited parties”) expressly disclaims any and all implied or express warranties to the maximum extent permitted by applicable law in connection with the services. no advice or information, whether oral or written, obtained by the user from the app or services shall create any warranty not expressly stated in the terms of use.

  2. Without limiting the generality of the foregoing, Company makes no warranty and will not be liable, in any manner whatsoever, for claims pertaining to malpractice, negligence, deficiency of Services on the part of a Third-Party Service Providers and/or such other claims pertaining to, including, without limitation: (a) quality, authenticity and availability of the services and products; (b) delay in performance/delivery or non-performance/delivery of the services and products availed/procured; (c)injury, death and/or side effects caused due to the services and products availed/procured; (d) non-maintenance or any loss of any User Content (including health and medical records); (e) insurance and other related services.

  3. The User accepts and acknowledges that Company does not verify any content or information provided by or obtained from either the Users or Third-Party Service Providers, and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the App, the Services, data and reports by Third-Party Service Providers, representations and warranties made by the other parties on the App or any opinion or suggestion given or expressed by the Company or any Third-Party Service Providers in relation to any Services provided by the Company.

  4. Company is not responsible for the conduct, whether online or offline, of any User of the Services or Third-Party Service Providers. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any User communication or any User Content or Company Content or data from any Third-Party Service Providers.

  5. Under no circumstances shall Company be responsible for any loss or damage, including personal injury or death, resulting from the use of the Services, from any User Content or Company Content posted on or through the Services, or from the conduct of any Users of the Services or Third-Party Service Providers, whether online or offline. Company cannot guarantee and does not promise any specific results from the use of the Services.

  6. This App is controlled and operated from India and the Company makes no representation that the content, information, or materials made available herein are appropriate or will be available for use in other locations. Access and use of
    this App from outside India is entirely at the User’s sole risk. The User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge, and absolve the Company and its subsidiary, affiliate, director, officer, employee, service providers and agent from any liability or loss in this respect.

  7. Company reserves the right to introduce and initiate new features, functionalities, and components to the App and/or change, alter, modify, suspend, discontinue, or remove the existing ones without any prior notice to the User. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the App without any prior notice to the User.

DISPUTES AND GOVERNING LAW

  1. In case of any dispute concerning or involving the Services, you agree that the dispute shall be governed by the laws of India and the Courts of Mumbai shall have exclusive jurisdiction to adjudicate all disputes.

  2. Notwithstanding anything to the contrary contained anywhere in these Terms of Use, the User agrees that monetary damages may not be an adequate remedy for the losses that may be sustained by Company from a breach of the Terms of this App and accordingly, Company shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain the User from committing any violation of these Terms of Use.

FORCE MAJEURE

Company and/or a User will not be in default, if its/his/her failure to perform any obligations hereunder (other than any payment obligation) is caused by supervening conditions beyond that party’s reasonable control, including without limitation acts of God, civil commotion, strikes, labour disputes, internet service interruptions or slowdowns, vandalism or hacker attacks, or governmental demands or requirements.

INFRINGEMENT NOTIFICATION

If the User believes in good faith that any Company content, User Content, or material posted or otherwise made accessible on this App, violates these Terms of Use, or is prohibited or restricted by applicable laws, rules, and regulations, or violates the User’s proprietary rights, or is abusive or threatens and harms other users of this App, please compile the following information and email it to: admin@steigenhealthcare.com and which email shall contain at least the following information:

  1. If the User believes in good faith that any Company content, User Content, or material posted or otherwise made accessible on this App, violates these Terms of Use, or is prohibited or restricted by applicable laws, rules, and regulations, or violates the User’s proprietary rights, or is abusive or threatens and harms other users of this App, please compile the following information and email it to: admin@steigenhealthcare.com and which email shall contain at least the following information:

    1. A clear identification of the allegedly prohibited/unlawful/abusive material on the App (with specific URL reference);

    2. The User’s contact details: name, address, e-mail address and phone number;

    3. In case of an alleged violation of proprietary rights (including copyright, trademark, or privacy rights), a statement that the User believes, in good faith, that the use of proprietary material allegedly infringed on the App is not authorized by the User or the User’s agent or law;

    4. A statement that the User believes, in good faith, that such material is prohibited/unlawful/abusive; and

    5. A statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on the User’s behalf.

  2. The email notification provided by the User under this clause shall be executed by the User’s electronic signature or the electronic signature of the person directly affected by the violation of these Terms of Use.

  3. In such an event, Company may contact the User for any further information and reserves the right to determine, at its sole discretion, whether such Company Content violates these Terms of Use or is otherwise abusive/prohibited/unlawful, and may take such action it deems appropriate. If you resort to any mala fide use of the notification process set out above, Company reserves the right to restrict your access to the App.

INDEMNITY

The User agrees to indemnify, defend, and hold harmless Company, and any subsidiary, affiliate, director, officer, employee, and agent, from and against any and all claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs or expenses, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from (i) User Content; (ii) the User’s use of and access to the App or Services; (iii) the User’s violation of any term of these Terms of Use; (iv) the User’s violation of any third party’s or Third-Party Service Provider’s right, including without limitation any intellectual property right; or (v)the User’s unauthorized use of the Services. This defence and indemnification obligation will survive these Terms of Use and the User’s use of the App and/or the Services.

LIMITATION OF LIABILITY

  1. In no event shall we, and any of our subsidiary, affiliates, directors, officers, employees, service providers, and agent (“steigen healthcare india private limited parties”) be liable to the user or any third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including damages for loss of user data or profits(whether incurred directly or indirectly), any loss of goodwill or business reputation, or any other intangible losses, even if the user or any third party have been advised of the possibility of such damages.

  2. Notwithstanding anything to the contrary contained herein, company’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the extent of subscription fee paid at the time of registration, if any, by the user to company (in the form of commission as marketplace) for the services during the term of the user’s use. the foregoing limitation of liability shall apply to the fullest extent permitted by law. the user specifically acknowledge
    s that company shall not be liable for user content or any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the user.

INFORMATION GATHERED AND TRACKED

  1. By accessing this App, the User hereby agrees and understands that the User’s internet protocol (“IP”) address, the device used to access the App, and other demographics will be logged and recorded. If the User chooses to register and create a User Profile on our App, we will collect and store such information (including personal information) as specified above. All information collected from the User, including information submitted for the registration of a User profile, is subject to Our Privacy Policy. We may collect further information from the User if the User wishes to receive certain Services available on the App, which information will be requested for at the time the User chooses to avail of such Services. We guarantee that personal information about Users will not be provided to any third party without consent from the information source including consent from the relevant User and/or the Third-Party Service Provider.

  2. Company may disclose or transfer User Content to its affiliates including in other countries, and the User hereby consents to such transfer. In line with applicable laws, Company is permitted only to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Company, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the user or where the User has consented to data transfer.

  3. The App has a Privacy Policy disclosing what information Company collects about its Users, how Company uses such information, the steps Company takes to secure such information, how the User can view and correct such information, and how the User can decline to have information about the User collected or used. This statement is incorporated by reference as if set forth fully herein.

SERVICE LEVELS

The App will achieve System Availability of at least 97% during each calendar year. For the purpose of these Terms of Use, “System Availability” means the number of minutes in a year that the key components of the App are operational as a percentage of the total number of minutes in such year, excluding downtime resulting from (a) scheduled maintenance,(b) events of force majeure, (c) malicious attacks on the system, (d) issues associated with the User’s computing devices, local area networks or internet service provider connections, or (e) inability to deliver services because of acts or omissions of User. Company reserves the right to take the App offline for scheduled maintenance for which User(s) would be provided reasonable notice and Company reserves the right to change its maintenance window upon prior notice to User(s).

WAIVER AND SEVERABILITY OF TERMS

The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of this Agreement remain in full force and effect.

ASSIGNMENT

The User may not assign their rights and obligations under these Terms of Use without the prior written consent of Company. Company may assign its rights and obligations to a third party upon issuing written notification via an announcement on the Portal.

CONTACT US

Please feel free to contact us in case of any queries, or grievances or to report any abuse or violations of these Terms of Use, by emailing at admin@steigenhealthcare.com.

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